Disclaimer and Purchase Conditions for PETITE GARDEN website
Welcome to the PETITEGARDEN.CO website and co-branded versions of the website located at URLs that resolve to the domain name PETITEGARDEN.CO (the “Website” or “Site”). As you have no doubt experienced with virtually all websites, your use of this Site is subject to certain terms and conditions of use (collectively the “Terms”) set forth below. These Terms are important for both you and us as they create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business.
2. USE OF OUR WEBSITE
You agree that:
You may only use the Website to make legitimate inquiries or orders;
You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities;
If you do not give us all of the information that we need, we may not be able to complete your order;
You will not attempt to interfere or will not interfere in any way with the Site's networks or related network security, or attempt to use the Site's service to gain unauthorized access to any other computer system;
You will not use the Site to communicate, transmit, or post material that infringes on the intellectual property, privacy or publicity right of another person or entity;
You will not use the Site to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, provincial, national or
international law or regulation; and
By placing an order through the Website , you represent and warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
We may impose rules for, and limits on, use of the Site or restrict your access to the Site or Mobile App, in whole or in part. We have the right to change these rules and/or limitations at any time, in our sole and absolute discretion.
3. PLACING AN ORDER
No contract (“Contract”) in respect of the purchase of a product offered on the Site shall exist between you and us until your order has been accepted by us and we send you the Shipment Confirmation (defined below). If we do not accept your order and funds have already been deducted from your account, the funds will be fully refunded.
To place an order, you will be required to follow the shopping process online and press the“Finalize Order” button to submit the order. After this, you will receive an email from usacknowledging that we have received your order (the “Order Confirmation”). Your order constitutes your offer to us to buy one or more products from us for personal use and not for resale purposes. 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 email that confirms that the product has been dispatched by sending you an email and/or text message . We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation.
For all purchases made through the Site , you acknowledge and agree that your purchase receipt will be provided electronically only; paper copies of receipts will not be provided.
AVAILABILITY OF PRODUCTS
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 refund any monies that you might have paid in respect thereof.
REFUSAL OF ORDER/MODIFICATIONS TO WEBSITE
We reserve the right to withdraw any product from the Website at any time and/or remove or edit any materials or content on the Website at any time. While we will make reasonable efforts to process all orders, there may be exceptional circumstances that may require us to refuse to process an order after we have sent you an Order Confirmation; and we reserve the right to refuse to process an order at any time, at our sole discretion.
We will not be liable to you or any other third party by reason of our withdrawing any product from the Website , whether it has been sold or not, removing or editing any materials or content on the Website or for refusing to process or accept and order after we have sent you the Order Confirmation. In addition, we may also terminate, change, suspend or discontinue any aspect of the Site .
RISK AND TITLE
The product(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the product(s), including delivery charges, or upon delivery (as defined in Section 5 above).
PRICE AND PAYMENT
The price of the products shall be the one quoted from time to time on our Website , except where there is an error. While we take care to ensure that all prices and terms quoted on our Website are accurate, errors may occur. If we discover an error in the price of any product(s) 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 the order. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund.
To the extent permitted by law, we are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such. All prices are exclusive of shipping charges and sales taxes (if applicable). The total cost of an order is the price of the product(s) ordered plus the delivery charge and sales taxes (if applicable). Prices are subject to change at any time. All prices are in Pounds (GBP).
Sales tax is charged (if applicable) according to the shipping address of your order or as provided in applicable law and regulations.
Once you have finished shopping on the Website, all the products you wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment. To do this:
Click the "Shopping bag" button at the top of the page.
Click the "Continue" button.
Click the "Log In" button if you want to sign-in to your existing PETITE GARDEN.CO customer account or click the “Process to Checkout” button if you want to check out as a guest or create a PETITEGARDEN.CO customer account.
Select your shipping method, and fill in or confirm your contact details and the delivery address details. Click the “Continue” button. If you choose the Pick-up In Store option, please select a pick-up store where you would like to pick up your order.
Confirm the details and contents of your order, select the payment method, and fill in your payment and billing information.
Click the "Finalize Order" button.
