This document, which contains the Terms and Conditions of use for the website Hotinnailz.com, must
be accepted by every visitor or user of the Hotinnailz.com site, meaning any individual and/or legal entity that accesses and/or purchases/acquires/uses Products and/or Services from Hotinnailz.com.

The use or mere visit of the web domain hotinnailz.com and/or its subdomains implies acceptance of the Terms and Conditions in the form presented on the Site.

Hotinnailz.com, through its administrator, operates in accordance with Law no. 365/2002 on electronic commerce as amended by Law no. 121/2006, Government Ordinance No. 21/1992 on consumer protection (“GO 21/1992”), and Government Emergency Ordinance no. 34/2014 on consumer rights in contracts concluded with professionals (“GEO 34/2014”), Government Emergency Ordinance No 140/2021 on certain aspects relating to contracts for the sale of goods (“GEO 140/2021”), Government Ordinance no. 99/2000 on the commercialization of products and market services, and is subject to all applicable legal provisions in Romania.

1.Definitions

Contract – an Order confirmed by the Seller, through which the Seller agrees to sell and deliver Products and/or Services and the Client agrees to purchase, receive, and make payment for the respective Products and/or Services; the Contract is based on the present Terms and Conditions and implies their acceptance by the Client;

Courier – any public or private legal entity that provides courier services;

Client – an individual or legal entity that places an Order;

GEO 140/2021 – has the meaning assigned in the Preamble of the Terms and Conditions;

GEO 34/2014 – has the meaning assigned in the Preamble of the Terms and Conditions;

GO 21/1992 – has the meaning assigned in the Preamble of the Terms and Conditions;

Order – an electronic document that acts as a form of communication between the Seller and the Client, generated after the Client accesses the Site, following email contact or phone contact, through which the Client expresses the intention to purchase certain Products and/or Services and make payment for them. The Order implies the Client's acceptance of the present Terms and Conditions;

Made to Order – has the meaning assigned in Section 7 of the Terms and Conditions;

Personalized Product – any Product which has been prepared, designed and/or executed by Hotinnailz.com based on the Client’s design request, reference pictures, specifications and/or measurements;

Product – any product supplied by Hotinnailz.com;

Seller – Hotinnailz.com, operated by the company having the information described under point 2 below;

Service – any service supplied by Hotinnailz.com;

Site – the web domain hotinnailz.com and its subdomains;

Terms and Conditions – this document, which acts as a contract between the User/Client and the Seller;

User – any person who visits and/or interacts with the Hotinnailz.com Site.

2. Company information

HOTINNAILZ S.R.L.

Phone: +40771590918

Email: contact@hotinnailz.com

Number of registration within the Register of Commerce: J40/19562/18.10.2023

CUI: 48962964

EUID: RO49524156

Headquarters : Romania, Bucharest, Sector 1, Ion Mihalache Boulevard No. 109, Block 13A, Staircase B, floor 1, apartment 56, Room 1.

3.Contractual Documents

By placing an Order on hotinnailz.com, the Client agrees to the communication method (phone or email) through which the Seller conducts its operations.

The Order will consist of the following documents, in order of importance:

Order (together with clear mentions of the necessary data for delivery and billing) and its specific
conditions;

Options regarding payment methods;

Acceptance of the Terms and Conditions and the processing of personal data;

Order confirmation (by email);

The Contract comes into effect upon the Seller's confirmation of the Order. The Seller's acceptance of the order is considered complete when there is an electronic (email) confirmation from the Seller to the Client, without requiring a receipt confirmation from the Client. The general Terms and Conditions of sale will form the basis of the Contract thus concluded. The Seller does not at any time consider an unconfirmed order as having the value of a Contract.

4.Online Sales Policy

Access to place an Order is allowed for any User over the age of 18. Sales to minors over the age of 14 is permitted under supervision of their guardian/parent. For justified reasons, Hotinnailz.com reserves the right to restrict the Client/User's access to place an Order and/or to some of the accepted payment methods if it considers that, based on the Client/User's conduct or activity on the Site, their actions could somehow harm Hotinnailz.com or its operator. In any of these cases, the Client/User can contact contact@hotinnailz.com to be informed about the reasons that led to the application of the aforementioned measures.
Communication with Hotinnailz.com can be done through interaction with the Site, using the integrated chat feature or communication through the addresses mentioned in the "Contact" section. Opinions or addresses containing insults or inappropriate language will be excluded from the site or ignored. The Seller has the freedom to manage the information received without having to provide justifications for this.
The information presented on Hotinnailz.com is informative and can be modified by the Seller without prior notice. Also, for reasons related to space and the coherence of the information structure, Product descriptions may be incomplete, but the Seller makes efforts to present the most relevant information for the optimal purchase and use of the Product.
In the case of unusually high traffic from an internet network, Hotinnailz.com reserves the right to request users to manually enter captcha validation codes to protect the information on the Site.

