These are the terms and conditions (as amended from time to time) governing the use of this site (the "Site") and the agreement that operates between us and you (the "Terms"). These Terms set out the rights and obligations of all users ("you" / "your") and those of ZARA HOME ("us" / "our" / "we" / "the Vendor") in relation to the goods/services offered by us through this Site or any of the other websites to which we may link (hereinafter collectively known as the "Zara Home Services"). Before you click on the "Process order" button at the end of the ordering process, please carefully read these Terms and our Privacy Statement. By using this Site or placing an order through it, you are consenting to be bound by these Terms and our Privacy Statement. If you do not agree to all of the Terms and the Privacy Statement, do not place an order. These Terms are applicable solely to users placing orders from the United States. Users located outside the United States should place orders through the website of their own country.
ITX USA LLC trading as ZARA HOME is an USA corporation organized under the laws of the State of Delaware with its address at 500 Fifth Avenue, Suite # 400, New York, NY 10110. Our VAT number is 90-0796157. You may contact us using the "contact us" link or by telephone at 877 550 1107.
These Terms are the only conditions that are applicable to the use of this Site and the Zara Home Services, and replace all other conditions, except with the express, prior written agreement of the Vendor. You agree that, by placing your order, you unreservedly accept these Terms, and confirm by placing an order that you having read and understood them. These Terms are important for both you and us as they have been designed to protect your rights as a valued customer and to protect our rights as a business and to create a legally binding agreement between us.
You agree that:
Items offered over this Site are available for delivery only to users located in the United States (except Alaska and Hawaii).
The information set out in the Terms and the detail contained on this Site do not constitute an offer for sale but rather an invitation to place an order subject to acceptance by us. No contract in respect of any products shall exist between us and you until your order has been accepted by us (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded.
To place an order, you will be required to follow the shopping process online and press the "Authorise payment" button to submit the order. After this you will receive an e-mail from us acknowledging that we have received your order (the "Acknowledgement of Receipt"). Please note that this does not mean that your order has been accepted. Your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the "Order Confirmation"). The contract for the purchase of a product between us ("Contract") will only be formed when we send you the Order Confirmation.
Our Contract will relate only to those products whose shipment we have confirmed in the Order Confirmation. We will not be obligated to supply any other products which may have been part of your order until the shipment of such products has been confirmed in a separate Order Confirmation.
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products we will reimburse any monies that you might have paid.
We reserve the right to withdraw any products from this Site at any time and/or remove or edit any materials or content on this Site. While we will use our reasonable efforts to authorize payments submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Acknowledgement of Receipt, which we reserve the right to do at any time, at our sole discretion
We will not be responsible or liable to you or any third party by reason of our withdrawing any product from this Site, removing or editing any materials or content on this Site or for refusing to process or accept an order after we have received it or sent you an Acknowledgement of Receipt.
If you are contracting as a consumer, you may cancel a Contract at any time within 30 days, beginning on the day you receive the products. In this case, you may receive a full refund of the price paid for the products in accordance with our Returns Policy (see below at Clause 13). Please see our Returns Policy for how to return the product(s) in question.
Your right to cancel a Contract only applies to products that are returned in the same condition as you received them. You should also include all of the products instructions, documents and wrappings. Any product which is damaged or not in the same condition as you received it or which is worn simply beyond opening the product will not be accepted for refund. You should therefore take reasonable care of the product(s) while they are in your possession.
You will not have any right to cancel a Contract for the supply of any of the following products:
Further details of this return right and an explanation of how to exercise it, are set out in Clause 13 of these Terms and are summarized on the Order Confirmation. This provision does not affect any rights under any applicable consumer protection laws.
Please take good and reasonable care of the products while in your possession, and where possible original boxes, instructions/documents and wrappings should be retained and used for the return or collection of the products.
Subject to availability, (see Clause 5 above), we will undertake to fulfill your order for product(s) listed in the Order Confirmation by the delivery date set out in the Order Confirmation or, if no estimated delivery date is specified, then within 30 days of the date of the Acknowledgment of Receipt, unless there are exceptional circumstances.
Reasons for delay could include (this list is not exhaustive):
If for any reason we cannot meet the delivery date you will be kept informed and offered a choice of either continuing with the extended delivery time or cancellation with a full refund. Please note however that we do not deliver on Saturdays or Sundays.
By accepting this delivery service you are accepting our delivery personnel or a representative of the Vendor into your home and we ask that you remove items or anything that can be damaged.
Unless caused by our negligence, we will not be responsible for anything that is not removed to safety where reasonable steps could have been taken to avoid or minimize the risk.
Please ensure that products ordered can fit into your home, the areas for which it is intended or location for delivery. If the product(s) do not so fit, you can still accept delivery or you can return the products (see further our Returns Policy).
For the purpose of these Terms "delivery" or "delivered" shall be deemed to have occurred upon signing for receipt of the products at the agreed delivery address.
If we are unable to deliver, we will try to find a safe secure place to leave your parcel. If we cannot find a safe and secure place, your product(s) will be returned to our depot. We will leave a note explaining where your parcel is and how you can rearrange delivery. If you are not at the delivery location at the time agreed, please contact us again to rearrange delivery for another mutually convenient day. However, we might have to charge you for the storage and redelivery of the product(s). Such costs are set out in our Delivery Costs Guide.
The Products will be at your risk from the time of delivery.
Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in Clause 8), whichever is the later.
The price of any products will be as stipulated on our Site from time to time, except in cases of obvious error. While we try to ensure that all prices on the Site are accurate, errors may occur. If we discover an error in the price of products you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the products you will receive a full refund.
We are under no obligation to provide the product(s) to you at the incorrect (lower) price (even after we have sent you an Order Confirmation) if the pricing error is obvious and unmistakeable and could have reasonably been recognized by you as an incorrect price.
