This Website is provided by DIOSA Nail Polish ("DIOSA"). Your use of this Website is subject to these Terms and Conditions of Website Use (the "User Agreement"). Please read this User Agreement and the other information referred or linked to in this User Agreement carefully. Please ensure that you understand it, since it is a legally binding agreement that contains important information about our Website and your permitted use of it. From time to time we may unilaterally modify this User Agreement, so it is important that you review this User Agreement every time you use this Website.
PLEASE NOTE: YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT USE THIS WEBSITE. ALL INFORMATION ON DIOSANAILS.COM AND TERMS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
This Website and other DIOSA websites may offer online capabilities to purchase products and services. You must be 18 years of age or older to make any such purchases. Check our online stores for more information on delivery and other sales policies. As to products and services featured on this Website, please note that we make every effort to display as accurately as possible the products and services that appear on this Website. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services. As to services featured on this Website, the terms of those service offerings may be specified in a separate agreement that will be provided to you in connection with the service purchased and will be supplemented
by this User Agreement.
A. No Purchases by Minors
By ordering a product or service online from DIOSA, you represent that you are 18 years of age or older. If a child under the age of 18 orders a product or service from DIOSA without parental or guardian permission, then the parent or guardian may return the product or service for a refund according to the posted returns and exchanges policy that relate to that order.
You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products or services from DIOSA. Orders shipped to addresses within the state of New York will be charged New York sales tax
C. Shipping/Postage and Handling; Insurance.
You are also responsible for paying all postage and handling charges relating to your online purchases (including any product offered with a service), and for insuring your purchases. Orders are typically processed and shipped within two business days of receipt. Any order received on or after noon EST Friday or the day before a holiday will start processing the next business day.
Incorrect shipments and return request must be made within 10 business days of receipt of the order. Contact DIOSA via email at Diana@diosanails.com. We only accept returns of unused and/or untampered items in exchange for store credit. Item(s) must be returned within 30 days from date of purchase. Store credit for returned purchases is good for 1 year after we receive returned purchase(s). Please note you are responsible for all return shipping expenses.
E. Damaged Items
You must report any damaged products immediately upon receipt, so that the appropriate claims can be filed. Damaged or defective merchandise must be reported to Customer Service at DIOSA within 10 business days of receipt of the order, by either telephone or email. Neglecting to do so and/or use the products despite the damage constitutes acceptance of the item in the condition it arrives in, and renders us unable to file the appropriate claim, which can result in the refusal of your return. Please provide the order number along with your email address and phone number for fastest service. To ensure prompt resolution, please retain the shipping box, packing materials and the damaged item(s) for 10 business days after reporting the damages to DIOSA for possible inspection by DIOSA. Our customer care representative may require a photo of the damaged item(s) to prevent fraudulent damage claims. DIOSA is not liable for any and all possible injury when handling damaged DIOSA products.
F. Color Information
While DIOSA has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
If you pre-ordered a nail lacquer colour, your entire order will ship when the shade(s) becomes available. Please see product page for expected/estimated shipment dates. Expected shipment dates of pre-order items are subject to change without notice.
USE OF MATERIALS ON THIS WEBSITE
DIOSA grants you a limited, non-exclusive, revocable license for you to use this Website for your personal entertainment, information, education, and communication, upon all of the terms of this User Agreement. This Website contains materials and other items relating to DIOSA and its products and services, and similar items from our business partners, licensors, and licensees, and other third parties (collectively, the "Content"). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using this Website, you must respect the intellectual property rights of DIOSA and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
All Content is copyrighted, and it is either owned or used with permission by DIOSA. DIOSA disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with DIOSA.
Except as set forth in this User Agreement or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.
The trademarks, logos, and service marks displayed on this Website are owned by DIOSA and third parties, and this Website's trade dress is owned by DIOSA (collectively, the "Trademarks", which also constitute Content). All Trademarks not owned by DIOSA are the property of their respective owners, and are used with permission or used with the appropriate credits to its respective owners. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark.
YOUR COMMUNICATIONS TO DIOSA
It is our policy to decline unsolicited suggestions and ideas. Any such submissions and any questions, comments, answers, suggestions, or the like submitted by you to DIOSA via this Website or by fax, mail, or otherwise, or transmitted, posted, or uploaded by you to this Website (collectively, "Your Submissions") will be treated as non-confidential and nonproprietary, and DIOSA will not assume any responsibility, obligation, or liability for them or for DIOSA's receipt or non-receipt of them. DIOSA's receipt of Your Submissions is not an admission by DISOA of their novelty, priority, or originality, and it does not impair DIOSA's right to contest existing or future intellectual property rights relating to Your Submissions.
You grant DIOSA a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by DIOSA in this User Agreement, do not and will not infringe any right of any third party.
When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You agree that you will not: (a) use this Website for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on this Website by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other "hidden text" utilizing any Trademarks; (e) engage in any activities through or in connection with this Website that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or (f) engage in any activity that interferes with a user's access to this Website or the proper operation of this Website. You also agree that, in using this Website, you will not impersonate any person or entity.
