Terms and Conditions

1. About JSWAY and These Terms

These Terms and Conditions (“Terms”) govern your access to and use of jsway.com, the JSWAY mobile application and related JSWAY ordering, customization, delivery, salon-collection and support services (together, the “Services”).

By creating an account, placing an order, clicking to accept these Terms or otherwise using a transactional feature of the Services, you agree to these Terms. If you do not agree, do not place an order or use the relevant transactional feature. Our Privacy Policy explains how we handle personal data and forms part of the framework governing the Services.

2. Eligibility and Accounts

• You must have legal capacity to enter into the transaction. If you are under 18, a parent or legal guardian must place or authorize the order and is responsible for the transaction to the extent permitted by law.
• You must provide accurate, current information and keep account details and contact information reasonably up to date.
• You are responsible for safeguarding your login credentials and for activity carried out through your account unless caused by our breach or security failure.
• You must promptly notify us at [EMAIL] if you suspect unauthorized access or misuse of your account.

3. What JSWAY Provides

JSWAY allows customers to communicate a nail concept, select preferences such as shape, length, and design, submit sizing information for each finger, and order a customized nail set. Depending on the option selected at checkout, a completed order may be delivered to an address or made available at a participating salon/collection location. Certain features may also allow you to save a sizing profile and reorder more quickly in the future.

Marketing phrases such as “Nail Your Fantasy” or “all fantasies allowed” describe creative flexibility, not an unconditional obligation to reproduce any requested content. We may decline or request changes to a design that is unlawful, infringing, abusive, technically unsafe, impossible to reproduce with available materials, inconsistent with platform policies or reasonably objectionable in the circumstances.

4. Product Information and Custom Nature of Orders

JSWAY nail sets are individually customized using the information you provide. Images, examples, previews and reference photographs are illustrative. Actual colors, finishes, proportions and details may vary because of lighting, screen settings, material availability, handcrafted production and reasonable artistic interpretation. A reasonable variation that does not materially depart from the accepted design is not necessarily a defect.

Before confirming an order, you should review the product description, selected shape and length, sizing information, design notes, quantity, price, delivery/collection method, estimated production timing and any other checkout information. If there is an obvious error, contact us promptly before production begins.

5. Sizing Responsibilities

Correct sizing is central to a custom nail set. JSWAY may use a sizing kit or scale (including sizes 0–9), and may allow optional information such as curve/profile and nail-bed length. You are responsible for following the published measuring/sizing instructions and for checking the sizes you submit. Where you are uncertain, use the available sizing guidance or contact support before ordering.

If the set is materially incorrect because JSWAY manufactured a size different from the size confirmed in your order, the matter will be treated as a JSWAY fulfillment issue under the remedies section below.

If the set does not fit because the measurements or size selections supplied by you were inaccurate, incomplete or changed after ordering, that is not ordinarily a manufacturing defect. We may, at our discretion, offer a paid or discounted remake or replacement.

A saved sizing profile is provided for convenience. You are responsible for updating it if your nail dimensions, preferred fit or other relevant information changes before a reorder.

Where a customer asks a salon or another third party to measure on the customer’s behalf, responsibility for the measurement depends on the contractual arrangement with that party and applicable law. JSWAY remains responsible for its own manufacture and fulfillment obligations.

6. Design References and Intellectual Property

You may provide descriptions, sketches, photos or other references to explain the style you want. You retain ownership of content you own. By submitting it, you grant JSWAY a limited, non-exclusive license to access, reproduce, adapt and use that content only as reasonably necessary to assess, produce and support your order and to comply with law.

You confirm that you have the right to submit the reference material for this purpose and that doing so will not unlawfully infringe another person’s copyright, trademark, privacy, publicity or other rights. JSWAY may refuse exact replication of protected logos, characters, artworks or brand elements where permission is not reasonably established.

We will not use customer photographs or custom designs in advertising, social media or a public portfolio in a way that identifies you unless we have a lawful basis and, where required, your permission. Separate consent may be requested for promotional use.

7. Orders and Contract Formation

An order is an offer by you to purchase the selected product or service. We may acknowledge receipt electronically, but a binding order is formed when we accept the order through an order-confirmation message, payment confirmation, production-status confirmation or another clear acceptance communicated through the Services. We may decline an order before acceptance where stock/materials are unavailable, the design is not feasible, payment fails, fraud is suspected, information is incomplete, or there is a clear pricing/technical error.

