This Agreement was last revised on July 29th, 2023.

I. INTRODUCTION

Welcome to StickPerson.info (“Website”), an official distributor of Makear beauty products in Ireland. These Terms and Conditions (“Terms”) govern your use of the Website and any transactions you make through it. By accessing the Website and engaging in any transactions, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree with any part of these Terms, you must not use the Website or make any purchases.

II. DEFINITIONS

  • Agreement” refers to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website;
  • Product” or “Item” refers to the products or goods available for sale on the website.
  • Service” or “Services” refers to the services available on the website (e.g. placing an order or writing a customer review)
  • User”, “You” and “your” refer to the person who is accessing or taking any service from us.
  • Customer” refers to the user who accesses the website and makes the payment for purchasing products available on the Website;
  • We”, “us”, and “our” are references to California Sun LTD;
  • Website” shall mean and include “www.makear-nails.ie, and any successor Website or any of our affiliates;
  • Customer Account” shall mean an electronic account opened for the customer for purchasing products offered on the website;

III. INTERPRETATION

  • All references to the singular include the plural and vice versa and the word “includes” should be construed as “without limitation”.
  • Words importing any gender shall include all the other genders.
  • Reference to any statute, ordinance, or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments, or replacements for the time being in force.
  • All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit, or affect the meaning or interpretation of the terms of this Agreement.

IV. INTRODUCTION AND SCOPE

  • Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their terms of service.
  • Eligibility: Certain Service of the Website is not available to users under the age of 16 or any users suspended or removed from the system by us for any reason.
  • Electronic Communication: When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.

V. SERVICES

StickPerson.info – your one-stop destination for top-quality beauty solutions in Ireland! As the official distributor of Makear products, we take immense pride in bringing you an exceptional range of beauty products designed to elevate your nail care experience to new heights.

Makear is a renowned brand known for its innovative and high-performance beauty products. With a focus on quality and durability, Makear has become a trusted name in the industry, preferred by professionals and beauty enthusiasts alike. We have partnered with Makear to exclusively distribute their products across Ireland, ensuring that beauty professionals have easy access to the best in the market.

At StickPerson.info, our commitment is to provide you with top-quality hybrid nail polishes, care products, and accessories. We understand that every client has unique needs and preferences, which is why we offer a vast selection of over 300 vibrant colors to choose from. Whether you’re a nail technician looking to expand your offerings or a salon owner seeking premium products for your clients, we’ve got you covered.

VI. AUTHENTICITY OF MAKEAR PRODUCTS

StickPerson.info is the official distributor of Makear products in Ireland, guaranteeing the authenticity and genuineness of all products sold through the website. We ensure that all Makear products available on StickPerson.info are sourced directly from the manufacturer and adhere to the highest quality standards.

VII. MODIFICATIONS TO THE SERVICE

StickPerson.info reserves the right to modify, update, or discontinue any part of the Services or the Website at any time without prior notice. We may add or remove features, products, or content as we see fit to improve user experience and business operations.

VIII. ACCOUNT

To access the website and utilize specific resources, you may need to provide specific information and create a user ID and password to establish an account.

By creating an account, you acknowledge that the information you provide is accurate, and you commit to keeping your details up-to-date. You are responsible for ensuring the security of all your user names, passwords, and registration information, including unique account identifiers or historical billing details. Any usage of your accounts, whether authorized or unauthorized, is solely your responsibility.

In the event of any unauthorized activity or security breaches concerning your accounts, you agree to promptly notify us. We reserve the right, at our discretion, to suspend or terminate any of your user names and passwords at any time, with or without prior notice.

