Terms and Conditions

These Terms and Conditions (“Terms”, “Agreement”) govern your use of the website located at blushnails.fun (the “Site”) and your purchase of any products from Blush Nails LLC (“Company”, “we”, “us”, “our”). The Site is owned and operated by Blush Nails LLC, a limited liability company organized under the laws of the State of New Mexico, with our principal place of business at 1209 Mountain Road Pl Ne Ste R, Albuquerque, NM 87110, United States.

By accessing or using the Site, browsing our products, or completing a purchase, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Refund and Return Policy, Shipping Policy, and any other policies referenced herein. If you do not agree to these Terms, please do not use the Site or make any purchase.

These Terms contain important provisions, including an arbitration clause and a waiver of your right to participate in class action lawsuits. Please read carefully.

1. Definitions

  • “Company” , “we” , “us” , “our” : Blush Nails LLC, a New Mexico limited liability company.

  • “Site” : The website located at blushnails.fun and all associated subdomains, pages, and content.

  • “Customer” , “you” , “your” : Any individual or entity that accesses the Site, browses products, or makes a purchase.

  • “Products” : Nail tips, acrylic extensions, gel polishes, base and top coats, tools, accessories, and any other items offered for sale on the Site.

  • “Order” : A request submitted by you to purchase one or more Products.

  • “Stripe” : Our third-party payment processor. All financial transactions are handled by Stripe, Inc.

  • “Account” : A registered user account on the Site.

2. Eligibility to Use the Site

By using the Site or placing an Order, you represent and warrant that:

  • You are at least 18 years of age (or the age of majority in your jurisdiction). The Site is not intended for children under 13.

  • You have the legal capacity to enter into a binding contract.

  • You are not located in a country that is subject to a U.S. government embargo, or that has been designated as a “terrorist supporting” country.

  • You are not listed on any U.S. government list of prohibited or restricted parties (e.g., the OFAC sanctions list).

  • You will provide accurate, current, and complete information during the checkout process and for your Account.

If you are using the Site on behalf of a business or legal entity, you represent that you have the authority to bind that entity to these Terms.

3. Account Registration and Security

You may browse the Site without creating an Account. However, to place an Order, you may either check out as a guest or create an Account.

Account Creation

If you choose to create an Account, you agree to:

  • Provide accurate and truthful information.

  • Maintain the confidentiality of your login credentials (email and password).

  • Not share your Account with any third party.

  • Notify us immediately of any unauthorized use of your Account.

Account Responsibility

You are solely responsible for all activity that occurs under your Account. We are not liable for any loss or damage arising from your failure to protect your login information.

Account Termination

We reserve the right to suspend or terminate any Account at our sole discretion, without notice, for any reason, including violation of these Terms or suspected fraudulent activity.

4. Products and Pricing

Product Descriptions

We strive to display accurate product descriptions, images, and specifications. However, we do not warrant that product descriptions, colors, or other content on the Site are error-free, complete, or current.

  • Color Accuracy: Actual colors may vary depending on your monitor or device settings. We cannot guarantee that your screen will display colors accurately.

  • Size Measurements: All nail tip sizes, lengths, and widths are approximate. Please refer to the size charts provided for guidance. Individual nail beds vary, and we recommend selecting sizes based on the chart rather than assumptions.

Pricing

All prices are listed in United States Dollars (USD) and are exclusive of taxes, shipping, and handling fees unless otherwise stated.

  • Regular Price: The standard price for a Product.

  • Sale Price: A discounted price offered for a limited time. Sale prices are valid only while stock lasts and cannot be combined with other discounts unless explicitly stated.

  • Typographical Errors: In the event of a clear typographical error in pricing (e.g., 0.01fora10 item), we reserve the right to cancel the Order and refund the amount paid, even after an Order confirmation has been sent.

Price Changes

We reserve the right to modify prices at any time without prior notice. Price changes will not affect Orders that have already been accepted (see Section 5).

Taxes

You are responsible for all applicable federal, state, local, and international taxes, duties, and customs fees.

  • US Customers: Sales tax will be added to Orders shipped to states where we have a physical presence or tax nexus (currently New Mexico). The tax amount will be displayed at checkout.

  • International Customers: You are responsible for any import duties, VAT, or other fees levied by your country. These are not collected by us and are not included in the checkout total.

