Terms & Conditions
These terms and conditions include general terms and conditions for use of this site, terms and conditions relating to the services and terms and conditions relating to the sale and purchase of products on the site. Please read these terms and conditions carefully. Your use of the site and services and the purchase of any products on this site will be subject to these terms and conditions.
Important liability statement
The information available on or through this Site, and the Services supplied via or in connection with this Site, is intended as information only and does not constitute advice or medical advice. Products are for cosmetic purposes only and have not been approved by any medical or pharmaceutical licensing body. It is your responsibility to determine that the Products are suitable for you and it is not our responsibility to do so.
Where the Site or any Submission made by any user includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by us and we do not accept any liability on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
We try to make sure that all information contained on the Site is correct, but the information is of a general nature and not intended to comprise of all the information relating to the subject matters referred to by the Site and therefore, subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this Site.
Subject to statutory limits and exclusions for death or personal injury caused by our negligence, or for fraud, our liability to you in connection with any Product purchased through the Website is strictly limited to the purchase price of that Product.
You may use the Site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site for any commercial purpose including for selling any goods or services.
The intellectual property rights in all materials on the Site and supplied as part of the Products or Services ("Materials") are owned by Nicely Polished Ltd (hereafter Nicely Polished) or its third party licensors. Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any materials, or remove or change anything on the Site, include or create links to or from the Site without our written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies or the Materials.
Should you make a Submission to us, you agree to grant us an exclusive, irrevocable, perpetual licence to use it worldwide on the Site (and make it available to other users) and in our marketing materials and for any other business purposes, and to edit your Submissions in the event that Nicely Polished deems it necessary or desirable to do so for whatever reason.
You acknowledge that making a Submission does not guarantee that such Submission, or any part thereof, shall appear on the Website, but agree that Nicely Polished may, at its sole discretion, choose to display any Submission or any part of a Submission that you make on the Website.
You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any Submissions that you make to the Website.
You acknowledge that you will not be able to edit or delete any Submission after submission.
Any user who feels that any Submission made by other users is objectionable is encouraged to contact us at email@example.com. We will review the relevant Submission as soon as is practicable and will take such action as it deems necessary, if any.
You must not use the Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of Nicely Polished or any third party.
Nicely Polished accepts no obligation to monitor the use of the Site. However, Nicely Polished reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials; to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. Nicely Polished will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
Nicely Polished may change the format and content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.
Your personal information
You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this Site and the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms, Nicely Polished does not enter into conditions, warranties or other terms in relation to the Site or the Services or any guaranteed or predicted result from using the Site, Services or Products.
The Site includes links to external sites and co-branded pages. Nicely Polished has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. Nicely Polished does not endorse the content of external sites and is not responsible for the content of these sites and pages or for anything provided by them.
Subject to the important liability statement, Nicely Polished is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.
The Site or documents sent with a Product, or the packaging or labelling of a Product may contain instructions for use, warnings, contra-indications and other notices. You must read and follow these notices carefully and ensure others who use the Products do so. Subject to the important liability statement, we will not be legally responsible to you if any of these are not observed.
As part of the Services offered via this Site, you may be issued with an individual password which can be used to access certain areas of the Site and provide fast checkout. You will use the password only for such access and not for any other purpose. You must keep your password confidential at all times, and must not disclose the password or permit anyone else to use your password. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.
In the event of any failure or error in the operation of a password, you shall cease using the password, exit the Site immediately, and notify Nicely Polished of such failure or error.
Nicely Polished reserves the right to change your password and user name at any time in its sole discretion and you agree to notify Nicely Polished promptly of any changes to your registration details.
Suspension and termination of service
Nicely Polished may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or pages linked to it will not necessarily be uninterrupted or error free.
Nicely Polished may terminate the Service and cease to send you Products immediately in the event you breach any of these terms and conditions or if you are late in or do not pay any sums due to Nicely Polished.
