Terms and Conditions
CONTENTS
- About us
- Terms and conditions of website
- Terms and conditions of sale
- Terms and conditions of gift vouchers
- Terms and conditions of customer ratings & reviews
- Terms and conditions of Couture
ABOUT US
Welcome to the Only Fingers and Toes Limited website. This website is owned by Only Finger and Toes Limited, a company registered in England and Wales with company number 07966291 whose registered office is 23 Hanover Square, London England W1S 1JB. Our VAT number is 156649574. We use the terms “we”, “our” and “us” throughout our terms and conditions and our customer service pages to refer to Only Fingers and Toes Limited.
TERMS AND CONDITIONS OF OUR WEBSITE
We sell our products to you subject to the terms and conditions listed here. Please read them carefully before using the website. By using our website, you signify your agreement to be bound by these terms and conditions. If you do not agree with these terms and conditions, you should not use our website.
PRIVACY POLICY
Privacy Policy can be found here. Our privacy policy supplements these terms and conditions and by using our website, you will be deemed to have read and accepted our privacy policy.
ACCESS TO WEBSITE CONTENT / COPYRIGHT
Unless otherwise noted, the design and content featured on our website are all intellectual property that is owned, controlled or licensed by us. The website is intended solely for your personal non-commercial use. Any use of our website and its content for purposes other than personal non-commercial use is prohibited without our prior written permission. Any person is authorised to view, copy, print and distribute content on our website subject to the following conditions: the page is used only for information and non-commercial purposes; and that any copies of, or extracts from, the website must include this copyright notice.
You may not systematically extract and/or utilise parts of the content of our website and in particular, you may not utilise any data mining, robots or similar data gathering and extraction tools to extract (either once or many times) for re-utilisation of any parts of this website without our prior written permission. You may not create and/or publish your own database that features content on this website (e.g. our prices and product listings) without our prior written permission.
You are granted a limited and non-exclusive right to create a hyperlink to the homepage of onlyfingersandtoes.co.uk as long as the link does not portray us in a false, misleading, derogatory or otherwise offensive matter. You may not use any of our logos or other proprietary graphic or trademark as part of the hyperlink without our prior written permission.
Please be aware that each of the various trademarks, product names, company names and corporate identities represented on our website are our property and are not to be reproduced or used without our express permission.
YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
We reserve the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, you will not be charged.
WEBSITE ERRORS
We endeavour to present the most recent, most accurate, and most reliable information on our website at all times. However, there may be occasions when some of the information featured may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologise if erroneous information is reflected in merchandise price or item availability. We try to ensure that all pricing on the website is accurate, but occasionally an error may occur and goods may be incorrectly priced. If we discover that a pricing error has been made, we reserve the right to suspend your order and contact you to ask whether you wish continue with the order at the correct price. We will not be obliged to supply goods at the incorrect price. We present our content ‘as is’ and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice.
WEBSITE ACCESS
Given the unpredictability of technology and the online environment, we do not warrant that the function or operation of our website will be uninterrupted or error-free, that defects will be corrected or that this site or the server that makes it available will be free of viruses or other harmful elements. Also, your access to the website may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. As a visitor to, and user of this website, you must assume full responsibility for any costs associated with the servicing of equipment employed in connection with your use of our site. In effect, you agree that your access is undertaken at your own risk and it is your responsibility to ensure that you have the right equipment and software to safely access our website. We shall not be liable for damages or losses of any kind that you may incur from your use of or inability to access this site.
WEBSITE CHANGES
Our goal is to keep this website fresh and exciting. We create timely editorial to replace content that becomes out-dated or out-of-season and move and expand portions of the site. We cannot guarantee that something you may have seen on a previous visit will still feature on our website when you visit again. We reserve the right to make changes to the website without prior notice.
PRODUCT DISPLAY
We have made every effort to display the products featured as accurately as possible. However, the colours we use, as well as the display and colour capabilities of the equipment you use to view our site, may greatly affect the colours you actually see on the screen. We cannot be held responsible for any limitations of the equipment you use to view our site and cannot guarantee that your equipment’s display of any colour, texture, or detail of merchandise will be accurate/the same as the actual product.
