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PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES, MOBILE APPLICATIONS OR ONLINE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. DO NOT USE OUR WEBSITES, MOBILE APPLICATIONS OR ONLINE SERVICES IF YOU DO NOT AGREE TO ALL OF THESE TERMS.
These Terms of Use ("Terms") apply to your access to and use of the websites, mobile applications and online services provided by ZuZu Sandals. If you are using the site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to be responsible to us in the event you violate these Terms.
ZuZu Sandals reserves the right to change these Terms from time to time. If ZuZu Sandals makes changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our Sites or updating the date at the top of these Terms. Unless we say otherwise, the amended Terms will be effective immediately and your continued use of the site will confirm your acceptance of the revised Terms. We encourage you to frequently review the terms to ensure you understand the terms and conditions that apply to your use of the site. If you do not agree to the amended terms, you must stop using the site. Any use of the site in violation of these terms may result in, among other things, termination of your account.
If you have any questions regarding the use of the site, please contact our customer service by email at hi@zuzusandals.com.
1. Eligibility
The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Sites, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Sites. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age.
2. Ownership of Content
Unless otherwise indicated on our Sites, the Sites and all content and materials therein, including but not limited to ZuZu Sandals logos and all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, "Site Content") are the proprietary property of ZuZu Sandals.
You are granted a limited, nonexclusive, non-sublicensable license to access and use the Sites and Site Content for your own personal, non-commercial use. Such license is subject to your compliance with these Terms and does not include the right to engage in: (a) any resale or commercial use of the Sites or Site Content; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Content; (d) modifying or otherwise making any derivative uses of the Sites and the Site Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Sites, the Site Content or any information contained therein, except as expressly permitted on the Sites or pursuant to separate terms; or (g) any use of the Sites or the Site Content other than for their intended purposes. Any use of the Sites or the Site Content outside the scope of the license granted herein, without the prior written permission of ZuZu Sandals, is strictly prohibited and will result in automatic termination of the license granted herein.
3. Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray ZuZu Sandals or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an ZuZu Sandals logo or another proprietary graphic of ZuZu Sandals to link to the Sites without the express written permission of ZuZu Sandals. Further, you may not use, frame or utilize framing techniques to enclose any ZuZu Sandals trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without ZuZu Sandals express written consent.
ZuZu Sandals makes no claim or representation regarding the quality, content, nature, or reliability of third-party websites accessible by hyperlinks from the Sites, or websites linking to the Sites. Such sites are not under the control of ZuZu Sandals and ZuZu Sandals provides these links to you only as a convenience. The inclusion of any link does not imply affiliation, endorsement, or adoption by ZuZu Sandals of any site or any information contained therein. When you leave our Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
4. Reviews
We may provide specific opportunities for you to tell ZuZu Sandals what you think about our products. You are solely responsible for the reviews you submit and understand that you may not be able to delete this content after it has been published. You also assume all risks associated with your reviews, including anyone's reliance on the quality, accuracy or reliability of such reviews, and the disclosure of your personal information in connection with such content. If you submit reviews, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All reviews are strictly the opinion of the user posting such reviews, and ZuZu Sandals does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. Finally, we may use a third party to "power" or provide the opportunity to provide reviews. In that case, you will also need to review such third party's terms of service and privacy policy, to determine whether they are acceptable to you. If they are not, do not provide reviews to us using the third party's service or technology.
5. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort and that you are solely responsible for your conduct while accessing or using the Sites. You also agree to abide by any rules or policies governing your use of our Sites and that you will not:
- Use the Sites other than for their intended purposes, in any unlawful manner or in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Sites;
- Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Sites for the purposes of sending spam;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Sites or to extract data;
- Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law);
- Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- Attempt to circumvent any content-filtering techniques we employ or access any service or area of the Sites that you are not authorized to access;
- Use the Sites in a manner that could interfere with or damage, disable, overburden or impair the operation of the Sites or introduce to the Sites or our users any viruses, malware, corrupted data or other harmful, disruptive or destructive files or code;
- "Frame" our Sites or otherwise make it look like you have a relationship with us or that we have endorsed you for any purpose.
ZuZu Sandals has no obligation to monitor any user conduct on the Sites, but ZuZu Sandals reserves the right and has absolute discretion to monitor any user conduct on the Sites at any time and for any reason without notice.
6. Modifications to Sites
ZuZu Sandals reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice.
7. Governing Law
The law applying to all matters related to this Website is the Israeli law only.
In case of dispute, the courts of the Tel Aviv District will have sole jurisdiction to hear the claim.
It is clarified that everything stated above applies to users who are not residents and/or citizens of Israel.
8. Termination
You may terminate the Terms at any time by closing your account, discontinuing your use of the Sites and providing ZuZu Sandals with a notice of termination. ZuZu Sandals reserves the right, without notice and in our sole discretion, to terminate your right to use the Sites, or any portion of the Sites, and to block or prevent your future access to and use of the Sites or any portion of the Sites.
9. Severability
If any term, clause, or provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that term, clause, or provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining terms, clauses, or provisions.
Terms of Sale
1. Pricing and Availability
All prices are shown in U.S. dollars; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
2. Errors
We attempt to be as accurate as possible and to eliminate errors on the site; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error—whether on the site, in an order confirmation, in processing an order, in delivering a product or service or otherwise—we reserve the right to correct such error and to revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
3. Agreement to Conduct
You agree that all of your transactions with or through the site may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.
4. Shipping & Handling;
When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the site when your order is placed. We reserve the right to increase, decrease, add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order. Any shipping times shown on the site are estimates only – actual delivery dates may vary.
5. Payment; Credit for Refunds
Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other payment method. By submitting your order, you represent and warrant that you are authorized to use the designated card or payment method and you authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the site) to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
6. Exclusive Remedy for Any Breach of Warranty;
Your sole and exclusive remedy, and ZuZu Sandals's sole and exclusive liability, for any breach of warranty by ZuZu Sandals shall be your right to return the product or receive a refund.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE ZuZu Sandals LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE SITES, OR FOR THE ZuZu Sandals GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.