Terms of Service
GENERAL
This website (www.zingywear.com) is operated by Zingy GearStaringstraat 28 H 1054VR Amsterdam,the Netherlands. Throughout the site, the terms “we”, “us” and “our” refer to Zingy Gear. These terms and conditions apply to all purchase orders submitted to www.zingywear.com (hereinafter referred to as the ”Web Site”).
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Wix.com Ltd. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
INDEX
SECTION 1 - ONLINE STORE TERMS
SECTION 1 - ONLINE STORE TERMS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
The Web Site is intended for sales to consumers only. If you are below the age of 18 you must gain parental approval before submitting any order through the Web Site. If not, the buyer may become liable for the possible costs an invalid agreement may involve.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - ORDERS, PAYMENT & DELIVERY
Normally orders are shipped within 1-2 business days from order confirmation and can be expected to be delivered within the timeframe displayed on Shipping Page.
We deliver orders within Netherlands and Europe and/or most countries worldwide but may not ship to certain countries outside the European Union. If you have an inquiry as to whether or not we ship to a specific location, please contact us at info@zingywear.com.
Delivery times are estimates only and may take longer than expected (particularly during peak seasons e.g. Christmas). If working days are specified as deadlines, we understand this to mean all days from Monday up to and including Friday, with the exception of public holidays.
You are asked to inspect delivered items upon delivery and report any deviations found as described under our Returns policy. In case you fail to collect your products upon delivery, we reserve the right to debit you a charge to cover our cost for return freight and administration.
We offer 14-day right-of-return of your order, calculated from the date of delivery. If you wish to make such a return please follow our return instructions. Items shall be returned properly wrapped and packed. As soon as we have received the returned items, and have been able to confirm that the return requirements are met, we will refund your payment.
We reserve the right to refuse returns that are shipped after the 14-day grace period has expired or for items that are not returned to us in their original condition.
In case you find that an item delivered by us to you is defective you should contact us at info@zingywear.com as soon as possible with a formal complaint, to get a replacement delivery. The same applies in case you identify that a product has been damaged during transportation or you identify other deviations in the delivery, e.g. received the wrong or multiple products.
Sale items are not subject to refund but exchange or store credit.
Customer is responsible for the return shipping cost. In case of a return the risk (for loss or damage during delivery) is on the customer.
Promotions & Discounts
Terms and conditions for all current special offers and promotions are published on the Web Site. All promotion start & end times are published at the local Netherlands (GMT+2) time.
Promotions may not be combined with any other offers or discounts. Promotions and discount codes are only valid on new orders and cannot be applied retrospectively.
Promo codes must be entered at the check-out page to have the discount applied. Promo codes and discounts will be allocated proportionally among all qualifying items in your order. Promo codes are non-transferable and must be used in a single checkout process. Promo Codes do not apply to taxes, shipping costs, or handling fees.
Offers only good while supplies last. Offers may not be combined with any other offer or discount. Offer will automatically be added to the cart for qualifying products.
On orders eligible for discount, the value of the discount is considered as a general discount on the total amount of the order. If part of or the entire order is sent back for refund the value of the returned merchandise is recalculated and the purchase price minus the relative share of the overall discount will only be credited.
Final sale items cannot be refunded.
Free shipping offer applies to all orders placed where the subtotal value is €100or more, and placed at www.zingywear.com. This promotion will automatically be added to the cart for qualifying orders.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 5 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 6 - THIRD-PARTY LINKS
Certain content, products, and services are available via our Service and may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 7 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 8 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 10 - PROHIBITED USES
You may use our site only for lawful purposes. You may not use our site: (a) in any way that breaches any applicable local, national, or international law or regulation, (b) in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect, (c) for the purpose of harming or attempting to harm minors in any way, (d) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam), (e) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree (f) not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of this policy, (g) not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Zingy Gear, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 12 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Zingy Gear and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 13 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 15 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Web Site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 16 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The Netherlands.
SECTION 17 - CONTACT INFORMATION
If you have any concerns about material that appears on our site, please contact info@zingywear.com
Zingy Gear
Staringstraat 28 H
1054VR Amsterdam
The Netherlands
KVK Number: 89028937
VAT Number: NL004690610B50
PAYMENT METHODS
- Credit / Debit Cards
- PAYPAL
- Offline Payments