TERMS OF USE
TERMS AND CONDITIONS
The following Terms and Conditions govern your use of www.zahavanyc.com (herein, the “Site”), which is owned and operated by Zahava LLC ("Zahava NYC", "we", "us" or "our"). By visiting the Site or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (these “Terms of Use” or the "Terms"), as well as the Zahava LLC Privacy Policy and Shopping Policy. These Terms of Use apply to all users of the Site, including those who are but not limited to, browsers, vendors, customers, merchants, and contributors of content.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE SITE OR ENGAGE IN THE SERVICE.
We reserve the right to make changes to the Site and these Terms of Use at any time, with or without notice. It is your responsibility to check this page periodically for any changes. Your access or use of the Site constitutes acceptance of the Terms and Conditions in effect at that time.
Our store is hosted on Squarespace, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
These Terms and Conditions were last modified as of July 28, 2017.
AGE POLICY
You may not use the Site if you are under the age of thirteen (13). Our Site is a general audience site that is not designed nor intended for children under the age of thirteen (13).
PAYMENT
Certain products offered by (or on behalf of) Zahava LLC through the Site (such as handbags, leather goods, and other accessories) will require payment by you (“Products”). You shall pay all applicable fees (displayed in U.S. Dollars), as described on the Site, in connection with the Products selected by you. Full payment is due upon checkout, prior to order processing. We accept Visa, MasterCard, American Express, and Discover. We do not accept checks or money orders. Sales tax is added to all orders shipping to an NYS address. All orders are securely processed and verified through the Stripe Payment Platform.
Zahava LLC reserves the right to change its prices (and to institute new charges) for the Products at any time. Purchases by you following the posting of such changes on the Site constitutes your acceptance of any new or increased charges. Zahava LLC reserves the right to cancel any orders that do not meet security standards.
Please see our Shopping Policy for more information.
PRODUCTS AND SERVICES
The Products and services available on the Site are for personal use only. You may not sell or resell any of the Products or services that you purchase or otherwise receive from us. Zahava LLC reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products or services to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms of Use.
All descriptions and details are approximate and for your convenience only. Products, including but not limited to, the assortment and specific details, prices, and services are subject to change at any time without notice. Although availability may be indicated on the Site, we cannot guarantee Product availability and Products, nonetheless, may not be available.
We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available the Service (or any part or content thereof). Zahava LLC cannot be held liable to you for any modification, price change, suspension or discontinuance of the Service.
ACCURACY OF INFORMATION
Zahava LLC aims to present the most recent, most accurate and most reliable information on the Site at all times, including but not limited to Product descriptions, pricing, promotions, offers, and availability. Occasionally, the information may contain typographical errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies or omissions and to change and update information or cancel any orders at any time without prior notice (including after you have submitted your order). You agree that it is your responsibility to monitor changes to the Site.
SITE IMAGERY
Zahava LLC provides images of each item on the Site to show as much detail as possible and has made every effort to display the colors of our Products as accurately as possible. However, viewing images online has its disadvantages as the size and color of the images may vary across computer screens and mobile devices. Zahava LLC cannot guarantee that your monitor is accuracy displaying the Site’s images.
ORDERS
Orders are processed and delivered Monday through Friday, excluding Holidays. In stock items are shipped within three (3) business days. Orders received after five p.m. Eastern Standard Time (5:00 p.m. EST) will be begin processing the following business day. For all pre-order or made-to-order merchandise, please allow for longer wait times, which are listed on the product page, or upon checkout, if applicable. Orders placed during the Holidays or when there is a high volume of purchases can take longer than the allotted timeframe. If this is the case, you will be notified via the email or phone number provided. Once an order has been placed, we cannot guarantee that modification and cancellation requests can be processed.
For more information regarding order processing, please visit the FAQ Page, specifically the section titled Online Shopping Guidelines.
