Terms of service

TERMS OF SERVICE

OVERVIEW

This website is operated by Death Valley Nails. Throughout these Terms, β€œwe,” β€œus,” and β€œour” refer to Death Valley Nails.

These Terms of Service govern your use of our website and purchases from our store. They incorporate our Shipping Policy and Refund Policy. Our Privacy Policy explains how we handle personal information.

Please read these Terms before using our website or placing an order. By using the website or purchasing from us, you agree to these Terms, subject to any rights you have under applicable law.

Our store is hosted on Shopify Inc., which provides the online commerce platform we use to sell our products and services.

SECTION 1 β€” ONLINE STORE TERMS

You must be legally able to enter into a purchase agreement, or use the store under the supervision and authorization of a parent or legal guardian.

You may not use our website or products for an unlawful purpose or violate applicable laws through your use of the website.

You must not transmit malicious code, interfere with the website’s operation, or attempt to gain unauthorized access to our systems.

SECTION 2 β€” GENERAL CONDITIONS

We may restrict access to the website or refuse service where permitted by law, including in response to fraud, unlawful activity, or misuse of the website. This does not eliminate obligations relating to orders already accepted or rights you have under applicable law.

You may not reproduce, distribute, sell, or commercially exploit our website content, branding, photographs, or other intellectual property without our written permission, except where permitted by law.

Headings are provided for convenience and do not change the meaning of these Terms.

SECTION 3 β€” WEBSITE INFORMATION

We aim to keep product descriptions, prices, availability, and policy information accurate. Occasionally, information may contain errors or become outdated.

Historical information is provided for reference and may not describe current products or policies. Corrections to information are handled as described in Section 11.

Nothing in this section overrides an express product description, order commitment, or remedy provided in our Shipping Policy, Refund Policy, or purchased Package Protection.

SECTION 4 β€” CHANGES TO PRODUCTS, SERVICES, AND PRICES

We may change prices, product availability, website features, and services for future purchases.

Later changes do not retroactively increase the agreed price of an existing order or reduce the processing, return, refund, or Package Protection commitments applicable when that order was placed.

If an existing order is affected by an availability problem or error, we will contact you and handle any cancellation or refund as described in these Terms and our policies.

SECTION 5 β€” PRODUCTS AND RETURNS

Some products or services may be available exclusively through our website, and quantities may be limited.

We make reasonable efforts to display product colors and images accurately. Colors may appear differently depending on your screen and lighting.

Returns, defects, and refunds are handled under our Refund Policy. We accept returns of unused products and offer refunds for defective products. Please contact us before sending an item back so we can provide instructions.

We do not offer change-of-mind returns for used products. This does not restrict remedies for defective products, purchased Package Protection, or rights you have under applicable law.

Refunds may apply to returned or affected items within an order. Returning or resolving an issue with one item does not require a refund of unaffected items in the same order.

SECTION 6 β€” ORDERS, BILLING, AND WHOLESALE ACCOUNTS

You agree to provide accurate contact, billing, and shipping information when placing an order.

We may limit quantities or decline orders where permitted by law, including where we reasonably suspect fraud, unauthorized resale, or misuse of an account. If we cancel a paid order, we will notify you and refund the payment for the canceled order.

Restrictions on unauthorized resale do not prohibit purchases and resale by wholesale accounts we have approved. Approved wholesale customers must follow the wholesale terms and order requirements disclosed to them.

Separate written wholesale agreements apply to the subjects they expressly address. Nothing in those agreements or these Terms excludes rights or obligations that cannot lawfully be excluded.

For order questions, email team@deathvalleynails.com.

SECTION 6A β€” PROCESSING, SHIPPING, AND PACKAGE PROTECTION

Processing and shipping

Orders normally ship within 3–7 business days. During new releases and sales, processing may take up to 14 business days in total. Orders placed on weekends or holidays begin processing the next business day.

Processing time does not include USPS transit time. Transit time begins after shipment and varies by shipping service, destination, and carrier conditions. Delivery dates are estimates rather than guarantees.

If we cannot ship within the processing period stated when you placed your order, we will contact you with an updated shipment estimate and explain your options to wait or cancel for a full refund. Where your consent to a delay is required, we will obtain it or cancel and refund the order.

Additional shipping information is available in our Shipping Policy.

Optional Package Protection

When offered and added to your order, Package Protection provides a replacement or refund for items lost in transit, damaged during shipping, or stolen after delivery. Death Valley Nails handles these requests directly.

Package Protection is optional and is added only when you select it. You do not need to purchase USPS Priority shipping to use Package Protection purchased from Death Valley Nails.

The fee is 2% of the merchandise total after discounts, excluding shipping, taxes, and the protection fee. It is rounded up to the next $0.10, with a $0.99 minimum. The amount displayed in your cart is the fee for your current order.

Package Protection does not shorten order processing or carrier transit time.

To request help, email team@deathvalleynails.com with your order number and a description of what happened. For shipping damage, please include photos of the affected items and packaging. We may request additional information to review the shipping issue and arrange a replacement or refund.

A shipping-damage, loss, or theft request is separate from an ordinary unused-product return. Any refund for affected items is based on the amount paid for those items.

If you did not add Package Protection and have a shipping issue, contact us so we can review your order and help with the next steps, including any available carrier claim process. Carrier insurance is separate and subject to the carrier’s terms.

Choosing or declining Package Protection does not limit rights you otherwise have under applicable law.

No general disclaimer, limitation of liability, or reference to third-party tools in these Terms overrides the replacement or refund commitments expressly stated in our Shipping Policy, Refund Policy, or purchased Package Protection.