Payment can be made by Visa, MasterCard, American Express, Discover, (either as credit or debit cards) and PayPal. If payment is made by credit or debit card, upon receiving your order we will seek a pre-authorization on your card to ensure there are enough funds to complete the transaction. The amount of a purchase will not be charged to your card until your order has been shipped to the delivery address. However, if payment is made through PayPal, the amount of your purchase will be charged when we send you the Shipment Confirmation.
By clicking on the “Finalize Order” (or Authorize Payment) button, you are confirming that the credit card or debit card is yours . Credit and debit cards are subject to validation checks and authorization by the credit or debit card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery
Returns and Exchanges General Policy:
We will accept returns or exchanges of any product (except for the products listed below) which you are not completely happy with provided you return it to us within one (1) month of the date of the Shipment Confirmation, unless a longer period of time is specified in writing at the time of purchase, Order Confirmation or Shipment Confirmation, and provided it is returned to us in the same condition as when you received it. You must include with any product return or exchange all original boxes, labels, product instructions, hang tags, tags, documents, receipts and wrappings. Any product which is returned to us damaged or which is not returned to us in the same condition as when you received it will not be accepted for return or exchange.
We are unable to accept returns or exchanges of:
Jewelry for use in body piercings;
Swimwear if the hygiene seal has been removed;
Underwear may not be exchanged or returned
Cosmetic products if they have been used or if the hygiene seal is broken, unless they are of unsatisfactory quality or unfit for purpose;
Accessories must be returned in their full original packaging; or
Fragrances must be returned in the original sealed package.
Please note that following delivery of the order, if you exercise your right to return or exchange a product and you do not do so using one of the two options offered in these Terms, we do not assume liability for the return package including returning to you any non-Zara return approved product, unless due to our own intentional or gross negligent acts.
Therefore, remember that you will always be responsible for the content of the return package. In the event that there is an error in the content of the return package that is not attributable to
PETITE GARDEN, we will be entitled to pass on to you any associated corresponding costs. Due to the high volume of packages that we receive as aforementioned above we assume no liability for the return of any erroneous package and we may dispose of the same without any further liability.
Returns of Defective Products:
In circumstances where you consider that a product is defective, you should promptly contact us via email with details of the product and the defect, by email at contact email@example.com where you will receive instructions from us.
If you wish to return defective products, you may do so in the manner described above for Returns. Upon receipt of the returned product, we will fully examine it and notify you of your right to a replacement or refund (if any) via email and within a reasonable period of time. We aim to process the refund or replacement as soon as possible and, in any case, within one (1) month of the date we confirmed to you via email that you are entitled to a refund or replacement. If so, we will replace the product or refund the purchase price, shipping charges and applicable taxes using the method to make payment for the non-conforming product.
Refund General Policy:
Refunds will be credited to your original method of payment and, except as otherwise set forth herein, will be equal to the cost of the goods plus applicable taxes. Except as otherwise set forth herein, shipping and handling charges are not refunded.
11. LIABILITY AND DISCLAIMERS
We publish information on the Site as a convenience to you. While we attempt 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. The products described in the Site may not be available in your region. We do not claim that the information in the Site is appropriate to your jurisdiction or that the products described in the Site will be available for purchase in all jurisdictions. We may also terminate, change, suspend or discontinue any aspect of the Site including, but not limited to, hours of availability of the Site, and we will not be liable to you or to any third party for doing so.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE , WHICH IS PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE OR MOBILE APP INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, AND FUNCTIONS AND SERVICES PROVIDED ON THE SITE OR MOBILE APP, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS OR USEFULNESS, OR CONTENT OR INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR MOBILE APP, OR THEIR FUNCTIONS OR CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE OR MOBILE APP WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE OR MOBILE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR MOBILE APP, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE OR MOBILE APP. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR MOBILE APP 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.
We make no warranties of any kind regarding any non-PETITE GARDEN sites or to which you may be directed or hyperlinked from the Site . Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-PETITE GARDEN sites or mobile apps. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE LIMITATIONS OR EXCLUSIONS OF LIABILITY CONTAINED HEREIN MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
Due to the open nature of the Website and/or Mobile App, and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from the Website or Mobile App unless otherwise expressly set out on the Website or Mobile App.
