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Your Rights and Obligations
This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.
These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
By placing an order for products or services from this website, you accept and are bound by these terms and conditions.
You may not order or obtain products or services from this website if you (a) do not agree to these terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with Doonails, Inc., or (c) are prohibited from accessing or using this website or any of this website’s contents, goods, or services by applicable law.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through https://us.doonails.com (the "Site"). These Terms are subject to change by DOONAILS, Inc. (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of our Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.
Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between DOONAILS, Inc. and you will not take place unless and until you have received your order confirmation email.
Prices and Payment Terms.
All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, Google Pay, Apple Pay, PayPal, Amex, Braintree, and Stripe for all purchases. You represent and warrant that (i) the credit card information you supply to us 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 honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
We will collect applicable sales tax on products shipped to the state for which we determine we have a duty to collect sales tax. You are responsible for payment of any sales tax required.
Subscriptions and Automatic Renewals. Certain products may be offered on a subscription basis (“Subscription”). By purchasing a Subscription, you agree to the following terms:
Automatic Renewal and Recurring Charges. Your Subscription will automatically renew at the end of each billing cycle unless and until you cancel. You authorize DOONAILS, Inc. to charge your selected payment method on a recurring basis for the applicable subscription fee, including any applicable taxes and shipping charges, at the billing frequency disclosed at the time of purchase.
Billing Frequency and Subscription Term. The Subscription term and billing interval (e.g., monthly, seasonal, annual, or otherwise) will be disclosed at the time you enroll. Some Subscriptions may be offered for a fixed term, while others may continue until canceled.
Managing Your Subscription. If your Subscription allows product selection (for example, choosing colors or designs), you may update your selections through your customer account up until the cutoff date shown in your account prior to the next scheduled order. If you do not make a selection by the cutoff date, we may ship your most recently selected configuration.
Cancellation. You may cancel your Subscription at any time through your customer account or by contacting us at support@doonails.com. To avoid being charged for the next billing cycle, cancellation must be completed before the cutoff date indicated in your account prior to the next scheduled billing date. If cancellation is made after the cutoff date, it will apply to the following billing cycle.
Termination for Cause. Nothing in these Terms limits either party’s right to terminate for cause where permitted by applicable law.
Payment Failure. If a recurring charge is declined or cannot be processed for any reason, we reserve the right to suspend or cancel your Subscription until payment is successfully processed.
Refunds and Money-Back Guarantee. Our 30-day money-back guarantee applies only to regular one-time purchases unless otherwise expressly stated. Subscription orders are not eligible for the 30-day money-back guarantee. Subscription orders may still qualify for returns or refunds only as described in our Refund Policy, where applicable.
Shipments; Delivery; Title and Risk of Loss.
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase.
Title and risk of loss pass to you upon our transfer of the products to the carrier for shipment. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Returns and Refunds. Except for any products designated on the site as non-returnable, we will accept a return of the products for a refund of your purchase price plus original shipping and handling costs, provided such return is made within 30 days of delivery and provided such products are returned in their original condition. To return products, you must contact us at https://us.doonails.com/policies/refund-policy within 30 days of delivery and upload a photograph of the product so that we can assess its condition. No returns of any type will be accepted unless you follow these steps.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment.
Refunds are processed as quickly as possible following receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
For additional information regarding our return and refund procedure, please go to Refund Policy.
Gift Cards. Gift cards are issued electronically and delivered by email to the address provided at the time of purchase. Gift cards may be redeemed only for eligible purchases on the Site and may not be redeemed for cash, except as required by applicable law. Gift cards are non-refundable and may not be resold, transferred for value, or used for unauthorized commercial purposes. Gift cards do not expire and are not subject to maintenance or service fees unless otherwise required by applicable law. If a purchase made using a gift card is returned, any refund will be issued back to the original gift card balance to the extent permitted by law. We are not responsible for lost, stolen, or unauthorized use of gift cards. Treat gift cards like cash. DOONAILS, Inc. reserves the right to void gift cards or suspend accounts where we suspect fraud, misuse, or violation of these Terms.
Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, https://us.doonails.com/policies/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
Force Majeure. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; and (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within 5 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of 60 consecutive days following written notice given by it under this Section, either party may thereafter terminate this Agreement upon 10 days' written notice.
Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.
Dispute Resolution and Binding Arbitration.
You and DOONAILS are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.
Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) between you and DOONAILS, Inc., its owners, officers, directors, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase (collectively “DOONAILS”) arising from or relating in any way to your purchase of products or services through the Site, will be resolved exclusively and finally by binding arbitration.
The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Terms is void, voidable or otherwise invalid.
The arbitration shall be administered by JAMS in Wilmington, Delaware. Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal, family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the customer’s individual dispute or controversy.
You agree to arbitration on an individual basis. In any dispute, neither you nor DOONAILS shall be entitled to join or consolidate claims by or against other customers/users, or arbitrate or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
Payment for all filing, administration and arbitrator fees will be governed by the rules of the applicable arbitration administrator, provided, that DOONAILS will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. If you prevail on any claim that affords the prevailing party statutory attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. Information on JAMS and their applicable rules are available at the following numbers and URLs: (800) 352-5267, www.jamsadr.com.
If for any reason a claim proceeds in court rather than in arbitration each of you and DOONAILS waive any right to a jury trial. Moreover, each of you and DOONAILS both agree that either party may bring suit in court to enjoin infringement or misuse of intellectual property rights
Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of DOONAILS, Inc.
No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
Notices.
To You. We may provide any notice to you under these Terms 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.
To Us. To give us notice under these Terms, you must contact us as follows: (i) by email at support@doonails.com or (ii) by mail to DOONAILS, Inc., 1000 North West Street, Suite 1200, Wilmington, DE 19801. We may update the contact information for notices by posting a notice on the Site.
Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Entire Agreement. These Terms, our Website Terms of Use, our Privacy Policy, and our Refund Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