PRODUCT AVAILABILITY
Many (but not all) of our featured items are also available in our stores in limited quantities and because of their limited availability, stock may not be replenished. Please note that not all stock will be available in all of our stores and we recommend that you telephone the relevant store to check availability of the product before making a visit.
GIFT MESSAGES
- If you order a product or service as a gift for a friend or relative, we may offer you the opportunity to add a gift message to your purchase. If you choose to use the gift message service, you acknowledge and agree that:
- the gift message service is provided for your own personal and non-commercial use only;
- the gift message you instruct us to send on your behalf to a third party will not contain anything which could be construed as harassing, threatening, vulgar, abusive, obscene, defamatory, racist or which may cause embarrassment or distress to any person or which is otherwise unlawful or objectionable;
- you will not impersonate any person, including but not limited to any of our employees or customers;
- you are entirely responsible for the text and other content of your gift message and we accept no liability for any such content;
- we do not pre-screen messages, but may monitor content from time to time for the purpose of guarding against unlawful or inappropriate gift message; and
- we have the right to refuse to send messages and to terminate access to the gift message service at any time and without liability to you.
VAT
All prices shown include the applicable VAT rate. If your order is being delivered outside the EEC you will be charged VAT which can be reclaimed through HM Revenue and Customs. We will be pleased to provide any additional documentation you may require, such as a VAT invoice. However, the order confirmation email will act as a receipt. Please contact us at [email protected]
COMPLAINTS
Complaints should be made by e-mail to [email protected] and will be acknowledged within 2 working days. Your complaint will be dealt with fairly and confidentially and we will keep you fully informed of the progress.
TERMS AND CONDITIONS OF SALE
Some of our products and services have supplementary terms and conditions and these should be read in conjunction with the terms and conditions of sale below. These supplementary terms and conditions are:
1. Terms and conditions for gift cards
ACCEPTANCE OF YOUR ORDER
Please note that completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order will take place only when we despatch the product(s) or commencement of the services that you ordered from us.
If you supplied us with your email address when entering your payment details (or if you have a registered account with us), we will notify you by email as soon as possible to confirm that we have received your order.
All products that you order through the Website will remain our property until we have received payment in full from you for those products.
During the checkout process, you will be asked to complete your payment details. All fields indicated as compulsory must be completed. Please note that we will collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy Policy.
All card payments are subject to authorisation by your card issuer and we take payment when we accept your order shortly before despatch.
If we cannot supply you with the product or service you ordered, we will not process your order, inform you of this in writing (including e-mail) and, if you have already paid for the product or service, refund you in full as soon as reasonably possible.
PROMOTIONAL CODES
We cannot retrospectively apply a promotional code to your order. If you place an order without correctly applying the promotional code, we will be unable to reimburse you the discount once the order has been placed. If you are having any difficulties in applying a promotional code or believe the code to be faulty, please contact our customer services team on
SALE OFFERS
Sale offer items are subject to availability, while stocks last. Sale items offers cannot be used in conjunction with any other promotions: gift with purchase, free delivery, and promotional codes
OFATWORLD CLUB
The OFATWORLD CLUB membership is valid for 12 months at a cost of £5.
As a member you will get a 10% discount off full-priced items, however it excludes sale items and gift cards.
OFATWORLD CLUB is not valid in conjunction with any other offer. The OFATWORLD CLUB birthday gift will consist of a promotional code sent to you via email on the 1st of your birthday month, which will entitle you to £5 off full priced Only Fingers + Toes items. This excludes sale items and gift cards.
If you joined OFATWORLD CLUB during your birthday month, then you will receive the birthday gift email on the 1st of your birthday month in the following year.
OFATWORLD CLUB TERMS AND CONDITIONS
As a OFATWORLD CLUB member you will get 10% off all products when you shop online at www.onlyfingersandtoes.co.uk The 10% discount is valid on full priced products only and excludes sale items and gift cards. The 10% discount is not redeemable against delivery charges.
When you log into your account you will see the special OFATWORLD CLUB prices. If you log in at checkout, the 10% discount will show in your basket.
