Terms of Sale

 

1. Definitions

 

1.1 Unless the terms or context of this contract otherwise provide, all term used in this Terms of Sales shall have the meanings set out below:

 

“Nail Bar Limited”, “we”, “us” or “our” means Nail Bar Limited, an established and existing Limited Liability Company (LLC) under the Laws of Hong Kong (the Basic Law);

 

“This Sale Terms” means the Terms of Sales set out here, including those amended by Nail Bar Limited from time to time. Such amendments shall be deemed to be effective from such time as we post the amended Terms of Sales on our website;

 

“Services” means any beauty services provided by Nail Bar Limited including but not limited to nail care, skin care, hair removal, brow styling, makeup, hair styling etc.;

 

“Membership card” means any “membership card” issued by Nail Bar Limited to you after your purchase of our services;

 

“Service package” means any service packages provided by Nail Bar Limited from time to time in relation to our Services;

 

“Credit card” means any credit cards accepted by Nail Bar Limited, including VISA, Mastercard, AE and UnionPay;

 

“Negligence” is defined by the Control of Exemption Clauses Ordinance (Cap. 71 of the Laws of Hong Kong);

 

“Personal data” means any information that may be used, alone or in conjunction with any other information, to identify a specific individual including, but not limited to, such individual's name, date of birth, mother's maiden name, gender, alien registration number, government passport number, health insurance identification number, demand deposit account number, savings account number, credit card number, debit card number or unique biometric data.

 

“Direct marketing” may include: (i) notifying you regarding products, services, offers and/or events of Nail Bar Limited; (ii) promotions, advertisements, offers, sales, distribution, logistics, and after-sales services; (iii) collaborations and crossover promotions and events and/or offers with other brands; and (iv) reward and loyalty schemes or discounted plans and related goods and services.

 

“Hong Kong” means the Hong Kong Special Administrative Region of the People's Republic of China;

 

“you”, “yourself” or “your” means you, the customer, or any person who purchases goods and services from Nail Bar Limited.

 

1.2 The title of this Terms of Sales is for reference only and does not affect the explanation of this Terms of Sales. Unless otherwise specified, terms, paragraphs, appendixes, and sub-terms mean the terms, paragraphs, appendixes and sub-terms included in this Terms of Sales.

 

1.3 Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

1.4 “Nail Bar Limited”, “we”, “us” or “our” and “you”, “yourself” or “your” are to include the respective legal subsidiary or successor from the above named parties.

 

2. Scope of Application

 

2.1 This Terms of Sales is applicable to any goods and Services, service packages, or any membership related issues. The “Terms of Sales” listed on the membership card application form and membership card refer to this Terms of Sales. When you submit your membership card application form or purchase any goods or services from Nail Bar Limited, you agree that you accept and agree to abide by this Terms of Sales with a legal binding effect. If you do not agree to any of the stated terms listed in this Terms of Sales, please do not submit the membership card application form or make any payments in relation to the purchase of any of our goods and Services.

 

2.2 The sales and purchase of any goods and Services affiliated with Nail Bar Limited are regulated by this Terms of Sales at all times under any conditions.

 

3. Confirmation and Commitment

 

3.1 You hereby declare and/or commit that you:

 

(a) Are of 18 years old;

 

(b) The documents provided by you (including but not limited to the membership card application form) and the contents are complete and without error or fault, and commit to providing us with the relevant information as stated in this Terms of Sales;

 

(c) Are healthy, and are not allergic to any of the chemicals used or involved in our goods or Services;

 

(d) Have not consumed any alcohol or drugs within 24 hours prior to receiving any Services at Nail Bar Limited;

 

(e) Were by no means lured or forced to purchase any goods or Services and/or join our membership.

 

(f) Are purchasing the goods or Services for yourself, and not for anyone else or for other commercial purposes;

 

(g) Did not express or imply that the purchase of our good and Services is for a particular purpose;

 

(h) Will not eat or drink inside any of our shops (except for those coffee or drinks provided by us) so as to maintain a hygiene standard.

 

3.2 You will be assumed to have once again declared the above items listed under 3.1 to be true every time when you purchase our Services.

 

4. Membership and Service Packages

 

4.1 After you submit your membership card application form and have purchased our goods or Services, we will issue you with a membership card. To avoid doubt, we have the absolute discretion to decide to whether we will accept your application, or issue you with a membership card, as well as the type of membership card and the discounts you may enjoy.