ONLINE TRANSACTIONS
Zahava LLC reserves the right to refuse or cancel any order placed on the Site, and may, in its sole discretion, limit 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. If we make changes to or cancel an order, you will be notified via the email or phone number provided at the time the order was made. Zahava LLC reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
PROMOTIONS
Any promotions offered by Zahava LLC will state the timeframe in which they can be used, along with any other limitations or excluded Products. Zahava LLC reserves the right to alter or cancel any promotion without notice. If a promotion is used incorrectly or being abused, Zahava LLC has the right to cancel these orders and ban the use of any further promotional material by such user. If a promotion is processed and not within its usable parameters we will cancel the order, contact the customer, and have them resubmit without the promotion in question.
SHIPPING AND DELIVERY
Zahava NYC offers free FedEx Ground shipping on all orders shipped within the forty-eight (48) contiguous states. Expedited shipping options are available for an additional fee and are listed on the checkout page. Orders may not be shipped to P.O. Boxes or APO/FPO addresses and cannot be shipped COD. We do not currently offer international shipping, but you can contact us and we may be able to arrange for international deliveries on a case-by-case basis. If so, Zahava LLC is not responsible for the payment of any duties, taxes or other fees associated with international shipments and we are not responsible for any delays or other issues that may arise when shipping internationally.
For security reasons, all orders over one thousand U.S. dollars ($1,000) require a signature upon delivery. Make sure that you are available to sign for your order when it is delivered, as you are solely responsible for the acceptance of your order upon delivery.
Zahava LLC is not responsible for unanticipated delays, lost items, delivery failures or any other issues once your order leaves Zahava NYC. If your order is sent back to us by the shipping company for failure to deliver, you will be required to pay for the re-shipment of your order. The cost of shipping is non-refundable.
For more information regarding shipping and delivery, including our Premier Delivery Service, please visit the FAQ Page, specifically the section titled Online Shopping Guidelines.
PREMIER DELIVERY SERVICE
Zahava NYC offers another delivery option, our Premier Delivery Service, which offers free, next day, hand-delivered packaged to all New York City addresses. Orders received after five p.m. Eastern Standard Time (5:00 p.m. EST) do not qualify for standard next day delivery and will be processed the following business day unless otherwise noted. Premier Delivery orders will be delivered to Manhattan locations only via messenger service and a signature is required upon delivery. You must assign a person to sign for your delivery, either yourself or someone else, in the Premier Delivery Service Notes field under Additional Comments at checkout. Deliveries typically occur between noon and five p.m. Eastern Standard Time (12:00 - 5:00 p.m. EST). We will contact you at the email provided if there is an issue with the delivery information you’ve submitted. The courier will contact the phone number provided in the event there are issues delivering your order. If you would like to arrange for a messengered delivery beyond the parameters listed, you may contact us, as we can usually fulfill these demands. Please note, an additional fee will be required and you are solely responsible for any fees associated with these requests.
Zahava LLC is not responsible for unanticipated delays, lost items, delivery failures or any other issues once your order leaves Zahava NYC. If your order is sent back to us by the messenger service for failure to deliver, you will be required to pay for the re-deliver of your order. Additionally, if the messenger service advises us of additional fees due to waiting times or other delivery issues, you will be responsible for those fees. The cost of delivery is non-refundable.
RETURN POLICY
A return authorization must be requested within fourteen (14) days of the order ship date. Ground shipping is complimentary on all returns unless otherwise noted. Return packages must be postmarked no later than thirty (30) days from the date of the original purchase. To initiate a merchandise return, open the Zahava Returns Portal and provide your order number and the reason for return. A FedEx return slip will be generated for you along with the appropriate information needed to complete your return. Please note, you are eligible for a refund only after Zahava LLC has received the item(s) and confirms that it is unworn and unused. Refunds will be issued in the same form as the original purchase payment. Shipping costs are non-refundable. We do not currently offer exchanges.
All merchandise must be unused, undamaged and be in the same condition as when it was received. All returned merchandise must include the vendor packaging and tags, along with any additional accessories and components.