The joining fee is non-refundable. This will be sent to you via Royal Mail Second Class delivery, unless you order the OFATWORLD CLUB membership with other items. In this instance your nail polish gift will be sent with your order. Your polish gift shade is pre-selected by Only Fingers + Toes and cannot be exchanged. You will also receive a birthday gift that will be emailed to you in your birthday month. No cash alternative is available for OFATWORLD CLUB gifts, OFATWORLD CLUB points or birthday gifts. Membership of the OFATWORLD CLUB scheme is valid for 12 months. We will email you to let you know when your expiry date is approaching.
A maximum of 15 OFATWORLD CLUB points can be redeemed with any single order; however, unlimited points can be collected. Any points that are not redeemed within the 12 month membership period will be lost. Please note if you decide to renew your membership for another 12 months, points from a previous membership cannot be carried over.
OFATWORLD CLUB points cannot be used to purchase sale items. OFATWORLD CLUB points cannot be collected through purchasing sale items.
By becoming an OFATWORLD CLUB member you are allowing us to contact you by email with details of promotions, offers and new product launches.
PAYMENT PROBLEMS
If, for any reason, there is a problem with collecting payment from your credit / debit card or other chosen payment method after we have confirmed receipt of your order, we will not be obliged to despatch your order. Additionally, on some occasions, we may be unable to process an order. This may be due to: the item being out of stock or no longer available, your payment being declined, our identification of a pricing error or product description error or an unspecified technical error. If you are sure you are using a valid form of payment, please try again or use a different payment method.
When payment details are provided to us and payment is not made by yourself via our secure real time credit card transaction facility, we will not process the payment until we know that the order is in stock.
SECURITY CHECKS
As part of our policy to protect against the fraudulent use of credit / debit cards, we conduct security checks on all orders received. These checks can take various forms and may involve contacting you by telephone before we process your order. We also procure the services of various credit rating and fraud prevention companies and we may share details of your order with them for the sole purpose of detecting and preventing fraudulent use of your payment cards (in line with our Privacy Policy).
DELIVERY
We have a range of delivery options and timescales and charges will vary dependent on the delivery option chosen. Full details can be found in our delivery page
Risk in the products (e.g. damage or loss to the products) will remain with us until we deliver the goods to the address specified in your order when the risk will pass to you immediately.
In the event of delivery not being possible within 14 days (UK) of receiving the order, we will undertake to keep you informed of any changes and give you the option to cancel the order and receive full refund of monies paid.
When items are in stock delivery can be expected within 2 – 5 working days of placing an order. Deliveries are only made within the UK and Northern Ireland.
Please note we do not dispatch and delivery on Bank holidays, Saturdays and Sundays.
When the order is not in stock we will first find out an approximate delivery date, you will then be contacted with this information and you will have the choice to either cancel your order with a full refund of any monies paid or you may choose to continue with your order. We will also offer an alternative product where possible.
FREE DELIVERY
Free standard delivery is available on orders of £40 or more with a UK delivery address.
NON-UK DELIVERY (AT PRESENT THIS IS ONLY TO THE REPUBLIC OF IRELAND)
Deliveries outside the UK are subject to customs, legal, regulatory and certain practical restrictions. To comply with local legislation, you or the recipient may be required to pay additional taxes, fees or levies; import duty or formal customs entry may apply to all products purchased from us. Please ensure that you enter the correct international delivery address and postcode. If the address is entered incorrectly or if customs duties or formal customs entry are required, the delivery may be delayed. We are unable to offer you any assistance if either issue arises.
Purchases will be completed in pounds Sterling. Your bank or credit card provider will determine and apply the then current exchange rate and may charge you administration costs. Please contact your bank or credit card provider before making a purchase to ensure you are aware of any such costs.
The cost to deliver to the Republic of Ireland is £12.95.
CANCELLATION
You may cancel your order immediately after placing it by calling our customer services team on 0208 544 4141, Monday to Friday 9am – 6pm. If your products have already been dispatched, you can cancel your contract from the time it is placed and within seven working days after the day of receipt of your goods for a full refund (excluding any delivery charges if applicable) by following our Refund policy.
You may cancel your contract in respect of the following goods provided that they have not been opened or used and any seals on the product remain unbroken.
