Welcome to Lacquerous LLC (here by referred to as "Lacquerous"). We are an online subscription service, providing our members with access to share/borrow/rent luxury nail lacquer ("nail polish") owned by Lacquerous. We've put together here some detailed terms and conditions. You should read and understand them as they govern your use of our service.
How Our Service Works
Membership and Billing
You can find the specific details regarding your membership with Lacquerous at anytime by visiting our website and clicking on the "Your Account" link.
We may modify the price, content, or nature of the Service at any time. Upon users becoming a member, that membership continues indefinitely until terminated. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on the Site.
At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the "My Account" link, available at the top of the pages of the Lacquerous website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
Ongoing Membership: Your Lacquerous membership, which may start with a free trial portion, will continue month- to-month unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method and all product must be returned and delivered to Lacquerous. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.
Cancellation: You may cancel your Lacquerous membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR NON-PARTICIPATON OR UNUSED SERVICE AND/OR PRODUCT. To cancel, visit our website and click on "My Account" page and follow the instructions for cancellation under the heading "Cancel Membership." All product must be returned prior to cancellation.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Becoming a Member and Obtaining an Account
Before you can begin use of the Service, you must register through the Site to obtain an account. By registering as a member through the Site, and requesting your first set of three (3) lacquers, you give us permission to obtain credit information when necessary (if and when credit card abuse or fraud is suspected). You must be 18 years of age or older to register as a member and use the Service. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data"), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and refuse to offer you any and all current or future use of the Service and the Site. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You are solely responsible for any activity related to your Account. If you suspect any unauthorized use of your Account, notify us immediately. In order to provide you with ease of access to your Account, we may place a cookie (a small text file) on the computers from which you access the Site. When you revisit the Site, this cookie will enable us to recognize you as the Account holder and allow you to more easily access your Account.
Actual Damages, Liquidated Damages, Attorneys' Fees and Costs
Actual Damages- In the case of a failure to pay any debts or to return any item(s) when due to Lacquerous (hereinafter, a "default"), you may be liable to Lacquerous for its ACTUAL DAMAGES, including but not limited to the then-current rental payment for each item until said item is received by Lacquerous in an undamaged condition. If said item has not been returned in an undamaged condition before the expiration of 45 days after the date of default, then Lacquerous at its option may alternatively charge you the MSRP as maintained by Lacquerous for that item, plus 45 days rent from the date of default, or seek to recover the wrongfully-retained item plus all rent owed to the date of recovery of the undamaged item. If an item is not recovered, or if it is recovered in a damaged condition, then Lacquerous may charge you the MSRP as maintained by Lacquerous for said item, plus 45 days rent from the date of default.
Liquidated Damages- Lacquerous spends significant internal resources on its efforts to reduce and recover losses flowing from customer non-payments, from the theft and/or wrongful retention of its products, and from other improper, negligent or fraudulent acts. Because the amount of these internal losses are extremely difficult to calculate, you agree that Lacquerous is also entitled to collect LIQUIDATED DAMAGES-IN ADDITION TO ITS ACTUAL DAMAGES-if Lacquerous commences collection or legal action to recover any amounts due from you, and/or to recover property wrongfully retained by you.
Attorneys' Fees, Costs and Interest- If Lacquerous commences litigation to recover its property from you, to recover ACTUAL DAMAGES, and/or to recover LIQUIDATED DAMAGES; you agree that the substantially prevailing party will be entitled to recover its reasonable attorneys' fees and expenses of litigation. You further agree that Lacquerous will be entitled to recover prejudgment interest on its ACTUAL DAMAGES and it's LIQUIDATED DAMAGES from the date of default to the date of judgment entry at the rate of 12% per annum.
Reservation of Rights- Lacquerous expressly reserves its right to seek additional elements of actual damages other than those expressly identified above.
Disclaimers of Warranties and Limitations on Liability
THE LACQUEROUS SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE LACQUEROUS SERVICE AND PRODUCTS OFFERED, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE OUR SERVICE, OUR WEBSITE AND PRODUCT. TO THE EXTENT ALLOWABLE BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. We do not represent or guarantee that your use of the Lacquerous service and/or will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Lacquerous.
From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of product, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
Limitations on Use
You must be 18 years of age or older to become a member of the Lacquerous service. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member.
Gifts & Promotions
We may offer Gift Subscriptions for purchase. These Gift Subscriptions are sold on our website and are redeemable for the Lacquerous service for a set amount of time. We will automatically bill your Payment Method for any purchased Gift Subscriptions. The purchase of Gift Subscriptions is subject to the terms and conditions set forth on the Gift Subscription page, and the redemption of Gift Subscriptions is subject to the terms and conditions set forth on that page.
Members will receive a pre-paid shipping label, tracking label and return address label. Members are responsible for keeping the original contents of the return shipping label and following the shipping guidelines as set forth on the website. If the label is lost, Members may be held responsible for the cost of shipping back to Lacquerous and insurance for the package. Member agrees to return the nail polish in the same condition it was sent, with the same packaging and labeling, as instructed by Lacquerous' shipping procedures. These packaging procedures follow IATA and DOT guidelines for "Dangerous Goods in Excepted Quantities". For any refunds/credits of any sort, please allow 7 business days after the item has arrived, in order for us to inspect and process.
Claims of Copyright Infringement
It is the policy of Lacquerous to respect the intellectual property rights of others. Lacquerous does not condone the unauthorized reproduction or distribution of nail lacquer. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Lacquerous service, please contact us immediately.