Zoara's Allgemeine Geschäftsbedingungen
ACCEPTANCE OF TERMS
PRODUCT AVAILABILITY, IMAGES, CERTIFICATION, CATALOG AND PRICING
Please note that given the nature of our business, jewelry may go out of stock before we have an opportunity to update that information on the website. You therefore understand that our online catalog is not a legal offer, but is rather contingent on availability or in legal terminology- invitation to treat, and the prices are subject to change without notice. In the event that the product you purchased is out of stock, we will either fully refund you or give you the alternate options that may suit your needs. While we certainly do our best to ensure the accuracy of product descriptions and prices, we cannot make such guarantees. As such, you recognize that the product descriptions and prices may be displayed incorrectly or inaccurately on our Site due to system, typographical or other errors. The price for your order is not confirmed until we process and issue final confirmation for the order. If the correct price of an item is higher than our stated price, we will, at our sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Zoara displays images of its diamond products online. You understand that select images are sample images representing the product’s characteristics in type and size, while others are true images of the corresponding product. Diamonds displayed on the Site may not represent the actual product that you will receive if you purchase the diamond product. Zoara is not obligated to supply real images of products on the Site. Should real product images be used in representing a product, it is understood that those images represent the visual appearance of the product at the time of photographing, and that the diamond product may have undergone visual or other changes since.
Please keep in mind that the products we display in our online catalog may appear larger or smaller than the actual size of such products; likewise, the coloring of the products may appear slightly differently than actual product colors depending on your computer and monitor. Note that three dimensional (3D) images and sketches contain a level of inherent distortion. Nor can Zoara guarantee that your monitor’s display of any product color, texture or detail will be accurate.
When you chose a diamond you may find that the diamond went through a certification process by a gemological laboratory that provided information on the diamond that could include grading of the diamond's color, clarity, cut, etc. Zoara has no control on the certification process nor has any association with the gemological laboratory. Therefore it is your responsibility to study the diamond's certificate information and the gemological laboratory reputation. Since all diamond grading is subjective, you agree and declare that prior to purchasing a diamond you fully examined its accompanying certificate and made all needed inquiries on such certificate's issuing gemological laboratory and found them adequate to your needs.
In addition, Zoara does not warrant that product descriptions, certification or any other content are accurate, complete, reliable current or error free. If a product offered by Zoara is not as represented in the Site or the accompanying certificate as described, your sole remedy is to return it in unused condition and in compliance with the Zoara return policy. Zoara provides to its users general and educational material in order to convey general information to its users. You understand that Zoara is not an authority on the subject matters of stones, diamonds or jewelry , and your decision to purchase should not be based on this such information without independently verifying the educational information provided on the Site. While Zoara takes pride in the accuracy of the information it provides, Zoara cannot guarantee that the informational and educational material will be accurate or complete at all times. Please be aware when purchasing products made from palladium, namely pendants or engagement rings, that the respective accompanying chains and heads may be made from 14 karat white gold.
Zoara reserves the right to refuse the fulfillment of any order, at any point pre or post order, at its sole discretion and without obligation to report the grounds for refusal should there be any, including, but not limited to, incorrect pricing information. Placing an order with Zoara, including via the website, online checkout, chat, or via a phone representative, in no way binds the Site to fulfill an order. Order fulfillment is carried out in best business practice and in good faith; The site therefore reserves the right to decline fulfillment of orders placed with direct or indirect intentions unknown to the Site, including but not limited to the intention to return placed orders and intentions concerning product comparison.
The content and nature of personalized products available in the Zoara product catalogue, including the language, words and spelling of name jewelry, are in no way a representation of the Site's interests or opinions. Zoara reserves the right to refuse personalization of jewelry containing but not limited to profane, discriminatory or otherwise offensive language at its sole discretion and without obligation to report the grounds for refusal should there be any.
At Zoara we take pride in the quality of all of our jewelry merchandise. If for any reason you are not completely satisfied with your purchase, we will be happy to refund or exchange the item within 60 days of its shipment, subject to the following terms and conditions.
How to Return Your Order: Please follow the 6 simple steps described below in order to return or exchange your jewelry item(s):
Contact Customer Service or email us at firstname.lastname@example.org before returning your item in order to make sure that you are eligible for return or exchange. We will provide you with a Return Authorization Number (RAN) for your return purposes. If you choose to email us, please be sure to include your order number and the reasons for return or exchange.
Print and complete (in its entirety) our Return Authorization Form. Make sure to clearly write down the Return Authorization Code number in the space provided for you. Please note that NO RETURN OR EXCHANGES CAN BE ACCEPTED WITHOUT A RETURN AUTHORIZATION CODE.
Carefully ship your item(s) with all the original packaging material, Return Authorization Form and original receipt by a pre-paid insured carrier to the address provided below. Be sure to keep hold of the tracking number for your own records. PLEASE DO NOT WRITE "JEWELRY" OR ANY OTHER WORD THAT COULD BE INDICATIVE OF THE PACKAGE'S CONTENT.
Insuring your return: Zoara is not responsible for the loss or damage of shipments that are returned to Zoara; the responsibility of ensuring that returns arrive undamaged is entirely yours. Thus, we strongly suggest that you insure any and all returns to Zoara, as we are not responsible for goods that have been lost, stolen or damaged in the shipping process. There is no dollar value amount too small to insure. Items may be returned through the United States Postal Service (USPS), FedEx, UPS, or your preferred shipping provider. Please check with your provider regarding specific insurance conditions for items over/under a certain value. Be sure to ask for a Return Receipt for confirmation of delivery. Please send your package to: ZO NY, 50 W 47th St. Suite 1711, New York, NY 10036
After receiving your item(s) our Quality Control Team will verify its condition and authenticity. Please note that items showing signs of wear and tear, or items that have been re-sized, engraved, altered or damaged in any way cannot be accepted for return.
