Terms of service.
Please also visit our Privacy Policy section, which governs your visit to the Site (defined below). The Privacy Policy also helps you understand our practices and provides information explaining the information we collect and how we use it. Please read these Terms of Use carefully before using this website.
Welcome to Russian Nails NY LLC (“Russian Nails", “we" or "us") website, russiannails.com! The recipient of this information is assumed to be the consumer of any Russian Nails services or products and is hereinafter referred to as "you" or "your". Please read these terms of use (THE "TERMS AND CONDITIONS") carefully before using this website. Your use of this website (including browsing the website, registering for an account, or purchasing products or services on or through this website) confirms your unconditional acceptance of the following terms and conditions. If you do not accept these terms and conditions, do not use this website.
Your use of, and participation in, certain services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental service . If these Terms and Conditions are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such service. The Terms and Conditions and any applicable Supplemental Terms are referred to herein as the “Agreement ”.
The purchase and use of Russian Nails Gift Cards is governed by the Supplemental Terms located at www.russiannails.com/gift-card.
The RN Membership Program is governed by the Supplemental Terms located at www.russiannails.com/memberships.
The RN School website located at www.russiannails.com (“Russian Nails School”) is owned and operated by Reversed Hub Corp. Please note that while we work closely with our friends at Reversed Hub Corp and allow our users to use their online account at https://russiannails.school, we are not the same company and your use of Russian Nails School will be governed by Reversed Hub Corp’s terms, located at https://app.termly.io/document/terms-of-service/dcd5c5e2-860a-4687-a7db-6949ab664c64.
Products, Services, Content and Specifications.
Every aspect, content, specifications, merchandise, amenities, and rates of merchandise and amenities outlined or portrayed on this Website are susceptible to modification at any point without advance notification. All portrayals of products and services are approximate and are supplied solely for the sake of convenience. The inclusion of any items or services on this Website at a given time does not suggest or guarantee that said items or services will be accessible at any time. It is your duty to determine and adhere to all pertinent local, state, federal, and international regulations (including age requirements) concerning any service or item procured from this Website or a Russian Nails retail establishment. By placing an order or scheduling an appointment, you affirm that the products and services procured or requested will be utilized solely within the boundaries of legality.
Eligibility to Order/Purchase.
In order to place an order on this Website or schedule an appointment, you must: (i) be 18 years of age or older, and (ii) be a consumer, not a reseller.
By placing an order, you warrant that you are legally capable of entering into binding contracts.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Russian Nails. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Gift Cards.
Depending on the type of Russian Nails Gift Card that you have, it may be used for making authorized purchases at participating Russian Nails retail locations in the United States or for making authorized purchases at Participating Locations and online at russiannails.com. Gift cards cannot be transferred, exchanged or resold and cannot be redeemed for cash (except where required by law). Gift cards may not be used towards the purchase of a membership. Gift cards have no expiration date and no fees. Gift cards are nonrefundable and cannot be replaced if lost or stolen. Russian Nails’ Gift Card policy is accessible here and is incorporated into these terms and conditions in its entirety.
Accuracy of Information.
We attempt to ensure that the data presented on this Website is thorough, precise, and up-to-date. Notwithstanding our endeavors, the information on this Website may sometimes be imprecise, partial, or outdated. We do not assert that all data found on the Website is comprehensive, exact, or current. For instance, items or services featured on the website might not be accessible, may possess distinctive characteristics from those listed, or could have a different price than that stated on the Website. Furthermore, we may alter information concerning pricing and availability without forewarning. Though it is our practice to verify orders via email, the reception of an email order or appointment confirmation does not serve as our endorsement of an order or our validation of an offer to vend a product or service. We hold the prerogative, without preliminary notice, to restrict the quantity of orders for any product or service and/or to decline service to any patron. We may also mandate validation of information before consenting to and/or transporting any order.
Pricing Guidelines
The Russian Nails maintains the prerogative to modify its pricing at any point before confirming an order.
The prices provided might be altered by the Russian Nails after confirming an order in case of any incident impacting delivery due to government intervention, alterations in customs tariffs, augmented shipping fees, elevated foreign exchange expenditures, and any other circumstance outside the Russian Nails' jurisdiction. In such an instance, you shall possess the authority to annul your order.
