Terms & Conditions

These Terms and Conditions and Privacy Policy

(https://tigermist.com/pages/privacy-policy) (collectively, the “Terms”) govern the use of the website located at www.zoecalifornia.com and any other website(s) owned and/or operated by Zoe California (Australia) & (US),  By accessing or using the Website, including purchasing any products through the Website, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these Terms; (2) that you have the right, authority, and capacity to abide by these Terms; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of the Website; and (4) you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or another applicable jurisdiction.  By accessing, using, browsing, registering with, contributing to, or purchasing from any area of the Website, you agree that your access to, use of, and purchase of any products from the Website is subject to these Terms and all applicable laws, and is at your own risk. If you do not agree to these Terms in their entirety, you must not use the Website or any associated services. When accessing, using, or purchasing products from the Website, these Terms form a contract between the customer (“you”) and Zoe California (Australia) & (US) and apply to the ordering, purchase, fulfilment and delivery of products from the Website. Please take time to review these Terms carefully for our website, services, and products. 

We reserve the right to update, change, modify or otherwise alter these Terms at any time. If any material changes are made to these Terms, we will notify you by posting the revised Terms on the Services or notifying you through the Services.

 BY ACCESSING OR USING ANY PART OF THE SITE, PRODUCTS, OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN A TERMS OF SALE AGREEMENT, AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABLIITY LIMITATIONS.  ANY ACCESS OR USE OF THE SERVICES BY YOU AFTER THE CHANGES GO INTO EFFECT SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THESE TERMS.

We may terminate the Services or any portion thereof, any website or webpage within the Services or any products or services offered through the Services, or terminate your right to access or use the Services or any portion thereof without notice and at any time for any reason. In the event of such termination, you are no longer authorized to access the Services, and the restrictions imposed on you with respect to the Content (as defined herein), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms, shall each survive such termination.

ELIGIBILITY

To use the Website, you must be, and represent and warrant that you are, of legal age (18 years of age or older) and competence. By using the Website on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Website constitutes that third party’s acceptance of these Terms.

TERMS OF SALE; RISK OF LOSS

By placing an order for any products on the Website (“Order”), you are (i) offering to purchase the products on and subject to these Terms, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such Order is true and accurate and you are an authorized user of the payment method provided with sufficient funds for the order. The receipt by you of an order confirmation does not constitute our acceptance of an Order. We retain the right to refuse any request made by you.

Each Order you place will be a separate and binding agreement between you and us with respect to the supply of the products in accordance with these Terms.

By placing an Order and/or using our Website, you are acknowledging agreement to and understanding of our privacy policy.

From time to time we may need to cancel an order. Please be assured that your payment will be refunded to your original payment method which can take anywhere from 5 - 10 business days to reflect in your bank account.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to the United States and are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. We will not be responsible, and have no liability to you, for missed or late deliveries. THE RISK OF LOSS AND TITLE FOR PRODUCT(S) PURCHASED BY YOU PASS TO YOU UPON OUR DELIVERY OF THE PRODUCT(S) TO THE CARRIER.

Shipping and handling fees and applicable sales/use tax will be added by us as necessary.

You acknowledge that all Orders through the Website are with respect to products intended for personal and domestic use only and non-commercial use.

The colours of products will sometimes vary depending on the quality and make of the device or monitor they are being viewed on. We cannot guarantee your computer or screen will accurately display colors.

In order to contract with us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.

We reserve the right to accept or reject an Order for any reason at any time.

When placing an Order, you undertake that all details that are provided to us are true and accurate, that you are an authorised user of the credit or debit card used to place the Order, and that there are sufficient funds to cover the cost of the products.

We reserve the right to hold an order pending credit card verification.

If our merchant bank is not satisfied with the information you provide, your order may be cancelled and refunded.

Changes to items on orders, shipping addresses or names are not permitted once an order has been placed. Further, we can refuse any amendment or cancellation of an Order at any time.  

We may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in our sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.

Products are available while supplies last. All prices and products advertised are subject to change without notice to you. All features, specifications, products, prices of products and services, discounts, promotions and offers described in relation to our Website, products, and services are subject to change at any time, and we reserve the right to make changes to them without notice to you. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer.

Please see our Refunds related terms below, our Shipping related terms below, and all other related sections within the Terms for other terms of sale, including information on shipping, delivery and tracking, the ordering and payment process, returns, refunds and exchanges, pricing, gift cards, product availability, no resale policy, and other helpful information.

 

PRICING

The price with respect to any products is specified on the Website (“Price”). The Price is exclusive of any delivery fees.

Where a delivery address within the United States has been nominated, the Price includes U.S. and AUD Dollars. Unless otherwise stated, all Prices are exclusive of tax and shipping and delivery costs. For customers with a delivery address outside of the United States, additional taxes may be payable by you as levied by authorities in the country of delivery upon importation to that country. If products are over the relevant country’s threshold and customs entry is required, there will also be an additional administration charge from our shipping partners for handling the customs clearance. We do not cover import liabilities that may be applied by the government of the destination country.  We will not accept responsibility for customs delays, duties or taxes that may apply in the destination country.

Where products are sold in other countries, applicable sales tax may apply and will be in addition to the quoted Price.

Any currency conversion fees or rates used to determine the amount you pay for the products is determined by your credit card provider. We are not liable for any difference between the Price quoted on the Website and the actual amount charged to you for the products as determined by the fees and conversion rate used by your credit card provider.

We reserve the right to change or alter Prices on the Website without notice to you.

In paying or attempting to pay for the products, you agree that you have not engaged in any fraudulent conduct or contravened any law.