Depending on your specific request, you will be issued either a complete credit refund or reimbursed with online credit at our store (for exchange purposes) within 7 business days of receiving your return.
Conditions of Return:
Kindly read the conditions below to verify that you are eligible for a return or exchange:
The item must be returned in its original state, unworn and unaltered in any way and returned in the original box and packaging received.
Any item containing special personal engravings are non-returnable. In case of an error made on our part, we will happily exchange the item to fit your order.
Items that have been damaged cannot be returned.
It is mandatory to return the original Diamond Grading Report provided to you. If for some reason you are unable to provide the original Grading Report, you will be charged a $100 replacement fee, which we may deduct from your refund or credit.
Shipping, customs and handling fees are non-refundable, and are deducted from your credit.
The returned item must include the original receipt.
Zoara does not allow comparison purchasing, the act of purchasing several items with the intent on returning all or keeping the one that you like.
We do not allow comparison purchasing due to the made to order nature of our products. Consequently, this type of purchasing would create extremely high costs for us as we are forced to discard several items unnecessarily. We disallow comparison purchasing on diamonds as well.
We may be able to offer you several alternate solutions if you aren't sure which product you would like to order. These alternate solutions could include additional information about the product and high quality images.
Please contact us at email@example.com or by phone or live chat for further assistance.
Zoara is here to assist you and ensure that you are completely satisfied with your purchase and online shopping experience. Our dedicated staff will guide you through the return process and is happy to answer any questions you may have regarding how to return your item. Please contact our Customer Service team for support.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
In addition to the Materials and Services offered by Zoara, this Site also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. Zoara offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services or products. You agree that you will not hold Zoara responsible or liable with respect to the Third Party Services or seek to do so.
Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the Site content for your personal, non-commercial purposes, subject to the following: (a) the content may not be modified or altered in any way; (b) you may not remove any copyright or other proprietary notices contained in the content; (c) Zoara reserves the right to revoke the authorization to view and download the content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Zoara.
The rights granted to you constitute a license and not a transfer of title. The rights specified above to view the Site content are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
The trademarks, logos, and service marks, including the Zoara family of trademarks, such as “Zoara” and “Engaging Diamonds and Jewelry,” (the “Marks”) displayed on this Site are the property of Zoara or other third parties. You are not permitted to use the Marks without the prior written consent of Zoara or such third party that may own the Marks.
In using the Site, including all Services and Materials available through it, you agree: not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another’s account, password, service, or system without authorization from; not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any linked sites.
WARRANTIES AND DISCLAIMERS
WITHOUT LIMITING THE FOREGOING, ZOARA MAKES NO WARRANTY THAT (I) THE SITE, SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (II) THE SITE, SERVICES AND MATERIALS (INCLUDING THE ACCURACY OF ANY PRODUCT PRICES AND DESCRIPTIONS) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR MATERIALS, INCLUDING PRODUCT DESCRIPTIONS, AND CUSTOMER FEEDBACK WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; AND (IV) THE QUALITY OF ANY SERVICES OR MATERIALS, INCLUDING JEWELRY, OBTAINED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
We may upload to the site content provided to us by our users, including customer reviews and proposal and wedding stories. You understand that while we certainly hope that our users will provide us with accurate information, we do not independently verify such information and cannot guarantee the accuracy of the content provided to us by our users.
You understand and acknowledge that (i) Zoara does not control, endorse, or accept responsibility for any content, products (including jewelry), or services offered by third parties through the Site; (ii) Zoara makes no representation or warranties whatsoever about any such third parties, their content, products (including jewelry), or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) Zoara shall not be liable or responsible for any content, products, or services offered by third parties.
DISCOUNTS AND GIFT CARDS
Promotional or coupon codes can be redeemed on the Site through online checkout or via phone order. These discounts may only apply to certain items or groups of items. The coupon code is valid for only those items specified in association with the code and expiry dates may apply. Only one coupon code may be used per order, and users redeeming a gift card may not apply a coupon to their gift card purchase. Zoara gift cards can only be purchased and redeemed in U.S. dollars. For security purposes, Zoara requires that you provide credit card details when redeeming your gift card. The card will not be charged unless the order total is greater than the amount on the card. Total gift card purchase cannot exceed 1,000 U.S. dollars per order. Zoara gift cards are sent via email, after payment processing has been completed. The gift cards are non-transferrable, cannot be redeemed for cash and cannot be returned for a cash refund. Unused amounts on your Zoara gift card will remain intact for future use. If the gift card does not cover the total purchase amount, the customer is responsible for paying the remainder of balance at the time of purchase. Zoara is not responsible for lost or stolen gift cards. Gift cards may be used on the Site via online checkout or phone order, and coupons and discounts cannot be applied to gift card purchases.
PERSONAL INFORMATION AND PRIVACY
LIMITATION OF LIABILITY
RISK OF LOSS
All items purchased from Zoara or the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
INDEMNITY AND LIABILITY
BINDING ARBITRATION AND CLASS ACTION WAIVER
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in the County and State of New York or the city within the United States in which you reside. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
Notwithstanding anything to the contrary, you and Zoara may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.