Sets by Hand
Artists
All policies

Draft. Final version coming before launch. Anything in [brackets] is still being decided.

Sets by Hand Terms of Service

Last updated: [DATE]

The short version

  • Sets by Hand is a marketplace. Independent US nail artists design, make and ship every set. We run the site, take payment, and help if something goes wrong.
  • Every set is made to your 10 sizes, so we can't take returns if you change your mind. We do fix real problems (see our Refunds, Remakes and Returns policy).
  • After you pay, the artist has 24 hours to accept your order. If she doesn't, you get a full refund automatically.
  • You must be 18 or older to buy.
  • Be honest, be kind, and don't misuse the site. If we have a disagreement, let's try to sort it out by email first.

1. Who we are and what these terms cover

These Terms of Service ("Terms") are an agreement between you and [COMPANY LLC] ("Sets by Hand", "we", "us" or "our"). They apply when you visit our website, browse designs, use the size check, sign up for updates, place an order, leave a review (once reviews open), or contact us (together, the "Service").

These Terms work together with these other policies, which are part of this agreement:

  • Refunds, Remakes and Returns Policy
  • Shipping and Lost Packages Policy
  • Content and Upload Rules
  • Reviews Policy
  • Privacy Policy

If you sell on Sets by Hand as a nail artist, the Seller Terms also apply to you.

By using the Service, you agree to these Terms. If you don't agree, please don't use the Service.

2. How the marketplace works

2.1 Marketplace sets. Every set on Sets by Hand is designed, made and shipped by an independent nail artist ("artist"). When you order a set, you are buying from that artist. Sets by Hand is not the maker or seller of the sets. We provide the platform: listings, checkout, payment processing, shipping labels, and customer support.

2.2 We are not the artist's employer. Artists are independent businesses. They set their own designs, make times and (within our rules) prices. We do not control how they make their sets. We do set quality and conduct standards, and we can remove artists who don't meet them.

2.3 We still have your back. Even though artists are independent, our Refunds, Remakes and Returns Policy applies to every order placed through Sets by Hand. If an artist doesn't make it right, we will step in as described in that policy.

3. Who can use Sets by Hand

3.1 Age. You must be at least 18 years old to place an order or sell. If you are under 18, a parent or guardian must place the order for you. We do not knowingly collect personal information from children under 13.

3.2 Location. We currently ship only to addresses in the United States. [Decision: confirm whether APO/FPO and US territories are included.]

3.3 Accounts. You don't need an account to shop. Artists sign in to run their shop. If you have a login, keep it private. You are responsible for activity on your account. Tell us right away at [EMAIL] if you think someone else has used it.

4. Orders and custom sets

4.1 Made for you. Every set is custom made to the sizes you give us. Once an artist starts making your set, it can't be sold to someone else. That is why we don't accept returns for change of mind.

4.2 Your sizes. Every set needs your 10 sizes (0 to 11 for each finger), and you can't check out without them. You can find them with our size check (one photo of your hand next to a quarter) or type them in if you know them. You are responsible for giving the right sizes, so please measure carefully. Our Refunds, Remakes and Returns Policy explains what happens if sizes are off.

4.3 Design photos are examples. Each set is handmade, so small differences from the listing photo (for example, slight color shifts from screens, or tiny differences in hand-painted details) are normal and are not defects. A set that is clearly a different design, color or shape than what you ordered is a problem we will fix.

4.4 Make times. Each artist lists how many days she needs to make a set (usually 3 to 10 business days). Shipping time is added after that. Make times are good-faith estimates, not guarantees, except for rush orders as described in our Shipping policy.

4.5 Add-ons. You can add extras such as spare nails, an extra glue and tab kit, or rush (where offered). Add-ons are listed with their price before you pay.

4.6 One bag, one payment. Your bag can hold sets from up to 5 artists, and you pay for it all at once. Each set becomes its own order. Each artist accepts, makes and ships her own sets.

4.7 Order acceptance. After you pay, the artist has 24 hours to accept each order. If she declines it, or doesn't accept it within 24 hours, that order is cancelled and you get a full refund for it automatically. We or the artist may also cancel an order (with a full refund) if, for example, the design can't be made, the listing had an error, or we suspect fraud.