12. INTELLECTUAL PROPERTY
The Site and the Mobile App, including all of its information and contents such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, “Materials”), are theproperty of ZARA or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under Canadian and/or foreign laws. Except as otherwise provided on the Site, the Mobile App or in these Terms or Gift Card Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Site or Mobile App, in whole or in part, for any public or commercial purpose without the specific prior written permission from ZARA. We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and/or Mobile App and to use the information and services contained on the Site or Mobile App. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site or Mobile App and to terminate, change, suspend or discontinue any aspect of the Site or Mobile App, including, but not limited to, the Materials on the Site or Mobile App as well as features and/or hours of availability of the Site or Mobile App, and we will not be liable to you or to any third party for doing so. Subject to Section 22, we may also impose rules for and limits on use of the Site or Mobile App or restrict your access to part, or all, of the Site or Mobile App without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
As between you and ZARA (or any other person or company whose marks appear on the Site and/or Mobile App), ZARA (or the respective person or company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site or Mobile App, and is the copyright owner or licensee of the Materials on the Site or Mobile App, unless otherwise indicated. The ZARA logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectualproperty in such materials (collectively, “ZARA Intellectual Property”) are owned by ZARA and maybe registered in Canada and internationally. You agree not to display or use the ZARA Intellectual
Property in any manner without ZARA's prior permission. Nothing on the Site or Mobile App should be construed to grant any license or right to use any ZARA Intellectual Property without the prior written consent of ZARA.
Except as otherwise provided herein, use of the Site or Mobile App does not grant you a license to any Materials or features you may access on the Site or Mobile App and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials, features or materials, in whole or in part. Any commercial use of the Site or Mobile App 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 or screens for any purpose except as otherwise provided by ZARA. If you make use of the Site or Mobile App, other than as provided herein, in doing so you may violate copyright and other laws of Canada, as well as applicable provincial laws, and you may be subject to liability for such unauthorized use. The information on the Site or Mobile App 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. This does not prevent you from using the Website or Mobile App to the extent necessary to make a copy of any order.
ZARA makes no claim that the Site or Mobile App may be lawfully viewed or that content may be downloaded outside of Canada. Access to the content may not be legal by certain persons or in certain countries. If you access the Site or Mobile App from outside Canada, you do so at your own risk and you are responsible for compliance with the laws of the jurisdiction.
13. COPYRIGHT AND/OR TRADEMARK INFRINGEMENT
If you believe a work on the Site or Mobile App constitutes infringement of your copyright, trademark or other intellectual property rights please provide our Designated Agent with a written communication containing the following information:
evidence of your authorization to act on behalf of the owner of the copyrighted work or trademark;
a description of the copyrighted work or trademark that you claim has been infringed;
description of where the alleged infringing material is located on the Site or Mobile App,
including the permalink where the material is located;
your address, telephone number and email address;
a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner or trademark owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or trademark owner or that you
are authorized to act on the owner's behalf; and
your physical or electronic signature.
ZARA's Designated Agent for notice of claims of copyright infringement and trademark infringement can be reached via webchat or at Zara.caterms@ inditex.com.
You agree to defend, indemnify and save and hold ZARA, its affiliates, their respective content and service providers, and their respective directors, officers, employees and agents harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site or Mobile App, your violation of these Terms or the posting or transmission of any materials on or through the Site or Mobile App by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
15. WRITTEN COMMUNICATIONS
When using our Site or Mobile App, you accept that communication with us will be mainly electronic, including via text messages and that such communication will be binding on you and Zara. We will contact you by email, text messages or provide you with information by posting notices on our Site or Mobile App. For contractual purposes, you agree to these 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.
16. REGISTRATION, PASSWORDS, AND SECURITY
To access some of our services you will have to complete an online registration form. You agreethat all information which you submit (“Registration Information”) is true and complete and thatyou will update your Registration Information to keep this information true and complete.
Upon registering, you will create a password. You are solely responsible for any use of, or action taken under, your password on the Site or Mobile App. Your password may be used only to review information regarding potential and completed transactions, purchase or cancel purchases of products, change your preferences, post content and otherwise access and use the Site or Mobile App and services on the Site or Mobile App in accordance with these Terms. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and hereby release ZARA, its affiliates, their respective content and service providers and their respective directors, officers, employees and agents from any and all liability concerning such transactions or activity. You agree to notify ZARA immediately of any actual or suspected loss, theft or unauthorized use of your account or password. ZARA has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. ZARA will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.
