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GENERAL TERMS AND CONDITIONS


ZAERNA LTD. ("ZAERNA") web site ("Our Site") and related services are made available to you pursuant to the following Terms of Use & Service and any other terms and conditions posted on Our Site (together "the Terms").
The Terms constitute a legal agreement between you, as a visitor to Our Site, and ZAERNA (herein after referred to as "the Agreement"). We reserve the right to modify any or all of the Terms and/or the Agreement at any time, and such change will be effective immediately upon its publication on Our Site. You agree to be bound by the Terms and the Agreement, and any modifications thereof, as long as you continue to access Our Site and use any services incorporated within Our Site. Because of the possibility that the Agreement could change between your visits to Our Site, you also agree to check the Terms each time you visit Our Site. Your continued access to and/or use of Our Site shall be deemed your conclusive acceptance of any modifications to the Agreement.
Our Site is owned and operated by ZAERNA of 3rd Floor | 207 Regent Street | London W1B 3HH | United Kingdom. If you have any queries about the Terms or if you have any comments or complaints on or about our website, you can contact us at info@zaerna.com.


1 The contract between us

We must receive payment of the whole of the price for any goods or products ("goods") that you order before your order can be accepted. Your payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us when we send to you an email that the goods have been despatched to you. Our acceptance of your order brings into existence a legally binding contract between us for the sale and purchase of the goods in question.


2 Ownership of rights

All rights, including copyright, in Our Site are owned by or licensed to ZAERNA. Any use of Our Site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our written permission. You may not modify, distribute or repost anything on Our Site for any purpose.

2.1 The Site Content, Copyright & Trademarks


You acknowledge that the service provided by Our Site contains "site content" , which collectively refers to any of the following owned by us: any text, graphics, images, information, video, links, logos, icons, and other content material ("site material"), including but not limited to proprietary and confidential information, copyrights, patents, trade secrets, trade dress, service marks and trademarks, including the marks (as defined below), are protected by copyright under both EU, international copyright and database right laws. We authorize you, non-exclusively and non-transferably, to view and download a single copy of the site material for your personal use. This authorisation is not a transfer of title in the site materials or copies of the site material. Unauthorized use of the site material breaches copyright, trademark, and other laws in numerous legal jurisdictions. You agree to retain all copyright and other proprietary notices contained in the original site material on any copy you make of such material. You may not sell or modify the site material or reproduce, display, distribute, or otherwise use the site material in any way for any public or commercial purpose. The names, marks and logos included in the site material are, unless otherwise noted, registered and/or common law trademarks owned by or licensed to us. Marks not belonging to us belong to their respective third party owners and we claim no rights in them. The use of these marks or the site material, except as provided in the Terms, is prohibited.

2.2 Changes

The Site´s material may include technical inaccuracies or typographical errors. We reserve the right to make changes and updates to any information contained on Our Site without prior notice.


3 Accuracy of content

We have taken care in the preparation of the content of Our Site, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders for goods will only be accepted if there are no material errors in the description of the goods or their prices as advertised on Our Site. Any weights, dimensions and capacities given about the goods are approximate only.
Please specifically note that we make no representations or warranty about the accuracy, reliability, completeness, or timeliness of the material on Our Site or about the results to be obtained from using Our Site. You use Our Site and the site material at your own risk.

3.1 Colour Disclaimer

The colours you see on Our Site are representations of the colours of the goods but should not be used to make final buying decisions. We strive to show our colours as accurately as possible, but due to the inconsistencies of computer display monitors, we cannot guarantee they are absolutely correct. Any decision to purchase the goods will be at the buyers risk as to these matters and accordingly we will not be held liable for such decision. Please also note that certain colours on Our Site can have several shades available in the market place and hence we cannot guarantee that colours and details in images are accurate representations of the relevant goods. Furthermore leather products produced in different batches will show variation in colour given that the shade of natural leather varies over time regardless of dyeing techniques.

3.2 Product and Service Details

We reserve the right to change any services, product prices, product specifications and availability at any time. All prices and descriptions supersede all previous publications. All sizes shown are approximate - a variation of 10% may apply. Stock availability information on Our Site is the latest updated record but may not be totally current and does not guarantee that stock is available.

