Terms of Service

Phenomenail®

Last updated: 14 October 2026

1. Overview

Welcome to Phenomenail®.

These Terms of Service govern your use of our online store and the purchase of products through our website.

By accessing our website, placing an order or purchasing products, you agree to these Terms of Service, subject to your applicable statutory rights.

Phenomenail® is a UK-based, family-run business supplying professional nail products, tools, accessories and related items.

We reserve the right to update these terms where necessary. Changes will apply to future transactions and will not retrospectively alter the terms of orders already accepted.

2. Professional Use & Customer Responsibilities

Phenomenail® specialises in products intended for qualified nail technicians and nail industry professionals.

The Phenomenail™ M.E.T.A Pro Gel System, including BOND-R, UNIGEL-X, STRUCT-R, PIGM-A and FIN-X, is intended for professional nail use.

By purchasing professional-use products, you acknowledge that:

• You are responsible for ensuring you have the appropriate knowledge, training and competence to use the products safely.

• Products must be used in accordance with their instructions, warnings and intended purpose.

• You are responsible for determining whether products are suitable for your intended professional services.

• Professional products must be stored, handled and applied appropriately.

• Products must be kept away from children and unauthorised users.

Professional-use labelling does not remove statutory rights where a transaction legally qualifies as a consumer purchase.

3. Product Information & Availability

We make every reasonable effort to ensure product descriptions, images, specifications and pricing are accurate.

However:

• Product colours may appear differently depending on screen settings, lighting and display calibration.

• Packaging may be updated periodically without affecting the product's essential characteristics.

• Product availability may change without notice.

• We reserve the right to correct genuine errors in product information or pricing.

We will not substitute a materially different product without your agreement.

If an error or stock issue affects an order, we will contact you to discuss the available options, including a refund where appropriate.

4. Orders & Acceptance

Placing an order constitutes an offer to purchase products from Phenomenail®.

An automated order acknowledgement confirms receipt of your order but does not necessarily constitute acceptance.

An order is accepted when we confirm acceptance or dispatch the goods, whichever occurs first.

We reserve the right to decline or cancel orders where there is a legitimate reason, including suspected fraud, payment issues, stock unavailability or a genuine pricing error.

Where payment has already been collected for an order we cannot fulfil, the relevant amount will be refunded.

Customers are responsible for providing accurate billing, delivery and contact information.

5. Pricing & Payments

All prices are displayed in the currency shown at checkout.

Any applicable taxes, delivery charges and additional fees will be disclosed before an order is submitted.

Payments are processed through the payment methods available at checkout.

We do not guarantee the continued availability of any particular payment provider or payment method.

Orders will not be dispatched until payment has been successfully authorised or otherwise arranged through an accepted payment service.

Where a third-party payment provider offers instalments or financing, its separate terms may also apply.

6. Shipping & Delivery

Orders are processed and dispatched according to the delivery information provided on our website.

Estimated dispatch and delivery times are provided as guidance and are not guaranteed unless expressly agreed.

Customers must ensure that the delivery address supplied at checkout is accurate and complete.

Where delivery is delayed, lost or unsuccessful, we will handle the matter in accordance with applicable contractual and statutory obligations.

For consumer purchases, responsibility for goods generally passes to the customer when they, or a person they nominate, take physical possession of them, subject to applicable legal exceptions.

Additional shipping terms may apply to business purchases.

7. Returns, Refunds & Final Sale

Phenomenail® operates a separate Returns & Refunds Policy, which forms part of these Terms of Service.

For genuine business-to-business (B2B) purchases, certain products are designated Final Sale, including:

• Phenomenail™ M.E.T.A Pro Gel System products

• Professional nail preparation liquids

• Cuticle pushers, scissors, nippers and other professional tools

• Other products clearly identified as Final Sale

For these business purchases, we do not accept change-of-mind returns, refunds or exchanges.

This restriction does not affect applicable legal rights relating to faulty, damaged or incorrectly supplied goods.

Where a purchase legally qualifies as a consumer transaction, applicable consumer cancellation and statutory rights remain protected.

Please refer to our Returns & Refunds Policy for full details.

8. Product Safety & Proper Use

Phenomenail™ gel products are designed for professional application and must be used in accordance with their instructions and safety information.

Customers are responsible for following appropriate professional practices, including:

• Correct nail preparation and application techniques

• Appropriate curing equipment and curing procedures

• Avoiding unnecessary skin contact with uncured gel

• Maintaining suitable hygiene and infection-control standards

• Safe storage and handling

• Following product warnings and relevant safety guidance

Products must not be used contrary to their stated instructions or intended purpose.

Phenomenail® does not accept responsibility for damage caused solely by improper use, incorrect application, unsuitable equipment, contamination or failure to follow supplied instructions.

Nothing in this section excludes liability for defective products or any other liability that cannot lawfully be excluded.

9. Allergies & Sensitivities

Professional nail products may contain ingredients capable of causing irritation or allergic reactions in susceptible individuals.

Customers must review relevant product information and ingredient listings before use.

The absence of specific ingredients, including HEMA or TPO, does not guarantee that a product is free from allergy risk.

Professional users are responsible for following appropriate safety precautions and recognising circumstances in which a product should not be applied.

Discontinue use where an adverse reaction is suspected and seek appropriate medical advice.

