TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS "Zen Living Furniture" WEB SITE, (THE "SITE") OPERATED BY Philazzure Services Ltd. YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
IMPORTANT INFORMATION ABOUT THIS LEGAL CONTRACT
You agree to this User Agreement, and all of its terms and conditions, by visiting, browsing, shopping, accessing or otherwise using the Site.
We reserve the right, at our sole and absolute discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of Philazzure Services Ltd.’s web site or any content contained thereon or links therein, without liability or notice to you. Any changes to these Terms of Use shall be effective and binding on you immediately following the posting of such changes on Philazzure Services Ltd.’s web site. By visiting, browsing, shopping, accessing or otherwise using the Site after a change has been posted to the Site, you agree to review these Terms of Use from time to time. If you do not agree to any such modifications of the Terms of Use, your sole remedy is to immediately stop using Philazzure Services Ltd.’s web site.
ACCEPTANCE OF CONTRACT TERMS
This User Agreement, and all of its terms and conditions, constitute a legal contract between you and Philazzure Services Ltd. (References to "you" or "your" shall relate to a customer of Philazzure Services Ltd. or other party that visits, browses, shops, accesses or otherwise uses the Site (the "Customer"); references to "Zen Living Furniture" shall relate to Philazzure Services Ltd. and its affiliates.) By visiting, browsing, shopping, accessing or otherwise using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable laws and regulations, including Canada export and re-export control laws and regulations. If you do not agree to this User Agreement, as it may be changed by Philazzure Services Ltd. from time to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, Canada copyright law and international treaties. This Site is controlled and operated by Philazzure Services Ltd. from its offices within the Canada . Philazzure Services Ltd. makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
To the extent permitted by applicable law, you expressly understand and agree: (A) to accept Philazzure Services Ltd.’s web site “as is”, without any representation, warranty, guarantee, endorsement or assurance of any kind, whether express or implied, including any warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of the rights of third parties, accuracy, suitability, reliability, freedom from viruses, or completeness; and (b) that Philazzure Services Ltd. makes no warantees that Philazzure Services Ltd.’s web site will be provided on an uninterrupted, timely, secure or error-free basis, or that the web site will meet your requirements or expectations.
Any claim relating to, and the use of, this Site and the materials contained herein shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws provisions thereof. You hereby: (i) consent to the exclusive jurisdiction of the courts of, and venue and situs in, Toronto, Ontario for any litigation arising out of or relating to your use of Philazzure Services Ltd’s web site, (ii) waive any objection to the venue of any such litigation in the Ontario courts, and (iii) agree not to plead or claim in any litigation brought in Toronto, Ontario has been brought in an inconvenient forum.
If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect.
No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.
This is the entire agreement between you and Philazzure Services Ltd relating to your use of Philazzure Services Ltd’s web site.
These Terms of Use are binding upon you, your heirs, executors, personal representatives, beneficiaries, successors and assigns. You may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion. We may assign this Agreement to any affiliate or successor company of Philazzure Services Ltd without notice thereof to you.
It is the express wish of the parties that these Terms of Use, the Privacy Policy and other notices on Philazzure Services Ltd’s web site have been drawn up in English. C'est la volenté expresse des parties que la présente convention ainsi que tous les documents légales qui s'y rattachent soient rédigés en anglais.
All sizes quoted are approximate.
INDEMNIFICATION
You shall indemnify and save harmless Philazzure Services Ltd. and its officers, directors, trustees, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the websites.
OWNERSHIP, COPYRIGHT AND TRADEMARK
This Website is operated by and is the property of Philazzure Service Ltd. The domain name, trademarks, trade names, copyright and other intellectual property of zenlivingfurniture.com, zenlivingfurnitures.com, condochairs.com, and condochair.com (collectively the “websites”) are owned by Philazzure Services Ltd.
Philazzure Services Ltd. expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Website. Access to this Website does not confer, nor shall such access be considered as conferring, upon anyone any license under any of these intellectual property rights. Access to this Website does not authorize anyone to use any of Zen Living Furniture name, logo, mark or any other intellectual property in any manner.
ACCESS, INTERFERENCE AND LINKING
Philazzure Services Ltd. grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except as provided below under "Use Restrictions," or with express written consent of Philazzure Services Ltd..
The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission by Philazzure Services Ltd.; collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and, Any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by Philazzure Services Ltd..
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Philazzure Services Ltd., its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Zen Living Furniture logo or other proprietary graphic or trademark as part of the link without express written permission.
Philazzure Services Ltd. does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site.
USE RESTRICTIONS
The copyright in all material provided on this Site is held by Philazzure Services Ltd. or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Philazzure Services Ltd. or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without Philazzure Services Ltd. 's prior written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their respective owners. Photographs courtesy of respective manufacturers.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PHILAZZURE SERVICES LTD. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF PHILAZZURE SERVICES LTD. OR A PHILAZZURE SERVICES LTD. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME CANADIAN PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
LANGUAGE
Buyer confirms it accepts this Agreement, as well as all other related documents, including notices, in English only, unless Buyer specifically requests French correspondence. Residents du Québec Seulement - Les parties aux présentes confirment leur volonté que la présente convention, de même que tous les documents s'y rattachant, y compris tout avis, soient rédigés en anglais seulement, à moins d'une demande expresse de l'une des parties à l'effet que les documents échangés soient rédigés en français.