 

4.2 Without contradicting 4.1, we have the absolute right to reject to accept your application without any liability under the following situations:

 

(a) The transaction was rejected by the relevant bank that issued your credit card, leading to an unsuccessful transaction (or part of the transaction);

 

(b) The purchase was not completed in full, for any reason; and/or

 

(c) We are unable to process your application

 

4.3 Your membership and membership card can only be used by you and is non-transferable.

 

4.4 Any purchased service packages are non-exchangeable for other packages or Services. The paid fees are non-refundable whether in full or in parts under any circumstances. No interest will be paid for any fees or purchased Services in advance.

 

4.5 Any pre-settled discounts are only applicable upon presentation of a valid membership card. Otherwise, the original price should be paid. The prices listed in our price list are final.

 

4.6 All service packages must be redeemed at one of our shops. If your membership card is lost, the pre-settled discount is only applicable at the shop where the service package was purchased.

 

4.7 We reserve the right not to provide the related service package or any Services under the following circumstances, and that you will be assumed to have forfeited the respective number(s) of services in your package:

 

(a) You fail to produce any proof of identity upon your arrival at any of our shops; and/or

 

(b) You fail to produce the receipt and/or proof of purchase of your service package upon request.

 

 

4.8 You are required to redeem your service package in full by the end of the following stated time frame, any non-redeemed Services are automatically forfeited once past the due date:

 

(a) For a one-time purchase of a magic 6 service package, the service package must be consumed within 6 months from the date of the first session (the final day of the period is not included);

 

(b) For a one-time purchase of a 12-session service package, the service package must be consumed within 12 months from the date of the first session (the final day of the period is not included);

 

(c) For a one-time purchase of an HKD 7000-worth leisure service package, the service package must be consumed within 12 months from the date of the first session (the final day of the period is not included);

 

(d) For a one-time purchase of a VIP8000-worth package, the service package must be consumed within 12 months from the date of the first session (the final day of the period is not included);

 

(e) For a one-time purchase of a VIP14000-worth package, the service package must be consumed within 16 months from the date of the first session (the final day of the period is not included);

 

(f) For a one-time purchase of a 24-session service package, the service package must be consumed within 24 months from the date of the first session (the final day of the period is not included);

 

(g) For a one-time purchase of a VIP22000-worth package, the service package must be consumed within 25 months from the date of the first session (the final day of the period is not included);

 

(h) For a one-time purchase of a VIP38000-worth package, the service package must be consumed within 36 months from the date of the first session (the final day of the period is not included);

 

(i) For a one-time purchase of any gift voucher and/or coupon, the service package must be consumed within 3 months from the date of the first session (the final day of the period is not included) or redeemed for any regular-priced goods;

 

 

4.9 In order to re-activate any expired services and/or vouchers, you must first finish consuming your newly purchased service packages as described below, then use your re-activated services and/or vouchers. Any re-activated vouchers do not carry any value themselves, and cannot be further re-activated in the future:

 

(a) For a one-time purchase of a magic 6 service package, the service package along with the re-activated service vouchers must be consumed within 6 months from the date of the first session (the final day of the period is not included);

 

(b) For a one-time purchase of a 12-session service package, the service package along with the re-activated service vouchers must be consumed within 12 months from the date of the first session (the final day of the period is not included);

 

(c) For a one-time purchase of an HKD 7000-worth leisure service package, the service package along with the re-activated service vouchers must be consumed within 12 months from the date of the first session (the final day of the period is not included);

 

(d) For a one-time purchase of a VIP8000-worth package, the service package along with the re-activated service vouchers must be consumed within 12 months from the date of the first session (the final day of the period is not included);

 

(e) For a one-time purchase of a VIP14000-worth package, the service package along with the re-activated service vouchers must be consumed within 16 months from the date of the first session (the final day of the period is not included);

 

(f) For a one-time purchase of a 24-session service package, the service package along with the re-activated service vouchers must be consumed within 24 months from the date of the first session (the final day of the period is not included);

 

(g) For a one-time purchase of a VIP22000-worth package, the service package along with the re-activated service vouchers must be consumed within 25 months from the date of the first session (the final day of the period is not included);

 

(h) For a one-time purchase of a VIP38000-worth package, the service package along with the re-activated service vouchers must be consumed within 36 months from the date of the first session (the final day of the period is not included);

 

 

4.10 We will be unable to provide the full set of Services and reserve the right to deduct the respective number of sessions from your purchased service packages under the following circumstances:

 

(a) When you have already finished consuming your service package;

 

(b) If you fail to call the shop by phone where you have reserved your service session 4 hours in advance of your scheduled appointment to cancel or re-schedule (if the time frame falls out of the business hours of the shop, this term would apply to the working day preceding the day of the scheduled appointment).

