OVERVIEW

This website is operated by Pink Banana LLC. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site.

Any new features or tools added to the current store shall also be subject to the Terms. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Wix.com, which provides us with the online e-commerce platform to sell our products and services.

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ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and you have given us consent to allow your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor violate any laws in your jurisdiction. You must not transmit any worms or viruses or any code of a destructive nature. A breach of any of the Terms will result in an immediate termination of your Services.

 

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. Your content (excluding credit card information) may be transferred unencrypted over various networks. Credit card information is always encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission by us.

 

INFORMATION ACCURACY

We are not responsible if information on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

MODIFICATIONS AND PRICES

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

 

PRODUCTS AND SERVICES

Certain products or Services may be available exclusively online. These products or Services may have limited quantities and are subject to return or exchange according to our Refund Policy. We reserve the right to limit the sales of our products or Services and to limit quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice. We do not warrant that the quality of any products, services, information, or other material purchased will meet your expectations.

 

BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household, or per order. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.

 

THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability for any third-party materials or websites.
 

THIRD PARTY TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

USER COMMENTS AND SUBMISSIONS

If you send creative ideas, suggestions, proposals, or other materials, you agree that we may, at any time, edit, copy, publish, distribute, translate, and otherwise use any comments you forward to us. We are under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments. We may monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable.

 

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

 

ERRORS AND OMISSIONS

Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate.

PROHIBITED USES

You are prohibited from using the site or its content for any unlawful purpose, to solicit others to perform unlawful acts, to violate any laws, to infringe upon our intellectual property rights or the rights of others, to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate, to submit false information, to upload viruses or malicious code, to collect personal information of others, to spam, phish, or scrape, for obscene purposes, or to interfere with the security features of the Service. We reserve the right to terminate your use of the Service for violating any prohibited uses.

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WARRANTIES AND LIABILITY

We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time. Your use of the Service is at your sole risk. The Service and all products delivered to you through the Service are provided ‘as is’ and ‘as available’ for your use. In no case shall Pink Banana LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Pink Banana LLC and our affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.

 

SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. This determination shall not affect the validity and enforceability of any other remaining provisions.

 

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

ENTIRE AGREEMENT

These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States of America.

 

USER RESPONSIBILITIES

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

 

INTELLECTUAL PROPERTY

All content included on this site, such as text, graphics, logos, images, and software, is the property of Pink Banana LLC or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Pink Banana LLC and protected by international copyright laws. All software used on this site is the property of Pink Banana LLC or its software suppliers and protected by international copyright laws.

 

CHANGES TO TERMS

You can review the most current version of the Terms at any time at this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and changes to our website. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

 

CONTACT INFORMATION

Questions about the Terms should be sent to us at support@pinkbanananails.com.

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