Terms of Service
Table of contents
- Introduction and definitions
- Eligibility
- Orders and order acceptance
- Pricing and taxes
- Payment
- Shipping
- Returns and refunds
- Product information and disclaimers
- Limited warranty
- Customer content
- Prohibited use
- Suspension and refusal of service
- Warranty disclaimer
- Limitation of liability
- Indemnification
- Changes to terms
- Governing law and dispute resolution
- Contact
1. Introduction and definitions
These Terms of Service (the “Terms”) govern your access to and purchase of products through Nail Pop, an online direct-to-consumer brand available at popnail.co (the “Service”). The Service is operated by NOVIANTIS INC, a Florida Profit Corporation registered with the Florida Division of Corporations under document number P25000046433, with its principal place of business at 8400 NW 36th Street, Suite 450, Doral, FL 33166, USA (“Noviantis”, “we”, “our”).
Any individual accessing the Service or placing an order is referred to as “Customer”, “you”, or “your”. By accessing the Service or placing an order, you acknowledge that you have read, understood, and agreed to these Terms in full. If you do not agree, you must immediately stop using the Service.
These Terms, together with the Privacy Policy, Refund Policy, Shipping Policy, and Legal Notice, constitute the entire agreement between you and Noviantis.
2. Eligibility
To place an order, you must be at least 18 years old (or the age of majority in your jurisdiction of residence) and have the legal capacity to enter into a binding contract. You must not be subject to any sanctions or restrictions prohibiting purchase of the products.
The Service is currently available only to customers with a shipping address in the contiguous United States (lower 48 states). Orders to other destinations cannot be accepted at this time.
3. Orders and order acceptance
All orders placed through popnail.co constitute an offer to purchase. We reserve the right to accept or decline any order at our discretion, for any reason including but not limited to suspected fraud, payment failure, product availability, shipping restrictions, or pricing errors.
Your order is confirmed only when you receive an order confirmation email from hello@popnail.co. Until then, no contract exists between you and Noviantis. If we decline your order after authorization, we will void the authorization and any pending charges will be released by your card issuer (typical timing: 3 to 10 business days, depending on issuer).
4. Pricing and taxes
All prices on popnail.co are in U.S. dollars (USD) and exclude applicable sales tax. Sales tax is calculated at checkout based on your shipping address and the applicable state and local rates.
Promotion codes may not be combined unless explicitly stated. We reserve the right to modify or terminate promotions at any time without notice.
Pricing errors may occasionally occur. If we discover a material pricing error after you place an order, we will contact you and offer the choice to (a) proceed at the corrected price or (b) cancel the order with a full refund.
5. Payment
All payments are processed by Stripe Payments Inc., a licensed payment service provider. Nail Pop does not store full card data: only the Stripe customer reference and your order history are kept on our servers.
Accepted payment methods include Visa, Mastercard, American Express, Discover, and any other method enabled by Stripe at checkout. Payment is captured at order placement.
6. Shipping
Shipping terms are detailed in our Shipping Policy. In summary: free standard shipping within the contiguous United States, processing within 1 to 2 business days, transit time of 2 to 5 business days, tracking information emailed upon dispatch.
7. Returns and refunds
We offer a 30-day money-back guarantee. Full terms are in our Refund Policy.
8. Product information and disclaimers
We do our best to display product colors, dimensions, and features accurately. However, screen rendering of colors may vary across devices, and minor visual differences are not grounds for a return outside the standard 30-day money-back guarantee.
The Nail Pop nail printer is a consumer cosmetic device. It is not a medical device. If you have allergies or sensitivities to nail gel components, please consult a healthcare professional before use. Full ingredient lists are provided with each shipment.
9. Limited warranty
The Nail Pop nail printer is covered by a 12-month limited manufacturer warranty against defects in materials and workmanship under normal use. The warranty does not cover damage from misuse, accidents, unauthorized modifications, or normal wear and tear. To submit a warranty claim, email hello@popnail.co with your order number and a description of the issue.
Ink refills, gels, and other consumables are not covered by the limited warranty.
10. Customer content
If you submit reviews, photos, or other content to Nail Pop (by email, on our site, or via social media tagging), you grant Noviantis a worldwide, non-exclusive, royalty-free license to use, reproduce, and display that content for marketing, customer service, and product improvement purposes. You retain ownership of your content and may request its removal from our materials at any time by emailing hello@popnail.co.
You warrant that you hold all necessary rights in any content you submit and that it does not infringe third-party rights.
11. Prohibited use
You agree not to:
- Use the Service for any unlawful or fraudulent purpose.
- Resell Nail Pop products commercially without our prior written authorization.
- Reverse-engineer, decompile, or attempt to extract source code or proprietary information from the Service.
- Use bots, scrapers, or automated tools to interact with the Service in ways not intended for ordinary customers.
- Submit false, misleading, or defamatory content.
12. Suspension and refusal of service
Noviantis may suspend, cancel, or refuse any order or account at any time, with or without notice, in case of (a) suspected fraud or chargeback abuse, (b) violation of these Terms, (c) violation of applicable law, or (d) any other reasonable concern at our discretion. Refused orders are fully refunded.
13. Warranty disclaimer
Except for the express limited warranty in Section 9, the Service and products are provided “AS IS” and “AS AVAILABLE” to the maximum extent permitted by applicable law. Noviantis disclaims all express or implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOVIANTIS’S TOTAL CUMULATIVE LIABILITY TO YOU, FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR PRODUCTS, IS CAPPED AT THE TOTAL AMOUNT YOU ACTUALLY PAID TO NOVIANTIS DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IN NO EVENT SHALL NOVIANTIS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (LOST PROFITS, LOST DATA, LOST OPPORTUNITY, REPUTATION HARM), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION DOES NOT APPLY TO CASES OF WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR PERSONAL INJURY WHERE APPLICABLE LAW PROHIBITS SUCH EXCLUSION.
15. Indemnification
You agree to indemnify, defend, and hold harmless Noviantis, its officers, employees, and assigns, from and against any claim, loss, damage, liability, or expense (including reasonable defense costs) arising from (a) your misuse of the Service or products, (b) your breach of these Terms or any ancillary policy, (c) your violation of any third-party right, or (d) any content you submit.
16. Changes to terms
Noviantis may update these Terms at any time. Material changes will be notified on this page with an updated “Last updated” date and, for customers with an active marketing opt-in, by email at least 30 days before taking effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
17. Governing law and dispute resolution
Customers residing in the United States: these Terms are governed by the laws of the State of Florida, excluding its conflict-of-laws rules. Any dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, in Miami-Dade County, Florida. You waive any right to a jury trial and to participate in a class action, except where such waiver is unenforceable under applicable law.
Customers residing in the European Economic Area, the United Kingdom, or Switzerland: notwithstanding the above, the mandatory consumer protection rules of the law of your country of residence remain fully applicable. Disputes may be brought before the competent courts of your place of residence or place of contract conclusion. The European Commission’s online dispute resolution platform is available at ec.europa.eu/consumers/odr.
Nothing in these Terms shall be construed as a waiver of any mandatory consumer right.
18. Contact
For any question about these Terms, contact us at hello@popnail.co or by mail to: NOVIANTIS INC, 8400 NW 36th Street, Suite 450, Doral, FL 33166, USA.