If we cannot accept an order after payment has been taken, we will refund the amount received for the unaccepted order using the original payment method or another lawful agreed method, subject to normal payment-provider processing times.

8. Prices, Taxes and Payment

Prices are shown in the currency displayed at checkout and should state whether applicable taxes and delivery charges are included or added. You must pay the total amount shown and accepted at checkout, including any disclosed deposit. We may use third-party payment processors and do not need to store full card or mobile-money credentials ourselves.

If a price is clearly erroneous because of a technical or typographical mistake, we may cancel the affected order before production and provide a refund. We will not increase the agreed price after acceptance without your agreement, except for a lawful charge arising from a change you request.

9. Customization Changes and Cancellation Before Production

Because each set is made to order, changes requested after acceptance may affect price and production time. We will tell you whether a requested change can be accommodated and any additional charge before implementing it. Once custom production has materially begun, cancellation or redesign may not be possible without loss of material and labor already committed, subject always to any non-excludable rights under Kenyan consumer law.

The checkout and confirmation process must provide the disclosures and opportunities required by the Consumer Protection Act for an internet agreement, including an opportunity to review and correct errors immediately before entering into the agreement and a copy or record of the agreement in the required manner.

10. Production Times and Availability

Any production or readiness date is an estimate unless we expressly guarantee a date in writing. Custom designs, complex art, supply interruptions, confirmation delays or events outside reasonable control may extend the estimate. We will use reasonable efforts to communicate a material delay. If a delay becomes substantial, any cancellation or refund right will be determined by the agreed order terms and applicable law.

11. Delivery and Salon Collection

You must provide a complete and accurate delivery address or select the correct collection location and provide a reachable phone number where reasonably required for fulfillment.

Delivery risk and responsibility pass in accordance with applicable law and the delivery method used. We remain responsible for our obligations where we engage a delivery provider on our behalf.

If a delivery cannot be completed because the address is incorrect, access is unavailable, or the recipient cannot be reached after reasonable attempts, additional delivery or redelivery charges may apply where disclosed and lawful.

For salon collection, you may be required to provide your name, order number or another reasonable identifier. Collection hours and local salon procedures may apply.

If a salon provides separate beauty, fitting, application or other services not sold by JSWAY, those services may be subject to the salon’s own terms. JSWAY remains responsible for the JSWAY product and any service expressly sold by JSWAY.

12. Inspection, Defects, Remakes, Returns and Refunds

Please inspect your order promptly after receipt or collection and contact (EMAIL) with the order number, a clear description of the issue and, where appropriate, photographs showing the problem. Nothing in these Terms excludes a remedy that Kenyan law gives you for goods or services that are defective, misdescribed, unsafe or not supplied with the required standard of care.

For hygiene and product-integrity reasons, we may decline return of used or applied nail products where there is no defect and the law permits that restriction. This does not affect rights in relation to defective, unsafe, misdescribed or incorrectly supplied products.

13. Nail Care, Adhesives and Safety

Follow the care, fitting, removal and adhesive instructions supplied with the product or on the Services. Do not use a product or adhesive if you know you are allergic or sensitive to an ingredient. Stop use and seek appropriate professional or medical advice if you experience a serious or persistent reaction. JSWAY does not provide medical diagnosis and product information does not replace professional health advice.

Keep adhesives, removers and small nail components away from children and use them only for their intended purpose. Do not intentionally ingest products, apply them to damaged/infected tissue or use them contrary to manufacturer instructions. Where an adhesive or accessory is supplied by a third-party manufacturer, its specific safety directions also apply.

14. Accounts, Saved Profiles and Reorders

If you save a sizing or design profile, it is intended to make future ordering easier. A reorder remains a new purchase. You should review the saved size, design, price and delivery details before confirming. We may discontinue materials, colors or designs and may offer a reasonably similar alternative only with your agreement where the change is material.

15. Promotions, Vouchers and Loyalty Features

Promotional codes, vouchers, credits or loyalty benefits are subject to any specific rules displayed with the offer, including eligibility, expiry, product exclusions, non-transferability and limits on combination. We may withdraw or correct a promotion affected by fraud, abuse or an obvious technical error, without removing rights already lawfully acquired by a consumer.