 

(c) You fail to show up at the time of your scheduled appointment;

 

(d) You fail to show up at the shop within the first 30 minutes of your scheduled appointment;

 

4.11 You agree to observe the business hours of each of our shop as well as our shop operation guidelines which are updated regularly. No appointments can be made one hour in advance of the respective closing hours of our shops.

 

4.12 Although we strive to meet your booking time requirements, we are unable to guarantee that your booking time and preferred shop can be offered. All appointments are made on a first-come-first-serve basis.

 

4.13 We reserve the right to assign our staff to provide you with your purchased Service or service packages. In any case where the assigned staff is unavailable for any reason, you will still be able to choose from other available staff at the shop, and this shall not be a valid reason or ground for any complaints and/or refund requests.

 

4.14 The sales contract for any Service or service packages between Nail Bar Limited and you as the customer is valid for redemption at any of our shops within the stated contract period. In the case of shop relocation or closure, you are still entitled to redeem your Services or service packages at other shops, and this shall not be a valid reason for any complaints and/or refund requests.

 

4.15 Arrangements for storage of Personal Nail Care Tools

 

(a) We offer free storage for personal nail care tools if you hold a valid service package at a selected Nail Bar Limited shop. When you sign the sales contract, you acknowledge that we shall not in anyway be held liable for any damaged or lost stored tools within the storage period.

 

(b) The free storage of personal nail care tools is only available for the holders of / members with valid service package. If the service package has already expired, you are entitled to an additional 3 months free storage period, after which the stored tools will be at the disposal of our discretion, and no further notice will be given thereafter.

 

 

5. Disclaimer and Compensation Statement

 

5.1 You confirm that you agree that any resulting liability, litigation, claim, compensation, cost and/or fees (including but not limited to deaths and/or injuries) from the following incidents are not to be associated with us and we shall not be in anyway held liable:

 

(a) Not caused by our (or our staff’s) negligence;

 

(b) Any disease, injury or disability to include deaths and other deteriorating conditions, caused by your age, mental and health conditions;

 

(c) If you hold back on or make any false statements regarding the following, before starting consuming your purchased Service or service packages:

 

i. You are allergic to any of the chemicals used or involved in our Services;

 

ii. You have consumed alcohol and/or drugs 24 hours prior to receiving our Services.

 

(d) Any unavoidable, natural occurrence and/or reasonable inference during the Services, including but not limited to any abrasion and/or loss to your nails, skin and other related body parts.

 

5.2 You confirm that you agree that for any resulting liability, litigation, claim, compensation, cost and/or fees (including but not limited to deaths and/or injuries) from the following incidents we shall not be in anyway held liable (depending on the actual situation) even if caused by our (or our staff’s) negligence:

 

(a) You (or any of your related accompanying parties) fail to follow our guidelines and/or instructions to avoid any preventable actions, leading to the above captioned results;

 

(b) You (or any of your related accompanying parties) handle, move or in any way touch or affect the positioning of our furniture or decorations either belonging to us and/or situated in our shops, without our permission;

 

(c) Resulting from any inappropriate actions, mistakes, carelessness or negligence, from you (or any related accompanying parties);

 

(d) If we (or our staff) have already taken every reasonable measure to prevent the above captioned incidents from happening;

 

(e) If it would have been impossible for us (or our staff) to take any additional preventive measures considering the incident; and/or

 

(f) Any responsibility exempted in full or in parts according to fair and reasonable principles.

 

5.3 In any case including our (or our staff’s) negligence, we shall not be responsible for any liability, litigation, claim, compensation, cost and/or fees that exceed the amount payable for purchasing the service or service package, except for any resulting deaths and/or injuries.

