Legal notice
NAILSENS — Legal Notice & Policies
This Legal Notice applies to the sale of press‑on nails and related products ("Products") by the nailsens brand through its official website and authorized channels to consumers in the United States and the European Economic Area (EEA) .
1. Product Classification & Regulatory Status
United States Market
Nail products are regulated by the FDA under the Federal Food, Drug, and Cosmetic Act (FD&C Act). Nail polish, artificial nail systems, and similar items are generally classified as cosmetics, unless they claim to treat or prevent disease (e.g., fungal infections), which would subject them to drug requirements and stricter premarket approval.
Under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) , as the responsible person, nailsens must:
- Register each manufacturing facility with the FDA (renewed every two years)
- List each marketed product with the FDA (updated annually)
- Maintain safety substantiation records
- Report any serious adverse event (e.g., severe allergic reaction, injury requiring medical intervention) to the FDA within 15 business days
📌 The FDA does not pre‑approve cosmetics (except color additives). nailsens bears legal responsibility for the safety and labeling compliance of its products when used as directed.
European Market (EEA)
Pre‑formed press‑on nails are generally considered "articles" rather than cosmetics under EU border classification rules, thus falling under the General Product Safety Regulation (GPSR) . However, accompanying components such as nail polish coatings and adhesives may fall under Regulation (EC) No 1223/2009 (Cosmetics Regulation) .
If your product kit contains any cosmetic component, nailsens must comply with:
- Appointing an EU Responsible Person (RP) whose name and address appear on the label
- Preparing a Product Information File (PIF) for each product, retained for 10 years after the last batch is placed on the market
- Obtaining a Cosmetic Product Safety Report (CPSR) from a qualified safety assessor
- Completing a CPNP (Cosmetic Products Notification Portal) notification before placing on the market
- Labeling in the official language(s) of the country of sale, including INCI ingredient list, batch number, shelf life or period after opening (PAO), RP address, etc.
⚠️ Note: TPO as a photoinitiator has been banned in EU cosmetics since September 1, 2025. Certain methacrylate monomers (e.g., HEMA) are restricted in the EU. All nailsens formulations must be screened against Annexes II–VI before entering the EU market.
2. Product Safety, Allergies & User Warnings
Press‑on nails and associated adhesives contain chemical substances that may cause allergic reactions, skin irritation, or contact dermatitis in some users. Therefore, nailsens provides the following warnings on packaging and instructions:
- Do not use on damaged, infected, or inflamed nails or surrounding skin.
- If adhesive is cyanoacrylate‑based, avoid contact with eyes and skin. In case of accidental contact, soak in warm water to separate; do not forcibly pull apart.
- Keep out of reach of children unless under adult supervision. Products containing cyanoacrylates or solvents should be kept inaccessible to children.
- Pregnant or nursing individuals, and those with known allergies to acrylates/methacrylates, should consult a doctor before use.
- If redness, itching, burning pain, or other discomfort occurs, stop using immediately and rinse with water. Seek medical attention if symptoms persist.
- Follow package instructions for maximum wear time and reusability; do not exceed recommended wear duration.
nailsens has completed necessary stability, microbial limit, and patch testing where required, and maintains full safety documentation available for regulatory review. However, individual variations cannot be fully excluded, and this statement does not constitute an absolute guarantee of safety for any specific user.
3. Use Restrictions & Prohibited Claims
nailsens products are intended solely for decorative cosmetic purposes. We make no claims regarding:
- Treatment, prevention, or cure of any disease (including fungal infections)
- Pharmacological activity or medical benefits
- "Medical grade," "hypoallergenic," or similar terms unless supported by adequate clinical data (e.g., HRIPT)
Any use of nailsens products beyond decorative purposes is considered off‑label use, and nailsens assumes no liability for resulting harm.
4. Orders, Pricing & Availability
- Prices displayed on this website include/exclude VAT as indicated at checkout. Orders shipped to Europe may be subject to import VAT and duties, payable by the recipient.
- nailsens reserves the right to cancel orders prior to confirmation due to stock unavailability, regulatory qualification issues (e.g., a SKU not yet CPNP notified), or pricing errors.
- U.S. orders are subject to applicable state sales tax; European orders follow GPSR and local consumer protection laws.
5. Limitation of Liability
To the fullest extent permitted by law:
- nailsens products are provided "as is" and "as available" .
- nailsens shall not be liable for any indirect, incidental, special, or consequential damages arising from failure to follow instructions, misuse, allergic reactions, third‑party logistics delays, customs detention, or similar causes.
- In no event shall nailsens' total cumulative liability exceed the actual amount paid for the specific order.
- This clause does not exclude liabilities that cannot be contractually waived under applicable law (e.g., EU GPSR product safety obligations, mandatory U.S. state consumer protections).
6. Intellectual Property
nailsens, its logos, product designs, patterns, and packaging are the property of [Company Name] or its licensors, protected under U.S. and European intellectual property laws. Unauthorized reproduction, distribution, resale, or use for training AI models is prohibited without written permission. Any third‑party IP (e.g., cartoon characters, celebrity images) appearing on our products will only be used with proper licensing.
7. Changes to This Policy
nailsens may revise this notice from time to time due to regulatory updates (e.g., MoCRA rulemaking, amendments to EU 1223/2009 annexes, evolving GDPR practices). Material changes will be communicated via email or website announcement.
Questions? Contact hello@nailsens.com