IX. ORDERING

  • Payment Methods: StickPerson.info offers various secure payment methods to facilitate your orders. These payment methods may include credit cards, debit cards, PayPal, or other authorized payment gateways. By placing an order on the website, you agree to use valid payment information and ensure that you have the necessary authorization to make the payment.
  • Order Placement: To place an order on StickPerson.info, you may need to create an account. Once you have selected the desired products, you can add them to your shopping cart. Review the items in your cart, ensure their accuracy, and proceed to the checkout process.
  • Accuracy of Order Information: During the checkout process, you are required to provide accurate and up-to-date information, including billing and shipping addresses, contact details, and payment information. StickPerson.info shall not be responsible for any delays or delivery issues resulting from incorrect or incomplete order information provided by the user.
  • Order Confirmation: Upon successful completion of the checkout process, you will receive an order confirmation via email, acknowledging receipt of your order. Please note that this confirmation does not guarantee the availability of the ordered items until they are shipped.
  • Order Processing and Shipping: StickPerson.info strives to process orders promptly. Once your order is confirmed, we will prepare the items for shipment. Please allow for standard processing times, which may vary depending on the availability of the products and the shipping method selected.
  • Order Acceptance and Rejection: StickPerson.info reserves the right to accept or reject any order placed on the website. In the event of order rejection, we will promptly notify you and issue a refund if payment has already been made.
  • Fraud Prevention: StickPerson.info employs fraud prevention measures to protect our customers and maintain a secure environment for online transactions. We may perform security checks on orders and request additional verification information when necessary.
  • Taxes and Duties: Any applicable taxes, duties, or customs fees associated with your order will be your responsibility. StickPerson.info shall not be liable for any additional charges imposed by government authorities.
  • Order Tracking: For most orders, StickPerson.info provides order tracking information. You can track the status and estimated delivery time of your order using the tracking details provided.
  • Customer Support: For any inquiries, issues, or assistance with your order, please contact our customer support team. We are here to help and ensure a smooth ordering experience for you.

By placing an order on StickPerson.info, you agree to abide by the terms of the payment and ordering clause. These provisions are designed to ensure a secure and efficient ordering process while offering support and assistance to our valued customers.

X. GENERAL CONDITIONS

  • We do not guarantee the accuracy, completeness, validity, or timeliness of the information listed by us.
  • We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
  • The website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
  • You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by stickperson.info in writing.
  • You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by stickperson.info in advance.
  • We reserve the right to any printing errors on this site as well as the final sales of products. We do not guarantee that the images reflect the exact appearance of the products as a certain color difference may occur depending on the monitor, photo quality, and resolution. We always try our best to expose the products as accurately as possible.

XI. PRODUCT GUARANTEE AND WARRANTY

StickPerson.info stands by the quality and performance of Makear products. We offer a product guarantee and warranty for a specified period from the date of purchase, ensuring that any defects or malfunctions are promptly addressed. Please refer to the warranty policy for detailed information on coverage and claims process.

XII. PROFESSIONAL USE ONLY

Makear products available on StickPerson.info are primarily intended for use by beauty professionals, including nail technicians, salon owners, and beauty establishments. By purchasing from StickPerson.info, you acknowledge that you are a licensed beauty professional or authorized representative.

XIII. PRODUCT KNOWLEDGE AND SUPPORT

StickPerson.info is committed to supporting our customers’ businesses and providing them with the necessary product knowledge. Our team of beauty enthusiasts is available to assist you with any questions related to Makear products, usage, and application techniques.

XIV. GEOGRAPHIC RESTRICTION

The Website and Services are only available to users within Ireland. StickPerson.info may refuse to process orders from users outside of this geographic restriction.

XV. USER RESPONSIBILITIES

  • You shall use the Service and Website for a lawful purpose and comply with all the applicable laws while using the Website;
  • You shall not use or access the Website for collecting any market research for some competing business;
  • You shall not misrepresent or impersonate any person or entity for any false or illegal purpose;
  • You will not use any device, scraper, or any automated thing to access the Website by any means without taking permission.
  • You will inform us about anything that is inappropriate or  you can inform us if you find something illegal;
  • You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, transmission mechanism, software, or routine, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;
  • You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead stickperson.info or third parties as to the origin of any Submissions or Content.
  • You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes, or third-party claims.
  • You will let us know about the unsuitable content of which you become aware.  If you discover something that infringes any law, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.