The following items have restrictions on whether they can be cancelled:
1. Gift cards – cannot be exchanged or refunded.
If you wish to return your order outside of the cancellation time period specified above please refer to our Refund Policy.
Where you have failed to take reasonable care of the goods, we reserve the right to refund you in full, less any amounts due by way of compensation to either repair the goods or to cover any loss.
REFUND POLICY
We want you to be happy with every purchase you make. Accordingly, you may inspect the items you buy as if you were in one of our stores. However, whilst you are deciding whether to keep your purchases, you do have a statutory duty to take reasonable care of our goods. Therefore, please do not damage the items whilst you inspect them (this also includes the packaging where it forms part of the goods, for example, boxed gifts and gift items). You must ensure that you return the original undamaged packaging along with the item/s you wish to return.
Where you have failed to take reasonable care of the goods, whether whilst in your possession or when returning them, we reserve the right to refund you in full less any amounts due by way of compensation to either repair the goods or to cover any loss.
If you wish to return any items purchased from our website you may do so:
within 7 days to our Head Office address from the day you receive the goods and we will refund you in full (excluding any delivery charges) via the original payment method used. An email will be sent confirming the refund. It will be your responsibility to cover the cost of returning the goods and also ensuring that the goods are adequately packed. Please send it to Only Fingers and Toes Limited, 23 Hanover Square, London, W1S 1JB with a copy of your original delivery note, your order number, contact details and if you would like a refund or an exchange. Please note any items sent by Royal Mail need to be declared as dangerous goods.
With the exception of faulty or damaged goods, if you return your purchase by post or courier after the 7 day period, we reserve the right to not offer you a refund in full. We will instead return your purchase to you and prior to sending it out, we will charge you the delivery fee that is applicable to the product purchased and the location to which your returns will be delivered.
Please note: items can only be returned within our refund policy providing it is in its original condition (including the packaging where it forms part of the goods, for example, boxed gifts and gift items) have not been worn, opened or used and any seals on the product remain unbroken.
Where special conditions are attached to your purchase/order, this refund policy will not apply and the special conditions will take priority.
No refund or exchange will be given without a receipt or other proof of purchase.
Where promotional discounts are applied to orders, the discount will be applied to each item in the basket. In the event of a return, you will not be refunded the discounted proportion.
Delivery charges will only be refundable in the case of items that are faulty, damaged upon delivery or incorrect.
Our refund policy does not affect your statutory rights in respect of faulty or damaged goods.
FAULTY GOODS
If an item is found to be broken or faulty on receipt, please contact us by phone or email. You can choose either to receive a replacement item or to receive a refund.
NON-RETURNABLE PRODUCTS
Only Fingers and Toes Gift Cards and ‘free’ items cannot be returned within the terms of our refund policy. Other items may be added to this list from time to time.
This does not affect your statutory rights in respect of faulty or damaged goods.
EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control. This condition does not affect your statutory rights.
LIABILITY
To the fullest extent possible under applicable law, we disclaim any and all warranties of any kind whether express or implied, in relation to our website, goods and services. This does not affect your statutory rights in relation to faulty or damaged products or your contract cancellation rights.
We will not be liable, in contract, tort (including without limitation, negligence), pre-contract or other representations (except for fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for: any economic loss (including without limitation loss of revenues, profits, contracts, business or anticipated savings); any loss of goodwill or reputation and any special or indirect losses suffered or incurred arising out of or in connection with the provisions of any matter under these terms and conditions.
Nothing in these terms and conditions will limit our liability for death or personal injury resulting from our negligence or that of our servants, agents and employees.
WAIVER
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
SEVERENCE
If any of these terms and conditions are found to be illegal, invalid or unenforceable, then that provision shall be deemed to be severed from the terms and conditions and shall not affect the validity or enforceability of the remaining provisions.
UPDATES AND AMENDMENTS
These terms and conditions may be updated or amended from time to time to comply with law or where our business or website requires such change without any notice to you. Updates and amendments will be posted to our website.
GOVERNING LAW AND JURISDICTION
These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts in the event of any dispute arising from these terms and conditions. All contracts are concluded in English.
TERMS AND CONDITIONS FOR GIFT CARDS
GIFT CARDS
- Only Fingers + Toes gift cards are redeemable against any merchandise or specific stated service in UK & Northern Ireland Only Fingers and Toes Nail Spas and concessions . At present they cannot be used on the website.