4 Damage to your computer

We try to ensure that Our Site is free from viruses or defects. However, we cannot guarantee that your use of Our Site or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use Our Site. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using Our Site including (but not limited to) loss or damage arising from any form of virus, Trojan-horse, worm, software bomb or other harmful code (collectively "viruses").
We do not warrant that Our Site will operate error-free or that Our Site and its server are free of viruses. If your use of Our Site or the Site's material results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs. Our Site and the material are provided on an "as is" and "as available" basis without any warranties of any kind. We and our affiliates, to the fullest extent permitted by law, disclaim all warranties, expresses or implied, including without limitation the warranty of merchantability, of non-infringement of third parties rights, and of fitness for a particular purpose. We and our affiliates make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links on Our Site.

5 Availability

ZAERNA offers products that are in stock and available for dispatch. Occasionally, however, we may be waiting for shipments from our producer. Consequently you may from time to time be given the possibility of making an advance payment for certain goods. If made, this will ensure that you receive this item in priority once stock has been delivered to ZAERNA. Your rights regarding any advance purchase are the same as those for any other purchase at ZAERNA. Alternatively, you may simply choose to register your email address for notification of arrival of the selected goods not held in stock.
Please be aware that we may be unable to deliver selected advance payment goods due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by e-mail.
If you have registered your e-mail address for notification of the arrival of a specific good featured on Our Site, we will attempt to notify you by e-mail within 48 hours of the good becoming available. Please note that on occasions certain goods that are in particularly high demand will sell out during this period.
Please note that goods in your shopping basket are not reserved, and maybe purchased by other customers while you continue browsing Our Site.

6 Ordering errors

You are able to correct errors on your order up to the point on which you click on "submit" during the ordering process.

7 Price


The prices payable for goods that you order are as set out in Our Site. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
Wherever it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, offer to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.
All prices and offers remain valid as advertised from time to time. The GBP price of and goods displayed on Our Site at the time the order is accepted will be honoured, except in cases of patent error.
Goods prices in GBP/Euro are set at the beginning of each season/month using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
If you are a customer whose credit card is not denominated in GBP, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.

8 Purchasing

In order to make purchases through Our Site, you will be requested to register and provide your personal details. To process your order, we require your real name, billing address, phone number, e-mail address, shipping address, credit card information and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
Our Site is available only to individuals and others who meet the Terms, who have been issued a valid credit card by a bank acceptable to ZAERNA, whose applications are acceptable to ZAERNA and who have authorised ZAERNA to process a charge or charges on their credit card in the amount of the total purchase price for the goods which they purchase.

9 Payment terms

Payment can be made by Visa, Visa Electron, MasterCard, PayPal, Delta, and Maestro debit cards and any other methods which may be clearly advertised on Our Site. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to ZAERNA, we will not be liable for any delay or non-delivery.
We will charge your credit account for payment upon receipt of your order unless delivery cannot be fulfilled within 30 days. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your account then we can cancel the contract and/or suspend any further deliveries to you. This does not affect any other rights we may have.
Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from Our Site.

10 Delivery charges

Delivery charges vary according to the type of goods ordered and cannot be refunded. Our delivery charges are set out here.

11 Delivery

11.1 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.

11.2 Delivery charges

Germany (1-2 days)

6,66 £ DHL

Europe Zone 1 (2-3 days)

Belgium, Denmark, Greenland, Luxembourg, Netherlands, Austria, Switzerland

11,66 £ DHL

Europe Zone 2 (3-4 days)

France, Great Britain, Guernsey, Jersey, Italy

13,75 £ DHL

Europe Zone 3 (3-4 days)

Bulgaria, Czech Republic, Estonia, Finland, Ireland, Latvia, Lithuania, Norway, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Hungary

15,00 £ DHL

Europe Zone 4 (3-4 days)

Cyprus, Greece, Malta, Monaco

21,66 £ DHL

World Zone 1 (5-7 days)

Belarus, Bosnia-Herzegovina, Croatia, Egypt, Georgia, Gibraltar, Iceland, Israel, Jordan, Kazakhstan, Kuwait, Lebanon, Macedonia, Moldova, Qatar, Russia, Serbia, including Kosovo, Turkey, Ukraine