The prices on the Site exclude any applicable sales tax or delivery costs, which will be added to the total amount due as set out in our Delivery Costs Guide.
All prices are subject to change at any time, but (other than as set out above) price changes will not affect orders for which we have already sent you an Order Confirmation.
Once you have finished shopping all the items you wish to purchase are added to your basket, your next step will be to go the checkout process and make payment. To do this:
Payment can be made by Visa, Mastercard, Discover, Diners Club, JCB, Paypal and American Express card. To minimize the possibility of unauthorised access, your credit card details will be encrypted to minimize the possibility of unauthorized access or disclosure. Authority for payment must be given at the time the order is made. No payment will be taken from your credit card until your order has been dispatched for delivery.
By clicking "Authorize payment" you are confirming that the credit card is yours.
We use Verisign to ensure payment is made safely.
Credit cards are subject to validation checks and authorization by your card issuer but if your card issuer fails to authorize payment to us, we will not be liable for any delay or non-delivery and may not be able to form a Contract with you.
Applicable sales tax will be charged on total merchandise, including shipping & handling fees, where applicable.
General policy: If you wish to cancel the Contract within the period specified in Clause 7 above, you should inform us by contacting us via our web form or at the telephone number 877 550 1107. We will arrange for a courier to pick up the returned products at the location to which delivery was made. Please send the product back to us together with a fully completed RETURNS FORM that you will receive on delivery with the product. You will be responsible for the cost of returning the product to us where you are not able to do so via the free option offered. Please note that if you return the product to us at our expense, we will be entitled to charge you for the direct cost we incur as a result. If you have any doubts you can contact us through our web form or at the telephone number 877 550 1107.
Where possible, please use or include with the product being returned, all original boxes, instructions/documents and wrappings.
We will fully examine the returned product and will notify you of your right to a refund (if any). The refund will be processed as soon as possible (in any case, within 30 days of the day that you have given us notice of cancellation). We will always refund any money received from you to the credit card originally used by you to pay for your purchase. However, you will be responsible for the cost and risk of returning the item to us, as outlined above.
Any product that has been damaged, or not the same condition in which you received it, or that has been worn/used beyond simply opening the product will not be reimbursed.
This does not affect your consumer protection rights.
Defective product returns
If you consider that the product delivered does not conform with the Contract at the time of delivery, you should promptly contact us via our web form with details of the product and its damage, or you can contact us by calling 877 550 1107.
You may return the product to us by giving it to the courier arranged by us.
We will fully examine the returned product and will notify you of your right to a replacement or refund (if any) via e-mail within a reasonable period of time. We will usually process the refund or replacement as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you are entitled to a refund or replacement of the defective product.
Products returned by you because of a defect, where one exists, will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost reasonably incurred by you in returning the item to us. We will always refund any money received from you to the credit card originally used by you to pay for your purchase.
This does not affect your consumer protection rights.
Our liability in connection with any product purchased through our Site is strictly limited to the purchase price of that product.
Nothing in these Terms shall exclude or limit in any way our liability:
ZARA HOME MAKES NO WARRANTIES, EXPRESS OR IMPLIED. ZARA HOME EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, EVEN IF ZARA HOME HAS BEEN ADVISED OF SUCH PURPOSE. IN ADDITION, ZARA HOME SHALL NOT BE RESPONSIBLE FOR ANY DEFECT CAUSED BY PRODUCT MISUSE. IN NO EVENT SHALL THE PARTIES BE LIABLE TO THE OTHER FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
All product descriptions, information and materials posted on this Site are provided "as is" and without warranties express, implied or otherwise howsoever arising. Products (including handicraft products) sold by us will often contain the natural characteristics of the materials used in the manufacture of the completed product. Natural characteristics such as grain, texture, knots and colour variation should not be classed as faults or defects. Inconsistencies in these natural characteristics should be expected and appreciated. We select only products of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the product.
ZARA HOME publishes information on its Site as a convenience to its visitors. While ZARA HOME attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice.
You assume all responsibility and risk with respect to your use of the Site, which is provided "AS IS." ZARA HOME DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ZARA HOME DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ZARA HOME MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
ZARA HOME makes no warranties of any kind regarding any non- ZARA HOME sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and ZARA HOME makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non- ZARA HOME sites. ZARA HOME does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
IN NO EVENT SHALL ZARA HOME, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF ZARA HOME OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
As between you and ZARA HOME, (or any other company whose marks appear on the Site), ZARA HOME (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the materials and content on the Site, unless otherwise indicated. The ZARA HOME logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "ZARA HOME Intellectual Property") are owned by ZARA HOME and may be registered in the United States and internationally. You agree not to display or use the ZARA HOME Intellectual Property in any manner without ZARA HOME's prior permission. Nothing on the Site should be construed to grant any license or right to use any ZARA HOME Intellectual Property without the prior written consent of ZARA HOME.
Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the materials and content or screens for any purpose except as otherwise provided by ZARA HOME. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This requirement does not affect your statutory rights.
All notices given by you to us should be given to us via our web form. Subject to and as otherwise specified in Clause 16 we may give notice to you at either the e-mail or postal address you provide to us when placing an order.
Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
The Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
Both you and us acknowledge that, in entering into a Contract, neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these Terms.
Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms.
We have the right to revise and amend these Terms from time to time. You will be subject to the policies, Terms in force at the time that you order products from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
Contracts for the purchase of products through our site will be governed by the laws of the State of New York. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Federal and state courts of the State of New York. Nothing in this clause will affect your statutory rights as a consumer.
We welcome your feedback. Please send all feedback and comments to us via our web form. Any comments (including complaints) can also be sent to us by post to email@example.com.
Last Updated: [10/16/2012]