Zahava LLC reserves the right to refuse the return of any merchandise that does not comply with the above criteria. In these instances, we will send the Product(s) back to the customer.
Please visit our Return Policy for more detailed information.
PRODUCT MAINTENANCE AND REPAIR
For tips on how to care for your leather handbag, please refer to our FAQ Page and visit the section Leather and Handbag Care. On the same page, you will also find more information about our Product Repair Warranty.
Zahava LLC offers a one-year warranty, starting from the date of purchase, for all Products. Products that are within the one-year warranty period are eligible for repairs free of charge. The cost of shipping the Product to us must be paid by the customer, but we will pay for the shipping when returning it back to you. Proof of purchase from Zahava LLC will be required for any repair services. Each case will be dealt with on an individual basis and we will be able to communicate all pertinent information to you, such as how long the repair will take, once we evaluate the damage with our manufacturer.
Zahava LLC will offer repair services to Products outside of the one-year warranty period but at a cost. Customers will be responsible for the repair service fee, as well as the shipping charges in both directions. The repair costs are decided on a case-by-case basis.
The warranty applies to materials and workmanship under responsible use only. The warranty does not cover damage caused by accident, rough handling, irresponsible use, or neglect. The warranty does not cover the natural aging of materials or wear and tear.
PROPRIETARY RIGHTS
All content and materials delivered via the Service or otherwise made available by us at the Site, including but not limited to, trademarks, service marks, images, text, logos, graphics, icons, audio clips, digital downloads, data compilations, and software (and the compilation of such content), is the property of Zahava LLC and is protected by the United States and international copyright and trademark laws.
All marks indicated as registered on the Site are registered trademarks of Zahava LLC in the United States and other countries. The trademarks on the Site may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us or our subsidiaries that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
The Site, any portion of the Site, or the Products it sells may not be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purpose that is not expressly permitted by Zahava LLC. You acknowledge that the Site and the Service, as well as our Products, contains copyrights, trademarks, service marks, or other intellectual property of Zahava LLC. You agree not to infringe upon Zahava LLC’s intellectual property rights in any manner.
LIMITED LICENSE
You may not capture, reproduce, perform, transfer, sell, license, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or in any way exploit any of the Site Content or the Service, in whole or in part, except as provided for in the Terms or explicitly permitted in writing by Zahava LLC in advance.
Subject to the terms, conditions, and restrictions set forth in these Terms of Use, we grant you a limited, non-exclusive, non-sublicensable and revocable license to access and use the Site and to view, copy and print portions of the Site Content for your own personal use (the “License”), as long as no specific restriction is displayed. The License is specifically conditioned upon the following: (i) you may only view, copy and print portions of the Site Content for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Site, its Content, or the Service or any portion thereof; (iii) any displays or printouts of the Site Content must be marked “Copyright @ 2017 Zahava LLC" or “Copyright @ 2017 Zahava LLC and its licensors”; (iv) you may not remove or modify any copyright, trademark or other proprietary notices that have been placed on the Site Content or the Service; (v) you may not use any data mining, robots or similar data gathering or extraction methods or take any action that may impose an unreasonable burden or load on our infrastructure; (vi) you may not use the Site, its Content, or the Service other than for its intended purpose; and (vii) you may not reproduce, prepare derivative works from, distribute or display the Site, any Site Content, or the Service (other than for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Site, its Content, or the Service, without the prior written permission of Zahava LLC, is strictly prohibited and will terminate the License without prejudice to any other remedy provided by applicable law or these Terms of Use.
Your unauthorized use of the Site, its Content, or the Service may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly stated in these Terms of Use, you are not conveyed or granted, and nothing on the Site may be construed as conveying or granting any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright, or other intellectual or proprietary right of Zahava LLC or any third-party. You expressly agree to indemnify, defend and hold harmless Zahava LLC against any liability to any person arising out of your use of the Site, its Content, the Service, or breach of the Terms and Conditions.
