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Terms and conditions

This is an important section explaining the terms and conditions you are agreeing to when you use and shop at https://www.nail-er.com.

General

Nail ER+ is a product sold by NovaBiotics Consumer Health Ltd (NCH).

US customers will be directed to purchase via www.nail-er.com. All other customers can purchase at www.nail-er.co.uk.

NCH does not represent that any product referred to in the materials on this website is appropriate for use, or available, in other locations. Those who choose to access this site from locations outside of the UK are responsible for compliance with local laws if and to the extent local laws are applicable. Nail ER+ is not for resale. Any contract between us, whether for use of the site or in relation to purchase of products through the site, will be governed by the laws of England and Wales and all parties submit to the non-exclusive jurisdiction of the English Courts. Any contract will be communicated in English.

We have taken every care in the preparation of the content of this website. However, we cannot guarantee uninterrupted and totally reliable access to this website, and so therefore cannot guarantee that the information will always be completely up to date and free of mistakes. To the maximum extent permitted by applicable law, NCH disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website and will accept no liability for any loss or damage arising as a result of problems with access. NCH shall not be liable (to the maximum extent permitted by applicable law) to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website. These terms and conditions shall be governed by and construed in accordance with English law. If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. NCH reserves the right to alter these terms and conditions from time to time by posting new terms and conditions on this website.

All brand names, product and service names and titles and copyrights used in this site are trademarks, trade names, service marks or copyrights of their respective holders. No permission is given by NCH for their use by any person other than the said holders, and such use may constitute an infringement of the holders' rights. All designs, text, graphics and their selection and arrangement on this website are the copyright of their respective holder and licenced to NCH, or are the copyright of NCH's content providers. Permission is granted to users to electronically copy or print portions of this site for their own personal, non-commercial use. Any other use of materials on this site without NCH's prior written consent is strictly prohibited.

Acceptance of orders

Working with industry-leading secure payment processors, we validate your order and the payment details you submit to us before your order can be accepted. Once that has been done, we will acknowledge that your order has been received by sending an email to the email address you provide in your registration form. Your order is then subject to further validation checks we may choose to make. If your order passes our validation checks we will send you an order confirmation email; this is our acceptance of your order and, once despatched, brings into existence a legally binding agreement between us. We accept payment by most major credit or debit cards and PayPal. Payment will be debited from your account when you place your order.

NCH reserves the right to restrict the number of items available for sale to any individual customer. All orders are subject to availability. If any items are not available and you paid using a debit/credit card or PayPal you will not be charged for the cancelled items. All orders are subject to validation checks and authorisation by the card issuer. We may submit your order to a third-party fraud screening provider that securely reviews orders on behalf of NCH to eliminate fraud and safeguard our customers' transactions. We may also submit your address, date of birth and the value of your order to Experian Ltd. We will not be liable for any delays to your order that this may cause. This information may be retained by Experian Ltd for future validation enquiries by other companies. For more details of the information Experian Ltd hold about you, visit https://www.experian.co.uk/. If the issuer of your payment refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

Tinexyl Nail ER and the Tinexyl Nail ER e-commerce website are solely for individual consumers, and not for commercial use. Maximum order levels may apply and this may vary from time to time as will be detailed on the website, and as may be required to protect stock availability so that as many of our customers as possible are able to buy the product.

Offers and promotional codes

  • If you have a promotional code, you need to enter this into the box on the Checkout page.
  • Promotional codes can be used only once per customer as defined by their email address and/or credit card address and/or delivery address.
  • Only one promotional code can be used per transaction.
  • Please note that promotional codes may have an expiry date, after which they are not redeemable.
  • Promotional codes remain the property of NCH, are non-transferable and may not be reproduced in any form.
  • We reserve the right to withdraw offers at any time.

General offer terms and conditions

  • All offers are subject to availability.
  • Availability while stocks last.
  • NCH reserves the right to limit certain offers to one order per customer as defined by their email address and/or credit card address and/or delivery address.
  • Offers are non-transferable.
  • NCH reserves the right to withdraw our offers without notice.

Ratings and reviews

By submitting any content to NCH you represent and warrant that:

  • you are the sole author and owner of the intellectual property rights thereto;
  • all 'moral rights' that you may have in such content have been voluntarily waived by you;
  • all content that you post is accurate;
  • you are at least 18 years old; and that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

  • that is known by you to be false, inaccurate or misleading;
  • that is pornographic;
  • that incites violence;
  • that contains nudity or graphic or gratuitous violence;
  • that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • for which you were compensated or granted any consideration by any third party;
  • that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
  • that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold NCH (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant NCH a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at NCH's sole discretion. NCH reserves the right to change, condense or delete any content on its website that NCH deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms and Conditions. NCH does not guarantee that you will have any recourse through https://www.nail-er.com to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four working days. However, NCH reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not NCH, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of NCH, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

By submitting your email address in connection with your rating and review, you agree that NCH may use your email address to contact you about the status of your review and other administrative purposes. NCH does not allow the contents of ratings and reviews and product question and answer comments to be used by third-party suppliers without our prior consent. For enquiries, please contact [email protected].

Unacceptable ratings and reviews content

The following is not acceptable on this site (these are not exclusive):

  • Named prescription-only medicines, e.g. brand names like Lamisil;
  • Inappropriate or unsafe medical advice, including reference to inappropriate use of a medicine or medical device;
  • Disparaging reference to a healthcare product, company, institution or medical profession;
  • Reference to inappropriate use of a vitamin, mineral, supplement or other complementary healthcare product;
  • Reference to a named healthcare professional;
  • Medicinal claims made about a product which is not a medicine;
  • Excessive praise for a medicine likely to encourage others to over-use;
  • Messages which, in the moderator's view, contain vulgar, offensive, sexually orientated, racist or abusive language;
  • Messages which appear to be blatant advertisements;
  • Messages which cause offence or distress to anyone reading them (including where users have reported abuse on a post and our moderation team uphold the abuse report);
  • Messages which contain personal details such as email address, postal address or telephone number;
  • Messages which contain price information which is misleading;
  • Messages which are posted with a username or profile image that could be deemed offensive;
  • We will not be able to post messages in any language other than English.

If users do not adhere to these guidelines, we may delete their posts. NCH reserves the right to delete any message or rating and review displayed on www.nail-er.com at any time, for any reason without notice.