Terms of service

TERMS OF SERVICE

Welcome to the Nail Smile online store!
In these terms, the terms "we," "us," and "our" refer to Nail Smile SIA, which operates the Nail Smile online store and provides the information, content, features, tools, products, and services available therein (hereinafter referred to as the "Services") to ensure a convenient shopping experience for customers. These Terms of Service, along with the policies referenced herein (collectively referred to as the "Terms"), govern the use of our online store and the purchase of products offered therein, and define the rights and obligations of the Parties. Please read these Terms carefully, as they contain important information regarding your rights and obligations—including details on placing orders, purchasing products, delivery, product returns, and matters of liability. By using our online store and placing orders, you confirm that you have read and understood these Terms. The processing of personal data is governed by our Privacy Policy [LINK].
SECTION 1. ACCESS TO THE ONLINE STORE AND USER ACCOUNT
By using our Services, you confirm that you have reached the age of 18, or the age of majority as defined by the laws of your country of permanent residence, and that you have the legal capacity to enter into binding transactions. To use certain features of the online store or to place an order, you may be required to provide specific information, including your first and last name, email address, phone number, billing details, payment information, and data necessary for the delivery of goods. You confirm that all information provided in our online store is true, accurate, current, and complete, and that you have the authority to provide such information. If you create a user account, you are responsible for maintaining the confidentiality and security of your account access credentials, as well as for all activities that occur under your account. You may not transfer, sell, or otherwise assign your right to use the user account to any other person without our prior consent.

SECTION 2. OUR PRODUCTS
We strive to ensure that the information about products published in our online store—including images, descriptions, and specifications—is as accurate and up-to-date as possible. Please note, however, that the colors, shades, and visual appearance of products as displayed on your screen may differ from their actual appearance. Such discrepancies may arise due to the technical characteristics of the device you are using, your screen settings, or other technical factors. While we aim to ensure that product descriptions and related information are accurate, inaccuracies or technical errors may occasionally occur. Should such errors be identified, we reserve the right to clarify or correct the relevant information. Product descriptions, images, and other details may be updated to reflect changes in our product offering or specifications. Such updates do not affect orders that have already been confirmed, except where permitted by applicable law. We reserve the right to discontinue the sale of specific products or to limit the quantities available for purchase, in compliance with applicable legal requirements.

SECTION 3. ORDERS
By placing an order in our online store, you are submitting an offer to purchase the selected items at the price indicated at the time of placing the order and in accordance with these Terms. An order is considered accepted once Nail Smile SIA has sent you an order confirmation. The order confirmation will be sent to the email address you provided when placing the order. Before confirming and fulfilling an order, we may verify the information provided in the order and the payment status. Please carefully check the selected items, their quantities, the delivery address, and any other information provided in the order before submitting it. If you wish to make changes to or cancel an order, please contact us as soon as possible using the provided contact details. If it is not possible to fulfill an order—for example, due to the unavailability of items, technical errors, or other objective circumstances—we will notify you using the contact information provided at the time of placing the order and, if necessary, refund any payment received, in accordance with the requirements of applicable law. The return of purchased goods and refunds are processed in accordance with our Return and Refund Policy [LINK] and the requirements of applicable legislation of the Republic of Latvia and the European Union. Order fulfillment timeframes are specified in the "Delivery" section of the Terms and Conditions [LINK].

SECTION 4. PRICES AND PAYMENTS
All product prices listed in the online store are in euros (EUR). Prices include Value Added Tax (VAT at a rate of 21%), as applicable under the laws of the Republic of Latvia. Delivery costs, if applicable, are indicated separately prior to the final confirmation of the order. SIA Nail Smile reserves the right to change product prices 

offers and promotional deals without prior notice. Price changes do not apply to purchase agreements that have already been concluded. The price applicable to a product is the price indicated at the time the order is placed and the purchase agreement is concluded. Prices and promotions displayed in the online store may differ from those offered at the physical store of SIA Nail Smile. Specific terms and conditions may apply to promotions and special offers; these will be clearly stated in the description of the respective offer. Information regarding price reductions is provided in accordance with applicable consumer protection requirements. The buyer undertakes to provide truthful and accurate information necessary for the processing, payment, and delivery of the order. Payments are made using the methods offered in the online store (via bank transfer* or the online payment system "Klix by Citadele"). The use of payment cards and other payment instruments is subject to the terms and conditions of the respective payment service provider. The buyer confirms that they are authorized to use the chosen payment instrument. Cash payments are accepted for in-store collection.