17. POSTED CONTENT AND SUBMISSIONS
As part of your use of the Site or Mobile App and services offered on the Site or Mobile App, you may upload, post, distribute or disseminate (collectively, “post”) content and material (including,but not limited to, photographs, images you have taken, captions and comments), or you may send or email us material (including but not limited to, photographs you have taken, articles you have written, captions and comments) which we, at our discretion, may allow you to post(collectively, the “Posted Content”) on the Site or Mobile App. You hereby grant ZARA a right andworldwide license to use the Posted Content on the Site or Mobile App and to promote and advertise the Site or Mobile App and ZARA in any way and you hereby waive any moral rights to such Posted Content to the fullest extent permitted by law.
You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false or inaccurate material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following:
post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner's permission (including requisite consents and releases) to post it;
post any material that reveals a trade secret, unless you own the trade secret or have the owner's permission to post it;
post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another;
post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive or hateful to another user or to any other person or entity;
post any chain letter or pyramid scheme; or
post any material that contains a virus, trojan horse, worm, time bomb or other computer
programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
ZARA does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content by other users will be at your own risk. ZARA does not confirm that each user is who he or she claims to be. ZARA exercises great effort to protect Posted Content from being misused. However, if misuse has occurred, neither ZARA nor its affiliates, their respective content and service providers, or their respective directors, officers, employees and agents will be liable in any way for such misuse. Because ZARA does not control the behavior of users or participants on the Site or Mobile App, in the event that you have a dispute with one or more such users, you hereby release ZARA, its affiliates, their respective content and service providers, and their respective directors, officers, employees and agents from any actual and consequential, direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action or claims of every kind and nature, known or unknown, suspected or unsuspected,
disclosed or undisclosed, arising out of or in any way connected with such dispute. ZARA acts as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content. If ZARA becomes aware of any Posted Content that allegedly may not conform to these Terms, ZARA may investigate the allegation and determine in its sole and absolute discretion whether to take action in accordance with these Terms. ZARA has no liability or responsibility to users for performance or nonperformance of such activities. You may find some Posted Content to be offensive, indecent, harmful, inaccurate, objectionable, mislabeled or deceptively labeled. ZARA expects that you will use caution and common sense when using the Site, Mobile App or Services.
ZARA HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST ZARA FOR SUCH REMOVAL AND/OR DELETION.
ZARA IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THIS SITE OR MOBILE APP. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR MOBILE APP.
We are pleased to hear from our visitors and welcome your comments. Because of the large number of ideas and works that ZARA has already developed, or that have been suggested to us by third parties, the possibility exists that any idea, suggestion or submission that you may make through the Site or Mobile App is similar to information, ideas or suggestions already known to us. By disclosing any information, idea, suggestion or other material through this Site or Mobile App, you agree that (a) no confidential relationship is established by virtue of such submission and that the material is not submitted in confidence and (b) no obligation of any kind is assumed by, nor may be implied against, ZARA by virtue of such submission. Moreover, no liability shall result from the use of such information, ideas or suggestions by ZARA.
All notices given by you to us should be given to us preferably via our webchat. Subject to and as otherwise specific in Section 14, we may give notice to you at either the email or postal address you provide to us when placing an order.
Notice will be deemed received and properly served immediately when posted on our Website or Mobile App, twenty-four (24) hours after an email 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 email that such email was sent to the specified email address of the addressee.
19. BINDING NATURE; ASSIGNMENT
20. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a“Force Majeure Event”). A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether
declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of
public or private transport;
Impossibility of the use of public or private telecommunications networks;
the acts, decrees, legislation, regulations or restrictions of any government; or
any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any order you have placed 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 may be performed despite the Force Majeure Event.
No failure of ZARA to enforce any of its rights or remedies under these Terms or the Gift Card Terms will act as a waiver of such rights and remedies. 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 or Gift Card Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of the section on Notices (Section 18) above.
If any of these Terms or any provisions of an order 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.
