Terms and Conditions – Pink Claws LLC

Introduction

Welcome to Pink Claws LLC. These Terms and Conditions (hereinafter referred to as “Terms,” “Agreement,” or “Terms and Conditions”) govern your use of our website located at pinkclaws.shop (the “Site”) and your purchase of any products from Pink Claws LLC, including but not limited to Cat Eye Gel Polish, Designed Nail Tips, Gel Nail Brushes, and Nail Art Tools & Accessories (collectively, “Products”). By accessing our Site, browsing our catalog, or making a purchase, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Site or purchase our Products.

Pink Claws LLC is a limited liability company organized under the laws of the Commonwealth of Kentucky, with our principal place of business located at 212 N. 2nd St. Ste 100, Richmond, KY 40475, United States. Throughout these Terms, references to “Pink Claws,” “we,” “us,” “our,” or the “Company” refer to Pink Claws LLC. References to “you,” “your,” or “customer” refer to the individual or entity accessing the Site or purchasing Products.

These Terms constitute a binding legal agreement between you and Pink Claws LLC. We reserve the right to modify, amend, or replace these Terms at any time without prior individual notice. Any changes will be effective immediately upon posting to this page, with the “Last Updated” date revised accordingly. Your continued use of the Site or purchase of Products after any such changes constitutes your acceptance of the new Terms. We encourage you to review this page periodically.

These Terms are supplemented by our Privacy Policy, Refund and Return Policy, Shipping Policy, and Payment Methods page, all of which are incorporated herein by reference. In the event of any conflict between these Terms and any other policy, these Terms shall control unless expressly stated otherwise.

For any questions regarding these Terms, please contact us at editaashla10999@gmail.com or call +1 6622211025.

Section 1: Eligibility and Account Registration

1.1 Age Requirement

By using our Site or purchasing Products from Pink Claws LLC, you represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction of residence, whichever is older. If you are under 18, you may only use our Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms. We do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13 without verifiable parental consent, we will delete that information promptly.

1.2 Account Creation

You are not required to create an account to browse our Site. However, to complete a purchase, you may be offered the option to create a customer account. If you choose to create an account, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form. You are solely responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Pink Claws LLC will not be liable for any loss or damage arising from your failure to comply with this security obligation.

1.3 Accuracy of Information

You agree to provide true, accurate, and complete information when placing an order, including your legal name, shipping address, billing address, payment information, and email address. Providing false or misleading information may result in the cancellation of your order, the suspension of your account, and legal action where permitted by law.

1.4 Right to Refuse Service

Pink Claws LLC reserves the right, in our sole discretion, to refuse service, terminate accounts, cancel orders, remove or edit content, or deny access to the Site to any individual or entity for any reason, at any time, without prior notice or liability. This includes, without limitation, if we believe that customer conduct violates applicable law, these Terms, or is harmful to our interests or the interests of other customers.

Section 2: Products and Pricing

2.1 Product Descriptions

We strive to provide accurate descriptions of all Products on our Site, including color representations, dimensions, materials, and usage instructions. However, we do not warrant that product descriptions, images, or other content on the Site are accurate, complete, reliable, current, or error-free. Colors of Cat Eye Gel Polishes may appear differently depending on your monitor settings, lighting conditions, and the base color used. Designed Nail Tips may vary slightly in size and shape due to manufacturing tolerances. Gel Nail Brushes may have minor variations in handle color or bristle stiffness. If a Product offered by Pink Claws LLC is not as described, your sole remedy is to return it in accordance with our Refund and Return Policy.

2.2 Pricing and Availability

All prices displayed on pinkclaws.shop are in United States Dollars (USD) and are exclusive of taxes, shipping, and handling fees unless expressly stated otherwise. Prices are subject to change without notice. We reserve the right to modify or discontinue any Product at any time without liability. While we endeavor to maintain accurate inventory counts, we do not guarantee that any Product will be in stock at the time you place your order. In the event that a Product is out of stock after you place an order, we will notify you and either offer a substitute (if acceptable to you) or issue a full refund for the unavailable item.

2.3 Typographical Errors

In the event that a Product is mistakenly listed at an incorrect price or with incorrect information due to a typographical error, system error, or error in pricing information from our suppliers, Pink Claws LLC reserves the right to refuse or cancel any orders placed for that Product, whether or not the order has been confirmed and your payment method has been charged. If your payment method has been charged and your order is canceled due to a pricing error, we will issue a full refund to your original payment method.