5.User Registration

To create an account on the Hotinnailz.com Site, the User is required to use a valid email address. Hotinnailz.com may refuse the registration request in situations where it is found that non-conforming information has been used or that the Site's services are being used in a manner inconsistent with normal usage.

6.Product Prices. Payment Methods

All Product prices are expressed in Romanian Lei (RON) and are valid at the time of ordering. Prices do not include VAT, as HOTINNAILZ S.R.L. is not a VAT-paying company. Prices do not include green stamp duty or shipping fees, any such additional tax or cost being displayed separately before completing the Order. Hotinnailz.com may change prices without prior notice, and these changes will be displayed on the Site.
Hotinnailz.com will issue an invoice to the Client for the delivered Products, and the Client is obliged to provide all necessary information for issuing the invoice in accordance with the applicable legislation. Payment for Products can be made using the following methods:

Online by card,

through the online payment processor provided by Shopify, which ensures the security of financial transfers and personal data;

Bank transfer,

only after the Order and payment method have been confirmed by a Hotinnailz.com operator. After placing the Order using this payment method, the Client will be contacted as soon as possible for confirmation and to establish the transfer details. Product delivery will occur after the amount representing the total of the proforma invoice issued by Hotinnailz.com for the ordered Products has been credited to the account.

7. Personalized Products

Made to Order. Within two business days as of the date where the Client ordered a Made to Order press-on nail set (i.e., handmade set, designed based on Client’s measurements) (“Made to Order”), Hotinnailz.com will (i) provide the Client with a confirmation that production of the set has begun or (ii) inform the Client that the requested design cannot be executed, case in which the Parties will agree upon the modifications for an updated design. The design requested by the Client (for the case listed in (i)), respectively, the updated design as agreed upon between the Parties (for the case listed in (ii)), shall be deemed to represent the final design.
Advanced Nail Art, Freestyle Nail Art, Theme Nail Art. In regards to the Products listed by Hotinnailz.com under the names Advanced Nail Art, Freestyle Nail Art and Theme Nail Art (or any future name utilized for the same Products), within an additional two business days after the proposed design has been confirmed by Hotinnailz.com/the final design has been agreed upon between the Parties, following the procedure listed under Section “Made to Order” above, Hotinnailz.com will revert with a sketch for the design (i.e., a colorless line drawing and an image with reference pictures associated with each nail). After receipt of such sketch, the Client may only request one 1 (one) modification session, following which an updated sketch will be prepared, which shall represent the final design.
General provisions for Personalized Products. The proper performance of the obligations of Hotinnailz.com arising from the Client Order shall be analyzed only in relation to the final design (as described above under Sections “Made to Order” and “Advanced Nail Art, Freestyle Nail Art, Theme Nail Art” above).
While Hotinnailz.com shall make all endeavors to ensure that the Personalized Product completely and accurately reflects the final design, please note that, when translating an idea into a Product, there might be unforeseen physical limitations. Although the Product will always reflect the final design at least in proportion of 90%, colors may differ slightly and small adjustments may be made in order to accommodate the design onto the nail shape.
Hotinnailz.com shall have the right to refuse production of offensive, inappropriate, derogatory or discriminatory designs proposed by the Client, in which case Hotinnailz.com shall reimburse the Product’s price to the Client, using the same payment method.
The Client benefits of the right to request 1 (one) set of amendments for all Personalized Products sold by Hotinnailz.com, which may only be exercised within 2 (two) business days as of the Order placement, through an e-mail to store@hotinnailz.com, with the subject Modify set -customer name-, where -customer name- stands for the name of the Client who placed the order for the Product.
The production term for all Personalized Products shall be of 3 (three) weeks as of the date of issuance of the final design (as described above under Sections “Made to Order” and “Advanced Nail Art, Freestyle Nail Art, Theme Nail Art” above).
Hotinnailz.com shall provide the Client with photos of the Personalized Product, after its production has been finalized, by one of the agreed means of communication, and the set shall be sent to the Client according to the delivery procedure in section 8 below.