Use of this Website
The design of this Website and all written content, visuals, details, material, and other elements showcased on this Website, either belong to Russian Nails or are employed with authorization. They are safeguarded by copyright, trademark, and other regulations, and their utilization is only permissible as outlined in the Agreement or with explicit written authorization from the material's owner. Modifying the data or materials found on this Website in any manner, or using, reproducing, publicly displaying, performing, distributing, or employing such materials for public or commercial objectives is not allowed. Unauthorized utilization of this information or materials may contravene copyright, trademark, privacy and publicity, and other applicable laws. Safeguarding the secrecy of your account particulars and password, and regulating access to such information and your computer, are your responsibilities. You concur to take accountability for all actions conducted under your account or password. The permissions granted to you in the Agreement are subject to the aforementioned constraints.
Transactions.
If you desire to acquire any product(s) or service(s) offered through the Website (each acquisition referred to as a "Transaction"), you might be prompted to provide specific details relevant to your transaction. This data may include, but is not restricted to, your credit card particulars, the expiration date of your credit card, your billing address, and your shipping details. YOU ASSERT AND AFFIRM THAT YOU POSSESS THE LEGAL ENTITLEMENT TO UTILIZE ANY CREDIT CARD(S) OR ALTERNATE PAYMENT METHOD(S) USED IN CONJUNCTION WITH ANY TRANSACTION. By furnishing such details, you grant Russian Nails the authorization to share this information with third parties to facilitate the fulfillment of Transactions initiated by you or on your behalf. Validation of details may be necessary before any Transaction is acknowledged or completed.
We withhold the right to decline any order you make with us or any appointment scheduled with us. We may, at our exclusive discretion, restrict or cancel quantities bought per person, household, or order, as well as appointments scheduled with us. These restrictions might pertain to orders or appointments placed under the same customer account, the same credit card, and/or orders utilizing the same billing and/or shipping address. Should we modify or nullify an order or appointment, we will make an effort to inform you through the provided email address and/or billing contact or phone number recorded at the time the order or appointment was arranged. We retain the right to constrain or bar orders that, at our exclusive determination, seem to be placed by dealers, resellers, or distributors.
You pledge to settle all expenses that may be accrued by you or on your behalf through the Website, at the prevailing price(s) when such expenses are incurred. This encompasses, though is not confined to, all charges for shipping and handling and cancellation fees for appointments voided outside the stipulated cancellation period. You continue to be liable for any taxes and levies imposed by your credit card provider that are applicable to your Transactions.
COVID-19 Adjustments: Upon scheduling an appointment for our services via our Website, you are hereby consenting to adhere to Russian Nails’ COVID-19 reaction protocols before entering any of our shop locations. Specifically, during your visit to our establishments, you commit to conforming to all federal, state, and local regulations aimed at addressing the COVID-19 situation. Moreover, you undertake to observe all health and safety measures established by Russian Nails while inside our premises. These measures encompass, but are not confined to, participating in a health survey to ascertain the possibility of COVID-19 exposure, undergoing temperature assessment prior to your appointment, donning a face covering while within our shops, upholding social distancing regulations, and employing our virtual check-in technology. Any details concerning your temperature or particulars disclosed on a COVID-19 health survey will not be preserved by Russian Nails. It is understood that we maintain the prerogative to withhold our services if you do not comply with any of these stipulations.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Russian Nails.
Limitation of Liability
Despite any damages that You may incur, the total liability of the Russian Nails and any of its suppliers under any provision of these Terms and Your sole remedy for all of the aforementioned shall be restricted to the amount actually paid by You through the Service or 100 USD if You haven't made any purchases through the Service.
To the highest degree allowed by applicable law, under no circumstances shall the Russian Nails or its suppliers be accountable for any extraordinary, ancillary, indirect, or resultant damages whatsoever (including, but not restricted to, damages for loss of earnings, loss of data or other information, for business interruption, for personal harm, loss of privacy resulting from or linked to the utilization of or incapability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise associated with any provision of these Terms), even if the Russian Nails or any supplier has been alerted to the potential for such damages and even if the solution falls short of its necessary purpose.
Certain states disallow the omission of implicit warranties or restriction of liability for casual or resulting damages, which implies that some of the aforementioned constraints may not be applicable. In these states, each party's liability will be limited to the greatest degree allowed by law.
Revisions to these Terms and Conditions.
We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
Choice of Law
Jurisdiction. These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed exclusively by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws.
Third-Party Services
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Russoan Nails.
The Russian Nails has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Russian Nails shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Linking to this Website.
Creating or maintaining any link from another Website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any material displayed on this Website in frames or through similar means on another Website without our prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations.
Termination.