 

5.4 There will not be any refund arrangements in any case. However, in the exception that you are medically advised not suitable to continue with our Service as you are seriously ill, pregnant or involved in any serious accidents, we will consider your refund on a case by case basis if we are provided with valid medical documents as evidence from licensed medical professionals in Hong Kong. The refund amount will be that of the already consumed sessions deducted from the total paid amount. In any case, the refund amount will not exceed that of total amount paid when the service package was purchased.

 

5.5 Unless otherwise stated in this Terms of Sales, our legal liability and responsibility are only limited to verified and confirmed compensatory damages. We shall also not be held liable legally for any of the following incidents under any case:

 

(a) Any loss resulting or related to profit, revenue, contract, sales, expected savings, business reputation, and reputation loss and/or damage;

 

(b) Indirect or corresponding loss; and/or

 

(c) Any form of non-compensatory damage.

 

5.6 Our legal liability, responsibility, and any restrictions or exemptions are also applicable to our employees, dealers, agents or representatives. Therefore, the total amount of compensation from us, our employees, dealers, agents and representatives shall not exceed the total legal liability limits as outlined by this Terms of Sales.

 

5.7 Any terms or conditions in this Terms of Sales shall not exclude or forfeit our legal responsibility and liability exemption as offered to us by the Laws of Hong Kong. We reserve our rights to include but not limited to sharing the responsibility and compensation with any third-parties.

 

6. Compensation statement

 

6.1 You hereby agree and commit to compensating us (including our directors, employees and other representatives) at all times if any liability, litigation, claim, compensation, cost and/or fees (to include Attorney’s fee) arise from the following situations:

 

(a) You are in breach of any of this Terms of Sales;

 

(b) You hold back on any information or make any false statements;

 

(c) Due to your negligence;

 

(d) You (or any of your related accompanying parties) fail to follow our guidelines and/or instructions to avoid any preventable actions;

 

(e) You (or any of your related accompanying parties) handle, move or in any way touch or affect the positioning of our furniture or decorations either belonging to us and/or situated in our shops, without our permission;

 

(f) Any responsibility in full or in parts as deemed appropriate according to fair and reasonable principles.

 

7. Force Majeure Clause

 

7.1 If any uncontrollable, unpredictable, unpreventable incidents (Force Majeure or Act of God) arise, we are not required to timely respond to any actions as outlined by this Terms of Sales and shall not to be held liable for not doing so. The above Force Majeure incidents shall include but not limited to earthquakes, typhoons, rainstorm, flooding, tsunami, power outage, hacker attacks, terrorist attacks, fire disasters, or other natural disasters, war, riots, disturbances, strikes, governmental ban and/or similar or related incidents.

 

8. Protection of Personal Information

 

8.1 Any collected personal information may be used by Nail Bar Limited for the following purposes:

 

(a) Handling, implementing, and executing our responsibility and obligation as outlined in this Terms of Sales;

 

(b) Direct marketing;

 

(c) Keeping in touch with you;

 

(d) For our internal business, statistics, investigation, and administration;

 

(e) Any purpose as outlined or intended or inferred by this Terms of Sales;

 

(f) Any purpose as related to the above items (a) to (e).

 

8.2 Collecting personal information for direct marketing

 

(a) We confirm that we will not collect excess personal information, and will only collect any necessary information required for purposes as outlined above in Term 8.1;

 

(b) The usage of your collected personal information is classified as mandatory or voluntary. If the collected personal information is used for mandatory purposes, these are indicated as “mandatory items” on the membership application form. Otherwise, you are free to decide for yourself if you would like to provide the other information as determined to be voluntary.

 

8.3 Using personal information for direct marketing

 

(a) We intend to use your personal information for direct marketing;

 

(b) We will not use your personal information unless we have obtained your verbal or written consent (including any indication of no objection or unopposed indication). We will issue a written confirmation to you within 14 days after you have given your verbal consent;

 

(c) You hold the final decision to withdraw your personal information for usage in direct marketing by informing us at any time. There will be no fees or charges associated with the withdrawal.

 

8.4 Disclosure of personal information

 

We thrive to take every possible necessary precaution in protecting and ensuring the confidentiality of your personal information. This is with the exception of the following situations where we may pass your personal information to a third-party.

