Terms of service
OVERVIEW
Welcome to Zomaira! The terms “we,” “us,” and “our” refer to Zomaira. Zomaira operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Zomaira is powered by Shopify so that we can provide the Services to you.
The following terms and conditions, including all policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and include disclaimers and limitations of liability.
By visiting, engaging with, or using our Services, you agree to these Terms of Service and our Privacy Policy. If you do not agree with these Terms of Service or the Privacy Policy, you are not permitted to use or access the Services.
ARTICLE 1 - ACCESS & ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age according to the law of the state or province where you reside and that you have authorized any minor household members to use the Services on devices you own, purchase, or manage.
To use the Services — including browsing our stores or purchasing products or services — we may require you to provide certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account login information and for all activity under your account. You may not transfer, sell, assign, or license your account to anyone else.
ARTICLE 2 - OUR PRODUCTS
We aim to provide accurate product and service descriptions in our stores. However, the colors and appearance of products may differ from how they appear on your screen due to the type of device and its display settings.
We do not guarantee that the appearance or quality of products or services you purchase will meet your expectations or match the display or description in our store. Product descriptions may be changed at any time without notice at our discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities offered per person, region, or jurisdiction.
ARTICLE 3 - ORDERS
When you place an order, you make an offer to purchase. Zomaira reserves the right to accept or refuse your order at our discretion for any reason. Your order is only accepted after Zomaira confirms it. We must receive and process your payment before accepting your order. Check your order carefully before submitting it. Zomaira may not honor cancellation requests after your order has been accepted. If we do not accept, modify, or cancel your order, we will try to notify you using the email address, billing address, and/or phone number you provided during checkout.
Purchases can only be returned or exchanged according to our return policy. You also represent and warrant that all purchases are for personal or household use and not for commercial resale or export.
ARTICLE 4 - PRICES & BILLING
Prices, discounts, and promotions may change without prior notice. The price charged for a product or service is the price in effect at the time your order is placed, as shown in your confirmation email. Unless otherwise expressly stated, prices exclude taxes, shipping, handling, customs duties, and import fees.
Prices shown in our stores may differ from prices in physical stores or third-party sites. We may offer promotions that affect pricing and are subject to separate terms that take precedence in case of conflict. You agree to provide accurate and up-to-date purchase, payment, and account information for all purchases you make, and to promptly update your account details as needed.
You represent and warrant that (i) your credit card information is accurate, (ii) you are authorized to use the card for purchases, (iii) charges will be approved by the issuing company, and (iv) you will pay all charges, including shipping, handling, and applicable taxes.
ARTICLE 5 - SHIPPING & DELIVERY
We are not liable for shipping or delivery delays. All delivery times are estimates and not guaranteed. We are not responsible for delays due to carriers, customs processing, or events beyond our control. Once we deliver products to the carrier, ownership and risk of loss transfer to you.
ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services — including all trademarks, text, displays, images, graphics, and design — are owned by Zomaira, its affiliates, or licensors and are protected by intellectual property laws. These Terms grant you a limited right to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works, publicly display, publish, download, store, or transmit any material without our prior written permission.
All rights not expressly granted are reserved by Zomaira. Zomaira names, logos, product names, service names, design elements, and slogans are trademarks of Zomaira or its affiliates or licensors and may not be used without prior written permission. Shopify’s trademarks belong to Shopify.
ARTICLE 7 – OPTIONAL TOOLS
You may access customer tools provided by third parties. We do not monitor, control, or endorse these tools. Your use of optional third-party tools is at your own risk, and you agree that we are not liable for any damage from your use of them.
ARTICLE 8 – LINKS TO THIRD-PARTIES
The Services may contain links to external sites. We do not review or evaluate content or accuracy of third-party sites and are not responsible for any associated damage or consequences.
ARTICLE 9 – RELATIONSHIP WITH SHOPIFY
Zomaira uses Shopify to provide the Services. All sales are handled directly between you and Zomaira. By using the Services, you acknowledge and agree that Shopify is not responsible for your relationship with Zomaira, including any injury, loss, or damage from products or services purchased.
ARTICLE 10 – PRIVACY POLICY
All personal information that we collect through the Services is governed by our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy, which you can view on Shopify’s website. By using the Services, you acknowledge that you have read the applicable Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services to you. Information that you provide through the Services is shared with Shopify and with third parties, who may be located in countries other than the one in which you reside, to enable them to provide the Services. Please consult our Privacy Policy for more information about how we, Shopify, and our partners use your personal information.
ARTICLE 11 – FEEDBACK
If you submit, upload, post, email, or otherwise provide us with any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We may use our rights under this license, for example, to operate, deliver, evaluate, improve, and promote the Services, and to fulfill our obligations and exercise our rights under these Terms of Service.
You further represent and warrant that (i) you own all rights to the Feedback or otherwise have the necessary rights to grant the rights granted herein; (ii) you have disclosed any compensation or incentives you received related to your submission of Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation now or in the future to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, review, edit, or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that violates the intellectual property rights of any party or these Terms.
You agree that your Feedback does not infringe on the rights of any third party, including copyrights, trademarks, privacy rights, publicity rights, or other personal or proprietary rights. You also agree that your Feedback does not contain defamatory, unlawful, offensive, or obscene content, nor viruses or other malware that could in any way affect the operation of the Services or associated websites. You may not use a false email address, impersonate another person or entity, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for the Feedback you submit and for its accuracy. We are not responsible and accept no liability for any Feedback posted by you or any third party.
