Terms - ASP Nail

ASPNAIL.COM TERMS OF USE

Last Updated: December 22, 2025

IMPORTANT NOTICE: THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.

Agreement to These Terms

These Terms of Use (“Terms”) govern your access to and use of the website located at ASPNail.com (the “Site”), including any content, features, services, and any purchases you make through the Site.

By accessing or using the Site, creating an account, placing an order, or otherwise interacting with the Site, you agree to be bound by these Terms and any policies referenced in these Terms. If you do not agree, do not use the Site.

Who We Are

The Site is operated by ASP INC. (“ASP,” “we,” “us,” or “our”), located in California, USA.

Related Policies

Your use of the Site is also subject to our Privacy Policy and any other policies posted on the Site, including (as applicable) our Shipping Policy, Returns/Refund Policy, and Promotional Terms (collectively, “Policies”). The Policies are incorporated by reference into these Terms.

If there is a conflict between these Terms and a Policy, these Terms control unless the Policy expressly states otherwise.

Changes to the Site or Terms

We may update the Site and these Terms from time to time. Changes are effective when posted (or on a later effective date stated in the updated Terms). Continued use of the Site after changes are posted means you accept the updated Terms.

Eligibility and Accounts

You must be at least 18 years old (or the age of majority where you live) to make a purchase on the Site. If you use the Site on behalf of a business (including a salon), you represent you have authority to bind that entity.

If you create an account, you agree to provide accurate, current information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.

Purchases, Orders, and Resale Restrictions

The Site offers nail polish and related nail accessories and supplies (the “Products”).

No resale: Products are sold for personal use or professional salon use only and may not be purchased for resale or commercial distribution without our prior written approval.

We reserve the right to limit quantities, reject or cancel orders, refuse service, or require additional verification where permitted by law (including for suspected fraud, pricing errors, inventory issues, or Terms violations).

Order acceptance occurs when we confirm shipment (or otherwise expressly confirm acceptance).

Pricing, Taxes, and Payment

Prices are shown at checkout and may change at any time. Taxes and shipping/handling charges will be added at checkout where applicable.

International orders: Customs duties, VAT/GST, import fees, brokerage fees, and similar charges may be assessed by your local authorities or carrier. Unless we explicitly state otherwise, you are responsible for these charges.

If a Product is listed at an incorrect price or with incorrect information due to error, we may cancel or refuse orders for that Product, even after an order is submitted or confirmed.

Shipping, International Sales, and Risk of Loss

We ship from the United States and sell worldwide where legally permitted.

Some Products (including many nail polishes) may be subject to hazardous materials or air-transport restrictions, and some destinations may prohibit or restrict certain cosmetic products. We may be unable to ship certain Products to certain locations.

Delivery dates are estimates and not guaranteed.

To the extent permitted by law, title and risk of loss transfer to you upon delivery of the Products to the carrier. If applicable law requires a different result, that law controls.

Your legal compliance: You are responsible for ensuring importation, possession, and use of Products is lawful in your country and for complying with local rules and labeling requirements.

Returns, Refunds, and Chargebacks

Returns, refunds, and exchanges (if offered) are governed by our posted Returns/Refund Policy.

If you initiate a chargeback without first contacting us to resolve the issue, we may suspend or terminate your account and reject future orders to the extent permitted by law.

Product Information, Colors, and Safety

We try to display Product information accurately, but we do not guarantee that descriptions, shade colors, ingredient lists, or other content is complete, current, or error-free. Screen settings can affect how colors appear.

Some Products may cause irritation or allergic reactions. Use Products only as directed, perform patch tests when appropriate, and stop use if adverse effects occur. If you have concerns, consult a qualified professional.

Professional-use Products should be used by trained professionals and stored/handled according to label instructions and applicable regulations.

Acceptable Use and Prohibited Conduct

You agree not to:

Use the Site in violation of any law or regulation (including export and re-export control laws).

Engage in fraud, misrepresentation, or abusive ordering practices.
Purchase Products for resale without our written permission.

Interfere with the Site’s operation or attempt to gain unauthorized access.
Use bots, scrapers, spiders, or other automated means to access the Site or collect data without written permission.

Copy, modify, distribute, publicly display, or create derivative works from Site content except as permitted by law.

Upload/transmit malware or unlawful, obscene, hateful, defamatory, or otherwise objectionable content.

Attempt to reverse engineer or decompile any software used on or provided through the Site.

We may investigate suspected violations and take action, including suspending or terminating access.

Intellectual Property

The Site and all content and materials (including text, graphics, logos, images, product names, and software) are owned by or licensed to ASP and protected by intellectual property laws. You receive only a limited, revocable license to use the Site for personal, lawful purposes.

ASP names/logos and other marks on the Site are trademarks of ASP or their respective owners, and may not be used without prior written permission.

User Content (Reviews, Comments, Submissions)

If you submit content (reviews, photos, comments, questions, etc.) (“User Content”), you represent you have the necessary rights and that it does not violate these Terms or third-party rights.