LINKS
The Site may contain links to other websites owned or operated by third-parties and thereby are not under the control of Zahava LLC. Such links are provided solely for the convenience and information of the Sites' users. Zahava LLC is not responsible for the content of any third-party website, any products or services offered, or for the practices of its owner or operator, nor does it constitute an endorsement of any such website. We suggest that you carefully read the applicable terms and conditions and privacy policies of any other website you may visit.
You are granted a limited, non-exclusive, personal, non-sublicensable and revocable right to create a link to the Site for non-commercial purpose only, provided that (i) such link does not portray Zahava LLC or any of its Products or services in a false, misleading, derogatory or otherwise defamatory manner, (ii) the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable, or associates us with undesirable products, services or opinions, (iii) such link or the linking site do not imply that we are endorsing that site or its services or products, (iv) such link does not misrepresent its relationship with us, and (v) you remove any such link upon demand by us. You may not use a Zahava LLC logo or other proprietary graphics of Zahava LLC to link to the Site without the express written permission of Zahava LLC.
ACCOUNTS & REGISTRATION
You agree to (i) provide accurate, current and complete information about you as may be prompted by any registration forms, including checkout fields, on the Site (“Registration Data”); (ii) maintain the security of your password; (iii) maintain and promptly update the Registration Data, and any other information you provide to us; and (iv) accept all risks of and responsibility for unauthorized access to the Registration Data and any other information you provide to us. You understand that your content (not including credit card information), may be transferred unencrypted and involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Zahava LLC reserves the right to refuse service or terminate accounts, without prior notice, if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in our best interests to do so. Furthermore, we reserve the right to limit participation in certain portions of the Site or Service, such as particular programs or promotions, to visitors eighteen (18) years of age or older.
USER CONTENT AND COMMUNICATIONS
When you transmit, upload, post, e-mail or otherwise make available text, graphics, images, or other materials (“User Content”) on the Site or Service, you are entirely responsible for such User Content, its accuracy, and the consequences of posting or publishing them. You expressly agree not to post, upload, distribute, store, create, submit or transmit to, through, or otherwise publish through the Site or Service any User Content that: (i) is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (ii) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, foreign, or international law; (iii) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (iv) impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (v) is unsolicited promotions, political campaigning, advertising or solicitations, or any form of “spam”; (vi) is private information of any third-party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers and the like; (vii) is or contains viruses, corrupted data or other harmful, disruptive or destructive files; (viii) is unrelated to the topic of the Site; or (ix) is objectionable or which restricts or inhibits any other person from using or enjoying the Site or Service, or which may expose Zahava LLC or its affiliates or its users to any harm or liability of any type.
Zahava LLC takes no responsibility and will not be liable for User Content and any other content provided by third-parties, or for any loss or damage thereto. Zahava LLC is not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter at the Site. Zahava LLC is not liable for any statements, representations or User Content and does not guarantee the accuracy, integrity or quality of User Content. Zahava LLC reserves the right to monitor, edit or remove, without notice, any User Content posted or stored on the Site if it violates these Terms of Use or is otherwise unlawful or illegal.
Any violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site or the Service.
RIGHTS TO USER CONTENT
By posting or distributing User Content, unless we indicate otherwise, you (i) grant Zahava LLC and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such User Content throughout the world in any media, now known or hereafter devised; (ii) grant Zahava LLC and its affiliates and sublicensees the right to use the name that you submit in connection with your User Content; and (iii) represent and warrant that (a) you own and control all of the rights to your User Content, or you otherwise have the lawful right to post, upload, distribute, store, create, submit or transmit to, through, or otherwise publish User Content on the Site; (b) your User Content is accurate and not misleading; and (c) posting, uploading, distributing, storing, creating, submitting or transmitting your User Content does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity. You further grant Zahava LLC the right to pursue at law or in equity any person or entity that violates your or Zahava LLC's rights in User Content by a breach of these Terms of Use.