2.4 Quantity Limits

We reserve the right to limit the quantity of Products purchased per person, per household, or per order. These limits may apply to orders placed by the same account, the same credit card, or orders using the same billing or shipping address. If we suspect that a customer is purchasing Products for resale without a wholesale agreement, we may cancel or refuse those orders. For bulk purchases intended for commercial use, please contact us at editaashla10999@gmail.com to discuss wholesale options.

Section 3: Orders and Payment

3.1 Order Acceptance

Your receipt of an order confirmation email does not signify our acceptance of your order, nor does it constitute a binding offer to sell. Pink Claws LLC reserves the right to accept or decline your order for any reason, at any time, before shipment. We may require additional verification or information before accepting any order. If we decline your order after your payment has been processed, we will issue a full refund.

3.2 Payment Processing

All payments are processed through Stripe, our third-party payment processor. By placing an order, you authorize Pink Claws LLC to charge your selected payment method for the total amount of your order, including applicable taxes and shipping fees. You represent and warrant that you have the legal right to use the payment method you provide. You agree to pay all charges incurred by you or any users of your account and payment method.

3.3 Billing Information

You agree to provide current, complete, and accurate billing and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. If your payment method fails or your order is declined for any reason, we may attempt to contact you to resolve the issue. Failure to provide accurate billing information may result in order cancellation.

3.4 Promotions and Discount Codes

From time to time, Pink Claws LLC may offer promotional discount codes, coupons, or other incentives. These promotions are subject to specific terms disclosed at the time of offer, including expiration dates, minimum purchase requirements, and product exclusions. Discount codes are non-transferable, may not be combined with other offers unless expressly stated, and have no cash value. We reserve the right to cancel or modify any promotion at any time without notice.

3.5 Taxes

You are responsible for all sales, use, excise, value-added, goods and services, and other taxes and duties imposed by any federal, state, local, or foreign government with respect to your purchase, excluding taxes based on our net income. As described in our Payment Methods page, we currently collect sales tax only for orders shipped to Kentucky. For all other jurisdictions, you are solely responsible for remitting any applicable use tax or other taxes.

Section 4: Shipping and Delivery

4.1 Shipping Policy

All orders are subject to our Shipping Policy, which is incorporated into these Terms by reference. Delivery timeframes provided at checkout are estimates only and are not guaranteed, except where required by law. Pink Claws LLC is not liable for delays caused by carriers, weather, customs processing, or other events beyond our reasonable control.

4.2 Risk of Loss

Title and risk of loss for all Products pass to you upon our delivery of the Products to the common carrier. This means that once the carrier takes possession of your package, Pink Claws LLC is no longer responsible for loss, damage, or delay. However, as a courtesy, we will assist you in filing claims with the carrier for lost or damaged shipments. Please refer to our Shipping Policy for instructions on reporting delivery issues.

4.3 Shipping Address Accuracy

You are solely responsible for providing a complete and accurate shipping address. If a package is returned to us due to an incorrect address provided by you, you will be responsible for the cost of re-shipping. If you request that we ship to an address different from your billing address, you acknowledge that this may trigger additional fraud screening and could delay your order.

4.4 International Shipping and Customs

For international orders, you are the importer of record and are responsible for complying with all laws and regulations of the destination country. You are also responsible for any customs duties, taxes, brokerage fees, or other charges levied by your local government. Pink Claws LLC has no control over these charges and cannot predict their amount. Customs delays may occur, and we are not responsible for such delays. By placing an international order, you agree to indemnify and hold Pink Claws LLC harmless from any claims, damages, or expenses arising from your violation of import laws.

Section 5: Returns, Refunds, and Exchanges

5.1 Return Policy

All returns, refunds, and exchanges are governed by our Refund and Return Policy, which is incorporated into these Terms by reference. Key provisions include a 30-day return window from delivery, a requirement that products be unused and unopened unless defective, and the absence of restocking fees. We strongly encourage you to review that policy in full before making a purchase.

5.2 No Implied Warranties After Return Window

Except as provided in our Refund and Return Policy and any applicable manufacturer warranties, all Products are sold “AS IS” after the 30-day return period. We do not offer money-back guarantees beyond the stated timeframes.

5.3 Chargebacks

If you initiate a chargeback with your bank or credit card issuer without first attempting to resolve the issue with our customer service team, you agree that we may dispute the chargeback by providing evidence of your order, shipment, and delivery. If the chargeback is found to be without merit, you agree to pay all costs incurred by Pink Claws LLC in defending the chargeback, including chargeback fees, legal fees, and collection costs.

Section 6: Intellectual Property

6.1 Ownership of Content

All content on the pinkclaws.shop website, including but not limited to text, graphics, logos, images, product photography, video clips, audio clips, digital downloads, data compilations, and software, is the property of Pink Claws LLC or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. The compilation of all content on this Site is the exclusive property of Pink Claws LLC and is protected by copyright laws.