You or we may suspend or terminate your Russian Nails Account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
Disclaimer
DISCLAIMERS OF WARRANTIES. YOUR USE OF THIS WEBSITE (INCLUDING PURCHASE OF PRODUCTS OR SERVICES ON OR THROUGH THIS WEBSITE) IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, WITH REGARD TO THE WEBSITE OR ANY TRANSACTION THAT MAY BE CONDUCTED ON, OR THROUGH, THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Jurisdiction
You hereby consent and irrevocably agree to submit to the exclusive jurisdiction and venue of the courts of New York and of the United States of America for any and all claims arising from the use of this website. These Terms, including, without limitation, any other Terms that may appear on the Site from time-to-time, constitute the complete agreement regarding your use and access of the Site and supersede all prior agreements, terms, conditions, and understandings, both written and spoken, concerning such use and access of the Site. If any portion of these Terms is deemed invalid or unenforceable, the invalid or unenforceable portion shall be adjusted in accordance with applicable law as closely as possible to reflect the original intent of the relevant provision, and the remaining parts of these Terms shall remain fully valid. A printed version of these Terms and any notifications provided to you in electronic form will be admissible in legal or administrative proceedings related to these Terms, with the same status and subject to the same conditions as other business documents and records initially generated and retained in printed form. Heyday's failure to enforce strict adherence by you to any provision of these Terms will not be seen as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that doesn't apply all provisions of these Terms. We may send notice to you concerning the Site and/or these terms and conditions via an email to your most recent known email address, and any such notice will be considered sent and received on the day of sending. You must not use the Site or export the Content in violation of United States export laws and regulations. If you access the Site from a location outside the United States, you are responsible for complying with all local laws.
Governing Law
These terms and conditions shall be governed by, construed, and enforced in accordance with the laws of New York, United States of America, without regard to any choice of law principles.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Notice for California Residents.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please send an email to rn@russiannails.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Arbitration.
THROUGH ANY USAGE OF THIS WEBSITE, YOU ARE EXPRESSLY CONSENTING TO WAIVE YOUR ENTITLEMENT TO A JURY TRIAL. Furthermore, by employing this Website in any capacity, you absolutely concur and acknowledge that: (1) any assertion, disagreement, or contention (regardless of whether contractual, tortious, or otherwise) you might assert against the executives, officers, and staff of Russian Nails, along with its parent, subsidiaries, and affiliates (all collectively designated here as the “enterprise entities”) that arises from, pertains to, or has any connection with the Website or the resolution of the extent or applicability of this arbitration agreement, shall be exclusively settled through conclusive and binding arbitration administered by JAMS and overseen by a sole arbitrator as per the regulations of JAMS; (2) this arbitration pact is crafted pursuant to a transaction that involves interstate trade and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held solely in Orange County, California; (4) the determinations of the arbitrator shall be influenced by the Terms and Conditions of this Website and any other agreements referred to herein, which the relevant user may have entered into regarding the Website; (5) the arbitrator shall apply California law in alignment with the FAA and pertinent statutes of limitations, and shall respect claims of privilege established in law; (6) no authority shall exist for claims to be resolved collectively or on behalf of a group; arbitration shall solely decide individual claims from you and/or the applicable enterprise entity. The arbitrator is precluded from combining or amalgamating claims from other individuals or entities in a similar situation; (7) the arbitrator is devoid of jurisdiction to award punitive damages against you or any enterprise entity; (8) in cases where the administrative fees and initial payments required to initiate arbitration against any Russian Nails entity surpass $125 USD and you are unable (or not mandated under JAMS regulations) to remit any charges and deposits beyond this sum, Russian Nails commits to settling them and/or transferring them on your behalf, with the ultimate allocation being determined by the arbitrator. In addition, if you can demonstrate that the costs of arbitration might be obstructive when weighed against litigation expenses, the company will cover as much of your arbitration filing and hearing costs as the arbitrator deems requisite to prevent arbitration from becoming prohibitively expensive; (9) excepting subpart (6) above, in case any portion of this arbitration provision is deemed null, unenforceable, unlawful, or clashes with JAMS regulations, the remaining portion of this arbitration provision shall remain in force and will be construed in conformity with its terms as if the null, unenforceable, unlawful, or conflicting provision were absent. However, should subpart (6) be adjudged null, unenforceable, or unlawful, then the entirety of this Arbitration Provision shall be nullified, and neither you nor the enterprise shall be entitled to arbitrate their dispute. For more information about JAMS and/or its regulations, kindly visit their website at http://www.jamsadr.com.