8. Delivery Information

Ordered products will be delivered by post anywhere in Europe and courier anywhere in Romania and other European countries. The delivery fee is 20 RON for national destinations within the courier company's network, and the approximate delivery time will be communicated by Hotinnailz.com operators at the time of Order confirmation, without exceeding 30 days as of Order confirmation or another time period agreed upon by the Seller and Client. For locations outside the courier company's network, the Client will be contacted by a Hotinnailz.com operator to communicate the additional shipping fee and to reconfirm the Order under the new conditions.
The courier is not an employee of Hotinnailz.com and is not authorized to unseal the package.
Upon request from Hotinnailz.com or the courier, the Client will provide proof of identity, if necessary, through one or more documents issued by official authorities and will communicate the Order number assigned by the Seller.
If the Client is unable to personally receive the Order, it will be left at the specified address only to a person over 18 years old and only if the Order number is communicated to the courier.
In the case of delivery to the Client's workplace, where the courier cannot access the location, the Client must ensure they can receive the Order.
No delivery request for an Order can be honored if the Client does not meet the above conditions.
The Client may opt for a different delivery method, up to the moment of receipt of the photos of the Personalized Product (as described in Section 6 above), provided that the cost of the updated delivery method does not exceed the cost of the method initially selected by the Client. The value of the above-mentioned costs is determined by Hotinnailz.com on the basis of the agreements concluded with its logistics partners.
Delivery is considered fulfilled by Hotinnailz.com at the moment the ordered Products are handed over to the Client at the address selected at the time of placing the Order. Handover is understood as the signing of the receipt document provided by the courier.

9. Product Returns

According to GEO 34/2014, Products purchased from Hotinnailz.com can be returned without citing a specific reason within 14 calendar days from the date of purchase, except for Products which have been manufactured according to the Client’s specifications (including measurements) or which have been clearly personalized.
By exception to the Client’s withdrawal right, under art. 16 let. e) of GEO 34/2014, unsealed press on manicure sets and opened nail care products are not eligible for return. This policy is in place to ensure that all our Products meet the highest standards of hygiene and to prevent any potential health risks associated with used Products. In addition, these Products cannot be (completely) disinfected and/or will be destroyed in the process of attempting to disinfect them in order to allow for safe reselling.
Products purchased from the Hotinnailz.com headquarters/other locations, if the case, or from fairs do not benefit from the 14-day return policy, as they could be inspected before purchase and do not constitute distance commerce.

To return a Product, the Client is asked to follow these steps:

The Client will use the Return Form to submit the return request.
If the Client receives confirmation that they meet the return conditions, they will be asked to send the Products, along with a copy of the invoice or fiscal receipt, through a courier company without cash on delivery to the address indicated in the response received or deliver them directly to the Hotinnailz.com headquarters – Ion Mihalache Boulevard no. 109 Block 13 A, Staircase B, floor 1, apartment 56, Room 1, Sector 1, Bucharest, Romania, after calling in advance to check the operating hours of the headquarters.
In the case of return via courier, shipping costs will be fully borne by the Client, and Hotinnailz.com cannot be held responsible for product damage during delivery or for package loss. To avoid potential issues, the Client is asked to carefully pack the Products and insure the package contents for their full value. It is recommended to ship the package using the same courier company that Hotinnailz.com uses.
Additionally, for return via courier, the Client is asked to note the return request number communicated by Hotinnailz.com on the transport document (AWB) and then send the AWB number and the courier company used to send the Products to the email address contact@hotinnailz.com. Packages that do not have the return request number on the AWB, those for which Hotinnailz.com representatives were not notified about being sent, and those sent with cash on delivery (COD) will not be accepted!
After the Products have arrived at Hotinnailz.com's headquarters and have been verified, the Client will be contacted regarding the completion of the return procedure.
Hotinnailz.com will refund the Product's value within a maximum of 14 (fourteen) calendar days from the date the Client informs about their decision to withdraw from the Contract and the acceptance of the return. Hotinnailz.com may delay the refund until the sold Product is received. The money for the returned Products will be refunded after verifying the Products and agreeing on the refund method or according to legal procedures.
The returned Product must be in the same condition as it was delivered. The Client will be responsible for the costs resulting from any degradation or signs of use that occurred to the Product while in the Client's possession.