16. Reviews, Feedback and Community Content

If you submit a review, comment or other public-facing content, you must ensure it is truthful to your experience, lawful and does not disclose another person’s private information. You grant us a non-exclusive licence to display and format content you intentionally submit for publication. We may moderate or remove content that is unlawful, fraudulent, abusive, spam, infringing or unrelated to the relevant service, but we will not manipulate genuine reviews to create a misleading impression.

17. Acceptable Use

• Do not use the Services for fraud, unlawful activity, harassment, infringement or to transmit malware or malicious code.
• Do not attempt to bypass security, gain unauthorized access, scrape the Services at an unreasonable scale, interfere with availability or reverse engineer protected software except where law expressly permits.
• Do not impersonate another person, misuse payment information, submit content you have no right to use or place sham orders.
• We may suspend access reasonably necessary to protect users, investigate fraud or security threats, comply with law or address a material breach.

18. Third-Party Services and Links

Payment processors, delivery companies, authentication providers, app stores, social-media platforms and linked websites may have separate terms. We are not responsible for an independent third party’s service merely because the Services link to it, but this does not exclude responsibility that the law places on JSWAY for a contractor or processor acting on our behalf.

20. Privacy

Our Privacy Policy explains the personal data we collect, the purposes of processing, sharing, retention, deletion, security and your rights. Where the app requests access to personal or sensitive device data, any required prominent disclosure and consent process will be provided in the app in addition to the Privacy Policy.

21. Service Availability and Changes

We may update the website, app, product range, sizing guidance, interface or non-material features for security, improvement, availability or legal compliance. We do not guarantee uninterrupted access to digital Services. Planned or emergency maintenance, network failures, app-store issues or events outside reasonable control may cause temporary unavailability.

22. Liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including liability arising from fraud, wilful misconduct, death or personal injury caused by negligence where exclusion is prohibited, or mandatory consumer rights. We will provide goods and Services with the standard required by applicable law.

To the maximum extent permitted by law, JSWAY is not responsible for loss caused solely by inaccurate sizing or instructions supplied by the customer, misuse contrary to care/safety instructions, unauthorised alteration of a product, or an independent third-party service outside our reasonable control. We are not liable for remote or indirect losses that were not reasonably foreseeable from the transaction, except where the law provides otherwise.

23. Indemnity for Unlawful User Content

To the extent permitted by law, you are responsible for third-party claims arising directly from content you knowingly submitted without the necessary rights or from your deliberate unlawful use of the Services. This clause does not require a consumer to indemnify JSWAY for JSWAY’s own breach, negligence, unlawful conduct or failure to provide mandatory consumer remedies.

24. Force Majeure

We are not responsible for delay or failure caused by an event beyond our reasonable control, such as natural disaster, widespread network/cloud outage, civil disturbance, lawful government action, serious supply-chain interruption, epidemic, fire, flood or similar event, provided we take reasonable steps to mitigate the impact and comply with any mandatory consumer remedies.

25. Suspension, Termination and Account Deletion

You may stop using the Services at any time, subject to obligations attached to an accepted custom order. We may suspend or terminate an account where reasonably necessary for material breach, fraud, non-payment, security threats, unlawful use or legal requirements. If the app permits account creation, the Privacy Policy explains how to request account and associated data deletion both in-app and through the external deletion page.

26. Complaints and Dispute Resolution

Please first contact (EMAIL) with your order number and sufficient details for us to investigate. We will attempt to resolve the matter in good faith. You remain free to exercise any statutory complaint, refund or court right available under Kenyan law. Nothing in these Terms prevents a consumer from approaching a competent regulator or court.

27. Governing Law and Jurisdiction

These Terms are governed by the laws of Kenya. Subject to any mandatory consumer-protection rules or lawful alternative dispute-resolution agreement, the courts of Kenya have jurisdiction.

28. Changes to These Terms

We may update these Terms for legal, security, operational or product reasons. The current version will display the effective date. A material change will not retroactively remove rights already accrued under an accepted order, and we will provide notice where required by law.

29. General

If a provision is held invalid or unenforceable, the remaining provisions continue to the extent permitted by law. A delay in enforcing a right is not a waiver. Headings are for convenience. These Terms, the accepted order/checkout information, any specific promotion or delivery terms and the Privacy Policy form the applicable agreement for the relevant transaction, with specific agreed order terms prevailing over general Terms where they directly conflict.

30. Contact

JSWAY legal entity: (JSWAY LEGAL ENTITY NAME). Website: https://jsway.com. Support: (EMAIL). Telephone: +254706314811. Postal/physical address: [ADDRESS, KENYA].