4.8 Cancelling. You can cancel for a full refund until the artist marks your order as "in progress", or within [2] hours of ordering, whichever comes first. To cancel, email [EMAIL] with your order number. After that, the set is being made just for you and can't be cancelled, except as our policies allow (for example, if the artist is very late).

4.9 Booked artists. Some artists are fully booked at times. You can ask us to tell you when an artist opens again. This is free and does not hold a spot for you.

5. Prices, payment and fees

5.1 What you pay. Before you pay, you'll see the price of each set, add-ons, shipping, order protection, and any sales tax:

  • Shipping: $6.50 per artist. Each artist mails her own package, so sets from two artists means two packages and $13 shipping.
  • Order protection: $0.50 per set. It is always included (see section 5.3).
  • Codes: a discount code comes off once per bag. It comes off the set prices only, never off shipping.

5.2 Payment. Payments are processed by Stripe. Sets by Hand charges you for the whole bag. We never see or store your full card number. We pay each artist through Stripe 3 days after her set is delivered. If a refund is needed after the artist has been paid, we handle it.

5.3 Order protection. Every set includes $0.50 order protection. It is shown on the set page and at checkout, and it can't be removed. If the mail loses your package, we remake the set or refund it in full, shipping included. Details are in our Shipping and Lost Packages Policy. Order protection is a service guarantee from Sets by Hand. It is not an insurance policy.

5.4 Sales tax. Where the law requires it, Sets by Hand collects and sends sales tax as a "marketplace facilitator", including for orders from artists.

5.5 Chargebacks. If you have a problem with an order, please contact us first. We can usually fix it faster than your bank can. If you file a chargeback for an order we've already refunded or remade, or for an order that was delivered as described, we may refuse future orders from you.

6. Health and safety

6.1 How press-ons are applied. Sets are applied with nail glue or adhesive tabs. Nail glue usually contains cyanoacrylate. Artists list the main materials used in their sets (for example, gel, acrylic, gems, glue type).

6.2 Patch test. If you have sensitive skin or known allergies (for example, to acrylates or adhesives), do a patch test before full use. Follow the instructions included with your set.

6.3 Stop if irritated. If you notice redness, itching, swelling, pain, or lifting that traps moisture, remove the nails and stop using them. See a doctor if symptoms don't go away.

6.4 Our responsibility. We require artists to disclose materials. Beyond that, neither Sets by Hand nor the artist is responsible for allergic reactions or injuries caused by misuse, ignoring instructions, or sensitivities to disclosed materials. Nothing on the site is medical advice. Glue and small parts (like gems) should be kept away from young children.

7. Your conduct

When using Sets by Hand, you agree not to:

  • Give false information, including fake names, addresses or payment details.
  • Harass, threaten or abuse artists, other customers, or our team.
  • Try to take orders off the platform to avoid our fees or protections (for artists, see the Seller Terms).
  • Post fake reviews or try to manipulate reviews (see our Reviews Policy).
  • Upload content that breaks our Content and Upload Rules.
  • Scrape, copy, or resell site content or designs without permission.
  • Hack, overload, or interfere with the site, or use bots to place orders or sign up for alerts.
  • Use the Service for anything illegal.

8. Content and intellectual property

8.1 Our stuff. The Sets by Hand name, logo, site design, and our own text and photos belong to [COMPANY LLC]. Please don't use them without permission.

8.2 Artist designs. Artists own the designs and photos they upload. They give Sets by Hand permission to show them on the site and in marketing (see the Seller Terms). Buying a set gives you the physical nails, not any rights to copy or sell the design.

8.3 Your content. If you send us photos, or post reviews once reviews open, you keep ownership. You give Sets by Hand a non-exclusive, royalty-free, worldwide license to host, display, and share that content on the Service and in our marketing, for as long as it's on the Service and a reasonable time after. Please only share photos you have the right to share.

8.4 Reporting copied designs. If you believe a design on Sets by Hand copies your work, follow the process in our Content and Upload Rules.

