Terms and Conditions

1. Who we are and when these terms apply

EmberNails is a Swiss association (Verein) operating the EmberNails website. Its postal address is Hirschgraben 10, 6003 Luzern, Switzerland. Further identity and contact details are in the Imprint. The association plans to sell an empty nail polish applicator pen, not nail polish. Buying a product or opening an account does not make you an association member, require a membership fee, or constitute a donation.

These terms cover website use and, once real sales begin, consumer purchases for personal use where these terms are made available and agreed before purchase. They do not retrospectively govern other sales or existing agreements. Individually agreed terms and mandatory legal rights take priority.

2. Accounts and website use

Provide accurate information and keep your sign-in details private. You must have the legal capacity or legally required representative's permission to enter a purchase contract. Tell us if you suspect unauthorised account use. Do not attack the website, attempt to access another person's data, or use it for fraud or unlawful activity.

We may restrict access where reasonably necessary to address misuse or protect security, and explain the restriction where lawful and practicable. This does not remove rights relating to an existing purchase. Website availability may be interrupted for maintenance or technical reasons.

3. Our planned applicator pen

The pen is still a concept. It is intended to make applying your own nail polish easier for full manicures and details. It will be sold empty; nail polish is not included. The final material, filling and cleaning method, and compatible polishes have not yet been established.

Illustrative photographs may differ from the finished pen. Before real sales begin, the product description will state its material, features and what is included. This does not excuse a material difference from the goods agreed at purchase.

Once available, follow the pen's instructions and the instructions and safety information supplied with your own nail polish. Do not assume the pen is compatible with every polish. Report a suspected pen safety issue using the contact details in the Imprint, including the product or batch number if available. These notes do not waive rights for defective or unsafe goods.

4. Ordering and contract formation at launch

Product listings invite you to place an order. You will be able to review the goods, quantity, delivery details, total price, and these terms and correct errors before using a button clearly stating the obligation to pay. Your submission is an offer to buy. An immediate email will acknowledge receipt; a contract is formed when we expressly accept the order by email. A receipt acknowledgement alone is not acceptance.

We will provide the accepted order and applicable terms in a form you can keep. If we cannot accept an order, we will inform you promptly and refund any amount collected. We will not substitute another product or increase the agreed price without your agreement. The current test checkout does not perform this ordering process.

5. Prices, payment, and delivery

Before a real order, the offer will state the currency, total price including applicable taxes and unavoidable charges, delivery charges, accepted payment methods, and payment timing. Additional services require your express agreement. Where import charges are payable separately, this and their amount or calculation basis will be explained before purchase.

Only destinations expressly offered at checkout will be served. Delivery costs and the agreed delivery period will be shown before purchase. If EU consumer rules apply and no other delivery time is agreed, delivery is due within 30 days of the contract. If delivery is late, statutory rights to set an additional deadline, cancel where permitted, and obtain a refund remain available.

We bear the risk of loss or damage until you, or a person you nominate other than the carrier, receive the goods. Please report missing or damaged deliveries promptly so we can investigate; this request does not shorten mandatory claim periods.

6. Cancellation and returns for distance purchases

For covered EU consumer distance purchases, the statutory right of withdrawal applies. We also offer Swiss consumers the same 14-day change-of-mind return arrangement described here voluntarily for distance purchases governed by these terms. Mandatory rights that give you greater protection prevail.

You may cancel without giving a reason by sending a clear statement to the email or postal address in the Imprint within 14 days after you or your nominated recipient receive the goods. For one order delivered in separate parts, the period runs from receipt of the last item. Sending the notice before the deadline is sufficient. Statutory extensions, including where required withdrawal information was not provided, remain applicable. The optional model notice below may be used.

Send the goods back within 14 days after notifying us. You pay the direct return postage only if we informed you of this before purchase; otherwise we pay it. We refund within 14 days of your cancellation notice, but may wait for the returned goods or proof of dispatch, whichever arrives first. Refunds include the original standard delivery charge, use the original payment method unless otherwise agreed, and carry no refund fee. Any extra cost of a premium delivery option you chose is not refunded.

You are responsible only for diminished value caused by handling beyond what is necessary to establish the goods' nature, characteristics, and functioning, and only where legally permitted and the required withdrawal information was supplied.

Opening ordinary packaging alone does not automatically remove your right of withdrawal. An exception for unsealed hygiene goods applies only where the legal conditions are met and you were informed before buying. Rights relating to defects and product safety remain unaffected.

The current contact form cannot send a cancellation notice. A working contact channel and any legally required online withdrawal function must be available when real online sales start.

Optional withdrawal notice

To: EmberNails, at the postal or email address in the Imprint.
I/we hereby withdraw from the contract for the following goods: …
Ordered on / received on: …
Order reference (if available): …
Customer name and address: …
Date: …
Signature (only for a notice sent on paper): …

7. Faulty goods and legal guarantees

Products must meet the agreed description and applicable quality and safety requirements. Contact us about a defect using the Imprint details. In Switzerland, statutory defect remedies under the Code of Obligations apply; we do not exclude those remedies or shorten the statutory limitation period, generally two years from delivery for new goods. Check goods when reasonably possible and notify us promptly of discovered defects as required by applicable Swiss law.

EU consumers retain their legal guarantee of at least two years and any longer protection under applicable national law. Where legally available, remedies include free repair or replacement and, in the circumstances provided by law, a price reduction or termination and refund. We bear necessary costs of resolving a justified defect claim. A manufacturer warranty, if separately offered, supplements these rights.

Ordinary wear or damage caused by improper use does not itself establish a defect. This does not exclude defects present at delivery, inadequate instructions, or rights concerning the product's expected durability.

8. Liability

Liability is governed by applicable law. Nothing in these terms excludes or limits liability for fraud, intentional wrongdoing, gross negligence, death or personal injury where protected by law, defective products under mandatory product liability law, or any other liability that cannot legally be excluded. Following or failing to follow product instructions does not automatically determine or remove legal responsibility.

9. Privacy and content

The Privacy Policy explains personal data processing. Agreeing to these terms is not consent to advertising, optional tracking, or unrelated data use. Website materials are protected where applicable by intellectual property law. You may read, save, and print information about your purchase and these terms; other uses remain subject to applicable rights and statutory exceptions.

10. Swiss law, disputes, and changes

Swiss substantive law governs these terms. Where we direct sales to consumers in another country, this choice does not deprive them of mandatory protections of the law that would otherwise apply, including the law of their habitual residence. Consumers retain all mandatory rights concerning where a claim may be brought; there is no exclusive Swiss court requirement or mandatory arbitration clause.

Please contact EmberNails about complaints using the Imprint details. Contacting us does not prevent you from seeking a legal remedy. If a provision is unenforceable, applicable law governs that issue and the remaining terms continue where legally possible. Updated terms apply to future contracts only; the version agreed at purchase continues to govern that purchase.