5. Orders and Acceptance

Order Placement

When you place an Order through the Site, you are making an offer to purchase the Products at the stated price, subject to these Terms. We are not obligated to accept your offer.

Order Confirmation

After you place an Order, you will receive an automated email acknowledging receipt of your Order. This email is not an acceptance of your offer; it is a confirmation that we have received your request.

Order Acceptance

Acceptance of your Order occurs when:

  1. We ship the Product(s) from our Albuquerque warehouse, or

  2. We send you a shipping confirmation email (whichever comes first).

Until that moment, we may reject your Order for any reason, including:

  • Product unavailability.

  • Payment verification issues.

  • Suspected fraud.

  • Pricing errors.

  • Inability to ship to your address.

Order Cancellation by Us

If we cancel your Order (or part of it), we will notify you by email and issue a full refund to your original payment method via Stripe. We are not liable for any consequential damages arising from such cancellation.

Order Quantity Limits

We reserve the right to limit the quantity of Products purchased per person, per household, or per Order. This includes the right to reject bulk orders that appear to be for resale without a wholesale agreement.

6. Payment Terms

Payment Methods

We accept payment via Stripe, which supports:

  • Credit cards (Visa, Mastercard, American Express, Discover, Diners Club, JCB, UnionPay)

  • Debit cards

  • Apple Pay

  • Google Pay

  • Other local methods (Klarna, Afterpay, etc.) as shown at checkout

Payment Processing

All payments are processed by Stripe. We do not store full credit card numbers on our servers. By providing your payment information, you authorize Stripe to charge the total Order amount, including taxes and shipping.

Billing Information

You agree to provide accurate, current, and complete billing information. If your payment method fails or is declined, we may attempt to reprocess it. If payment cannot be collected, we will cancel your Order and notify you.

Authorization Holds

When you place an Order, Stripe may place a temporary authorization hold on your card for the estimated amount. This hold is not a charge; it typically disappears within 3–7 business days if the Order is not completed.

Refunds

Refunds are processed according to our Refund and Return Policy (Section 8). Refunds will be issued to the original payment method and may take 5–10 business days to appear on your statement.

7. Shipping and Delivery

Shipping Policy

All shipments are governed by our Shipping Policy, which is incorporated into these Terms. Please review it carefully for information on:

  • Shipping methods and carriers

  • Delivery timeframes (estimates only)

  • Shipping costs

  • International customs and duties

  • Lost or stolen packages

Risk of Loss

Title and risk of loss for Products pass to you upon our delivery to the carrier. We are not responsible for delays caused by the carrier, weather, customs, or other factors beyond our control.

Delivery Address

You are responsible for providing a correct, complete, and secure 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.

Inspection Upon Delivery

Please inspect your package upon arrival. If the box is visibly damaged, take photos before opening. Report any damage or missing items within 7 days of delivery (see our Refund and Return Policy).

8. Returns and Refunds

All returns, refunds, and exchanges are governed exclusively by our Refund and Return Policy, which is incorporated into these Terms. That policy includes:

  • 30-day satisfaction guarantee

  • Eligibility conditions

  • Non-returnable items

  • How to initiate a return

  • Return shipping costs

  • Restocking fees

  • Damaged or defective items

By making a purchase, you agree to the terms of the Refund and Return Policy. No other return policy (including implied warranties) applies unless explicitly stated in writing by an authorized representative of Blush Nails LLC.

9. Intellectual Property Rights

Ownership

All content on the Site, including but not limited to:

  • Text, articles, product descriptions, blog posts

  • Images, photographs, product photos, graphics

  • Logos, trademarks, service marks (including “Blush Nails”, “Blush Nails LLC”, and the Blush logo)

  • Videos, tutorials, audio clips

  • Software, code, site layout, design, and database structure

is the exclusive property of Blush Nails LLC or our licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes. This license does not allow you to:

  • Republish, copy, or distribute any content without our prior written consent.

  • Modify, create derivative works of, or reverse engineer any part of the Site.

  • Use any robot, spider, scraper, or other automated means to access the Site for any purpose (including competitive analysis or price monitoring).

Trademarks

“Blush Nails,” the Blush logo, and all related product names, designs, and slogans are our trademarks. You may not use these marks without our express written permission.

Copyright Infringement (DMCA)

We respect the intellectual property rights of others. If you believe that any material on the Site infringes your copyright, please contact us with the following information:

  • A description of the copyrighted work you claim has been infringed.