Your User Content and all content submitted by users will be considered and treated as non-confidential and non-proprietary and Zahava LLC is under no obligation to treat your User Content and any other User Content as proprietary information. Zahava LLC reserves the right to use User Content as it deems appropriate in its sole and absolute discretion, including for developing, manufacturing and marketing our Products and services. Zahava LLC is under no obligation to offer you any payment for your User Content that you submit or the opportunity to edit, delete or otherwise modify your User Content once it has been submitted to us. Zahava LLC will have no duty to attribute authorship of your User Content to you.
MODIFICATIONS AND TERMINATIONS
Zahava LLC reserves the right to modify or discontinue the Site, the Service, or any portion thereof, without notice to you or any third-party. You agree that Zahava LLC shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Site or Service. You acknowledge that Zahava LLC reserves the right to deactivate accounts, cancel orders, refuse to accept orders, and/or disable access to the Site or the Service from users that violate these Terms of Use or for such other reason as determined by Zahava LLC.
REPEAT INFRINGER POLICY AND CLAIMS OF INFRINGEMENT
In accordance with the United States Digital Millennium Copyright Act (“DMCA”) and other applicable law, Zahava LLC has adopted a policy of terminating, in appropriate circumstances and at Zahava LLC’s sole discretion, users who are deemed to be repeat infringers. Zahava LLC may also, at its sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Zahava NYC respects the intellectual property rights of others and asks users of the Site to do the same. If you believe that material posted on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement to the Digital Millennium Copyright Act. To present Zahava LLC notice of an infringement, please provide the Zahava LLC Copyright Agent with the following information, in writing:
a description of the copyrighted work that you believe is infringed, including an assertion that you either own such copyright interest or are the authorized agent of the owner;
a description of the allegedly infringing material and where it is located on the Site;
your address, telephone number, and email address;
your statement that you have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent or by law;
your statement, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
If you believe, in good faith, that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Zahava LLC a counter-notice. Any counter-notice should be provided to the Zahava LLC Copyright Agent.
The Zahava LLC Copyright Agent for notices of claims of infringement and counter-notices on the Site can be reached as follows:
Zahava LLC
Attn.: Copyright Agent
200 East 58th Street, Suite 15B
New York, New York 10022
Email: info@zahavanyc.com
ZAHAVA LLC CAUTIONS THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY ZAHAVA LLC, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF ZAHAVA LLC’S RELIANCE UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICE SHALL BE AT YOUR SOLE RISK, AND THAT THE SITE AND ALL CONTENT INCLUDED IN OR ACCESSED THROUGH THE SITE, AND ALL PRODUCTS PURCHASED ON THE SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZAHAVA LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ZAHAVA LLC DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICE, THE SITE CONTENT, AND THE PRODUCTS OR SERVICES (i) WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, (ii) WILL BE UNINTERRUPTED, TIMELY AND SECURE, (iii) WILL MEET YOUR REQUIREMENTS, AND (iv) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. WHILE ZAHAVA LLC ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE, THE SERVICE AND THE SITE CONTENT SAFE, ZAHAVA LLC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICE, SITE CONTENT OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZAHAVA LLC OR THROUGH THE SITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZAHAVA LLC, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, ATTORNEYS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF ANY FUNDS, TANGIBLE OR INTANGIBLE, LOSS OF PROFITS, GOODWILL, USE, DATA OR ANY OTHER LOSSES RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, THE SERVICE, THE SITE CONTENT, THE PRODUCTS, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE. THIS INCLUDES, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT ZAHAVA LLC HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD-PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE OR SERVICE. YOU USE THE SITE AND THE SERVICE AT YOUR OWN RISK.