Nothing in this section limits any legal rights or remedies relating to product safety or defective goods.

10. Intellectual Property

All original Phenomenail® website content, branding, product photography, written materials, educational resources, graphics and other protected creative works remain the intellectual property of their respective rights holders.

Phenomenail® and Phenomenail™ branding must not be reproduced or used in a manner that infringes applicable intellectual property rights.

Without prior written permission, you must not:

• Reproduce or redistribute protected educational materials

• Copy original product photography or website content for commercial use

• Misrepresent yourself as an authorised Phenomenail® representative

• Use our branding to imply an endorsement, partnership or affiliation that does not exist

Customers may share product images and information for legitimate promotional purposes where permission has been granted or use is otherwise legally permitted.

Nothing in these terms restricts uses permitted by law.

11. Resale & Distribution

Purchasing products from Phenomenail® does not automatically grant official distributor, stockist, educator, ambassador or brand representative status.

Any authorised commercial partnership or distribution arrangement must be agreed separately.

Customers must not falsely represent themselves as official Phenomenail® partners.

Nothing in this section restricts lawful resale of genuine products where such resale is permitted by applicable law.

12. Website Use

You agree not to use our website for unlawful or fraudulent purposes.

You must not knowingly:

• Introduce malicious software or harmful code

• Attempt unauthorised access to our systems

• Interfere with website functionality or security

• Use false information to commit fraud

• Infringe the intellectual property rights of Phenomenail® or third parties

We reserve the right to restrict access where reasonably necessary to protect our website, customers or business.

13. Third-Party Services

Our online store operates using Shopify and may incorporate third-party payment processors, delivery services and other service providers.

These providers may operate under their own terms and privacy policies.

Phenomenail® is not responsible for independent third-party services outside our reasonable control, except where applicable law makes us responsible.

14. Limitation of Liability

To the fullest extent permitted by applicable law, Phenomenail® will not be liable for losses arising solely from misuse of products, failure to follow instructions or circumstances outside our reasonable control.

For business customers, we do not accept liability for indirect or consequential commercial losses, including lost profits or business interruption, to the extent such exclusions are lawful and reasonable.

Nothing in these Terms of Service excludes or restricts liability for:

• Death or personal injury caused by negligence

• Fraud or fraudulent misrepresentation

• Breach of statutory rights where exclusion is prohibited

• Defective products where liability cannot lawfully be excluded

• Any other liability that cannot legally be limited or excluded

15. Privacy & Personal Information

We handle personal information in accordance with our Privacy Policy and applicable UK data protection legislation.

Personal information provided during ordering, payment and customer enquiries is used for legitimate business purposes, including processing orders and providing customer support.

Please refer to our Privacy Policy for further information.

16. Governing Law

These Terms of Service are governed by the laws of England and Wales, subject to any mandatory legal protections that apply to the customer.

Disputes relating to business purchases will be subject to the jurisdiction of the courts of England and Wales, unless otherwise required by law.

Nothing in these terms removes any mandatory rights a consumer may have regarding applicable law or where legal proceedings may be brought.

17. Contact Information

For questions about these Terms of Service, orders, products or customer support, please contact Phenomenail® through our official website contact form:

Please include your order number where your enquiry relates to an existing purchase.

18. Statutory Rights

Nothing in these Terms of Service is intended to exclude, restrict or override rights or remedies that cannot lawfully be excluded under applicable UK legislation.

Where any provision is found to be unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

19. Professional Use, Training & Product Responsibility

Products sold by Phenomenail® are intended exclusively for qualified or certified nail technicians and individuals actively undertaking an accredited nail technician training course.

By placing an order, customers confirm that they are either a qualified or certified nail technician or are currently enrolled in an accredited nail technician training course.

Individuals undertaking training must use products only within the scope of their training, in accordance with their course requirements and under appropriate supervision where required.

19.1 Product Safety and Responsible Use

Phenomenail™ cosmetic gel products are subject to Cosmetic Product Safety Assessments (CPSRs) in accordance with applicable UK cosmetic product safety requirements.

Customers are responsible for ensuring that all products are used for their intended professional purposes and in accordance with supplied instructions, safety information, recommended application and curing procedures, and appropriate professional hygiene practices.

Customers must ensure that they have the necessary training, competence and equipment to use the products correctly and safely.

19.2 Adverse Reactions, Misuse and Liability

Individual sensitivities and allergic reactions may occur even when cosmetic products have been appropriately safety-assessed and used as intended.

Phenomenail Ltd shall not be liable for loss, damage, injury or adverse reactions to the extent that these arise from incorrect application, improper curing, misuse, failure to follow supplied instructions, inappropriate product combinations or use outside the purchaser's professional competence or training, except where liability cannot lawfully be excluded.

Customers are responsible for assessing the suitability of products for their intended application and for taking appropriate precautions when providing professional nail services.

Nothing in these Terms of Service excludes or restricts liability for death or personal injury caused by negligence, liability under applicable product safety legislation, or any other liability that cannot lawfully be excluded or limited.

Nothing in this section affects customers' statutory rights.

19.3 Acceptance of Terms

By completing the mandatory confirmation at checkout, customers acknowledge that they meet the professional eligibility requirements and confirm that they have read, understood and agree to these Terms of Service and the store's applicable policies.