ARTICLE 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information provided in connection with the Services may contain typographical errors, inaccuracies, or omissions. This information may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We may also cancel orders if relevant information is incorrect, at any time and without prior notice (even after you have placed your order).
ARTICLE 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You agree not to use the Services, directly or indirectly:
(a) for unlawful or harmful activities;
(b) to violate any international, national, federal, provincial, or local laws, regulations, or ordinances;
(c) to infringe on our intellectual property rights or the rights of others;
(d) to harass, abuse, insult, harm, defame, slander, demean, or intimidate our employees, other individuals, or users of the Services;
(e) to send false or misleading information;
(f) to knowingly transmit, receive, upload, download, use, or reuse any material that does not comply with these Terms;
(g) to send unsolicited advertising or promotional materials, including junk mail, chain letters, spam, or other similar methods;
(h) to impersonate or attempt to impersonate another person or entity; or
(i) to engage in any other activities that restrict or inhibit others’ use of the Services, or that, as determined by us, may harm Zomaira, Shopify, or users of the Services, or expose them to liability.
Additionally, you agree not to:
(a) upload or transmit viruses or any other harmful code that could damage or interfere with the functionality of the Services;
(b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services;
(c) collect or track the personal information of others;
(d) use spam, phishing, pharm, pretext, spider, crawl, or scrape; and
(e) interfere with or attempt to circumvent the security features of the Services, related websites, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without prior notice if we determine you have violated these Terms.
ARTICLE 14 – TERMINATION
We may, at our sole discretion, terminate this agreement or your access to the Services (or any part thereof) at any time and without prior notice. You will remain responsible for any amounts owed up to and including the date of termination.
The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination (e.g., survival clauses).
ARTICLE 15 – DISCLAIMER OF WARRANTIES
The information provided through or in connection with the Services is made available for general informational purposes only. We make no representations or warranties about the accuracy, completeness, or usefulness of this information, and any reliance you place on it is at your own risk.
EXCEPT AS EXPRESSLY STATED BY US, THE SERVICES AND ALL PRODUCTS MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT limited to implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, or non-infringement.
We do not warrant, guarantee, or make any representation that your use of the Services will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. Some jurisdictions may not allow the disclaimer of implied warranties, so the above limitations may not apply to you to the extent prohibited by law.
ARTICLE 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, neither Zomaira, our partners, directors, officers, employees, affiliates, representatives, contractors, service providers, licensors, nor Shopify and its affiliates shall be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether arising in contract, tort (including negligence), strict liability, or otherwise, arising out of or in connection with your use of the Services or products purchased through the Services. This includes damages arising from errors or omissions in content or from the use of the Services or products, even if advised of the possibility of such damages.
ARTICLE 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Zomaira, Shopify, and our affiliates, partners, officers, directors, employees, representatives, contractors, licensors, and service providers from and against all costs, losses, liabilities, or claims, including reasonable legal fees, arising out of or resulting from (1) your violation of these Terms of Service or any referenced documents incorporated herein; (2) your violation of any law or the rights of a third party; or (3) your access to or use of the Services.
We will notify you in the event of a claim that triggers indemnification, provided that failure to provide timely notice does not relieve you of your obligations unless you are materially prejudiced as a result. We may, at our discretion, handle the defense and settlement of such claims at your expense, including retaining counsel, but we will not settle claims imposing non‑monetary obligations on you without your consent (which you may not unreasonably withhold). You are required to cooperate in the defense of any claim that triggers indemnification, including by providing relevant documents.
ARTICLE 18 – SEVERABILITY
If any provision of these Terms of Service is held to be unlawful, void, or unenforceable, the provision shall remain enforceable to the extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such a determination shall not affect the validity and enforceability of the remaining provisions.
ARTICLE 19 – WAIVER; ENTIRE AGREEMENT
Our failure 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, together with any policies or business rules we post on this site or with respect to the Services, constitute the entire agreement between you and us regarding your use of the Services. These Terms supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, previous versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafter.
ARTICLE 20 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent. Any attempt to do so shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
ARTICLE 21 – GOVERNING LAW
These Terms of Service and all separate agreements pursuant to which we provide you with the Services are governed by and construed in accordance with the federal and state or provincial courts in the jurisdiction where Zomaira maintains its headquarters. You and Zomaira consent to the jurisdiction and personal jurisdiction of such courts.
ARTICLE 22 – HEADINGS
The headings used in this agreement are for convenience only and do not limit or affect these Terms in any way.
ARTICLE 23 – CHANGES TO TERMS OF SERVICE
The most current version of the Terms of Service can be accessed on this page at any time.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service. Updates and changes will be posted on our website. It is your responsibility to check our website regularly for changes. We will provide notice of material changes to these Terms in accordance with applicable law. Such changes take effect on the date specified in the notice. Continued access to or use of the Services after changes are posted constitutes your acceptance of those changes.
ARTICLE 24 – CONTACT INFORMATION
Questions regarding the Terms of Service should be directed to us at info@zomaira.com.
Company Name: ZD Online Ltd
Email: info@zomaira.com
Company address: 167-169 Great Portland Street, 5th Floor, London, W1W 5PF, United Kingdom
VAT Identification Number: 16995641