CONDITIONS OF USE
These conditions of use (the “Conditions of Use”) govern the use of the zimpala.com, zympala.ca, zympala.org and zympala.net websites (collectively, the “Website”). The Website is the property of Zympala™ Collections Inc. (“Zympala”). PLEASE CAREFULLY READ THESE CONDITIONS OF USE AS THEY CONTAIN IMPORTANT INFORMATION RESPECTING YOUR USE OF THIS WEBSITE AS WELL AS YOUR RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING AND USING THIS WEBSITE, YOU ACKNOWLEDGE HAVING READ AND UNDERSTOOD THESE CONDITIONS OF USE AND AGREE TO BE BOUND BY THEM.
Zympala™ may modify the Conditions of Use at any time without notice by posting amended Conditions of Use on the Website. Please review these Conditions of Use from time to time in order to be aware of any change. If you continue to use the Website after new Conditions of Use are posted, you will be deemed to have agreed to the amendments.
- INTELLECTUAL PROPERTY
All trademarks, patents, copyrights and other intellectual property rights, including images, text, illustrations, logos, drawings, photographs, names, commercial names, icons, programs, software and all other items which form part of this Website (collectively, the “Content”), including, but not limited to, the layout, compilation, design and structure of such Content is the property of Zympala™ or its content suppliers and licensors and is protected under the Canadian and international laws pertaining to copyright and trademarks, as well as other laws and treaties. Your use of the Website does not confer upon you any ownership or other rights in the Website or its Content. You may only use the Site in the manner described expressly in these Conditions of Use and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
This Site and its Content are intended for personal and non‑commercial use only. You may print pages from the Website for personal purposes only, provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its Content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Zympala™. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with these Conditions of Use.
- PRICING OF THE PRODUCTS
Zympala™ reserves the right to correct any error in the price of a product and the information about a product, and to modify the price of the products at any time, without notice. If the price or the information about a product is inaccurate due to an error in pricing or the information pertaining to the product, Zympala may, in its sole discretion, refuse your order or cancel it, both before and after having accepted it.
- PROTECTION OF PRIVACY AND PERSONAL INFORMATION
- PASSWORDS AND ACCOUNTS
If you register on this Website for the purpose of purchasing products, you are responsible for maintaining the confidentiality of your account and password used to access or restrict access to your computer. Zympala™ may rely on the authority of anyone who accesses your account or uses your password and shall not be held liable for any damage or cost resulting from the unauthorized use of such account or password. You hereby agree to be responsible for any activity that occurs in or through your account.
You hereby agree to notify Zympala™ forthwith should the confidentiality of your account or your password become compromised. Zympala™ is entitled to take any action it deems reasonable in such circumstances, but shall not be liable for any action or omission in this respect.
Zympala™ may cancel or suspend any account, at any time, for any reason, without prior notice or liability to anyone.
- INTERNATIONAL ACCESS TO THE WEBSITE
The Website may be accessed outside Canada and Zympala™ may offer products or refer to products which are not available outside Canada. A reference to a product on the Website does not imply that such product will eventually be available outside Canada. If you access and use the Website outside Canada, you are responsible for complying with the laws and regulations applicable to where you are located.
- RETURNS AND EXCHANGES
Your satisfaction is a priority for us at Zympala™. You may return any item of clothing or accessory if you are not entirely satisfied with their cut, size, color, appearance, comfort or any other aspect. You will obtain in exchange a purchase credit of an equivalent value.
Return delivery is paid by us. You may print the return slip from your account on our Website (Your Profile page).
Any item must be returned in its original condition, that is, without stains, tears or any visible sign of wear. All returns must be made within fourteen (14) days following the date of receipt appearing on the UPS or postal operator tracking number.
Fees will be charged for international returns (those from outside the United States and Canada).
- RISK OF LOSS
All products purchased on the Website are delivered by a third‑party delivery company in accordance with a delivery contract. Accordingly, you bear the risk of loss and damage of the products and become the owner thereof from the time where Zympala™ delivers the product to the delivery company.
- PRODUCT DESCRIPTIONS
Zympala™ makes every effort to describe as accurately as possible all the products it sells and/or distributes. However, Zympala™ does not guarantee that the product descriptions or any other information contained in this Website are exact, complete, reliable, current or without errors. Since the colors you will see on the Website depend on your computer monitor, tablet or smartphone display, Zympala™ is unable to guarantee that the colors as seen on your screen will faithfully reflect the color of the product which will be delivered to you. The availability of some products may be limited and the products may not be available for immediate delivery. Zympala™ may modify or withdraw products from the Website at any time without prior notice.