You grant ASP a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute User Content in any media for lawful business purposes (including marketing and Site operations).

You are solely responsible for your User Content.

Third-Party Links

The Site may include links to third-party sites or services. We do not control or endorse them and are not responsible for their content or practices. Your use is at your own risk.

Disclaimers

THE SITE AND ALL INFORMATION, CONTENT, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, secure, error-free, or free of harmful components.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ASP AND ITS AFFILIATES AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS/REVENUE/DATA, ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF: (A) $100 OR (B) THE AMOUNT YOU PAID TO US FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT.

Some jurisdictions do not allow certain limitations, so some limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless ASP from and against any claims, actions, demands, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to: (a) your use of the Site; (b) your violation of these Terms; (c) your User Content; or (d) your violation of any third-party rights.

Termination

We may suspend or terminate your account or access to the Site at any time in our sole discretion to the extent permitted by law, including for suspected fraud or violations of these Terms.

Electronic Communications and Notices

By using the Site or contacting us electronically, you consent to receive communications from us electronically. We may provide notices by posting to the Site, emailing you, or other reasonable means.

Dispute Resolution; Arbitration Agreement; Class Action Waiver

20.1 Informal Resolution First

If you have a dispute arising out of or relating to your use of the Site or Products, you agree to first attempt to resolve it informally by sending written notice describing the dispute and the relief sought to:

ASP INC.
29120 Avenue Paine
Valencia, CA 91355
(“Notice”)

If we do not resolve the dispute within 30 days after receiving your Notice, you may pursue arbitration or, if eligible, small claims court.

20.2 Arbitration

Except for eligible small claims matters, any unresolved dispute will be resolved by final and binding arbitration governed by the Federal Arbitration Act and administered by the American Arbitration Association (AAA) under its applicable rules.

Unless you and ASP agree otherwise, any arbitration hearing will take place in Los Angeles, California (or another reasonably convenient location agreed by the parties).

20.3 Class Action Waiver

ARBITRATION (AND ANY COURT PROCEEDING, IF ALLOWED) WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. YOU AND ASP AGREE THAT NO CLAIMS MAY BE BROUGHT AS A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS.

20.4 Small Claims Option

Either party may bring an eligible claim in small claims court instead of arbitration, provided the claim remains in that court and proceeds individually.

Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles, except where federal law (including the FAA) applies. Subject to the Dispute Resolution section, any action must be filed in state or federal courts located in or sitting over Los Angeles, California, and you consent to personal jurisdiction there.

Miscellaneous

Severability: If any provision is unlawful, void, or unenforceable, the remaining provisions remain in effect.
Entire Agreement: These Terms and the Policies are the entire agreement between you and ASP regarding the Site.
No Waiver: Our failure to enforce any provision is not a waiver.
Assignment: You may not assign these Terms without our consent; we may assign them as permitted by law.

Contact Us

For questions about these Terms or the Site, contact us at:

ASP INC.
29120 Avenue Paine
Valencia, CA 91355

Email: cjahn@cuccio.com (661) 257-7827 ext. 310

Shipping Information

Free ground shipping on any $40 online purchase

Free shipping by standard ground shipping on any $40 online purchases to the 48 contiguous states. Merchandise total must reach $40 after all discounts are applied and before any taxes or (if expedited) shipping fees. Free ground shipping offer is not a guarantee that the package will be delivered by any specific date and is subject to carrier terms, conditions, and availability. Your order may arrive in multiple shipments. Offer not valid on prior purchases or on orders going outside the contiguous 48 states or including to Alaska, Hawaii, Canada or Puerto Rico, or orders going to P.O. Boxes, APO or FPO.

Minimum Order: Must be $25.00

Shipping

When will my order ship?

*Orders for in-stock merchandise will be processed as quickly as possible. Your order may arrive in multiple shipments.

Expedited Shipping Ordering Deadlines & Arrivals

Expedited Shipping (2-3 Business Days)

This shipping methods is available for shipments to Alaska and Hawaii addresses only. Orders will not be shipped on weekends or holidays. Orders may be delayed in the event of peak periods, natural disasters, or inclement weather.

Hazardous Materials

The U.S. Department of Transportation (USDOT) restricts air shipment of items containing hazardous materials that could contribute to a fire or other mishap on board an aircraft. Products containing flammable, volatile or corrosive chemicals (e.g., aftershave, nail polish, nail polish removers) have this restricted status.. This is why Ground Shipping is required for all such items. For your convenience, all products that fall under the ORM-D HAZMAT classification are so noted.

We cannot ship some aerosol, nail polishes and alcohol-based products to Alaska or Hawaii. These products are considered hazardous materials and are required to be shipped by ground-only transport due to air transport restrictions and regulations. Please see above for more information.

Shipping Restrictions

Certain destinations are only serviced by select shipping methods. Depending on the shipping address you specify, you will only be offered shipping method options that are valid for that address type.

APO/FPO Military Addresses

Orders can be shipped to APO/FPO military addresses. However, please be aware of the following:

ASPNAIL.COM TERMS OF USE

Shipping Information

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