Terms and Conditions
Thank you for visiting www.Zevarbygul.com, a Zevar Collections LLC. business (“Zevar by Gul”, “we” or “us”). We are providing you with these Terms to ensure that you have the information you need to decide that you would like to do business with us through our website. We provide this site as a service to our customers. Your use of the Zevar by Gul site establishes an agreement between us that you agree to follow and be bound by. If you do not agree to the information in these Terms, please do not use this website. Also, because we will revise these Terms from time to time, you should revisit this page and re-review these Terms to ensure that you want to continue to do business with us. If you have a question about any of the Terms, please contact us.
IMPORTANT: THESE TERMS REQUIRE THE BINDING ARBITRATION OF DISPUTES AND REQUIRE YOU TO WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE READ THE "ARBITRATION AGREEMENT” PROVISION CAREFULLY BEFORE ORDERING PRODUCTS FROM ZEVAR BY GUL.
Legal Information
This website is owned and operated by Zevar Collections LLC., and is hosted on Shopify, Inc. which provides an e-commerce platform that allows us to sell our products and provide our services to you. The mailing address for Zevar Collections LLC. is Zevar by Gul, P.O Box 981, Grafton, Wisconsin, 53024..
By using the website, you are telling us that you are either the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to permit your minor dependents to use this website on your behalf.
All of the text, designs, artwork, graphics, photos, images, and other content featured in zevarbygul.com are copyrights, trademarks, trade dress, and/or intellectual property owned, controlled, or licensed by Zevar by Gul, unless otherwise indicated. The website in its entirety is also protected by copyright and trade dress, and all worldwide rights, titles, and interests are reserved. Zevar by Gul and all of its contents are intended solely for your personal, noncommercial use and all other uses are prohibited. That means you will not purchase any products or services through Zevar by Gul for further distribution or resale. You may not reproduce, publish, display, modify, sell, or distribute any of the materials from Zevar by Gul. You may, however, download, electronically copy, or print the contents of a page on the website, but those copies are still available only for your personal, noncommercial use. If you download, copy, or forward any content from the website via email, no right, title, or interest in those materials is transferred to you.
Limitation of Liability
Given the unpredictability of technology, the internet, and online environments, we do not warrant that the functionality or operation of this website will be uninterrupted or free from errors and defects, or that this site will be free from viruses or other harmful impacts. As a visitor to and user of this website, you are responsible for the cost of the equipment and services you use in conjunction with visiting our website. You also agree that your access will be subject to this legal notice and is undertaken at your own risk. Zevar by Gul will not be liable for damages of any kind related use of, or inability to access, this website.
Inaccuracies
We use our best efforts to ensure the website provides you with the most recent, accurate, and reliable information all times. However, sometimes the website may contain incomplete data, typographical errors, incorrect descriptions, or other inaccuracies. These errors are entirely unintentional. We apologize if those errors occur in our prices, item availability, or other ways that impact your product order. Please be aware that the content on the website is presented “as is” and we make no claims to its accuracy, either expressed or implied. We reserve our right to correct or update information at any time, without notice. If a product listing shows an incorrect price (from a typo or whatever other cause), we shall have the right to refuse or cancel the orders for that product. We shall have that cancellation or refusal right whether or not the order has been confirmed or your credit card has been charged. If your order is cancelled and your credit card has been charged, we will issue a credit to that credit card in the amount of the incorrect price.
Products
- Availability. We go out of our way to offer you distinctive products. Products are offered in limited quantities that, because of limited availability, sometimes cannot be restocked. That means once an item is gone, it may never appear on the website again. Once we know that a Product is out of stock and cannot be restocked, we use our best efforts to remove the page for that product from the website as soon as we can.
Colors
- Colors. Product colors are displayed as accurately as possible on the website. Because monitors vary, we cannot guarantee that the display of color you view will be accurate.
Warranty
- Warranty. We do not warrant that the quality of the products or the services, information, or other material purchased or obtained via the website will meet your expectations
Prices and Payment
The prices displayed on the website are quoted in U.S. Dollars and are valid and effective only in the United States and Canada. Prices are subject to change without notice. No update or refresh date should be assumed to mean that all the information on the website was updated at that time.
If we terminate your access to and use of the website, for any reason, you will remain liable for all amounts due up to and including the date of termination.
Subscription Product Sales.
- From time to time, we may choose to sell, and you may choose to purchase, subscriptions to receive monthly shipments of products. Subscription prices will be based on the length of the initial subscription period – monthly, semi-annual (6 months), and annual (12 months); however, we reserve the right to change a product’s price or the subscription pricing structure at any time. You hereby authorize us and our merchant provider to charge your credit card, debit card, or other accepted method of payment in advance for the subscription for products.
- YOU ACKNOWLEDGE AND AGREE THAT EACH SUBSCRIPTION AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT.
- To avoid being charged for the next subscription period, you must cancel your subscription before the 7th calendar day of the month in which your subscription renews. We will continue to bill you on a recurring basis until you cancel or pause. Cancellation prior to renewal simply avoids the recurring charge and we do not issue refunds for the remaining months of a pre-paid semi-annual or annual subscription. If you create an account on the website, you may cancel your subscription from your account by clicking on the “Manage Subscriptions” link, then follow instructions towards cancellation.
