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Introduction
(a) This website (Site) is fully operated by Zansilia Ltd. These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.
Use of the Site
(a) By placing an order through our website, you accept these Terms and Conditions.
(b) You must be at least 16 years of age to use the website and to place orders for our products.
(c) When using our website, you are prohibited from engaging in or attempting any actions that are unlawful or inappropriate, including, but not limited to:
(1) Violating an individual's privacy or any other legal rights;
(2) Using the website to defame, harass, threaten, intimidate, or cause offence to any person;
(3) Engaging in unlawful activities through the website;
(4) Disrupting the experience of any other user of the website;
(5) Tampering with or modifying the website, including the transmission of viruses or the use of Trojan horses;
(6) Sending unsolicited electronic communications via the website;
(7) Employing data mining, robots, screen scraping or similar tools for data gathering and extraction on the website; or
(8) Facilitating or assisting a third party in committing any of the aforementioned actions.
Accounts
(a) You may purchase products from us without an account or you may choose to create an account with us which allows you to review your order history, and save your wish list.
(b) You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
(c) It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.
Orders
(a) You may order products from us as set out on the Site. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).
(b) We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.
(c) It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.
(d) When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing addresses and a description of what was ordered.
(e) Please be aware that some of the products sold through the Site may not be suitable for children under 18 years old. Please take extra care when ordering products for children under 18 years old.
(f) All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
(g) If a product is available for pre-order only (it is not currently in stock), this will be clearly indicated on our Site. We may display the date that the product is expected to be available for dispatch to you. These dates are an approximation only, and we will not be liable for any delay in the product being available for dispatch or the inaccuracy of the date.
(h) We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.
Price and payments
(a) You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts will be stated in the currency you select.
(b) You must pay the Price upfront using one of the methods set out on the Site.
(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
(d) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider for example, Afterpay, PayPal, Apple Pay or Google Pay. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
(e) We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
(f) Where you order the products for delivery outside Australia, you may need to pay custom charges or taxes in addition to the Price.
(g) We may from time to time issue promotional discount codes for certain products on the Site.
(h) To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.
(i) The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.
Delivery, title and risk
(a) If possible we will deliver the products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.
(b) Delivery costs are set out on the Site and are to be paid in addition to the Price/Delivery costs are included in the Price.
(c) We normally dispatch products within 3 Business Days of receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
(d) If you need to change the delivery day or delivery address, please notify us immediately in writing at contact@zansilia.com. We cannot guarantee that we will be able to amend a delivery address after an Order has been made, and you are responsible for any losses or additional delivery fees associated with providing us an incorrect address.
(e) We deliver the products using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the products at your premises.
(f) Title to the products will remain with us until we have delivered the products to your delivery address. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
(g) If a parcel is damaged or lost before it is delivered to your delivery address, please contact us and we will lodge a claim with the postage provider.
(h) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.
Returns
(a) In addition to your rights under the Australian Consumer Law, we may offer returns or refunds in certain circumstances. You can review our Returns and Exchanges policy here: https://zansilia.com/pages/return-policy
Warranty Against Defects
(a) In the UK, our products come with guarantees that cannot be excluded under the Consumer Rights Act. You are entitled to a replacement or refund for a major fault, as well as compensation for any other reasonably foreseeable loss or damage. Additionally, you have the right to have the goods repaired or replaced if they fail to meet acceptable quality standards and the failure does not amount to a major fault.
(b) In addition to any other rights you may have under the Consumer Rights Act, we warrant that the product we supply will be free from defects for a period of six months (the "Warranty").
(c) What constitutes a defect? Our Warranty covers any manufacturing faults, errors, or defects in materials (a "Defect").
(d) How to claim the Warranty: Within six months of delivery or collection of your product, if you believe it is subject to a Defect, you must stop using the item and contact us in writing with a photo and description of the Defect. If requested, you must return the defective product to us along with your proof of purchase using the contact details provided below.
(e) If you return a product as part of a Defect claim, you will be responsible for any costs incurred in returning the product to us. Should we determine that the product is covered by our Warranty, we will refund you for the return costs.
(f) Upon receipt of the returned products, we will assess the alleged Defect and determine whether the claim is valid under our Warranty.
(g) What happens if your claim under our Warranty is successful? We will, at our own expense:
(1) Repair or replace the product (the decision to repair or replace is solely at our discretion); or
(2) If we are unable to repair or replace the product, we will offer you a choice of a credit, refund, or compensation as applicable to the Defect.
(h) Damage Not Covered by Our Warranty: The following types of damage are not covered by our Warranty: loss of the product, chain breakage, and general wear and tear. General wear and tear includes tarnishing and fading of plated jewellery.
Intellectual Property
(a) All intellectual property (including copyright) developed, adapted, modified, or created by us or our personnel (including in connection with these Terms, any content on the website, and the products) (collectively, "Our Intellectual Property") shall at all times remain the property of Zansilia.
(b) We grant you permission to use Our Intellectual Property solely for your personal, non-commercial use and in the manner intended.
(c) You must not use Our Intellectual Property for commercial purposes, including but not limited to advertising your own business, resale, or any other revenue-generating activities.
(d) Without our prior written consent, you must not:
(1) Copy, in whole or in part, any of Our Intellectual Property;
(2) Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any of Our Intellectual Property to any third party; or
(3) Breach any intellectual property rights associated with the website or the products, including (without limitation) altering or modifying any of Our Intellectual Property, framing or embedding any of Our Intellectual Property in another website, or creating derivative works from any of Our Intellectual Property.