23. ENTIRE AGREEMENT
These Terms and any document expressly referred to in them or contained on or published on our Site or Mobile App including, but not limited to, the Buying Guide, represent the entire agreement between you and us in relation to the subject matter of these Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in
writing. Both you and we acknowledge that, in entering into these Terms, neither you nor us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Terms, except as expressly stated in these Terms.
24. OUR RIGHT TO MODIFY THESE TERMS
We have the right to revise and amend these Terms at any time. You will be subject to the Terms and ZARA policies in force at the time that you order products from us or use the Site. Your use of the Site or Mobile App after we post changes to these Terms constitutes your agreement to those changes prospectively from the date of such changes. You will be subject to the Terms and ZARA policies in force at the time that you order products from us.
25. LAW AND JURISDICTION
Insofar as it is permitted under applicable law of the province of your residence, you agree that any claim or cause of action arising out of or related to use of the Site, the Mobile App, these Terms or the Gift Card Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
26. ADDITIONAL TERMS FOR USERS OF THE MOBILE APP PLATFORM
Users of the Apple Mobile App Platform. If you download and/or use our Site and/or apps using an iPhone or iPad: You, the end-user of Mobile App, acknowledge that these Terms are entered into by and between ZARA and you and not with Apple, Inc., and Apple, Inc. is not responsible for the Mobile App and/or its content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of these Terms and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce these Terms. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Mobile App. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). These Terms incorporate byreference the Licensed Platform End User License Agreement (the “LAEULA”) published by Apple,Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposesof these Terms, the Mobile App is considered the “Licensed Platform” as defined in the LAEULA and ZARA is considered the “Platform Provider” as defined in the LAEULA. If any terms of theseTerms conflict with the terms of the LAEULA, the terms of these Terms shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Mobile App (including, without limitation, a third party claim that the Mobile App infringes
that third party’s intellectual property rights) or your use or possession of the Mobile App,including but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the Mobile App.
Mobile App Platform Updates. We may make available for download certain Mobile App updatesor upgrades to the Mobile App to update, enhance, or further develop the Mobile App (“Platform Updates”). The license granted herein allows you to download and use the Platform Updates to update the Mobile App on any device that you own or control. This Agreement does not allow you to update devices that you do not own or control, and you may not make the Platform Updates available over a network where it could be used by multiple devices or multiple computers at the same time. You may not make any copies of the Platform Updates, unless such copy is authorized in writing by us.
Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Mobile App, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Mobile App, Platform Updates, or any part thereof. Any attempt to do so is a violation of the rights of ZARA and its licensors of the Mobile App and Platform Updates. By storing content on your device, you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The Mobile App and Platform Updates may be used to reproduce materials so long as such use is limited to reproduction of non- copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
We may, at our discretion, automatically upload Platform Updates to your device. You agree to accept these Platform Updates, and to pay for any costs associated with receiving them. The Mobile App and Platform Updates are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Mobile App and Platform Updates. These laws include restrictions on destinations, end users, and end use.
Uses of the Mobile App expressly consent to receive push notifications from and on behalf of ZARA.
You acknowledge and agree that your use of the Site and/or Mobile App may involve youproviding an “electronic signature” indicating your desire to use the Site and/or Mobile App. Your“electronic signature” indicates your acceptance of these Terms, and your consent to receivecommunications about these Terms electronically. If you wish to receive communications in another manner, you may contact ZARA at “Contact US” www.zara.com to change yourcommunication preferences. You may not use or otherwise export or re-export the Mobile App except as authorized by Canadian law and the laws of the jurisdiction in which the Mobile App was obtained. In particular, but without limitation, the Mobile App may not be exported or re-
exported (a) into any U.S. embargoed countries, or that has been designated by the CanadaGovernment as a “terrorist supporting country”. By using the Mobile App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Mobile App for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons.
28. FRENCH LANGUAGE CLAUSE
The parties have expressly requested and required that these Terms and all other related documents be drawn up in the English language. In the event these Terms are available in a language other than English and the English version and such other version diverge, the English language version of these Terms shall prevail. Les parties conviennent et exigent expressément que ces modalités et tous les documents qui s'y rapportent soient rédigés en anglais.
29. QUESTIONS AND FEEDBACK
We welcome your questions, comments and feedback. Please send all questions, comments andfeedback to us via the contact information provided on our "Contact Us” webpage.
Last modified: November 8, 2019