 

(a) Handing over to our staff, employee, agent, contractor, and/or other third-parties to handle our administrative duties and/or carry out our responsibilities as outlined in this Terms of Sales;

 

(b) Handing over to our auditor, attorney, or other consultants;

 

(c) Handing over to a third-party intending to acquire our company;

 

(d) Handing over to a third-party with a duty of confidentiality to our company;

 

(e) Handing over to a third-party for direct marketing purposes, either for the third-party alone, or in cooperation with us, however:

 

(i) Unless you have given your written consent (to include a no objection statement), we will not transfer your personal information to a third-party for direct marketing;

 

(ii) You hold the final decision to withdraw your personal information for usage in third-party direct marketing by informing us at any time. There will be no fees or charges associated with the withdrawal.

 

8.5 Security of Personal Data

 

Except the above stated in Term 8.4, and those exempted by the Law of Hong Kong, only those authorized staff or agents will be able to browse your personal data (regardless of how the personal data is stored). We will take the appropriate measures to ensure that your personal data has been stored confidentially and safely, as well as ensuring the reliability of the staff tasked with browsing and reviewing your personal data.

 

8.6 Right to review and edit personal data

 

You reserve the right to request to review and/or edit your personal data collected by us anytime. You also reserve the right to request us to delete yourself and/or your personal data from our mailing list at any time.

 

You are entitled to contacting us by any means as listed in Section 9 below. We may ask you some security questions to confirm your identity before distributing your personal data. We will respond to your request within 40 working days, however we may also charge a reasonable administration fee associated with your request.

 

8.7 Confidentiality of Personal data

 

We will only store your personal detail if deemed necessary, otherwise it will be destroyed at our earliest convenience.

 

8.8 To ensure the standard of our service, we reserve the right to voice-record every call for our internal documentation and records, as well as for usage as evidence should any complaints or legal litigation arise in the future.

 

9. Notice

 

9.1 Any notice, requests, legal papers, documents or other related notices, that are issued according to this Terms of Sales, should be written in English or Chinese, and either delivered, mailed, or sent through fax (if applicable), or email.

 

9.2 The confirmation of successful delivery of all notices will be sent within the following timeframe after our office has received the notice, respective to the delivery medium:

 

Local mail and/or express mail: 24 hours

 

Fax/Email: Immediately once sent

 

Air express mail: 3 days

 

Air mail: 5 days

 

9.3 Nail Bar Limited communication contacts are as following:

 

Address: 9/F, On Lan Centre, 11 On Lan Street, Central, Hong Kong Island, Hong Kong SAR Fax / Email: 28908599 / cs@nailbar.com.hk

 

Recipient: Customer Services

 

9.4 Your preferred mean(s) of contact is your provided phone number and/or email address.

 

9.5 This term does not restrict the delivery of any notice, or confirmation of delivery of notice by other mean(s) as permitted by the Laws of Hong Kong.

 

10. Other Terms and Conditions

 

10.1 This Terms of Sales is the final contract between you and us. There shall not be any modifications to this Terms of Sales without the formal written consent from us. We reserve the right to give a written notice of modification to this Terms of Sales 14 days in advance. The modifications will be deemed effective 14 days after the notice has been issued.

 

10.2 You confirm that you agree to the listed responsibilities and obligations of Nail Bar in this Terms of Sales as related to our Services and service packages. This Terms of Sales clearly states that this Terms of Sales replaces and overrides any other form of guarantee, terms, promises and/or statements (regardless of explicitly expressed or implied). In any case, this Terms of Sales is final in case of any dispute.

 

10.3 All terms in this Terms of Sales are independent and severable. If any individual clause or terms are held to be illegal by the Law of respective local area, this would not affect the rest of the clauses or terms present in this Terms of Sales and those should still apply. In case of legal dispute, both parties can negotiate and agree on abandoning the specific related clause.

 

10.4 This Terms of Sales is construed and governed by the Laws of Hong Kong.

 

10.5 You agree to be governed by Hong Kong Judiciary, this however will not affect us from filing any lawsuit, litigation, claims against you outside of the Hong Kong Judiciary. It may also be possible to file lawsuits, litigation, and claims against you at the same time or at different time frames under one or more Judicature if deemed appropriate.

 

(Last updated: 16 October 2019)