Terms and Conditions

Effective date: December 26, 2021

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING TO ORDER PRODUCTS ONLINE FROM WWW.QRDNAILS.COM. PLEASE NOTE THAT THESE TERMS AND CONDITIONS INCLUDE THE ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. If you think there is an error in these terms, please contact us here.

These Terms and Conditions govern how we supply products to you. These Terms and Conditions form a legally binding agreement between you and QRD Nails regarding orders placed for products available on www.qrdnails.com and its online store hosted by Shopify Inc.

We reserve the right to revise these Terms and Conditions without prior notice by posting revised Terms and Conditions on the site. The Terms and Conditions posted on www.qrdnails.com at the time you place your order will govern that purchase. Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order. QRD Nails Terms and Conditions are incorporated herein by this reference. Please also refer to our Privacy Policy for information on how we collect, use, and disclose your information. 

CONTENTS

  1. TERMS AND DEFINITIONS

1.1 By placing an order, you acknowledge that you are bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, please do not place an order.

1.2 IMPORTANT NOTE: Your attention is particularly drawn to Section 11 (PRICE AND PAYMENT), and Section 13 (DISCLAIMER AND LIMITATION OF LIABILITY). These provisions limit our liability to you and affect how disputes are resolved.

  1. WHO ARE WE?

2.1 QRD Nails is a company based in Ultimo, New South Wales, Australia.

  1. HOW TO CONTACT US?

3.1 You can contact us by emailing our team at hello@qrdnails.com or by writing to us at Suite 1098, 1/44 Mountain Street, Ultimo NSW 2008

  1. YOUR INFORMATION

4.1 You confirm that any personal data you provide when you place an order is true, accurate, current, and complete. We will only use your personal data as per our Privacy Policy.

4.2 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

  1. YOUR ORDER

5.1 To place an order for products on the website, click the ‘pay now’ button at the end of the checkout process. You will be guided through the process of placing an order on the website.

5.2 At the checkout you will be given the opportunity to review your order and make any changes prior to placing an order.

5.3 You will receive an order confirmation email containing the item(s) you have ordered. This email does not constitute our acceptance of your order. Order acceptance will take place upon the dispatch of your order. 

5.4 If we are unable to accept your order, we will inform you of this via email and will not charge you for the product. If we have taken payment prior to the non-acceptance of your order, we will provide you with a refund, please note that it can take several days for the bank to complete the transfer of funds to you. Non-acceptance of an order may be because:

(a) the product is out of stock;

(b) we were unable to authorize your payment or your billing information is not verifiable;

(c) because of unexpected limits on our resources which we could not reasonably plan for;

(d) an error in the price or description of the product;

(e) in our sole discretion, the order appears to be placed by dealers, resellers, or distributors or otherwise appears fraudulent;

(f) your order is flagged by our security systems as an unusual order or an order susceptible to fraud;

(g) we could not deliver to the address provided by you; or

(h) due to an event outside of our control (see below).

5.5 An order number will be assigned to your order. You will find this order number in your confirmation email. It will assist us if you reference the order number whenever you contact us regarding your order. 

5.6 The transaction will be concluded in English

  1. CHANGING YOUR ORDER

6.1 Once your order has been dispatched, we will be unable to change the details of your order (such as the delivery address, product type, or quantity). For more information regarding our fulfillment process, please contact our team at hello@qrdnails.com. 

6.2 For unwanted products, you will need to follow our Returns Policy and if you would like to add products to an order, you will need to place a new order.

  1. OUR PRODUCTS

7.1 All orders are subject to acceptance and availability. 

7.2 Each product purchased is sold subject to its product description. We will take all reasonable care to ensure that all details, descriptions, and prices of products appearing on the website are correct, however, we cannot guarantee the website’s accuracy and we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

7.3 The images of the products on our website are for illustrative purposes only. Your product and its packaging may vary slightly from its advertised images on the website, as a result of your device’s display of colour.

7.4 If you have any questions or complaints about any product, please contact our team at hello@qrdnails.com

  1. DELIVERY

8.1 At this time, we are only shipping within Australia.

8.2 Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in delivery. If we are unable to deliver products within thirty (30) days of a completed order, we may ask for your consent to a delay in delivery. If we do not receive a response from you, we will cancel your order and provide a refund, including shipping fees, within seven (7) business days.

8.3 It is your responsibility to provide us with complete and accurate delivery address details. We will not be liable for any losses f you supply us with incomplete or inaccurate information.

8.4 You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. The costs of delivery will be as displayed to you on our website before you finalise your order, please check these carefully, you consent to this charge when you submit your order.

8.5 When your product has been shipped, we will send you a dispatch confirmation email. Please note that your package may require a signature upon delivery. 

8.6 A product will be your responsibility from the time our delivery partner confirms delivery to the address you gave us. The risk of loss and title for products purchased passes to you upon this delivery confirmation.

  1. OUR ONLINE STORE

9.1 Our store is hosted on Shopify Inc. It provides us with an online e-commerce platform that allows us to sell our products to you. Shopify will process your order request and your payment, please see Section 12 below for more information regarding payments. By submitting your order, you agree to Shopify processing your order.

9.2 Your data is stored through Shopify’s data storage, databases, and the general Shopify application. Your data will be stored on a secure server behind a firewall. For more information, please see our Privacy Policy You should also read Shopify’s Privacy Statement (https://www.shopify.com/legal/privacy).