*If the buyer chooses to pay via bank transfer:
(I). The Seller automatically prepares and sends an advance invoice corresponding to the order to the Customer via e-mail; this invoice is generated electronically and is valid without a signature.
(II). The Seller shall activate the Order specified in the advance invoice for the Buyer within 2 business days of receiving payment in accordance with said advance invoice.
(III) Upon receipt of payment for the advance invoice, a final invoice—prepared in compliance with the regulatory enactments of the Republic of Latvia and European Union standards—shall be sent to the Customer electronically.

SECTION 5. DELIVERY
SIA Nail Smile provides delivery of goods using the delivery service providers and methods indicated in the online store – Delivery [LINK]. Available delivery options, costs, and estimated timeframes are displayed during the order placement process. Delivery timeframes are approximate, unless a specific delivery date is explicitly stated. Unless otherwise agreed, goods shall be delivered no later than 30 days after the conclusion of the purchase agreement. In the event of a delivery delay, SIA Nail Smile shall inform the Buyer (to the extent possible) and ensure that the Buyer’s rights are upheld in accordance with applicable regulatory enactments. If the goods are not delivered within the agreed timeframe, the buyer has the right to request delivery within an additional reasonable period and, in cases provided for by law, to withdraw from the contract. The risk of accidental loss of or damage to the goods passes to the consumer at the moment when the consumer—or a third party designated by the consumer (other than the carrier)—takes physical possession of the goods. If the consumer chooses a carrier not offered by SIA Nail Smile, the transfer of risk shall be governed by the applicable legal regulations.

SECTION 6. INTELLECTUAL PROPERTY
The content available in the online store—including text, images, graphic materials, videos, logos, design elements, and other materials—is the intellectual property of SIA Nail Smile or the respective rights holders. These materials are protected under the laws of the Republic of Latvia and the European Union. The content of the online store may be used for personal, non-commercial purposes, in compliance with applicable legal regulations. Unauthorized copying, distribution, modification, or commercial use of these materials without the permission of the respective rights holder is prohibited, except in cases expressly permitted by law. The name, logo, and other identifying elements of SIA Nail Smile may not be used in a manner that infringes upon the company’s rights or misleads consumers. The names, logos, and trademarks of other manufacturers and brands belong to their respective rights holders.

SECTION 7. ADDITIONAL TOOLS
The online store may feature services and technical solutions provided by third parties, including functions related to payments, delivery, and customer service. The use of such services may be subject to the terms and conditions of the respective service providers. SIA Nail Smile is not liable for operational disruptions in systems independently managed by third parties, to the extent permitted by applicable law. This provision does not limit the liability of SIA Nail Smile regarding the fulfillment of its contractual obligations toward the buyer. SIA Nail Smile may introduce new features and services to the online store, which shall be governed by these Terms, unless separate terms are specified for a particular feature.

SECTION 8. LINKS TO THIRD-PARTY WEBSITES
The online store may contain links to third-party websites and services. SIA Nail Smile does not control the content of independent third-party websites and is not responsible for their operation, the accuracy of their information, or their availability, except in cases provided for by regulatory enactments. When visiting third-party websites, the buyer is advised to review their terms of use and privacy policies. These terms do not limit the buyer’s rights in relation to goods or 

services purchased by the buyer directly from SIA Nail Smile.

SECTION 9. CONCLUSION OF THE PURCHASE AGREEMENT
A purchase agreement for goods offered in the online store is concluded between the buyer and SIA Nail Smile. The buyer selects the goods, adds them to the shopping cart, provides the necessary order information, chooses the delivery and payment method, and confirms the order. Before final confirmation of the order, the buyer has the opportunity to review the contents of the order, the total price, and delivery costs, as well as to correct any entered information. The action of confirming the order clearly indicates that the order entails an obligation to pay. The purchase agreement is considered concluded once SIA Nail Smile has confirmed acceptance of the order, unless otherwise explicitly stated during the order placement process. The order confirmation is sent to the e-mail address provided by the buyer. SIA Nail Smile provides the consumer with the information required by regulatory enactments regarding the distance contract and its terms and conditions.

SECTION 10. PRIVACY POLICY
SIA Nail Smile processes personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation, or GDPR) and the applicable regulatory enactments of the Republic of Latvia. Personal data is processed for purposes such as the placement and fulfillment of orders, payment processing, delivery of goods, customer service, and compliance with legal obligations. In certain cases, personal data may be transferred to providers of payment, delivery, accounting, and technical services, in compliance with applicable data protection requirements. Detailed information regarding the purposes of personal data processing, legal bases, retention periods, data recipients, and the rights of data subjects is available in the SIA Nail Smile Privacy Policy. The Privacy Policy can be found in a dedicated section of the online store.