6.2 Trademarks

The Pink Claws name, logo, and all related product names, design marks, and slogans are trademarks or registered trademarks of Pink Claws LLC. You may not use these marks without our prior written permission. All other trademarks, service marks, and trade names appearing on the Site are the property of their respective owners.

6.3 Limited License

Pink Claws LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and make personal, non-commercial use of the Site and to view, download, and print portions of the content for the sole purpose of placing an order or learning about our Products. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Site without our prior written consent, except as incidental to normal web browsing.

6.4 Prohibited Uses

You may not use our Site for any commercial purpose without our express written consent. You may not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our prior written permission. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pink Claws LLC without our express written consent.

Section 7: User-Generated Content and Reviews

7.1 Submission of Content

We welcome customer reviews, comments, photos, and other submissions (collectively, “User Content”) regarding our Products. By submitting User Content to pinkclaws.shop or to our social media channels, you grant Pink Claws LLC a perpetual, irrevocable, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media, now known or hereafter devised, without compensation to you.

7.2 Representations and Warranties

You represent and warrant that: (a) you own or control all rights to the User Content you submit; (b) the User Content is accurate and not misleading; (c) the User Content does not violate any third-party rights, including copyright, trademark, privacy, or publicity rights; (d) the User Content does not contain defamatory, obscene, abusive, harassing, threatening, or otherwise unlawful material; and (e) you will not submit any false or misleading information about Pink Claws LLC or its Products.

7.3 Right to Remove

Pink Claws LLC has the right, but not the obligation, to monitor, edit, or remove any User Content for any reason, including if we determine that the content violates these Terms or is otherwise objectionable. We are not responsible for the accuracy, completeness, or usefulness of any User Content.

7.4 No Confidentiality

Any User Content you submit will be considered non-confidential and non-proprietary. Do not submit any ideas, inventions, or original works that you wish to keep confidential or for which you expect compensation.

Section 8: Prohibited Conduct

You agree not to use the Site or our Products for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Site. Prohibited conduct includes, but is not limited to:

Violating any applicable federal, state, local, or international law or regulation
Transmitting any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
Impersonating Pink Claws LLC, one of our employees, another user, or any other person or entity
Engaging in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site
Attempting to interfere with the proper working of the Site, including through the use of viruses, malware, denial-of-service attacks, or other harmful code
Harvesting or collecting personally identifiable information of other users without their consent
Using the Site for any commercial solicitation without our prior written consent
Reverse engineering, decompiling, or disassembling any software or underlying code used on the Site

Violation of this section may result in immediate termination of your access to the Site, civil or criminal liability, and a permanent ban from future purchases.

Section 9: Disclaimer of Warranties

9.1 As-Is and As-Available Basis

EXCEPT AS EXPRESSLY PROVIDED IN OUR REFUND AND RETURN POLICY OR BY APPLICABLE LAW, PINK CLAWS LLC PROVIDES THE SITE AND PRODUCTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.2 No Guarantee of Results

We do not warrant that the Products will produce any specific results, including nail growth, durability, or aesthetic outcomes. Individual results vary based on application technique, equipment, nail condition, and other factors beyond our control.

9.3 Allergy and Sensitivity Disclaimer

Gel polishes, nail tips, brushes, and accessories contain chemical components that may cause allergic reactions in sensitive individuals. You are solely responsible for performing a patch test before using any new product. Pink Claws LLC is not liable for any allergic reactions, skin irritation, or nail damage resulting from the use of our Products. If you experience redness, swelling, itching, or other adverse reactions, discontinue use immediately and consult a medical professional.

9.4 Site Availability

We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We may occasionally perform maintenance, updates, or upgrades that temporarily affect Site availability. We are not liable for any loss or damage arising from your inability to access the Site.

Section 10: Limitation of Liability

10.1 No Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PINK CLAWS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Maximum Liability

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR PURCHASE OF PRODUCTS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO PINK CLAWS LLC FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

10.3 Exceptions

Nothing in these Terms shall limit or exclude our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be limited or excluded under applicable law.

10.4 State Law Variations

Some states, including Kentucky, do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such states, our liability shall be limited to the maximum extent permitted by law.

Section 11: Indemnification

You agree to defend, indemnify, and hold harmless Pink Claws LLC, its members, managers, officers, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorneys’ fees) arising out of or related to:

Your use of the Site or Products in violation of these Terms
Your violation of any third-party right, including without limitation any intellectual property, privacy, or publicity right
Your violation of any applicable law, rule, or regulation
Your User Content or any other content you submit to us
Your negligent or willful misconduct

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims. You may not settle any claim covered by this indemnification without our prior written consent.