PRIVACY
Please review our Privacy Notice, which also governs your visit to this Site.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with a parent or guardian. Philazzure Services Ltd. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
COMMUNICATIONS TO PHILAZZURE SERVICES LTD.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Philazzure Services Ltd. for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Philazzure Services Ltd. is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Philazzure Services Ltd. or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
COPYRIGHT COMPLAINTS
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact:
Zen Living Furniture
Phone: 1-800-875-0693
Email: Info@zenlivingfurniture.com
DISAGREEMENT WITH THESE TERMS AND CONDITIONS
If you disagree with any of the terms and conditions of this User Agreement, please do not visit, browse, shop, access or otherwise use this Site.
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH PHILAZZURE SERVICES LTD. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
IMPORTANT INFORMATION ABOUT THIS LEGAL CONTRACT
This Sale Agreement is a legal contract between the Customer and Philazzure Services Ltd.. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "Philazzure Services Ltd." shall relate to Philazzure Services Ltd. and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and Philazzure Services Ltd. relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by Philazzure Services Ltd.. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Philazzure Services Ltd. at the address provided below.
In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
GOVERNING LAW
This agreement and the sale of any products hereunder shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws provisions thereof. You hereby: (i) consent to the exclusive jurisdiction of the courts of, and venue and situs in, Toronto, Ontario for any litigation arising out of or relating to your use of Philazzure Services Ltd’s web site, (ii) waive any objection to the venue of any such litigation in the Ontario courts, and (iii) agree not to plead or claim in any litigation brought in Toronto, Ontario has been brought in an inconvenient forum.
TITLE; RISK OF LOSS
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser.
EXPORT
Orders for products to be exported are subject to Philazzure Services Ltd.'s ability to obtain export licenses and other necessary papers within a reasonable period. Buyer will furnish all Consular and Custom declarations and will accept and bear all responsibility for penalties resulting from errors or omissions thereon.
ORDERS; PAYMENT TERMS; INTEREST; TAXES
Orders are not binding upon Philazzure Services Ltd. until accepted by Philazzure Services Ltd.. Terms of payment are within Philazzure Services Ltd.'s sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Philazzure Services Ltd. may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order.
CHECK PAYMENT POLICY
Philazzure Services Ltd. does not accept personal or business checks.
RETURN POLICY
If you are unsatisfied for any reason you can return your item with a 30% restocking fee plus shipping both ways within 5 days of receipt of the item. We will be happy to provide freight bills to calculate the total cost. We will refund your money via check after the items is received back into your warehouse.
*************** INSERT ZUO RETURN POLICY HERE ***************
SHIPPING COST ESTIMATES
Shipping costs are calculated based on the product selection and your shipping address. The finalized charges will appear in step 4 and 5 of the checkout.
DELIVERY DETAILS
Delivery of your order is subject to the availability of our supplier's inventory.
We may split your order into more than one shipment, depending on the availability of each product. If your order is split you will not be charged for the extra delivery, although your shipping charges may be split over the various invoices. If you need to receive one of your products sooner, we recommend that you place it in a separate order to avoid any possible delays. Your credit card will not be charged until we have shipped your product.
Carriers usually deliver between 8 am and 5 pm local time. If you are not home to accept delivery, ... "subject to carrier's delivery conditions".
GENERAL LEGAL DISCLAIMER
PHILAZZURE SERVICES LTD. HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY PHILAZZURE SERVICES LTD. IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
INTERNET DISCLAIMER
Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.
PRICING AND INFORMATION DISCLAIMER
All charges and prices are quoted in Canadian dollars and do not include applicable taxes or shipping and handling charges unless otherwise expressly stated in the invoice or any purchase order signed by Seller.
All pricing subject to change. For all prices, products and offers, Philazzure Services Ltd. reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. High volume bids are welcome!
While Philazzure Services Ltd. uses reasonable efforts to include accurate and up-to-date information on the Site, Philazzure Services Ltd. makes no warranties or representations as to the Site's accuracy. Philazzure Services Ltd. assumes no liability or responsibility for any errors or omissions in the content on the Site. All dimensions are provided by the manufacturer and are assumed correct. Philazzure Services Ltd. will not provide any Returns, Refunds and/or Considerations for inaccurate measurements. Color scans found on Philazzure Services Ltd. website were done to the best of our ability and may vary from computer monitor to monitor.
LIABILITY DISCLAIMER
Except as explicitly provided in the foregoing paragraphs, Philazzure Services Ltd. makes no representations or warranties of any kind, express or implied, regarding the websites and/or any materials provided on the websites, all of which are provided on an "as is" and "as available" basis. Philazzure Services Ltd. does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the websites, or any of the content or data found on the websites, and expressly disclaims all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
Philazzure Services Ltd. is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
Philazzure Services Ltd. assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on the websites or your downloading of any materials, data, text, images, video or audio from the websites. In no event shall Philazzure Services Ltd. be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the websites or content found herein, any failure or delay (including, but not limited to the use of or inability to use any component of the websites for purchases), of the performance or non performance by Philazzure Services Ltd., even if Philazzure Services Ltd.p has been advised of the possibility of damages by such parties or any other party.
INACCURACY DISCLAIMER
From time to time there may be information on our Web Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Actual products may differ in color due to lighting conditions, monitor settings, brands and variations in wood grain. Philazzure Services Ltd. reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
