OUR TERMS AND CONDITIONS
• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
• Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of Ontario Canada
Terms of Sale
By placing an order at Zapphir.com, you are agreeing to the following terms of sale:
• All orders are subject to availability and confirmation of the order price.
• Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
• In order to contract with Zapphir.com, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. The Zapphir Group retains the right to refuse any request made by you. If your order is accepted we will inform you by email.
• When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
Whilst entering into a retail agreement with The Zapphir Group, the below terms apply:
When placing an order, you will receive an acknowledgement email confirming receipt of your order. This email represents an acknowledgement and will not constitute an acceptance of your order. A contract between us will not be formed until we send you confirmation of dispatch email, confirming that your order is now on its way to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.
ii. Pricing and Availability
Whilst we try to ensure that all details, descriptions and prices which appear on Zapphir.com are accurate, from time to time, errors may occur. If we discover an error in the price of any of the goods in your order, we will inform you of this as soon as possible. You then have the option to reconfirming your order at the correct price or cancel. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs are charged in addition to goods purchases. Such costs are clearly displayed and included in the total cost.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law The Zapphir Group and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or the linked sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect The Zapphir Group’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to Zapphir.com
You may link to the home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you. Zapphir.com must not be framed on any other site, nor may you create a link to any part of Zapphir.com other than the home page. We reserve the right to withdraw linking permission without notice.
Third Party Terms
Except where expressly stated to the contrary, all persons (including their names and images), third party trade marks and content, services and/or locations featured on Zapphir.com are in no way associated, linked or affiliated with The Zapphir Group. No assumed connection or affiliation should be relied upon. Any trademarks and/or names featured on Zapphir.com are owned by the respective trademark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to The Zapphir Group.
You agree to indemnify, defend and hold harmless The Zapphir Group, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use Zapphir.com or your breach of any of the binding Terms and Conditions.
The Zapphir Group shall have the right, in its absolute discretion, at any time and without notice to amend, remove or vary the services and/or any page of Zapphir.com.
If any part of the terms are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the terms will not be affected; all other clauses remaining in full force and effect. So far as possible where any clause or sub-clause or part of a clause or sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause or sub-clause as is permitted by law.
The Zapphir Group operates a fair complaints handling procedure, which is to be used to resolve disputes when they first arise. To address any complaints or to submit any comments, please contact us.
If you breach these conditions and no action is taken, The Zapphir Group will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you, the user of Zapphir.com, and The Zapphir Group. Any waiver of any provision of said terms will be effective only if in writing and signed by a Director of The Zapphir Group.