35,83 £ DHL

World Zone 2 (5-7 days)

Australia, Bahrain, Brazil, Canada, Chile, China, Hong Kong, India, Japan, New Zealand, Singapore, South Africa, South Korea, Taiwan, USA, United Arab Emirates

40,00 £ DHL


ZAERNA ships via DHL. Actual shipping charges may be adjusted due to weight and dimension of some goods shipped. We will e-mail you in such a case. Shipping and deliveries are made in accordance with the standard rules and regulations of these respective shippers. Arrival time for standard ground shipments is dependent on the distance of the package destination.
If you receive your goods in a damaged condition, please contact ZAERNA under info@zaerna.com within 48 hours of receipt of delivery.
When ordering goods from ZAERNA for delivery outside of the European Union (EU), you may be subject to import duties and taxes which are levied once the package reaches your country. Any additional charges (including but not limited to customs clearance charges and duties) must be borne by you; we have no control over these charges and cannot advise what they may be. Customs policies vary widely from country to country, so for further information we advise you to contact your local customs office.
We ship worldwide. International shipping charges by our carriers are by weight or size. Should the weight or size of your shipment cause the charges to be in excess of the standard rate, we will contact you by e-mail for your permission to ship.

11.3 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and the courier will contact you to arrange an alternative time.

11.4 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

12 Risk and ownership

The Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed or specified time for delivery. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.

13 Acknowledgement and acceptance of your order

You will need to provide us with your e-mail address and we will notify you by e-mail as soon as possible to confirm receipt of your order. An acceptance of your order will take place on despatch of the good(s) ordered (as aforesaid).
Any goods on the same order which have not been specified in a dispatch confirmation e-mail do not form part of a contract between us and for the avoidance of doubt will be subject to an entirely separate contract created when the relevant dispatch confirmation e-mail is sent.

14 Cancellation rights

14.1 Under the Distance Selling Regulations you have the legal right to cancel your order within seven days of receipt of your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, you will need to notify us if you wish to cancel your contract.

14.2 If you wish to cancel you must return the goods and ZAERNA must first be informed via info@zaerna.com. We will then inform you which appropriate return address to use. If you wish to return any goods (other than for a warranty claim), please ensure that they are well packed and returned, unused and in their original condition, within 7 days of receipt. Please quote your customer reference number and invoice or transaction number. All returns must be organised by you and must include appropriate insurance, tracking data and delivery costs. This ensures that all returns are handled in a proper manner and are traceable. After we received the goods we will inspect them and then return the cost of goods to the original purchaser.
We regret that we are unable to refund any transaction costs that we have incurred in shipping your order or when refunding VAT. This specifically includes transaction charges that can reach up to 5% when paying with a credit card as well as bank charges. We are also unable to refund any cost that you have incurred in returning the unwanted item to us.
We reserve the right to charge a handling and restocking charge of 25% on items which are returned if they were ordered in error or are no longer required by the Buyer.
We will not refund or exchange an item when a product has been specially ordered for you. Any statutory Consumer rights are unaffected by this Agreement.

14.3 If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to ZAERNA as specified above as soon as possible.

14.4 All refunds following your cancellation and the return of the goods to us will be credited to your credit card account as soon as possible and in any event within 30 days of the return of the goods to us.

14.5 If you do not return the goods as specified above or do not pay the costs of return, we will be entitled to deduct the direct costs of recovering the goods or other expenses incurred from the amount to be credited to you.

14.6 You will be credited (to your credit card account) for the costs incurred in returning faulty goods.

15 Cancellation by us

15.1 We reserve the right not to accept your order and hence no contract between us shall be created if:

15.1.1 we have insufficient stock to deliver the goods you have ordered;

15.1.2 we do not deliver to your area; or

15.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

 

15.2 If we do not accept your order we will notify you by e-mail and will credit to your account with any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.

16 Liability

16.1 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, or if they are delivered damaged, we will have no liability to you unless you notify us in writing at info@zaerna.com of the problem within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable), in the case of non delivery or as specified in Clause 11.2 above in the case of damaged goods.