  • A description of where the infringing material is located on the Site (URL).

  • Your name, address, telephone number, and email address.

  • A statement by you that you have a good faith belief that the disputed use is not authorized.

  • A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.

  • Your electronic or physical signature.

Send DMCA notices to: lynellelucila13811@gmail.com with the subject line “DMCA Takedown Request.”

10. Prohibited Conduct

While using the Site, you agree NOT to:

  1. Violate any law or regulation (including export controls, consumer protection, anti-spam, and privacy laws).

  2. Infringe on our intellectual property or that of third parties.

  3. Attempt to interfere with the Site’s functionality – including introducing viruses, malware, denial-of-service attacks, or other harmful code.

  4. Access or attempt to access non-public areas of our servers or systems.

  5. Impersonate another person or provide false information.

  6. Harvest or collect email addresses or other contact information of other users without their consent.

  7. Use the Site for any commercial purpose without our express permission (including reselling Products without a wholesale agreement).

  8. Post false, misleading, or defamatory content about the Company or its Products.

  9. Circumvent any security or access controls on the Site.

Violation of this section may result in immediate termination of your Account, denial of future purchases, and referral to law enforcement.

11. User-Generated Content and Reviews

You may have the opportunity to post reviews, comments, photos, or other content (collectively “User Content”) on the Site, including product reviews.

License to Us

By posting User Content, you grant Blush Nails LLC a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media, including for marketing and promotional purposes, without compensation to you.

Your Representations

You represent and warrant that:

  • You own or have the necessary licenses to the User Content.

  • Your User Content does not violate any third-party rights (including copyright, trademark, privacy, or publicity).

  • Your User Content is not defamatory, obscene, harassing, discriminatory, or otherwise objectionable.

Moderation

We reserve the right (but have no obligation) to monitor, edit, or remove User Content at our sole discretion. We do not endorse any User Content.

Review Guidelines

To maintain trust, we require that product reviews:

  • Be based on your actual experience with the Product.

  • Do not include personal information (e.g., full name, address, phone number).

  • Do not include external links or promotional content.

  • Are respectful and constructive.

We may reject or remove reviews that violate these guidelines.

12. Third-Party Links and Services

The Site may contain links to third-party websites, advertisers, or services (e.g., Stripe, Klarna, Afterpay). These links are provided for your convenience only.

  • We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party sites.

  • Your interactions with third parties are solely between you and them. We are not liable for any loss or damage arising from such interactions.

We encourage you to read the terms and privacy policies of any third-party site you visit.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY

  • FITNESS FOR A PARTICULAR PURPOSE

  • TITLE AND NON-INFRINGEMENT

  • WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Specific Disclaimers

  • Product Use: Our Products are intended for external use on nails only. We do not warrant that any Product will be free from causing allergic reactions. You should perform a patch test before full application. If you experience irritation, discontinue use and consult a physician.

  • Safety Information: It is your responsibility to follow all safety instructions included with our Products (e.g., UV lamp curing times, ventilation requirements).

  • Results: Individual results may vary based on application technique, nail condition, and aftercare. We do not guarantee that you will achieve the same results as depicted in marketing images.

Some states do not allow the exclusion of certain warranties. In such states, our liability is limited to the maximum extent permitted by law.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLUSH NAILS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • LOSS OF PROFITS, REVENUE, OR DATA

  • LOSS OF GOODWILL OR REPUTATION

  • COST OF SUBSTITUTE PRODUCTS OR SERVICES

  • PERSONAL INJURY OR PROPERTY DAMAGE

ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Total Liability Cap

OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SITE OR PRODUCTS SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR THE SPECIFIC PRODUCT(S) GIVING RISE TO THE CLAIM, OR $100.00, WHICHEVER IS LESS.

This limitation of liability applies to the maximum extent permitted by law. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.

15. Indemnification

You agree to defend, indemnify, and hold harmless Blush Nails LLC, its members, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

  1. Your violation of these Terms.

  2. Your use or misuse of the Site or Products.

  3. Your violation of any law or third-party rights (including intellectual property or privacy rights).

  4. Any User Content you post.

  5. Any allergic reaction or injury resulting from your use of our Products (excluding proven manufacturing defects).

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

16. Governing Law and Dispute Resolution

Governing Law

These Terms and any dispute arising from them shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal Resolution

Before initiating any formal dispute, you agree to contact us first at lynellelucila13811@gmail.com to attempt to resolve the matter informally. We will make a good faith effort to resolve the dispute within 30 days.