Indemnification
You agree to indemnify, defend, and hold harmless Zevar Collections LLC., its subsidiaries and affiliates, and the officers, directors, employees, agents, contractors, licensors, and suppliers of all of these companies from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to access to and use of the website (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account, device, or other identifying information.
Correspondence
Although we try to respond quickly to emails and comments, we are under no obligation to respond to the correspondence or comments received through this site, or to maintain your questions, concerns and submitted comments in confidence, or to pay you any compensation comments or submissions.
Although we want and welcome your comments and feedback, please do not send us any confidential or proprietary information (through the website or by email). Note however that all comments, feedback, suggestions, and any other submissions made through the site or emailed to us shall become and remain the property of Zevar by Gul. If you make comments or any other disclosure or submission on the website or via email, you fully release all proprietary claims and intellectual property rights you may have relating to your submission. We will try not use your name in connection with any such materials, information, suggestions, ideas or submissions and comments without getting your permission (unless required by law).
Any content you post or other submissions (except for credit card information) may be transmitted, copied, or transferred unencrypted over various networks and may be changed to conform to technical requirements of networks and devices.
You may post or upload content you create, including photos, hashtag, social media account names, videos, and comments to your social media accounts. If you tagged your posts and submissions in a manner that includes the Zevar by Gul brand name or any individual product name, you grant to us and to our third-party service providers who provide content management services to us a perpetual, irrevocable, royalty-free, fully-paid, worldwide, non-exclusive, transferable right to use your comments and submissions on our webpages, in our marketing and advertising, and on social media pages we publish or promote, in any media now or hereafter known. When we use your comments and submissions, we may display, reproduce, distribute, transmit, combine, create derivative works, edit, and alter you comments and submissions in any manner and without any obligation to you. When you make your comments and submissions, you grant us the right to use your real name, photo, image, and likeness, username, caption, location, and other identifying information when we make use of those comments and submissions. You hereby represent and warrant that (i) you own all rights in and to your comments and submission, (ii) you have permission from all other individuals that appear in your submissions to grant us the rights granted in these Terms; (iii) you are not a minor, and (iv) the use of your submissions by us, as described here, will not violate the rights of any third party or any law. You hereby release, discharge, and agree to hold Zevar Collections LLC. and any person acting on our behalf harmless from any liability related in any way to the use of your submissions.
Prohibited Use
You shall not use the website or its content, or publish any comments or make any submissions: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (g) for any obscene or immoral purpose; or (h) to interfere with or circumvent the security features of this website, other websites, or the Internet. We reserve the right to all remedies available at law and the termination of your use of the website for violating these prohibited uses.
DMCA Take-Down
If you believe the website includes content that infringes on a copyright, please provide us with the following information in writing (electronic or physical) and in ENGLISH: (i) the signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work and where it is located on the website; (iii) your street address, phone number, and e-mail; (iv) your statement of belief that the described use is not authorized by the copyright owner or agent, or by law (including the law of fair use); (v) your statement, made under penalty of perjury, that what you have written in the notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Send your written notice to Zevar Collections LLC at the address above.
Arbitration Agreement
Both you and Zevar Collections LLC., including Zevar by Gul, agree that any controversy, claim, action, or dispute in any way related to your use of the website, any purchase from Zevar by Gul, or to any products or services sold or distributed by Zevar by Gul (“Dispute”) will be resolved by the following dispute resolution and arbitration process (“Arbitration Agreement”).
Informal Dispute Resolution.
The party asserting the Dispute shall first try in good faith to settle the Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
(1) to Zevar by Gul at:
Zevar Collections LLC. / Zevar by Gul
Zevar by Gul, P.O Box 981, Grafton, Wisconsin, 53024.
ATTN: LEGAL
or:
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
You and Zevar Collections LLC. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
Arbitration Agreement:
- To the extent we do not resolve a Dispute through the informal dispute resolution described above, the Dispute shall be resolved through binding individual arbitration. You and Zevar Collections LLC. agree to give up all their rights to go to court to assert or defend rights under this Arbitration Agreement and with respect to any Dispute (except for small claims, described below). You and Zevar Collections LLC. expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this Arbitration Agreement.
- Right to Bring Small Claims in Court. Instead of arbitration, either you or Zevar Collections LLC. may bring any individual claim in small claims court consistent with the applicable jurisdictional and dollar limits, as long as it is brought and maintained as an individual claim.
- Arbitration Process. Arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. In person arbitration shall be held in the United States in Madison, Wisconsin, under Wisconsin law without regard to its conflict of laws provisions.
- Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Zevar Collections LLC., agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Zevar Collections LLC. hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.e
- This Arbitration Agreement provision shall be governed by, and interpreted, construed, and enforced in accordance with the Federal Arbitration Act and, where applicable, the law of Wisconsin. The terms of the Arbitration Agreement provisions shall survive after your relationship with us and/or use of our websites or other services and products ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.