IN NO EVENT WILL ZAHAVA LLC BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY DAMAGES OF ANY KIND, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF (i) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE OR THE SITE CONTENT; (ii) ACCESS OR USE, INABILITY TO ACCESS OR USE, OR ANY PERFORMANCE RELATED ISSUES THAT IMPACT THE FUNCTIONALITY OF THE SITE OR THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE OR THE SITE CONTENT; (v) THE CONDITION OR DESCRIPTION OF PRODUCTS SOLD ON OR THROUGH THE SITE; OR (iv) THE OVERALL RELIANCE ON ANY SITE CONTENT OR OTHER INFORMATION OBTAINED FROM ZAHAVA LLC OR ACCESSIBLE VIA THE SITE OR THE SERVICE. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE SITE CONTENT, ANY PRODUCT OR SERVICE, AS WELL AS THE USER CONTENT, THE TERMS OF USE, PRIVACY POLICY OR SHOPPING POLICY YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICE AND/OR RETURN THE PRODUCT IN ACCORDANCE WITH THE ZAHAVA LLC RETURN POLICY, AS APPLICABLE.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, AND ANY OTHER THEORY.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF ZAHAVA LLC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE OR THE SERVICE EXCEED FIFTY UNITED STATES DOLLARS ($50), OR IN THE CASE OF A PRODUCT PURCHASED, THE PURCHASE PRICE OF SUCH PRODUCT.
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree that you are personally responsible for your use of the Site and the Service, and further agree to release, indemnify, defend, and to hold Zahava LLC and its subsidiaries, affiliates, and each of their officers, agents, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs regarding your breach of these Terms of Use and/or any claim or demand made by any third-party due to or arising out of your use of the Site or the Service or your violation or alleged violation of any rights of another.
DISPUTES
With respect to any dispute regarding the Site or the Service, all rights and obligations and all actions contemplated by these Terms of Use shall be governed by the laws of New York, without regard to its conflict of laws principles, and the United States of America, as if the Terms were a contract wholly entered into and wholly performed within New York.
You agree that all claims you may have against Zahava LLC arising from or relating to the Site or the Service will be heard and resolved in a court of competent subject matter jurisdiction located in New York County, New York. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site or engage in the Service from locations other than New York County, New York, you will be responsible for compliance with all local laws of such other jurisdiction. Use of the Site and the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
INTERNATIONAL USE
The Site is controlled and operated by Zahava LLC from New York, New York, U.S.A. Zahava LLC makes no representation that any Content is appropriate or available for use in other locations outside the United States, and accessing the Service is prohibited from territories where such content is illegal. Those who choose to access the Site or engage in the Service do so on their own initiative and at their own risk and are responsible for compliance with all applicable local laws.
Zahava LLC reserves the right to discontinue the Site or the Service or to limit the availability of the Site or Service and/or the provision of any Content, service or Product offered on or through the Site to any person, geographic area or jurisdiction, at any time and in its sole discretion, and to limit the quantities of any such service or Product that it provides.
SEVERABILITY
These Terms of Use are the entire agreement between you and Zahava LLC with respect to the Site and use of the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Zahava LLC with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full-force and effect and enforceable.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please make certain to review our privacy practices. If any conflict exists between the Terms and Conditions and Privacy Policy, the Terms and Conditions will prevail.
GENERAL
The headings in these Terms of Use are purely for reference and shall not affect the meaning of any term or condition.
The Terms of Use constitute a written agreement between you and Zahava LLC. A printed version of the Terms, and of any electronic notice pertaining to the Terms, shall be admissible in a judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form.
Most communications between Zahava LLC and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and Zahava LLC shall satisfy any legal requirements that such communications be in writing.
Nothing contained in these Terms of Use shall be deemed to constitute you and Zahava LLC as partners or joint venturers or constitute an employment or agency relationship between you and Zahava LLC. You may not assign your rights or obligations under these Terms of Use without our express written consent.
If any provision of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality, and enforceability of the remaining provisions shall not be affected thereby.
The Products offered here are solely for the use of our customers.
CONTACT US
For questions regarding these Terms and Conditions or any other questions concerning the Site or the Service, please email us at info@zahavanyc.com.