(e) Nothing in this clause restricts your ability to publish, post, or repost Our Intellectual Property on your social media page or blog, provided that:
(1) You do not claim ownership of Our Intellectual Property;
(2) Unless explicitly agreed in writing by us, you do not assert any endorsement or approval from us;
(3) You do not damage or take advantage of our reputation in any manner that is illegal, unfair, misleading, or deceptive; and
(4) You comply with all other terms outlined in these Terms.
Content you upload
User Interaction and Content
(a) We warmly encourage you to engage with our website and connect with us on social media! You may have the opportunity to post, upload, publish, submit, or transmit relevant information and content (collectively referred to as "User Content") on our site. We may also run campaigns on the site and across social media platforms that invite you to share User Content using specific hashtags (#) (hereafter referred to as "Tags").
(b) By making any User Content available on or through our site, including on social media using a Tag or by tagging our Instagram account @zansilia, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content. This licence includes the rights to view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our site and our social media platforms. Should you wish for any of your User Content to be removed from the site or social media, please send us an email at the address provided at the end of these Terms. We will endeavour to process any removal requests within a reasonable timeframe.
(c) You agree that you are solely responsible for all User Content that you make available on or through our site, including on social media using a Tag. You represent and warrant that:
(1) You are either the sole and exclusive owner of all User Content or possess all necessary rights, licences, consents, and releases to grant us the rights to such User Content as outlined in these Terms; and
(2) Neither the User Content nor its posting, uploading, publication, submission, or transmission, nor our use of the User Content on, through, or by means of our site (including on social media), will infringe, misappropriate, or violate any third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(d) We do not endorse or approve, nor are we responsible for, any User Content. We reserve the right, at our sole discretion, to remove any User Content at any time.
Consumer Rights
Consumer Rights
(a) Nothing in these Terms is intended to modify or exclude any conditions, warranties, undertakings, or other legal rights under the Consumer Rights Act 2015. Any and all warranties or conditions that are not guaranteed by the Consumer Rights Act are expressly excluded where permitted, except to the extent that such warranties and conditions are fully articulated in these Terms.
(b) If you wish to return products to us to seek a remedy under the Consumer Rights Act, you will be responsible for any associated costs (for example, delivery costs) incurred when returning the products to us.
(c) If your claim is valid under the Consumer Rights Act, we will refund your return delivery costs and, depending on the nature of the issue, either dispatch a new or repaired replacement product or refund you the price of the relevant product. Please contact us for further assistance.
Limitations of Liability
(a) You may have rights under the Consumer Rights Act 2015, and nothing in this Limitations clause seeks to modify or exclude those rights.
(b) Notwithstanding any provision to the contrary, to the maximum extent permitted by law:
(1) Our maximum aggregate liability arising from or in connection with these Terms (including the products and/or the subject matter of these Terms) shall be limited to, and must not exceed, the portion of the price paid by you for the relevant products that are the subject of the claim;
(2) Neither party shall be liable for any consequential loss, loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use, and/or loss or corruption of data, whether arising under statute, contract, equity, tort (including negligence), indemnity, or otherwise; and
(3) We shall not be liable to you for any loss or damage incurred through your use of the products contrary to our care instructions or other recommended guidelines, unless such loss or damage is caused or contributed to by our negligent acts or omissions.
(c) Neither party shall be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by any event or circumstance beyond a party’s reasonable control, including but not limited to acts of God, fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide, or other catastrophic natural disasters; civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, acts of sabotage, acts of a public enemy, war (whether declared or not), or other like hostilities; ionising radiation; contamination by radioactivity; nuclear, chemical, or biological contamination; any widespread illness, quarantine, or government-sanctioned ordinance or shutdown; pandemic (including COVID-19 and any variants or mutations of this disease or illness) or epidemic (collectively referred to as a "Force Majeure Event"). The party seeking to rely on this clause must notify the other party in writing, as soon as reasonably practicable, regarding the Force Majeure Event, the extent to which it is unable to perform its obligations, and must use reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
General
(a) Disputes: Neither party may initiate court proceedings concerning any dispute arising from or in connection with these Terms without first meeting with the other party to seek to resolve the dispute in good faith (unless the party is seeking urgent interlocutory relief or the dispute pertains to compliance with this clause).
(b) Notices: Any notice given under these Terms must be in writing and addressed to us at the contact details provided below, or to you at the details supplied when you placed your order or in your account. Notices may be sent by standard post or email and will be deemed to have been served upon the expiry of 48 hours in the case of post, or at the time of transmission for notices sent by email.
(c) Feedback and Complaints: We are committed to improving our services. If you have any feedback or complaints, please inform us using the contact details provided below, and we will take reasonable steps to address your concerns.
(d) Assignment: You may not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
(e) Amendment: We may, at any time and at our discretion, amend these Terms by publishing updated terms on our website. We recommend that you carefully review the terms in effect at the time of placing your order to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be those in effect (and which you agreed to) at the time you placed your order.
(f) Governing Law: These Terms are governed by the laws of England and Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of England and Wales and any courts entitled to hear appeals from those courts, and waives any right to object to proceedings being brought in those courts. The website may be accessed both in the UK and overseas; we make no representation that the website complies with the laws (including intellectual property laws) of any country outside the UK. If you access the website from outside the UK, you do so at your own risk and are responsible for complying with the laws applicable in the jurisdiction from which you access the website.