  1. DISCOUNT CODES

10.1 Only one discount code may be used for each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.

10.2 Discount codes and other offer promotions are subject to the Terms and Conditions, these Terms and Conditions, and any additional terms and conditions specific to the promotion offer. If there is a conflict between the terms for a promotion and these Terms and Conditions, the promotion terms will govern.

  1. PRICE & PAYMENT

11.1 The price of the product will be the price indicated on the email acknowledgment sent by us on the completion of your order online. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced online.

11.2 Product prices shown on the website are in Australian Dollars (AUD) and are valid and effective only in Australia. Product prices shown on the website may change from time to time. Such prices do not include shipping and handling costs however do include GST. You are responsible for any state and local sales or use taxes that may apply to your order, which will be added to your total invoice price during the checkout process.

11.3 If you choose to pay using a payment card with a currency denominated account that is different from the currency of your order, additional charges, and foreign exchange differences may apply. These charges and exchange rates applied are beyond our control.

11.4 You can find the available payment methods during the checkout process. We accept payment with Visa, Mastercard, American Express, PayPal, Apple Pay, Google Pay, and Shop Pay. Credit card payments, including recurring charges, are handled through third-party payment processors. These third-party payment processors will collect and retain your credit card information in order to process your payment. For more information, please review our Privacy Policy.

11.5 If you choose a direct payment gateway to complete your purchase, then Shopify Inc. stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

11.6 Full payment is due upon order placement, and you will be charged when you press the 'Pay Now’ button at the end of the checkout process.

11.7 By placing your order and making an offer to buy a product, you authorize us and Shopify Inc. to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports e.g., in order to authenticate your identity.

11.8 You represent and warrant that (i) the credit card information you supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the website at the time of your order.

  1. PRODUCT RESTRICTIONS

12.1 There may be instances where due to restrictions (legal or otherwise) or practices in relation to a product, we are prevented from being able to deliver it to you. We shall not be held liable in relation to any product that we are unable to sell or deliver to you as a result of such restrictions. If a restriction is enforced after you have placed your order with us, we will do our utmost to notify you as soon as reasonably practicable. 

  1. DISCLAIMER AND LIMITATION OF LIABILITY

13.1 ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

13.2 IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

13.3 THE ADVICE ON OUR WEBSITE IS NOT TO BE TAKEN AS PROFESSIONAL MEDICAL ADVICE. THE WEBSITE IS SOLELY AN ONLINE STORE FOR THE DISTRIBUTION AND SALE OF MANICURE, NAIL, AND COSMETIC PRODUCTS. WE STRONGLY RECOMMEND THAT YOU CONSULT YOUR MEDICAL PRACTIONER OR DERMATOLOGIST PRIOR TO USE OF ANY OF THE PRODUCTS TO DETERMINE IF THEY ARE SUITABLE FOR YOU. IF YOU ARE IN NEED OF URGENT MEDICAL ATTENTION, CALL TRIPLE ZERO (000) OR YOUR PHYSICIAN IMMEDIATELY.

13.4 GUIDELINES MUST BE FOLLOWED FOR THE USE OF EACH PRODUCT. GUIDELINES CAN BE FOUND ON OUR WEBSITE AND ON THE PACKAGING OF YOUR PRODUCT. YOUR GP, HEALTHCARE PRACTIONER, OR DERMATOLOGIST SHOULD BE CONSULTED IF YOU HAVE ANY MEDICAL CONCERNS WHICH NEED TO BE ADDRESSED. WE MAKE NO GUARANTEES ABOUT THE RESULTS OF YOUR USE OF THE PRODUCTS RESULTS MAY VARY FOR EACH PERSON. 

13.5. THE REVIEWS AND TESTIMONIALS PUBLISHED ON OUR WEBSITE ABOUT OUR PRODUCTS ARE THE OPINIONS OF THE AUTHORS ONLY AND ARE NOT TO BE TAKEN AS MEDICAL ADVICE OR SCIENTIFIC FACTS.

13.6 OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.

13.7 The limitation of liability set forth above shall only apply to the extent permitted by law.

  1. DELAY AND EVENTS BEYOND OUR CONTROL

14.1 We will not be responsible to you for any delay or failure to comply with our obligations under these terms and conditions if the delay or failure arises from any cause beyond our reasonable control. If our supply of the products is delayed by an event outside our control, then we will contact you to let you know. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. Nothing in this Section 15 limits your statutory rights or rights under Section 8.2.

  1. AGE RESTRICTIONS

15.1 By placing an order for a product, you represent that you are at least the age of majority in your country, state, or province of residence.

  1. SEVERANCE

16.1 If any part of the Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions of the terms.

  1. WAIVER

17.1 No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

  1. ENTIRE AGREEMENT

18.1 These Terms and Conditions (including any incorporated terms or policies) constitute the entire agreement between you and QRD Nails with respect to your transaction for the purchase of products.

  1. LAW AND JURISDICTION

19.1 These Terms and Conditions, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with Australian law in the state of New South Wales, without giving effect to any choice or conflict of law provision or rule (whether of New South Wales or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of New South Wales.

The state and federal court sitting in Sydney, New South Wales shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms and Conditions,

  1. THIRD PARTIES

20.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any right to enforce any of its terms.

  1. AMENDMENT

21.1 We reserve the right to change these terms and conditions from time to time but any changes will not apply to any orders placed prior to the change being made.

  1. NOTICES

22.1 We may provide any notice to you under these Terms and Conditions by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

22.2 Other than as specifically provided in these Terms, to give us notice under these Terms and Conditions, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to QRD Nails via Suite 1098,1/44 Mountain St, Ultimo NSW 2007 We may update the address for notices to us by posting a notice on the site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.