Eligibility to purchase products
Nicely Polished does not sell Products to children under the age of 18 on this Site although it may sell Products suitable for children to adults. If you are under 18, you may use the non-transactional parts of the Site but you may not purchase Products from the Site. By ordering Products you represent that you are 18 years of age or older.
In order to purchase Products, you must submit a valid Visa, Visa Electron, Mastercard, American Express, Delta or Switch credit or debit card, or valid PayPal payment login. You warrant that the payment card or PayPal login you submit is yours. All credit/debit card holders and Paypal users are subject to validation checks and authorisation by the card issuer or payment provider. Nicely Polished is not responsible in the event that your payment card provider refuses to authorise payments.
IMPORTANT: When you order your Repeat Purchase Products, you agree that we may send you the same Product(s) in the same quantities and on the same chargeable basis every 30, 60 or 90 days (depending on which frequency you have chosen) from the date of your first order, and that we may debit the credit or debit card or charge the PayPal account you submit for your first order for the same amount (including applicable sales tax and postage) on each subsequent dispatch of Products.
We will send you a confirmatory email with each dispatch of Products. Unless you notify us that you want to cancel these Repeat Purchase orders you will continue to be sent the same Products and your credit or debit card or PayPal account will be charged the price and relevant sales tax and postal charges every 30, 60 or 90 days (depending on which frequency you have chosen). Once you have purchased your first Products, the price for such Products will change if:
(a) You change your address and the applicable sales tax or postage changes accordingly; or
(b) Our prices advertised on the Site increase in which case, we will notify you the new price and the first of your Products to be affected will be the first batch of Products sent after the price change. Price changes will not affect your cancellation rights.
You may cancel future Repeat Purchase orders at any time by sending an email to firstname.lastname@example.org. On receipt of your email, we will make every reasonable effort to cancel your Repeat Purchase orders before any further Products are dispatched to you. If, however, your cancellation is not processed by us in time to prevent a further dispatch of Products to you, you can cancel such Products when you receive them.
When you select the option to allow us to store your card details we will do so using the Braintree Pay Token System. When you select a Repeat Purchase Product we will automatically store your card details via the Braintree Token System.
The Token System is a safe way for us to keep card details without actually storing them. Braintree store and convert your sensitive payment information into a secure token or "alias". This token is then used by us to process future transactions as and when required, without asking for your card details each time.
It is your responsibility to inform us of any change of address or other relevant details such as payment card details.
After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to Nicely Polished to buy a Product via the Site. No contract will exist in relation to the Products until we have confirmed to you by email that the Product has been dispatched (the Dispatch Confirmation email).
Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access the Dispatch Confirmation email.
Each Contract relates only to those Products whose dispatch the Partner has confirmed in the Dispatch Confirmation. The Partner shall not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed by way of a Dispatch Confirmation.
This will be without prejudice to your right to cancel as outlined in these terms and conditions and to your statutory rights as a consumer. Nicely Polished reserves the right to refuse orders for Products.
Pricing, availability and dispatch information of products
Information displayed on the Site as to pricing and availability is subject to change by Nicely Polished. Payment for the Products will be made via the Site in accordance with the procedure explained on the Site.
While we aim to be accurate, any availability information or dispatch estimates on the Site in relation to Products are approximate. As we process your order, we will inform you by e-mail, telephone or SMS, if any Products you order turn out to be unavailable. Please allow up to 10 business days for delivery.
In spite of our best efforts, it is possible that a Product may be mispriced on the Site. We do, however, confirm prices as part of our dispatch procedures. Where a Product's actual price is lower than that stated on the Site, we will charge the lower amount and send you the Product. If, however, the actual price is higher than that stated on the Site, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. Prices are inclusive of VAT so the price of a Product may change if you are ordering from outside the UK.
Products will be dispatched to your delivery address as soon as reasonably possible after acceptance of your order. Delivery charges and sales tax will be made in accordance with your location and you will be informed of the relevant charge on the Site before you confirm your order. Please note, any orders we accept which require delivery outside the EU will be delivered duty unpaid.
