Terms and Conditions – Kawaii Nails LLC

Welcome to kawaiinails.shop (the “Website”), operated by Kawaii Nails LLC (“we,” “us,” “our,” or “the Company”). By accessing or using our Website, making a purchase, or otherwise interacting with our services, you agree to be bound by these Terms and Conditions (the “Terms”). Please read them carefully. If you do not agree with any part of these Terms, you may not use our Website or purchase our products.

1. General Information

Company Name: Kawaii Nails LLC
Address: 1209 Mountain Road Pl Ne Ste R, Albuquerque, NM 87110, United States
Phone: 8703301243
Email: klarrisacassondra27780@gmail.com
Website: kawaiinails.shop

These Terms apply to all users of the Website, including without limitation users who are browsers, customers, merchants, and contributors of content.

We reserve the right to update, change, or replace any part of these Terms at any time without prior notice. Changes are effective immediately upon posting to the Website. Your continued use of the Website following any changes constitutes your acceptance of those changes. It is your responsibility to check this page periodically for updates.

2. Eligibility to Purchase

By placing an order on kawaiinails.shop, you represent and warrant that:

You are at least 18 years of age (or the age of majority in your jurisdiction)
You have the legal capacity to enter into a binding contract
You are not located in a country subject to U.S. trade sanctions or embargoes
All information you provide (name, address, payment details) is accurate, current, and complete
You will only use products for their intended cosmetic purposes, not for any illegal or harmful activity

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion (e.g., suspected fraud, violation of these Terms).

3. Products & Pricing

Product Descriptions

We strive to display product colors, textures, and sizes as accurately as possible. However, we cannot guarantee that your monitor’s display of any color or detail will be identical to the physical product. Slight variations may occur due to manufacturing batches or photography lighting.

Pricing

All prices are listed in U.S. Dollars (USD) and do not include applicable taxes, customs duties, or shipping charges unless stated otherwise. Prices are subject to change without notice. However, once you complete an order, the price at checkout is final (even if we later adjust prices).

Typographical errors: In the rare event that a product is listed at an incorrect price due to a website error, we reserve the right to cancel the order and refund you in full, even after your credit card has been charged.

Availability

Products are subject to availability. If an item becomes out of stock after you place an order, we will notify you within 1 business day and offer:

A full refund for the unavailable item, or
A substitution with a similar product (at your approval)

We do not backorder out-of-stock items unless you specifically request a waitlist.

4. Orders & Payment

Order Acceptance

When you place an order, you receive an automated email acknowledgment. This does not constitute our acceptance of your order. We retain the right to accept or reject any order for any reason (e.g., payment verification fails, shipping address invalid, suspected resale without authorization).

Order acceptance occurs when we ship the products, at which time we will send a shipping confirmation email. Until then, we may cancel your order with no penalty to either party.

Payment Processing

All payments are processed through Stripe. By providing your credit card or digital wallet information, you authorize us to charge the total order amount (including taxes and shipping) to your chosen payment method.

You agree that you will not use any fraudulent payment method. If your payment method declines, we may cancel your order.

Resale & Bulk Purchases

We welcome wholesale inquiries for salons, spas, and beauty schools. However, we reserve the right to limit quantities sold to any individual or entity. If we believe you are purchasing products for unauthorized resale (e.g., on Amazon, eBay, or other marketplaces without our permission), we may cancel your order and suspend your account.

To apply for authorized wholesale status, email klarrisacassondra27780@gmail.com with “WHOLESALE APPLICATION” in the subject line.

5. Shipping & Delivery

Please refer to our Shipping Policy (separate document on our Website) for detailed information about:

Shipping methods and carriers
Domestic and international delivery times
Shipping costs (calculated at checkout)
Lost or stolen package procedures
Customs, duties, and taxes for international orders

Risk of loss transfers to you when the carrier accepts the package from our warehouse. We are not responsible for delays caused by carriers, weather, customs, or other factors outside our reasonable control.

6. Returns, Refunds, & Warranties

These Terms incorporate by reference our Refund and Return Policy, which governs all product returns and refunds. Key points:

30-day return window for most products
Damaged/defective items: we pay return shipping
Change-of-mind returns: customer pays return shipping
Final sale items (lash extensions, opened wax products, etc.) are non-returnable
Warranty: 90 days against manufacturing defects

If you violate our return policy (e.g., returning used items as “new”), we reserve the right to refuse the return, charge a restocking fee, or ban your account.