10. Warranty

Clients of Hotinnailz.com benefit from all the rights provided by the current legislation – GEO 140/2021 and the GEO 21/1992.The Seller's liability is assumed in accordance with the provisions of Articles 9-15 of GEO 140/2021 and in accordance with Article 10, 12, 13, and 17 of GO 21/1992 . The reimbursement of the Product's value is made under the conditions of Article 14 of GEO140/2021, as well as Articles 14 and 15 of GO 21/1992, republished.It is recommended to keepthe receipt or the fiscal invoice for any complaints regarding the purchased Products, which can be made during the warranty period. Complaints should be sent to the email address contact@hotinnailz.com and should include the identifying details of the Client making the complaint, an explanatory text, evidence photos of the unsatisfactory Product (if applicable), a copy of the proof of purchase (invoice or receipt), as well as contact details (phone number, email address, order number, etc.). The maximum time for resolving complaints is 14calendar days. The warranty offered by Hotinnailz.com varies depending on the product category.

11. Product Safety Information

All Products sold by Hotinnailz.com (press on manicure sets, accessories, art products, various products, etc.) are intended exclusively for wearing, display, or collection by adults, depending on the Product. Certain manicure sets, depending on the preferences/ specifications of the Client, may have sharper edges and require care when wearing.
All Hotinnailz.com Products are not toys. Some Products are small and can be swallowed by children, have sharper edges, or are fragile. It is recommended that Hotinnailz.com Products be used by minors over the age of 14 only under the close supervision of adults to avoid any injury to the child or damage to the Product.
Hotinnailz.com does not assume responsibility for any material damage suffered by the Client or any third party through the use or mere possession of any Product sold by Hotinnailz.com.

12. Disclaimer of Liability

Hotinnailz.com does not guarantee that the Site, the servers on which it is hosted, or the emails sent are free of viruses or other potentially harmful computer components, nor that they are free of errors, omissions, malfunctions, delays, or interruptions in operation or transmission, line drops, or any other similar factors. The User/Client uses the Site at their own risk, and Hotinnailz.com is free of any liability for any direct or indirect damages caused by the use or access/visit to the Site or as a result of using the information on the Site. Hotinnailz.com strives to ensure that all information on the Site is as accurate as possible, but cannot assume responsibility for errors or omissions that may occur in the drafting or presentation of articles, materials, and/or Products and/or Services on the Site, or for any direct or indirect damages caused by them.
Hotinnailz.com reserves the right to cancel Orders for Products and/or Services for objective reasons (products with incorrect descriptions, prices, or stocks, unreceived orders, etc.).
Any links to other sites are provided solely to enhance the accessibility of information, and Hotinnailz.com does not assume any responsibility or liability for the content of these sites, for the products or services promoted or sold through these sites.
The names and descriptions of Products on the Hotinnailz.com Site are based on the specifications provided by the original merchants from whom they were purchased (international merchants, in the case of nail glue and adhesive tabs). Hotinnailz.com strives to ensure that all names and descriptions of Products on the Site are as accurate as possible.

13. Privacy Policy

Please read our Privacy Policy. (https://hotinnailz.com/pages/confidentiality-policy)

14. Processing of Personal Data

Please read our GDPR Policy. (https://hotinnailz.com/pages/gdpr)

15. Intellectual Rights

Please read our Intellectual Rights policy. (https://hotinnailz.com/pages/intellectual-rights)

16. Force Majeure

Any unforeseen and unavoidable event that occurs after the conclusion of a Contract and which objectively prevents, totally or partially, the fulfillment of contractual obligations will be considered a force majeure event. Neither party to the contract can be held liable for the non-fulfillment (total/partial) or delayed fulfillment of its obligations if they were caused by force majeure.
The parties will immediately inform each other of the force majeure event and will take all necessary measures to limit the consequences of the event.
If the force majeure event does not cease within 15 days, the parties have the right to unilaterally terminate the Contract without claiming damages.
Force majeure will be proven according to the law.

17. Conflict Resolution. Applicable Law

This Terms and Conditions serves as a contract between the User/Client and the Seller and shall be governed and construed in accordance with Romanian law. Any conflict arising between the User/Client and the Seller shall be resolved amicably. If this is not possible, the first recourse for resolution shall be mediation, under Romanian law or according to the procedure regulated by Government Ordinance No 38/2015 on alternative dispute resolution between consumers and traders, and if the above fail, Romanian courts shall be sought.

18. Updating of Terms and Conditions

Hotinnailz.com reserves the right to update the Terms and Conditions at any time. It is the duty of the User/Client to regularly refer to the Terms and Conditions of Hotinnailz.com.