If you notify a problem to us under this condition, our only obligation will be, at your option:

16.1.1 to make good any shortage or non-delivery;
16.1.2 to replace or repair any goods that are damaged or defective; or
16.1.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.

16.2 Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.

16.3 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from Our Site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

16.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law, or other statutory rights that may not be excluded, nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

16.5 Limitation of Liability

Under no circumstances shall we be liable for any damages whatsoever (including; without limitation, incidental, consequential or punitive damages, lost profits, or damages resulting from lost data or business interruption, losses special to your particular circumstances or wasted expenditure) resulting from the use or inability to use material on this web site or sites linked to this web site, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are and/or any affiliate is advised of the possibility or such damages.

16.6 Warranty Disclaimer


Any warranty applicable to any goods, does not cover accidental damage or damage resulting due to negligence under any circumstances.
Natural wear of real leather is specifically excluded from any warranty. Any problems with the goods must be immediately reported so that the situation can be rectified before the damage extends or becomes worse. Any damage resulting from failure to do so will not be covered and is specifically excluded from any warranty.
When reporting a fault with any goods under warranty, evidence in the form of digital photographs must be submitted within 48 hours of having reported the fault. This allows us to rectify the problem before it gets any worse. Any submissions of evidence outside this timeframe could lead to you incurring further charges.

16.7 Links

This site may include links to third party sites. These links are provided as a convenience to you. We have not reviewed all of the information on other sites and are not responsible for the content of any other sites or any goods products or services that may be offered through other sites. Third-party sites may contain information with which ZAERNA does or does not agree. We do not endorse or make any representations about such sites or any information or materials found there or any results that may be obtained from using them. Different terms and conditions may apply to your use of any linked sites.

17 Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to info@zaerna.com.

18 Law, jurisdiction and language

Our Site, any content contained therein and any contract brought into being as a result of usage of Our Site are governed by and construed in accordance with English law. Parties to any contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

19 Invalidity

The Agreement constitutes the entire agreement between you and us, and supersedes any prior agreements between you and us. If any provision under the Agreement is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Our failure to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. We may assign our rights and obligations under the Agreement at any time and without notice to you. The section headings used in the Terms are for convenience only and have no legal effect.

20 Registration

To use some of the services or features made available to you on Our Site, you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address info@zaerna.com. We may change registration requirements from time to time.

21 E-mail

Our Site provides a customer service email functionality. This functionality is for business purposes only; do not disclose any personal information about yourself, other than that necessary for us to answer your enquiry.

22 Third party rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

23 PRIVACY STATEMENT

We are committed to protecting the privacy of anyone using Our Site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you.
Information provided to us as a result of your on line purchase is completely confidential – ZAERNA does not sell, rent, or loan any personally identifiable information regarding its customers to any third party in ways different than disclosed in this privacy policy.
At ZAERNA, we have created this section of Our Site dedicated to the straight forward explanation, as simply and clearly as possible, of the way we function and what you, as our valued visitor, are going through by visiting Our Site and what your rights to privacy are.

23.1 Data Protection Act 1988

We are registered under the Data Protection Act and comply with the Act in all our dealings with your personal data.

23.2 Use and collection of personal information

In general you can visit Our Site without telling us who you are and without revealing any information about yourself. If, however, you use Our Site you will need to register and you will be asked to provide certain information such as your contact details. We will store this data and hold it on computer or otherwise. ZAERNA does not store any financial details (credit or debit card numbers).

23.3 We may use information that you provide:

(a) To register you with Our Site and to administer it.
(b) For assessment and analysis e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.

23.4 Cookies

There is a technology called "cookies" which may be used by us to provide you with, for example, customised information from our website. A cookie is an element of data that a website can send to your browser which may then store it on your system. If you wish, you can usually adjust your browser so that your computer does not accept cookies. Please remember cookies do not contain confidential information such as your home address, telephone number or credit card details. We do not exchange cookies with any third party websites or external data suppliers.

23.5 Security

We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.

23.6 General

You have the right to see personal data (as defined under the Data Protection Act) that we keep about you upon receipt of a written request and payment of a fee of £10. Any request should be sent to info@zaerna.com.

 
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