SECTION 11. REVIEWS
Customers may submit reviews, ratings, recommendations, and comments regarding products or services provided by SIA Nail Smile. By submitting a review for publication in the online store, the customer grants SIA Nail Smile a non-exclusive, royalty-free right to publish and display such review in connection with the company’s products and services. Reviews are used in compliance with requirements regarding copyright and the protection of personal data. The buyer is responsible for ensuring that any review they submit does not infringe upon the rights of others and does not contain information that is knowingly false or unlawful. SIA Nail Smile reserves the right to decline the publication of, or to delete, reviews that contain content that is unlawful, offensive, discriminatory, misleading, or unrelated to the specific product or service. Negative reviews are not deleted solely because they express criticism of a product or service. If the online store indicates that reviews have been provided by purchasers of the products, SIA Nail Smile shall provide information regarding whether and how the origin of such reviews is verified.

SECTION 12. ERRORS, INACCURACIES, AND OMISSIONS
SIA Nail Smile strives to ensure that the information published in the online store—concerning products, prices, availability, promotions, and delivery—is accurate and up-to-date. However, in certain instances, technical errors, typographical errors, or inaccuracies in the information may occur. SIA Nail Smile reserves the right to correct errors and update information within the online store. If an error is discovered after an order has been placed, SIA Nail Smile will contact the buyer to agree on a resolution in accordance with applicable laws and regulations. The terms of a concluded purchase agreement shall not be changed unilaterally, except in cases permitted by law. If it is not possible to fulfill the order and the buyer does not agree to the proposed solution, the amount paid shall be refunded in accordance with the procedures prescribed by law.

SECTION 13. PROHIBITED USES
The online store may be used only for lawful purposes.
Users are prohibited from:
(a) using the online store for unlawful or fraudulent activities;
(b) violating the laws and regulations of the Republic of Latvia, the European Union, or any other applicable legal requirements;
(c) infringing upon the intellectual property rights of SIA Nail Smile or third parties;
(d) harassing, threatening, or causing unlawful harm to other persons;
(e) knowingly providing false or misleading information;
(f) distributing unlawful or harmful content;
(g) sending unsolicited commercial communications or spam;
(h) impersonating another person without a legal basis;
(i) disrupting the operation of the online store or interfering with other users' access to it. It is also prohibited to:
(a) upload or distribute computer viruses or malicious software;
(b) use the content of the online store for commercial purposes without authorization, in violation of applicable law;
(c) unlawfully obtain or process the data of other persons;
(d) use phishing or other fraudulent methods;
(e) use automated tools that place a disproportionate load on the online store, interfere with its operation, or violate applicable regulatory enactments;
(f) circumvent the security systems of the online store.
SIA Nail Smile may restrict a user’s access to the online store if material breaches of these Terms are identified, in accordance with applicable laws and regulations.

SECTION 14. USE OF AUTOMATED TOOLS AND AGENTS
14.1. This section applies to automated software, bots, and artificial intelligence tools that access the online store or interact with its functions.
14.2. The use of automated tools is permitted, provided it does not violate laws and regulations, the rights of other persons, or the security requirements of the online store.
14.3. SIA Nail Smile may implement proportionate technical measures to protect the online store against unauthorized access, an excessive number of automated requests, and operational disruptions.

14.4. Users of automated tools must not:
(i) intentionally conceal their identity for fraudulent purposes;
(ii) circumvent access controls and security measures;
(iii) use automation to unlawfully obtain personal data;
(iv) interfere with the normal operation of the online store.
This section does not restrict the use of automated tools in cases where such use is protected by applicable laws and regulations.

SECTION 15. TERMINATION OF THE AGREEMENT
The Buyer has the right to terminate the purchase agreement or exercise the right of withdrawal in the cases and according to the procedures provided for by applicable laws and regulations. When entering into a distance contract, a consumer generally has the right to withdraw from the purchase within 14 days without providing a reason, subject to exceptions stipulated by law. The procedure for exercising the right of withdrawal, as well as the conditions and costs for returning goods, are set out in the online store’s "Right of Withdrawal and Return Policy"[LINK]. SIA Nail Smile may terminate the contractual relationship in cases provided for by law, including in the event of a material breach of the agreement. Termination of the agreement does not affect rights and obligations that arose prior to such termination, nor does it affect the consumer’s mandatory statutory rights.