7. Intellectual Property

All content on kawaiinails.shop – including text, graphics, logos, product images, videos, tutorials, and software – is the property of Kawaii Nails LLC or its content suppliers and is protected by United States and international copyright, trademark, and trade secret laws.

You may not:

Copy, reproduce, distribute, or create derivative works of our content without written permission
Use our trademarks (e.g., “Kawaii Nails,” the Kawaii Nails logo) without our prior written consent
Scrape our Website for data (product prices, descriptions, images) for commercial purposes

You may:

Share links to our Website on social media or blogs (attribution appreciated)
Print product information for personal reference

Violation of our intellectual property rights may result in legal action, including demands for damages and injunctive relief.

8. User-Generated Content & Reviews

We encourage you to leave honest reviews of our products. By submitting any content (reviews, photos, videos, testimonials) to our Website or social media pages:

You grant us a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to use, reproduce, modify, adapt, publish, and display that content for any purpose (including marketing and advertising) without compensation to you.
You represent that you own or have permission to share the content, and that it does not violate any third-party rights (copyright, privacy, trademark).
You agree not to submit false, misleading, defamatory, or obscene content.

We reserve the right to remove or edit user-generated content at our sole discretion.

9. Prohibited Uses

In addition to other prohibitions in these Terms, you may not use the Website or its content:

For any unlawful purpose
To solicit others to perform or participate in unlawful acts
To violate any international, federal, provincial, or state regulations
To infringe upon our intellectual property or the intellectual property of others
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
To upload or transmit viruses or malicious code
To collect or track personal information of others without consent
To spam, phish, pharm, pretext, spider, crawl, or scrape
For any obscene or immoral purpose

Violation of any prohibited use may result in immediate termination of your access to the Website and legal action.

10. Disclaimer of Warranties; Limitation of Liability

No Warranties

To the fullest extent permitted by law, Kawaii Nails LLC provides the Website and all products “as is” and “as available” without any representations or warranties of any kind, express or implied, including but not limited to:

Warranties of merchantability, fitness for a particular purpose, or non-infringement
Warranties that the Website will be uninterrupted, error-free, secure, or virus-free
Warranties regarding the accuracy, reliability, or completeness of any content

We do not guarantee that results from using our products (e.g., nail growth, lash retention, waxing smoothness) will meet your expectations, as individual results vary.

Limitation of Liability

In no event shall Kawaii Nails LLC, its owners, employees, or affiliates be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from:

Your use of (or inability to use) the Website
Your purchase or use of any product
Unauthorized access to or alteration of your transmissions or data
Statements or conduct of any third party on the Website

This limitation applies even if we were advised of the possibility of such damages. In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability is limited to the maximum extent permitted by law.

Our total cumulative liability to you for any claim arising from these Terms or your use of the Website shall not exceed the total amount you paid to us in the six months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Kawaii Nails LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

Your breach of these Terms
Your violation of any law or the rights of a third party
Your misuse of our products (e.g., ignoring safety instructions)

12. Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.

13. Termination

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing to use our Website and destroying any products you have not yet used (no refunds for partially used products).

We may terminate or suspend your access to the Website immediately, without prior notice, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Website ceases immediately.

14. Governing Law & Dispute Resolution

These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict of law provisions.

Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration shall take place in Bernalillo County, New Mexico.

Exceptions: Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights (e.g., trademark infringement). You may also bring claims in small claims court if they qualify.

Class action waiver: You agree to resolve any disputes on an individual basis. You waive the right to participate in any class action, class arbitration, or representative action against Kawaii Nails LLC.

Statute of Limitations

Any claim arising from these Terms or your use of the Website must be commenced within one year after the cause of action accrues; otherwise, such claim is permanently barred.

15. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, Refund and Return Policy, and any other legal notices published on our Website, constitute the entire agreement between you and Kawaii Nails LLC regarding your use of the Website and supersede all prior agreements, communications, and proposals, whether oral or written.

16. Contact Information

If you have any questions about these Terms, please contact us:

📞 Phone: 8703301243
✉️ Email: klarrisacassondra27780@gmail.com
📬 Mail: Kawaii Nails LLC, 1209 Mountain Road Pl Ne Ste R, Albuquerque, NM 87110, United States