- ILLICIT OR PROHIBITED USE
You are prohibited from using the Website or its Content for purposes that are illicit or prohibited under these Conditions of Use. You are prohibited from using the Website or its Content to post, transmit, upload, distribute or publish content that is defamatory, heinous, obscene, discriminatory, offensive, pornographic or is illicitly threatening or harassing to any individual, corporation or legal person or that otherwise contravenes a statute, an order or a regulation. When you use this Website, you accept to comply with any and all provincial, federal or international laws, orders, regulations and treaties.
You agree to defend and hold harmless Zympala™ from and against any losses, suits, claims, damages, costs and expenses, including legal costs and the payment of a base indemnity directly arising from or related to your use of this Website or any violation of these Conditions of Use. This clause shall survive the termination of these Conditions of Use and remain in full force and effect.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, including Quebec, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF liability for some types of DAMAGES. accordingly, SOME OR ALL OF THE ABOVE exclusions and LIMITATIONS MIGHT NOT APPLY TO YOU.
ZYMPALA™ PROVIDES THIS WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ZYMPALA™ MAKES NO REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, THE GOOD WORKING ORDER OR CONDITION OF THE WEBSITE or the uninterrupted or error‑free USE of this website or any material or information, including any downloadable software accessed through or from this website. Zympala™ makes no representation, gives no guarantee and assumes no liability as to the correction of any error on or related to the website or the absence of viruses or other harmful component on the servers from which this website is operated. Zympala™ Makes no representations or warranties of any kind, express or implied, as to the operation of this website or to the information, materials or products included therein. These exclusions are in addition to any specific exclusions otherwise provided in these conditions OF USE.
Zympala™, its officers, directors, employees, licensees, content supplier, partners or other representatives shall in no event be liable to you or anyone for any damages whatsoever (including, without limitation, loss of income or any direct, indirect, compensatory, exemplary, special or punitive damages) resulting from or related to the use of the website by you or another person or your incapacity to use the website or the performance or content thereof, whether or not you have been notified of the risk of incurring such damages.
The above DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THESE CONDITIONS OF USE OR YOUR RIGHT TO USE THIS WEBSITE. BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU USE IT AT YOUR OWN RISK. THIS CLAUSE IS AN ESSENTIAL PART OF THESE CONDITIONS OF USE.
- LINKS TO OTHER WEBSITES
This Website may contain links to other Websites. Zympala™ has no means of controlling these Websites and sources and will not answer for or guarantee the availability of same. Zympala™ does not endorse or approve the contents which these Websites or sources give access to and denies any liability or guarantee as to such contents. If you choose to click on a link to a third‑party Website, you do so at your own risk.
Zympala™ may, at its own discretion and without notice, suspend or terminate your use or access to the Website respecting any service. Zympala™ may also withdraw and delete any related materials for any reason, particularly if Zympala™ has reasons to believe that you have violated any of the conditions stipulated in these Conditions of Use. You understand and agree that Zympala™ shall have no liability whatsoever to you or anyone following such suspension or termination.
- APPLICABLE LAW
These Conditions of Use, this Website and any use thereof and any transaction carried out on or from this Website shall be governed by the laws of the Province of Québec and the laws of Canada applicable therein. The Courts of Quebec shall have exclusive jurisdiction in respect of any claim, action or dispute with Zympala or related in any way whatsoever to your use of, or purchase made on this Website. You hereby explicitly and irrevocably waive any objection for lack of territorial jurisdiction or any demand based on the concept of forum non conveniens. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
- ENTIRE AGREEMENT
These conditions, along with the Confidentiality Policy, constitute the entire agreement between you and Zympala™ as to the use of this Website.
- FORCE MAJEURE
Zympala™ shall not be liable to you for the non-performance, in whole or in part, of any of its obligations to you or for damages or losses which you may suffer if such non‑performance, damages or losses result from a force majeure event or a circumstance beyond its control, including strikes and other labour conflicts, system failures or inability to access the network, floods, fire, explosions or accidents.
Should any provision of these Conditions of Use be declared invalid for any reason whatsoever, such provision shall be amended only to ensure its performance in a manner that most closely reflects the spirit of the initial provision and the other terms of these Conditions of Use shall remain in effect. The fact that Zympala™ does not intervene, or is late in intervening following a violation of these Conditions of Use by you or anyone shall in no event constitute a waiver and shall in no case limit the rights of Zympala™ in respect of such violation or any later violation. Zympala™ shall not be held liable respecting a delay or omission in performing its obligations hereunder if such delay or omission results from causes beyond its control.