Bronze caps

Our bronze caps are decorative. Lift polishes by the bottle, not the capβ€”caps can loosen in transit or heat.

This handling guidance does not eliminate remedies for an order that arrives damaged.

SECTION 7 β€” OPTIONAL THIRD-PARTY TOOLS

Our website may provide access to third-party tools or services. Those tools may be governed by the provider’s own terms and privacy practices.

We do not control independently operated third-party tools or guarantee their availability or performance. Any disclaimer relating to those tools applies only to the extent permitted by law.

Package Protection offered directly by Death Valley Nails is governed by Section 6A and our Shipping Policy. It is not treated as an independently operated third-party tool under this section.

SECTION 8 β€” THIRD-PARTY LINKS

Our website may contain links to websites operated by other businesses or organizations.

We do not control those websites or their content. Please review their terms and privacy practices before using their services or providing information.

This section does not limit our responsibilities for products or services purchased directly from Death Valley Nails.

SECTION 9 β€” COMMENTS, REVIEWS, AND SUBMISSIONS

If you submit a public review, comment, or other content for publication on our website, you give us permission to display and reproduce that content in connection with our business, subject to applicable law.

You must have the right to submit the content. Submissions must not infringe another person’s rights, contain unlawful material, or misrepresent your identity or experience.

We may remove content that violates these Terms or applicable law.

Private customer-service messages, order information, and photos submitted to resolve a return or shipping issue are not treated as public submissions under this section. Personal information is handled under our Privacy Policy.

SECTION 10 β€” PERSONAL INFORMATION

Our collection, use, and sharing of personal information are described in our Privacy Policy.

SECTION 11 β€” ERRORS AND ORDER CORRECTIONS

We may correct errors in product descriptions, pricing, promotions, shipping information, or availability.

If an error materially affects an order you have already placed, we will contact you to explain the issue. We will not charge an increased price or substitute a materially different product without your agreement.

If we cannot fulfill the order as agreed and the order is canceled, we will refund the payment for the canceled order.

Corrections do not permit us to retroactively reduce purchased Package Protection benefits or other express commitments applicable to an existing order.

SECTION 12 β€” PROHIBITED USES

You may not use our website or its content to:

  • Violate applicable law or encourage unlawful activity.

  • Infringe intellectual property, privacy, or other rights.

  • Harass, threaten, abuse, or unlawfully discriminate against others.

  • Submit fraudulent or deliberately misleading information.

  • Transmit malicious code or interfere with website security or operation.

  • Collect another person’s personal information without authorization.

  • Impersonate another person or misrepresent your affiliation.

  • Engage in unauthorized spam, phishing, or other deceptive activity.

We may restrict website access in response to prohibited conduct, subject to applicable law and our obligations for existing orders.

SECTION 13 β€” WEBSITE DISCLAIMERS AND LIMITATION OF LIABILITY

We do not guarantee that the website will always be available, uninterrupted, or free of technical errors. We may temporarily suspend website access for maintenance or other operational reasons.

To the extent permitted by applicable law, Death Valley Nails is not liable for indirect, incidental, special, or consequential losses arising from website interruptions or misuse, such as lost profits or lost business opportunities.

These disclaimers and limitations do not limit:

  • Replacement or refund commitments expressly stated in our Shipping Policy, Refund Policy, or purchased Package Protection.

  • Express commitments applicable to products or orders.

  • Rights or obligations that cannot lawfully be excluded or limited.

  • Liability that applicable law does not permit us to exclude or limit.

Nothing in these Terms requires you to give up mandatory consumer protections.

SECTION 14 β€” RESPONSIBILITY FOR UNLAWFUL CONDUCT

To the extent permitted by law, you agree to indemnify Death Valley Nails against third-party claims and reasonable costs arising from your unlawful use of the website, infringement of another person’s rights, or material violation of these Terms.

This provision does not require you to indemnify us for our own unlawful conduct or eliminate rights you have under applicable law.

SECTION 15 β€” SEVERABILITY

If a provision of these Terms is found unlawful or unenforceable, it will apply only to the extent permitted by law. The remaining provisions will continue to apply unless applicable law requires otherwise.

SECTION 16 β€” TERMINATION

You may stop using our website at any time.

We may suspend or terminate website access for a material violation of these Terms or other lawful reason.

Termination of website access does not eliminate obligations relating to existing orders, payments, refunds, purchased Package Protection, or rights and obligations that continue under applicable law.

SECTION 17 β€” RELATIONSHIP BETWEEN THESE TERMS AND OUR POLICIES

These Terms and the policies they incorporate govern your use of the website and purchases from Death Valley Nails.

For shipping, processing, returns, refunds, and Package Protection, the specific provisions addressing those subjects control over inconsistent general wording in these Terms.

The order-specific commitments in effect when you place your order apply to that order. Later updates do not retroactively reduce those commitments.

If we do not immediately enforce a provision, that does not waive our right to enforce it later, subject to applicable law.

SECTION 18 β€” APPLICABLE LAW

These Terms are subject to applicable United States federal and state law. The law governing a particular transaction or dispute will be determined under the applicable choice-of-law rules.

Nothing in these Terms excludes mandatory consumer protections or other rights that applicable law does not permit you to waive.

SECTION 19 β€” CHANGES TO THESE TERMS

We may update these Terms by publishing a revised version on our website. The revised Terms apply to future use of the website and future orders, subject to any notice or consent required by law.

Changes do not retroactively increase an existing order’s agreed price or reduce its processing, return, refund, or Package Protection commitments.

You can review the current Terms on this page.

SECTION 20 β€” CONTACT INFORMATION

For questions about these Terms, orders, returns, shipping, or Package Protection, email team@deathvalleynails.com.