9. Suspension and closing accounts

You can close your account at any time by emailing [EMAIL]. We may suspend or close accounts, or refuse orders, from anyone who breaks these Terms, puts others at risk, or abuses our refund or remake process. If we do, we'll still complete or refund open orders where appropriate.

10. Disclaimers

We work hard to keep Sets by Hand running well and to keep artists to high standards. But the Service is provided "as is" and "as available". To the fullest extent the law allows, we don't promise that the site will always be available or error-free, and we make no warranties beyond those stated in our policies. Sets are made by independent artists, and we don't make product warranties on their behalf except as stated in our Refunds, Remakes and Returns Policy. Some states don't allow certain warranty disclaimers, so some of this may not apply to you.

11. Limitation of liability

To the fullest extent the law allows:

  • Sets by Hand and [COMPANY LLC] are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or data, related to the Service.
  • Our total liability for any claim related to the Service or an order is limited to the greater of (a) the amount you paid for the order the claim is about, or (b) $100.

Nothing in these Terms limits liability that can't be limited by law, such as liability for fraud or for injuries caused by our gross negligence.

12. Indemnity

If you break these Terms or the law, and that causes a claim against us, you agree to cover our reasonable costs from that claim (including reasonable legal fees), to the extent the law allows.

13. Disputes

13.1 Talk to us first. Most problems can be solved quickly. Before starting any legal claim, please email [EMAIL] with your name, order number, and what went wrong. We'll try to resolve it within 30 days.

13.2 Problems with an order. If you have a problem with an order, email [EMAIL] with your order number and photos. The artist gets the first chance to respond. If you and the artist can't agree within [3] days, we'll decide based on our policies, the order details, photos, and tracking. Our decision on refunds and remakes is final for purposes of the platform, but it doesn't take away any rights you have under the law.

13.3 Where disputes are heard. If we can't resolve a dispute informally, either of us may bring a claim in small claims court where you live (if it qualifies), or otherwise in the state or federal courts located in Connecticut. You and we agree to the personal jurisdiction of those courts. [Decision for lawyer: whether to add a binding arbitration clause and class action waiver.]

14. Governing law

These Terms are governed by the laws of the State of Connecticut, without regard to its conflict-of-law rules, except where federal law applies. If you are a consumer, you also keep any protections given to you by the laws of the state where you live that can't be waived.

15. Changes to these Terms

We may update these Terms from time to time. If we make important changes, we'll tell you by email or with a notice on the site at least [14] days before they take effect. The "Last updated" date at the top shows the latest version. Changes don't apply to orders placed before the change. If you keep using the Service after changes take effect, you accept the new Terms.

16. Other legal bits

  • If any part of these Terms can't be enforced, the rest still applies.
  • If we don't enforce a part of these Terms right away, we can still enforce it later.
  • You can't transfer your rights under these Terms. We may transfer ours if the business is sold or reorganized.
  • These Terms (plus the policies listed in section 1) are the whole agreement between you and us about the Service.

17. Text messages (SMS terms)

Program. Sets by Hand sends text messages about orders and shops. It has two parts:

  • Shoppers: updates about your order (accepted, shipped with tracking, delivered). About 2 to 5 texts per order.
  • Artists: sign-in codes when you ask for one, plus new orders, reminders to accept or ship, and payout notices. How many depends on your orders.

How you join. You join by ticking the text box at checkout, or in the seller terms when you claim your shop. A sign-in code is only sent when you ask for one. Agreeing to texts is never required to buy or to sell.

Stopping texts. Reply STOP to any text to stop them. We'll send one text to confirm and then no more. To start again, reply START. Sign-in codes still arrive when you ask for one.

Help. Reply HELP for help, or email [EMAIL].

Costs. Message and data rates may apply. Sets by Hand doesn't charge for texts.

Carriers. Mobile carriers aren't responsible for delayed or undelivered messages.

Privacy. We use your number only for the texts above. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. See our Privacy Policy.

18. Contact

Questions? Email us at [EMAIL].

[COMPANY LLC] [MAILING ADDRESS]