Section 12: Governing Law and Dispute Resolution

12.1 Governing Law

These Terms and any dispute arising out of or relating to these Terms, your use of the Site, or your purchase of Products shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

12.2 Exclusive Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Madison County, Kentucky, or the Eastern District of Kentucky, as appropriate. You irrevocably consent to the personal jurisdiction of such courts and waive any objection based on improper venue or inconvenient forum.

12.3 Informal Dispute Resolution

Before filing a formal claim, you agree to attempt to resolve the dispute informally by contacting our customer service team at editaashla10999@gmail.com or +1 6622211025. We will also attempt to resolve the dispute informally. If the dispute cannot be resolved within 30 days of the initial contact, either party may initiate formal proceedings.

12.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court in Madison County, Kentucky, or in the county of your residence if such court has jurisdiction over claims of the amount at issue, provided that the dispute is not brought on a class, collective, or representative basis.

12.5 No Class Actions

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PINK CLAWS LLC AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Neither you nor we may bring a claim as a plaintiff or class member in a class action, collective action, private attorney general action, or other representative proceeding. If this class action waiver is deemed unenforceable, then the entirety of this dispute resolution section shall be null and void.

Section 13: Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be deemed modified to the extent necessary to make it enforceable while preserving its intent.

Section 14: Waiver

No waiver by Pink Claws LLC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Pink Claws LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Section 15: Entire Agreement

These Terms, together with our Privacy Policy, Refund and Return Policy, Shipping Policy, Payment Methods page, and any other legal notices or policies posted on pinkclaws.shop, constitute the sole and entire agreement between you and Pink Claws LLC with respect to the Site and Products, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

Section 16: Force Majeure

Pink Claws LLC shall not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, supply chain disruptions, internet outages, pandemics, governmental actions, or carrier delays. In such events, our performance shall be excused for the duration of the force majeure event, and we will make reasonable efforts to resume performance as soon as practicable.

Section 17: Assignment

You may not assign your rights or delegate your obligations under these Terms without our prior written consent. Any attempted assignment without consent shall be void and of no effect. Pink Claws LLC may assign these Terms in whole or in part at any time without notice to you, including in connection with a merger, acquisition, or sale of all or substantially all of our assets.

Section 18: Third-Party Beneficiaries

These Terms are for the benefit of you and Pink Claws LLC and are not intended to confer any rights or remedies upon any third party, except as expressly stated herein. No person or entity other than you and Pink Claws LLC shall have any right to enforce any provision of these Terms.

Section 19: Electronic Communications

By using the Site or providing us with your email address, you consent to receive electronic communications from Pink Claws LLC, including order confirmations, shipping notifications, marketing emails (if you have opted in), and responses to customer service inquiries. 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 may opt out of marketing emails by clicking the unsubscribe link in any such email, but you cannot opt out of transactional or account-related emails.

Section 20: California User Notice

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. Pink Claws LLC is located at 212 N. 2nd St. Ste 100, Richmond, KY 40475.

Section 21: International Use

The Site is controlled and operated from our facilities in the United States. We make no representation that the Site or Products are appropriate or available for use in locations outside the United States. If you access the Site from outside the US, you do so on your own initiative and are responsible for compliance with local laws. You agree not to use the Site or export any Products in any manner that violates US export control laws and regulations, including the Export Administration Regulations (EAR) and sanctions administered by the Office of Foreign Assets Control (OFAC).

Section 22: Survival

The provisions of these Terms that by their nature should survive termination or expiration shall survive, including but not limited to intellectual property provisions, disclaimer of warranties, limitation of liability, indemnification, governing law, and dispute resolution.

Section 23: Modification and Termination

We reserve the right to modify, suspend, or discontinue the Site or any Product at any time, for any reason, without notice. We may also terminate your access to the Site or cancel any pending orders if you violate these Terms. Upon termination, your right to use the Site immediately ceases, and any pending orders will be canceled and refunded.

Section 24: Headings

The section and paragraph headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

Section 25: Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

Pink Claws LLC
212 N. 2nd St. Ste 100
Richmond, KY 40475
United States

Phone: +1 6622211025
Email: editaashla10999@gmail.com

For the fastest response, please include “Terms and Conditions Question” in your email subject line.

Acknowledgment

BY USING THE PINKCLAWS.SHOP WEBSITE OR PURCHASING ANY PRODUCT FROM PINK CLAWS LLC, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU ALSO AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SITE OR PURCHASE PRODUCTS FROM US.