TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our website. If you continue to browse and use this website you agree to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern prettyndpressednails.com’s relationship with you concerning your use of this website.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to prettyndpressednails.com and “You” and “Your” refers to you, the client, visitor, website user, or person using our website.

You must be over 18 years of age to use this website and to purchase any goods or services.

AMENDMENT OF TERMS
We reserve the right to change, modify, add, or remove portions of these terms at any time. Please check these terms regularly before using our website to ensure you are aware of any changes. We will endeavor to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and prettyndpressednails.com’s rights and obligations to each other.

LIMITATION OF LIABILITY
It is an essential precondition to you using our website that you agree and accept that prettynpressednails.com is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes using or relying on any third-party content, links, comments, or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your responsibility to ensure that any products, services, or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

We will not engage in any form of anti-competitive behavior, including but not limited to:

  • Price Fixing: We will not enter into agreements with competitors to set or manipulate prices in a way that harms competition or consumers.
  • Market Allocation: We will not engage in agreements with competitors to divide or allocate markets in a manner that restricts competition.
  • Bid Rigging: We will refrain from any form of manipulation or collusion in the bidding process, including colluding with competitors to control the outcome of bids.

Monopolistic Practices

We are committed to promoting fair competition and will not engage in monopolistic practices or abuse a dominant market position to the detriment of competition and consumer choice. This includes practices such as predatory pricing, exclusive dealing, and refusal to deal with competitors or suppliers.

Unfair Trade Practices

We will not engage in any unfair trade practices that could harm consumers or competitors, including misleading advertising, false representations of goods or services, or fraudulent business practices.

Transparency and Disclosure

We are committed to clear and honest communication with consumers. All marketing materials, advertisements, and product or service descriptions will be truthful, accurate, and not misleading.

  • Pricing Transparency: We will provide clear and upfront pricing for all goods and services, including any potential additional charges or fees.
  • Terms and Conditions: We will ensure that any terms and conditions related to products, services, or transactions are disclosed to consumers before any commitment is made.

DELIVERY OF GOODS

Physical goods may be delivered by United States Postal Services and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with USPS or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of prettynpressednails.com.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

LINKS TO OTHER WEBSITES

Prettynpressednails.com may from time to time provide on its website, links to other websites, advertisements, and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, approval, or arrangement between prettynpressednails.com and the owners of those websites. prettynpressednails.com takes no responsibility for any of the content found on the linked websites.
Our website may contain information or advertisements provided by third parties for which prettynpressednails.com accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.


DISCLAIMER

To the fullest extent permitted by law, prettynpressednails.com absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. prettynpressednails.com gives no warranty that the documents, goods, or services will be free of errors, that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavor to have the most accurate, reliable, and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link, or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of prettynpressednails.com to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.


YOUR PRIVACY

At prettypressednails.com, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the governing of the State of Georgia. Please read our separate Privacy Policy carefully.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. prettynpressednails.com’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.


THIRD PARTIES

We do not and will not sell or deal with personal or customer information. We may however use it in a general sense without any reference to your name, or your information to create marketing statistics, identify user demands, and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.


DISCLOSURE OF INFORMATION


Prettynpressednails.com may be required, in certain circumstances, to disclose information in good faith and where prettyNpressednails.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.


EXCLUSION OF COMPETITORS


If you are in the business of creating similar documents, goods, or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of prettynpressednails.com. Prettynpressednails.com expressly excludes and does not permit you to use or access our website, download any documents or information from its website, or obtain any such documents or information through a third party. If you breach this term then prettynpressednails.com will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to our website, services, or information in our sole discretion.

COPYRIGHT, TRADEMARK, AND RESTRICTIONS OF USE


This website contains material which is owned by or licensed to us. This material includes but is not limited to, the design, layout, look, appearance, trademarks, and graphics. You are not permitted to reproduce the documents, information, or materials on the website for the purposes of sale or use by any third party. In particular, you are not permitted to republish, upload, transmit electronically, or otherwise distribute any of the materials, documents, or products that may be available for download from time to time on this website.
Prettynpressednails.com expressly reserves all copyright and trademark in all documents, information, and materials on our website, and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to local hard disk extracts for your personal and non-commercial use only, and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and prettynpressednails.com concerning your use and access to prettynpressednails.com’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS


Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.


GOVERNING LAW

This Agreement and all matters arising from or related to this Agreement shall be governed by, and construed in accordance with, the laws of the State of Georgia, without regard to its conflict of laws principles. All legal disputes related to this Agreement or any matter involving prettynpressednails@gmail.com shall be governed exclusively by the laws and statutes of the State of Georgia.

JURISDICTION

EXCLUSIVE JURISDICTION

For any legal actions, claims, disputes, or proceedings arising under this Agreement, the parties agree that the exclusive jurisdiction will lie in the courts of Cobb County, Georgia, or any appropriate federal court located within the Northern District of Georgia, United States.

  • State Court: In the event of a dispute, the parties agree that the State of Georgia courts, specifically those located in Fulton County, shall have exclusive jurisdiction to hear the case.
  • Federal Court: If applicable, the dispute may also be heard in the United States District Court for the Northern District of Georgia, and the parties consent to the jurisdiction of this court.

2.2 PERSONAL JURISDICTION

By entering into this agreement, the parties agree to submit to the personal jurisdiction of the courts in the state of Georgia. This means that, if a dispute arises, the business and the other party will accept the authority of Georgia courts to resolve the matter.

3. DISPUTE RESOLUTION

In the event of a dispute, the parties agree to attempt to resolve any legal matters or conflicts through alternative dispute resolution (ADR) methods such as mediation or arbitration before pursuing formal litigation.

  • Mediation: The parties agree to attempt mediation in good faith in an attempt to resolve the dispute informally, before taking further legal action. If mediation fails, the dispute may proceed to arbitration or litigation as outlined below.
  • Arbitration: If the dispute is not resolved through mediation, the parties agree to resolve any remaining dispute through binding arbitration administered by a mutually agreed-upon arbitration service.

4. WAIVER OF JURY TRIAL

In the event of a legal dispute, the parties explicitly waive their right to a jury trial and agree that any action will be decided by a judge, in accordance with the laws of the state of Georgia. This waiver is an essential part of this jurisdiction agreement.

5. ENFORCEMENT OF JUDGMENTS

Any judgment obtained in a court of competent jurisdiction in the State of Georgia may be enforced in any jurisdiction where the opposing party has assets. The parties agree that they will not contest the enforceability of any judgment rendered in the courts of Georgia.

6. CONSENT TO SERVICE OF PROCESS

For any action or proceeding arising under this Agreement, each party consents to receive legal notices and processes through the designated registered agent or business address within the state of Georgia. If necessary, the parties consent to personal service of process within Georgia and agree to waive any objections to such service.

7. SEVERABILITY

If any part of this Jurisdiction Clause is found to be invalid, illegal, or unenforceable, the remainder of the Clause shall remain in full force and effect. The invalid portion shall be amended to reflect the parties’ intent as closely as possible, and the remainder of the legal rights and obligations of the parties will continue to be enforceable.