Terms & Conditions
Thank you for accessing http://www.nail-snail.com. This website is operated by Christie & Christie® Pty Ltd (ABN 87 603 661 561) (“Christie & Christie®”). Throughout the site, the terms “we”, “us” and “our” refer to Christie & Christie®. Christie & Christie® offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms of Service carefully before accessing or using our website. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. If at any time you do not wish to accept the Terms of Service, then you may not access the website or use any services.
Our store is hosted on Square Space, Apple Pay, After Pay, Zip Pay & PayPal. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Note: By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, territory or province of residence, or that you are the age of majority in your state, territory or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
$50 GIFT CARD GIVEAWAY TERMS AND CONDITIONS
- The giveaway is in no way endorsed or administered by Instagram.
- Promotion is organised and administered by Christie & Christie® Pty Ltd.
- One Gift Card only of value $50 AUD will be provided and posted to the winner.
- Gift Cards options and winner's selection are to be available for purchase at the Banora Point Australia Post outlet.
- The gift card will be posted via Australia Post as a regular letter with no tracking. Tracking may be provided at an additional cost to the winner of $7 AUD. Local pick-up from the Christie & Christie Pty Ltd office in Banora Point, NSW can also be arranged.
- Please treat gift cards like cash as Christie & Christie take no responsibility for lost or stolen gift cards.
- We take no responsibility for any purchases made using the chosen gift card.
- This promotion is open to Australian residents only and will begin 1st of October, 2020 and will run until further notice. We reserve the right to end the promotion at any time. Should we wish to end it, we will amend our terms and conditions date with the end date, with no responsibility taken for any any flyers that may already be in circulation.
- There will be one winner only each calendar month.
- The winner will be chosen by the staff from Christie & Christie Pty Ltd.
- Entrants MUST 1) follow @nail_snail_baby on Instagram, 2) post a photo or video on Instagram using their Nail Snail®, c) tag @nail_snail_baby and use #forhappylittlenails to be eligible.
- The winner will be selected and announced on the 7th - 10th of each following month, who then has 14 days to contact us to claim their prize via Instagram DM or email or it will be forfeited.
Section 1 - Intellectual Property
The website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trade marks, service marks and other material is protected by copyright, trade mark and/or other proprietary rights. The content includes both content owned or controlled by Christie & Christie® and content owned or controlled by third parties and licensed to Christie & Christie®. All individual articles, reports, and other elements making up the website may be copyright works. You agree to abide by all additional copyright notices or restrictions contained in the website.
You may not use any Christie & Christie® owned trademarks or trade names for any illegal or unauthorised purpose and you acknowledge that you have no ownership rights in and to any of those names and marks.
Section 2 - Licence & Download Rights
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
You acquire no rights or licences in or to the website and/or the content other than the limited right to use the website in accordance with these Terms of Service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
Section 3 - Permissions
If you would like information about obtaining Christie & Christie® Pty Ltd's permission to use any of the content, or if you would like to link your website to this website, messages should be sent to us at via the website.
Section 4 - No Reliance
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
Section 5 - General Conditions of Sale
Products sold on the website are intended for the personal use of website users, and may not be used in relation to their professional activity.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include: orders placed by, or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Section 6 - Products
The Nail Snail® passes SGS International Safety Testing to the highest Australian and American Standards.
US CPSC: Physical and Mechanical Safety Tests
US CPSC 16 CFR 1500.48, US CPSC 16 CFR 1500.49 and US CPSC 16 CFR 1501 - no lead, no Phthalates and no toxic chemicals.
As specified in Consumer Product Safety Improvement Act (CPSIA) of 2008 section 103; tracking labels for children’s products.
The photographs of the products on the website are for illustration purposes only. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. However, variations may occur due to the technical limitations in reproducing colours using information technology. Consequently, we cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any offer for any product made on this site is void where prohibited.
Section 7 - Product Availability
Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
Section 8 - Accuracy of Billing & Account Information
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Section 9 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Section 10 - Third-Party Links
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 11 - Transmission, User Comments, Feedback & Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including patents, copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 12 - Privacy
Section 13 - Errors, Inaccuracies & Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 14 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 15 - Disclaimer Of Warranties
The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. Please note that some jurisdictions do not allow the exclusion of implied guarantees and warranties, so some or all of the above exclusions may not apply to you.
Section 16 - Limitation Of Liability
You expressly agree that your use of, or inability to use, the service is at your sole risk. If you are dissatisfied with the website, the Terms of Service, or any or the content, your sole remedy is to discontinue use of the website.
In no case shall Christie & Christie®, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
When using a Nail Snail® it's important to keep safety in mind. Children should be supervised by a competent adult at all times. Christie & Christie®, their agents, distributors & wholesalers disclaim any liability from any injury that may result from the use, proper or improper of a Nail Snail®.
Section 17 - Local Laws & Regulations
The website is not directed at any person in any jurisdiction where for any reason the publication or availability of the website is prohibited. Those in respect of whom such prohibitions apply must not access the website. Christie & Christie® does not represent that either the website or the content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
Section 18 - Indemnification
You agree to indemnify, defend and hold harmless Christie & Christie® and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the website, your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 19 - Severbility & Waiver
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Section 20 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 21 - Entire Agreement
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 22 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws.
Section 23 - Contact Information
Questions about the Terms of Service should be sent to us, via the website.