Binding Arbitration

If we cannot resolve the dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or our Products shall be resolved by binding arbitration rather than in court, except as provided below.

  • Arbitration Rules: The arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect at the time.

  • Location: The arbitration shall take place in Bernalillo County, New Mexico, or via remote hearing if you request.

  • Fees: We will pay the arbitration filing fee for claims under $10,000, unless the arbitrator determines your claim is frivolous.

  • Arbitrator Authority: The arbitrator shall have exclusive authority to resolve any dispute, including the scope and enforceability of this arbitration clause.

Class Action Waiver

YOU AND BLUSH NAILS LLC AGREE THAT ANY DISPUTE SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION.

The arbitrator may not consolidate more than one person’s claims or preside over any class or representative proceeding. If this class action waiver is found to be unenforceable, then the entire arbitration clause shall be null and void.

Small Claims Court Exception

You may bring a claim in small claims court in Bernalillo County, New Mexico (or the county where you reside, if within the US) if the claim qualifies for small claims court, as an alternative to arbitration.

30-Day Opt-Out Right

You may opt out of the arbitration clause by sending a written notice to lynellelucila13811@gmail.com within 30 days of your first use of the Site or purchase. The notice must include your name, address, and a clear statement that you opt out of arbitration. If you opt out, you agree to the exclusive jurisdiction of state or federal courts in Bernalillo County, New Mexico.

17. Termination

We may terminate or suspend your access to the Site and your Account immediately, without prior notice or liability, for any reason, including breach of these Terms.

Upon termination:

  • Your right to use the Site ceases immediately.

  • Any pending Orders may be cancelled (unless already shipped).

  • You remain liable for all amounts due for completed transactions.

Sections that by their nature should survive termination (including Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Dispute Resolution) shall survive.

18. Force Majeure

We shall not be liable for any delay or failure to perform our obligations under these Terms if the delay or failure is caused by events beyond our reasonable control, including but not limited to:

  • Acts of God (earthquakes, hurricanes, floods, fires)

  • War, terrorism, riots, civil unrest

  • Pandemics, epidemics, or public health emergencies (including COVID-19)

  • Labor strikes or lockouts

  • Government actions, embargoes, or supply chain disruptions

  • Carrier delays (USPS, UPS, FedEx, DHL)

  • Internet or utility failures

If a force majeure event occurs, our performance will be suspended for the duration of the event, and we will make reasonable efforts to resume performance as soon as possible.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.

20. Entire Agreement

These Terms, together with our Privacy Policy, Refund and Return Policy, Shipping Policy, and any other policies expressly referenced herein, constitute the entire and exclusive agreement between you and Blush Nails LLC regarding your use of the Site and purchase of Products. They supersede all prior or contemporaneous communications, whether oral or written.

Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of Blush Nails LLC. Our failure to enforce any right or provision shall not be deemed a waiver of such right or provision.

21. Amendments to These Terms

We reserve the right to modify or update these Terms at any time, for any reason, without prior notice. Changes become effective immediately upon posting to the Site.

  • Material changes (affecting your rights or obligations) will be highlighted on the Site or communicated via email.

  • Your continued use of the Site after any changes constitutes your acceptance of the revised Terms.

  • If you do not agree to the changes, you must stop using the Site and cancel any pending Orders.

It is your responsibility to review these Terms periodically. The “Last Updated” date at the top of this page indicates when the most recent changes were made.

22. Contact Information

If you have any questions about these Terms, need to request arbitration opt-out, or want to report a violation, please contact us at:

Blush Nails LLC
Attn: Legal Department
1209 Mountain Road Pl Ne Ste R
Albuquerque, NM 87110
United States

Email: lynellelucila13811@gmail.com
Phone: (+1) 319 674 8202

For general customer service inquiries (orders, returns, product questions), please use the same contact information – we are happy to assist you.

Acknowledgement

BY USING THE SITE OR PLACING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Thank you for choosing Blush Nails LLC. We are honored to be part of your nail art journey.

Blush Nails LLC
1209 Mountain Road Pl Ne Ste R, Albuquerque, NM 87110 US
Phone: (+1)3196748202
Email: lynellelucila13811@gmail.com
Website: blushnails.fun