- Gift Cards cannot be exchanged for cash. For purchases in store, where Gift Cards offered have a greater value than the goods being purchased, no change will be offered.
- Gift Cards must be submitted upon redemption in store.
- Gift Vouchers will expire within 6 months from date of issue. Gift cards presented after their expiry date will be treated as void and are non-exchangeable and non-refundable.
- Please treat Gift cards as cash in terms of security. Gift cards cannot be replaced if lost, stolen or damaged.
- Gift cards are void if they are damaged, duplicated, defaced or past the 6 month expiration.
- Gift cards cannot be returned or refunded, except in accordance with your legal rights.
- Only Fingers and Toes reserves the right to refuse to accept a Gift Card which it deems to have been tampered with, duplicated, damaged or which otherwise is suspected to be affected from fraud.
- Only Fingers and Toes reserves the right to change any of these terms and conditions from time to time without notice and to take appropriate action including cancellation of the card if, at its discretion, it deems such action necessary. Gift Cards are issued by us.
TERMS AND CONDITIONS FOR CUSTOMER RATINGS AND REVIEWS
By accessing, browsing, using, registering or contributing to our website and any other area of our website where you can post submissions or reviews or ask questions you confirm that you have read, understood and agree to the following terms. If you do not agree to these terms in their entirety, you must not use this website.
OWNERSHIP OF SUBMISSIONS
Other than personal data which is subject to our Privacy Policy all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to Only Fingers and Toes on or through the website or otherwise disclosed, submitted or offered by you (collectively, “Submissions”) shall become and remain the property of Only Fingers and Toes once submitted. You must comply with the content standards set out in these terms. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines.
SOCIAL NETWORKING SITES
These terms also govern any Submissions you make on any Only Fingers and Toes related third party website or page such as our Facebook page, Twitter, YouTube or social networking site. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of Only Fingers and Toes Limited or its employees and Only Fingers and Toes Limited is not responsible for any such content.
A disclosure, submission or offer of any Submissions and your agreement to these terms and conditions shall constitute an assignment to us of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to our site, including questions, or to make contact with other users of our site or to make Submissions on any Only Fingers and Toes Ltd related third party website or page, you must comply with the content standards set out below and these terms. All rights, including copyright on Only Fingers and Toes Limited pages are owned by or licensed to us. Any use of any Only Fingers and Toes Ltd social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission of Only Fingers and Toes Limited. All worldwide rights reserved.
CONFIDENTIALITY
Any material you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site or any Only Fingers and Toes Ltd related third party social networking site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website. We have the right to remove any Submissions you make on our website if, in our opinion, such Submission does not comply with the content standards set out below.
AM I ELIGIBLE TO POST A SUBMISSION?
- You must be 16 years of age or older
- You must be registered to post a submission Register now
- Suppliers or manufacturers are not eligible to post a submission
RULES FOR SUBMISSIONS
- Please be polite and only write in English.
- You confirm that the Submission is your own and that the content does not infringe the material, trademarks or intellectual property of others
- If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response
SUBMISSIONS SHOULD NOT INCLUDE
profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others
- comments about other reviewers or bloggers
- remarks that repeat criminal accusations, false, defamatory or misleading statements
- material which impersonates others
- spam or advertising
- third party brand names or trademarks
- personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers
- HTML code, computer script or website urls
- availability, price or alternative ordering or delivery information
- information about Only Fingers and Toes Limited inc Ltd suppliers or manufacturers
Only Fingers and Toes Limited, IN ITS ABSOLUTE DISCRETION, RESERVES THE RIGHT TO:
- not publish the Submission or remove it
- take any appropriate action if deemed necessary
- remove reviews which relate to seasonal products which are no longer in season
Please let us know if you see any Submissions which do not comply with our rules.
DATA PROTECTION
Only Fingers and Toes Limited Limited is a registered data user under the Data Protection Act. We never make your personal details available to other companies for marketing purposes other than for the marketing of Only Fingers and Toes Limited Ltd branded products and services. We may hold your personal details in order to process your order and/or maintain your account.