SECTION 16. WARRANTIES AND CONFORMITY OF GOODS
SIA Nail Smile ensures that the goods sold conform to the purchase agreement and the requirements of applicable laws and regulations. In accordance with the Consumer Rights Protection Law, a consumer has the right to submit a claim regarding goods that do not conform to the terms of the agreement. Generally, a consumer may submit a claim regarding a lack of conformity that becomes apparent within two years from the date of delivery of the goods, in accordance with the procedures established by law. Depending on the specific circumstances, a consumer may have the right to request the repair or replacement of a product, a price reduction, or the cancellation of the contract. If the manufacturer or seller offers an additional commercial warranty, the terms of such a warranty are specified separately. A commercial warranty does not limit the consumer's statutory rights. The technical operation of the online store may be temporarily interrupted due to maintenance, updates, or technical malfunctions. SIA Nail Smile strives to ensure the availability of the website but cannot guarantee uninterrupted operation. This section does not limit the liability of SIA Nail Smile regarding the conformity of goods or the rights of the consumer.

SECTION 17. LIMITATION OF LIABILITY
SIA Nail Smile is responsible for the fulfillment of its contractual obligations in accordance with the regulatory enactments of the Republic of Latvia. SIA Nail Smile is not liable for losses caused by circumstances for which the company is not responsible under applicable regulatory enactments. Liability for technical malfunctions of the online store, services provided by third parties, and other circumstances is determined in accordance with applicable regulatory enactments. Nothing in these Terms limits or excludes a consumer’s mandatory rights, including rights related to goods that do not conform to the contract, compensation for damages, or other legal remedies provided for by applicable laws and regulations.

SECTION 18. COMPENSATION FOR DAMAGES
The Parties are liable for any breaches of these Terms or applicable laws and regulations in accordance with the procedures established by the legislation of the Republic of Latvia. If SIA Nail Smile incurs losses as a result of a User’s unlawful actions, the company has the right to claim compensation, provided there is a legal basis for doing so under applicable laws and regulations. The obligation to compensate for damages does not apply automatically and does not limit a consumer’s statutory rights.

SECTION 19. SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable, this shall not affect the validity of the remaining provisions. In such a case, the relevant provisions of the legislation of the Republic of Latvia shall apply in place of the invalid or unenforceable provision.

SECTION 20. WAIVER OF RIGHTS; ENTIRE AGREEMENT
The fact that SIA Nail Smile does not exercise any of its rights in a specific instance does not, in itself, constitute a waiver of those rights for the future. These Terms, together with the order information and other binding details provided to the buyer prior to the conclusion of the contract, define the mutual rights and obligations of the parties. These Terms do not limit the consumer's rights arising from mandatory legal enactments. Any ambiguous contractual terms shall be interpreted in accordance with applicable legal enactments, including requirements for the protection of consumer rights.

SECTION 21. TRANSFER OF RIGHTS AND OBLIGATIONS
SIA Nail Smile may transfer its rights and obligations to another person only to the extent that 

...in accordance with the procedures permitted by applicable laws and regulations. Such a transfer shall not diminish the consumer’s statutory rights or worsen their legal position in a manner contrary to applicable laws and regulations. The transfer of the buyer’s rights and obligations to another person shall take place in accordance with applicable laws and regulations.

SECTION 22. APPLICABLE LAW
These Terms of Service are governed by the laws and regulations of the Republic of Latvia. The parties shall first attempt to resolve any disputes between SIA Nail Smile and the buyer through mutual negotiation. Consumers have the right to contact the Consumer Rights Protection Centre (PTAC) and utilize out-of-court dispute resolution mechanisms provided for by law. If a dispute cannot be resolved out of court, it shall be adjudicated by a competent court in accordance with applicable laws and regulations. These Terms do not limit the consumer’s right to protection afforded by the mandatory laws of the country in which they have their habitual residence, where such protection is applicable.

SECTION 23. HEADINGS
The section headings used in these Terms are provided for ease of reference and do not affect the legal interpretation of the Terms. SECTION 24. AMENDMENTS TO THE TERMS OF SERVICE
SIA Nail Smile reserves the right to update and amend these Terms of Service, in compliance with applicable laws and regulations. The current version of the Terms is published in the online store. Amendments generally apply to orders placed after the respective amendments have come into effect. Amendments do not affect the terms of purchase agreements already concluded, unless there is an appropriate legal basis for doing so. Buyers will be notified of significant changes in an appropriate manner, where required by law.

SECTION 25. CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to the email address order@nail-smile.com.
Our contact information:
NAIL SMILE, SIA
Registration number / VAT number: LV40003912438
Address: Elijas iela 5-2, Riga, LV-1050, Latvia
Phone: +37167222324
Email address: order@nail-smile.com