Cancellation rights for dispatched products
If you are contracting as a consumer, you may be able to cancel a Contract at any time within 14 working days, beginning on the day after you received the relevant Product. In this case, you will receive a refund (£1 per item restocking fee may apply) paid for the Products in accordance with our refunds policy below.
To cancel a Contract, you must immediately notify us by email at email@example.com and return the Product(s) covered by the cancelled order to us as soon as possible, in the same condition in which you received them, to:
Unit 5D Ashchurch Business Centre
If you do not return the Products within 10 days of your cancellation, you will be deemed to have accepted the products, at which point a new purchase contract will be made and you will be charged for your order at the price set out on the Site.
You will not have any right to cancel a Contract for the supply of any Products which by reason of their nature cannot be returned, for example, without limitation, any cosmetics which have been unpackaged and treated in any way that renders it no longer marketable to other customers.
The provisions of this paragraph do not affect your statutory rights.
When returning Products on which you have received any promotional or other discount the refund will only cover the price you paid.
Nicely Polished warrants that the Services will be supplied with reasonable skill and care.
Statutory rights and no quibble returns
THE RIGHTS OF CANCELLATION AND REFUND AND ANY LIMITATION EXPRESSED IN THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
Products returned by you because of a defect will be refunded in full, including a refund of any standard delivery charges for sending the item to you and the cost incurred by you in returning the item to the Partner.
All products purchased through Nail Polish Direct website are covered by our 14 day no quibble guarantee. If you are not totally satisfied with your order or have simply changed your mind, please return the unopened product to us within 14 days of your order date and we will refund you for the product(s).
Products being returned must be in a brand new saleable condition, in the original packaging. products returned that do not meet this criteria will either be returned to the customer or up to a 20% charge will be deducted from the refund amount.
Our European customers have 14 days from the order date to return their products. Please include a brief letter including your name and address and an explanation as to why you are returning the product(s).
We are unable to refund any postage costs you may have occurred and a restocking fee for the amount of one pound per product may be applied. Please note this does not apply to damaged or faulty products. This does not affect your statutory rights.
It can take up to 10 days for us to receive your return, depending on which postal service you use. Refunds are usually processed on the day of receipt. Please allow a further week for the amount to show in your account.
Refunds in relation to Products may only be credited to the credit or debit card or PayPal account originally used to make the purchase. If we are unable to put the refund through on this card or account for any reason, we will try to contact you to discuss alternative arrangements.
Nicely Polished may change these terms and conditions from time to time and will endeavour to notify you of any major changes by email or at the very least by posting a message on the Site. By browsing the Site you are accepting that you are bound by the current terms and conditions.
You should check these each time you revisit the Site. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. Nicely Polished may delay enforcing its rights under these terms and conditions without losing them. You agree that Nicely Polished may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.
These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.
If you have any enquiries or complaints (about the Service or someone else’s use of the Site) then please address them to Nicely Polished Customer Service Department, 2 Stanley Street, Carnforth, Lancashire LA5 9DX, United Kingdom or email: firstname.lastname@example.org
NIcely Polished Points
Rules for using your Points
**Please note that points will not be available for redemption until your order has been processed and dispatched. (i.e. points earned today cannot be redeemed today)
**You can redeem the points as discount against your next order in multiples of 450 (450 points = £10)
**Please note that to earn Nicely Polished points you must have a current Nicely Polished online account and order your products online.
**For social media shares and likes – this is limited to 3 per month per customer (i.e max 60 points per month).
**For product reviews customers must have purchased the review product from Nicely Polished to collect points – this is limited to 3 reviews per month.
**All Nicely polished points will be valid for 12 months only after which will become obsolete.
**The points system is in place to reward customers for sharing personal experience with our service and product range fairly with real social or work groups. Nicely Polished reserves the right to remove points if we believe that a customer is trying to abuse this reward points system for any reason.