XVI. EXCLUSION OF LIABILITY

We take no responsibility for any indirect damage that may result from the product. www.makear-nails.ie is not responsible for late deliveries for special occasions, or other events. We encourage customers to place their orders in advance to ensure there is enough time to receive their items.

We accept no responsibility for delays/errors due to circumstances outside of our ruling (Force Majeure). These circumstances can be, for example, labor conflict, fire, war, government decisions, or reduced or non-delivery from the supplier.

You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the www.makear-nails.ie Website including loss of data or information or any kind of financial or physical loss or damage.

In no event shall California Sun LTD, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage.

  • TYPOGRAPHICAL ERRORS

In the event of any typographical errors or inaccuracies in product descriptions, pricing, or other content, StickPerson.info reserves the right to correct the errors and cancel or refuse any affected orders.

XVIII. NO RESPONSIBILITY

We are not responsible to you for:

XIX. THIRD-PARTY LINKS

The Website may comprise links to external or third-party Websites (“External Sites”).  These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites.  The content of such External Sites is created and used by others.  You can communicate with the site administrator for those External Sites.  We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites.  You should take safety measures when you are downloading files from all these Websites to safeguard your computer from viruses and other critical programs.  If you agree to access linked External Sites, you do so at your own risk.

XX. PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using this Website, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.

XXI. ERRORS, INACCURACIES, AND OMISSIONS

Every effort has been taken to ensure that the information offered on this Website is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available is free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

XXII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The website and the service are provided on an “as is” and “as available” basis without any warranties of any kind, including that the website will operate error-free or that the website, its servers, or its content or service are free of computer viruses or similar contamination or destructive features.

We disclaim all licenses or warranties, including, but not limited to, licenses or warranties of title, merchantability, non-violation of third parties’ rights, and fitness for a particular purpose, and any warranties arising from a matter of dealing, course of performance, or usage of trade. In relation to any warranty, contract, or common law tort claims: (i) we shall not be liable for any unintended, incidental, or substantial damages, lost profits, or damages resulting from lost data or business stoppage resulting from the use or inability to access and use the website or the content, even if we have been recommended of the possibility of such damages.

The website may comprise technical incorrectness or typographical errors or omissions. Unless required by applicable laws, we are not accountable for any such typographical, technical, or pricing errors recorded on the website.  The website may contain information on certain services, not all of which are available in every location.  A reference to a service on the websites does not suggest that such service is or will be accessible in your location.  We reserve the right to do changes, corrections, and/or improvements to the website at any time without notice.

XXIII. COPYRIGHT AND TRADEMARK

The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”).  The Content may be possessed by us or third parties.   Unauthorized use of the Content may infringe copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement.  No other use is allowed without prior written consent from us.  You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.

If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us.  Other product and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.    None of the Content may be retransmitted without our express, written consent for every instance.

XXIV. INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

XXV. MISCELLANEOUS

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION

Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.

Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.

DISPUTE RESOLUTION

If a dispute arises between you and the website www.stickperson.info, our goal is to resolve such a dispute quickly and cost-effectively. Accordingly, you and the website agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the website and mobile application Services (a “Claim”) following this section entitled “Dispute Resolution.” Before resorting to these alternatives, you agree to first contact us directly to seek dispute assistance by going to Customer Service.

ARBITRATION OPTION

For any claim arising between you and www.stickperson.info (excluding claims for injunctive or other equitable relief), the party requesting relief may elect to resolve the dispute cost-effectively through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online, and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed under the laws of Ireland without giving effect to any principles of conflicts of law. The Courts of Ireland shall have exclusive jurisdiction over any dispute arising from the use of the Website.

FORCE MAJEURE

We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond our reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

ASSIGNMENT

We shall have the right to assign/transfer this agreement to any third party including our holding, subsidiaries, affiliates, associates, and group companies, without any consent of the User.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at info@makear-nails.ie

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