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Terms of Sale
_Version of 15.09.2026 — DRAFT_
1. Who we are
1.1. This online shop at american-creator.store (the "Shop") is operated by [Company legal name] (the "Seller", "we"), registered at [Registered address], company registration number [Registration number], VAT number [VAT number], e-mail: [Contact e-mail].
1.2. These Terms of Sale (the "Terms") govern every order placed through the Shop. By placing an order you confirm that you have read and accept these Terms and our Privacy Policy.
1.3. The Shop sells professional nail products (gel polishes, builder gels, top and base coats, tools and accessories) under the American Creator brand to consumers and professionals in the European Union, the United Kingdom, the United States and other countries listed in the checkout.
2. Ordering
2.1. Products, prices and availability are shown in the catalogue. Product images are illustrative; shades may differ slightly on screen.
2.2. An order is placed by adding products to the basket, completing the checkout form and paying. After payment you receive an order confirmation by e-mail with the order number. The contract of sale is concluded when we send you the order confirmation.
2.3. We may decline or cancel an order (with a full refund) when a product is out of stock, when the price or description was published with an obvious error, when the payment cannot be verified, or when the destination cannot be served. We will inform you by e-mail in such a case.
2.4. A minimum order quantity may apply; it is shown in the basket.
3. Prices and currencies
3.1. Prices are shown in EUR for orders shipped from our EU warehouse and in USD for orders shipped from our US warehouse. The currency follows the delivery region selected in the Shop.
3.2. Prices include VAT where applicable under the law of the country of dispatch. For destinations outside the EU / outside the US, VAT may not be charged at checkout and import taxes may be due on delivery (see section 6).
3.3. Shipping costs are not included in product prices; they are calculated at checkout for the selected destination and shown before you confirm the order.
3.4. Promotions, promo codes and loyalty benefits are applied under the conditions shown in the Shop at the time of the order; they cannot be combined unless stated otherwise.
4. Payment
4.1. Payment is made by credit or debit card (Visa, Mastercard and other cards accepted by our payment provider) on the secure page of Stripe. Card details are entered directly on Stripe's payment form and are never stored by the Seller.
4.2. The full amount of the order, including shipping, is charged when the order is placed. If a payment is declined the order is not created.
4.3. An invoice or receipt is sent to the e-mail address given at checkout.
5. Shipping and delivery
5.1. Orders paid in EUR are dispatched from our warehouse in the European Union ([EU warehouse address]); orders paid in USD are dispatched from our warehouse in the United States ([US warehouse address]).
5.2. Delivery is carried out by FedEx. The shipping rate and the estimated delivery time are calculated at checkout for your address. Estimated delivery times are indicative; they are not guaranteed and may be affected by customs clearance, carrier delays or events beyond our control.
5.3. Orders are usually dispatched within [1–3] business days after payment. A tracking number is sent to your e-mail once the parcel is handed to the carrier.
5.4. Please check the parcel on delivery. Visible transport damage should be reported to us within [3] days of delivery with photos so that we can file a claim with the carrier.
5.5. Risk of loss passes to you when the goods are delivered to you (or to a person you designated). If a parcel cannot be delivered because the address given was incomplete or wrong, or the parcel was not collected, the return shipping cost may be deducted from the refund.
6. Customs, duties and import taxes
6.1. For destinations outside the European Union (for EUR orders) or outside the United States (for USD orders), customs duties, import VAT/sales tax and carrier brokerage fees may be charged by the destination country. These charges are borne by the buyer and are collected by the carrier or the customs authority; they are not included in our prices.
6.2. If you refuse a parcel because of such charges, the parcel may be destroyed or returned at our expense; the shipping costs and any return or destruction fees may be deducted from the refund.
7. Right of withdrawal (consumers in the EU/EEA and the UK)
7.1. If you are a consumer in the European Union, the EEA or the United Kingdom, you have the right to withdraw from the contract within 14 days of the day you (or a person designated by you) received the goods, without giving a reason.
7.2. To exercise the right, inform us by e-mail at [Contact e-mail] with your order number (you may use the model withdrawal form in the Annex). You must then send the goods back within 14 days of your notice. The direct cost of returning the goods is borne by you unless the goods were faulty or not as ordered.
7.3. Exception (hygiene): in accordance with Article 16(e) of Directive 2011/83/EU, the right of withdrawal does not apply to sealed cosmetic products (gel polishes, gels, liquids) that have been unsealed after delivery. Unopened products in their original sealed packaging can be returned.
7.4. We refund all payments received from you, including the standard shipping cost, without undue delay and no later than 14 days after we receive the returned goods (or proof of their dispatch), using the same payment method you used. See our Returns policy for the procedure.
7.5. Customers outside the EU/EEA/UK: statutory withdrawal rights may not apply; we nevertheless accept returns of unopened products within 14 days of delivery under the same Returns policy.
8. Warranty and defective goods
8.1. Consumers in the EU benefit from the statutory legal guarantee of conformity (at least two years from delivery under Directive (EU) 2019/771 as implemented in your country). Consumers in the United States benefit from the warranties provided by applicable state and federal law.
8.2. If a product is defective, damaged on arrival or not the product you ordered, contact us at [Contact e-mail] within a reasonable time with your order number and photos. We will offer a replacement or a full refund, including return shipping.
8.3. Products are intended for professional or informed use. Follow the instructions on the packaging; an allergy patch test is recommended before first use. Damage caused by improper use, improper storage or use after the expiry date is not covered.
9. Liability
9.1. Nothing in these Terms limits liability that cannot be limited by law (including liability for death or personal injury caused by negligence, and consumer rights that cannot be waived).
9.2. Subject to 9.1, our liability for an order is limited to the price paid for that order. We are not liable for indirect losses, loss of business or profit.
10. Personal data
Personal data is processed as described in our Privacy Policy.
11. Customer account and loyalty programme
11.1. You may create an account to track orders and store addresses. Keep your password confidential; you are responsible for activity under your account.
11.2. When a loyalty programme is offered in the Shop, its rules are published in the Shop and form part of these Terms.
12. Governing law and disputes
12.1. These Terms are governed by the law of [Governing law — country of the Seller], without prejudice to the mandatory consumer-protection rules of the country where you habitually reside.
12.2. Disputes will be resolved amicably where possible; otherwise by the competent courts of [Jurisdiction], or, for consumers, the courts of your country of residence where the law so provides. EU consumers may also use the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr.
13. Changes to these Terms
We may update these Terms from time to time. The version in force at the time of your order applies to that order. The current version is always available at /legal/terms.
Annex — model withdrawal form
_(complete and return this form only if you wish to withdraw from the contract)_
- To: [Company legal name], [Registered address], [Contact e-mail]
- I hereby give notice that I withdraw from my contract of sale of the following goods: [product names]
- Ordered on / received on: [dates]
- Order number: [number]
- Name and address of consumer: [name, address]
- Date: [date]