COMMUNITY AREAS; CODE OF CONDUCT
DIOSA may elect to offer community features on this Website, such as message or bulletin boards, forums, and chat rooms. In such events, DIOSA will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties on this Website, although DIOSA reserves the right to do so in its sole discretion. DIOSA does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties. As to any information or content that you upload or post to this Website, you represent and warrant to DIOSA that you have the right and authorization to do so without the consent of any third party. You also agree not to upload or post to this Website: (a) infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper content, (b) viruses or other harmful items, or (c) content with a commercial purpose (such as offers to sell products or services or attempts to solicit funds or advertise products or services). DIOSA reserves the right, in its sole discretion, to adopt additional rules in any community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. DIOSA also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings on this Website that violate this User Agreement and to deny access by any user to this Website.
INVESTIGATIONS; COOPERATION WITH LAW ENFORCEMENT; TERMINATION
DIOSA reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, and (e) discontinue this Website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
PRIVACY & SECURITY MEASURES
DISCLAIMERS AND LIMITATIONS OF LIABILITY
This Website may include technical inaccuracies or other errors, and your use and browsing of this Website is at your risk. THIS WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DIOSA DOES NOT WARRANT THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS WEBSITE OR THE MATERIAL CONTAINED ON THIS WEBSITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN DIOSA WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, DIOSA WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
LINKS BY YOU TO THIS SITE
You are granted a limited, non-exclusive, revocable right to create hyperlinks to this Website, so long as: (a) the links are only to the home page of this Website, (b) the links only incorporate text, and do not use any Trademark graphics, (c) the links and related content on your site do not suggest any affiliation with DIOSA or cause confusion among consumers, (d) the links and related content on your site do not portray DIOSA or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purposes.
LINKS ON THIS WEBSITE TO AND FROM OTHER SITES
This Website may contain links to or from third-party sites ("Linked
Sites"), including, without limitation, sites operated by advertisers,
licensors, licensees, and promotional and business partners
of DIOSA. DIOSA has no control over the content of Linked Sites,
and DIOSA does not assume any obligation to review any Linked
Sites. DIOSA does not endorse, approve, or sponsor any Linked Sites,
or any content, advertising, information, materials, products, services, or
other items on or available on or from them, and DIOSA disclaims all
liability in connection therewith. Any activities you engage in connection with
terms imposed by the operator of the Linked Site and DIOSA disclaims
all liability in connection therewith.
BANNERS, AVERTISEMENTS AND PROMOTIONSDIOSA reserves the right to post banners, advertisements, promotions, and similar content throughout this Website. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). DIOSA disclaims all liability in connection with therewith.
A. IndemnityYou agree to indemnify, defend, and hold harmless DIOSA (which includes DIOSA's affiliates) and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Website.
DIOSA may, in its sole discretion, make changes to any aspect of this Website, including, without limitation, any Content, any activities available on this Website, and any products or services offered through this Website.
B. Revisions to this Website and this User Agreement
DIOSA may also, in its sole discretion, revise this User
Agreement by updating or revising this document, with the revised terms taking
effect as of the date of its posting. Continued use of this Website following
the effective date of any such changes constitutes your acceptance of those
C. Operation of Website; Availability of Products and ServicesDIOSA controls and operates this Website from its US headquarters in New York, NY, United States of America. If you use this Website from locations outside of the United States, you are responsible for compliance with applicable local laws. Although DIOSA products and services are available in many parts of the world, this Website may describe products and services that may only be available in the United States of America (or only parts of it) and may not be available worldwide.
If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.
DIOSA is committed to protecting your online privacy when visiting a website operated by us. We do not collect and keep any personal information online from you unless you volunteer it. Please review the information below to familiarize yourself with our policies on website privacy. Please remember that this site and the servers that make this site available are located in the U.S. By using this site you agree to the transfer, collection, processing and use of data by this site.
If you are under 18, please be sure to read this policy with your parents or legal guardians and ask questions about things you do not understand.
DIOSA doesn't require anyone to share any personal information about themselves in order to enjoy our website. That means you can visit our site without any need to register with us. We do not collect any personal information from you unless it is voluntarily provided. The personal information we ask for is usually first and last name, mailing address, phone number and an e-mail address.
DIOSA offers the opportunity to purchase products in our online store. Customers must be over the age of 18 with a valid credit card. When a customer places an order, we collect information associated with the transaction, which will include the customer's name, mailing address, products ordered, shipping address, and credit card information. We ask for this information so that we may fulfill the order. The technology used on the DIOSA Website offers credit card protection during transmission to our website, and we also adopt careful internal procedures to safeguard this information in our system. Customers have the option of registering certain information for future orders while completing their online order. For the customers who choose to register, we will capture their login name, password, name and mailing address, alternate ship-to addresses, and credit card information. When registered customers return to the site to place subsequent orders, they can identify themselves with their login name and password.
When a customer places an order online, we will send a confirming e-mail message. We may also send an occasional e-mail featuring a special promotion or product that may be of interest to customers. Any customer who prefers not to receive an online order confirmation or promotional e-mail should indicate this preference on the online store order form. If you do receive an e-mail from us that you would rather not receive, simply follow the "unsubscribe" instructions included in the e-mail.