Where applicable, we will issue you with a tax invoice once payment in respect of the Order has been processed.

While we take all reasonable precautions with respect to encrypting and securing your payments to us, we cannot guarantee the security of any transaction.

 

SITEWIDE SALES AND PROMOTIONAL SALES

We reserve the right to end a promotional sale at any time without notice, unless we have otherwise published a date for the sale to end.

 

PRICING ERRORS

We reserve the right to amend any pricing errors displayed whether due to human error, computer malfunction, or otherwise.

Where a pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to cancel your purchase. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, we shall credit your account in the amount of the incorrect price.

CREDIT NOTES and E-VOUCHERS

Credit notes, and e-vouchers are valid for a period of 3 years from the date of issue and cannot be extended beyond this period unless we otherwise expressly agree in writing.

 

CANCELLATION OF ORDERS

Please carefully check that your Order (including delivery address) is accurate before you submit it as unless otherwise provided for under these Terms, no cancellations or changes will be accepted. This also applies to pre-orders.

RISK AND OWNERSHIP

THE RISK OF LOSS AND TITLE FOR PRODUCT(S) PURCHASED BY YOU PASS TO YOU UPON OUR DELIVERY OF THE PRODUCT(S) TO OUR NOMINATED THIRD PARTY DELIVERY CARRIER OR SHIPPING COMPANY. 

 

 

DISCLAIMER OF WARRANTIES

 

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, INFORMATION, SERVICES AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE SERVICES, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR ANY THIRD PARTY WEBSITE(S) BY US OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.

 

YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SERVICES, PRODUCTS, ITEMS AND/OR CONTENT OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SERVICES, PRODUCTS, ITEMS AND/OR CONTENT OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF ANY PRODUCT SOLD. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, PRODUCTS, ITEMS AND/OR CONTENT OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

LIMITATION OF LIABILITY

 

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE COMPANY TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM OR CONNECTED IN ANY WAY WITH THE SERVICES, CONTRIBUTIONS, MATERIALS, CONTENT, COMMENTS, PRODUCTS, SERVICES, SOFTWARE, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THIS SERVICES OR ANY THIRD-PARTY WEBSITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES OR PURCHASE OF ANY PRODUCTS OR SERVICES, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50 IN THE AGGREGATE.

 

ANY PRODUCTS, SERVICES, COMMENTS AND CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL OTHER USE OF THE SERVICES, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

 

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

TO NEW JERSEY RESIDENTS, THE PROVISIONS OF THIS PARAGRAPH 9 ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY. 

 

WEBSITE IS PROVIDED “AS IS”

Use of the Website is on an “as is” and “as available” basis and is at your own risk.

We do not warrant or guarantee that the Website is accurate, correct, secure, reliable, timely, complete, adequate for any purpose or that it will remain uninterrupted or virus free. To the maximum extent permitted by the law, we are not liable for any error or omission in the information on the Website.

We may modify, discontinue, interrupt, suspend or limit the use of the Website at any time when we believe it is reasonably necessary to do so. To the maximum extent permitted by the law, we are not liable for any modification, discontinuance, interruption, suspension or other limitation of the Website.

Any material downloaded or otherwise obtained through the Website is done so at your own risk and discretion and we are not responsible in any way for any damage to your computer or network that may result.

 

WAIVER

The failure by us at any time to require any performance by you of a provision of these Terms shall not affect in any way our full right to require that performance subsequently.

The waiver by us of a breach of a provision shall not be deemed a waiver of all or part of that provision or any other provision or of our right to avail ourselves of that right subsequently.

Any waiver by us of a breach of these Terms must be in writing and signed by us, and shall be effective only to the extent specifically set out in that waiver.

 

FORCE MAJEURE

If the performance of our obligations under these Terms is prevented, restricted or affected by a force majeure event or any other event beyond our reasonable control (including but not limited to strike, lock out, raw material shortage, breakdown of plant, transport or equipment), we will not be liable for any loss or damage suffered by you or any third party.

 

INDEMNITY

You agree to defend, indemnify, and hold us harmless (including our related companies, licensors, and service providers, and our and their directors, officers, employees, agents and contractors) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or any use not authorized in these Terms.

  

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

 

All information we collect through our Services and Websites is subject to our Privacy Policy [LINK TO PRIVACY POLICY]. By using our Services and Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

 

PROHIBITED USES OF WEBSITE

 

You may use the Website, our products, and services, only for lawful purposes and in accordance with these Terms. You agree not to use the Website, services, or products:

 

·       In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

 

·       For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

 

·       To transmit, or procure the sending of, any advertising or promotional material including any "junk mail," "chain letter," "spam," or any other similar solicitation.

 

·       To impersonate or attempt to impersonate us, one of our employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

 

·       To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, services, and products, or which, as determined by us, may harm us or users of the Website, services, and products, or expose them to liability.

 

Additionally, you agree not to:

 

·       Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

 

·       Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

 

·       Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.

 

·       Use any device, software, or routine that interferes with the proper working of the Website.

 

·       Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

 

·       Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

 

·       Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

 

·       Otherwise attempt to interfere with the proper working of the Website, products and services.

 

 

 

ENTIRE AGREEMENT

These Terms and the Policies constitute the entire agreement between the parties as to its subject matter and supersedes and cancels all prior agreements, understandings and negotiations in connection with it and may only be altered in writing signed by all parties.

VIOLATION OF THESE TERMS

 

You agree that monetary damages may not provide a sufficient remedy to us for violations of these Terms, and you consent to injunctive or other equitable relief for such violations.

 

RETURNS

PLEASE CAREFULLY READ THROUGH ALL RETURN TERMS AS YOU ARE AGREEING TO THESE TERMS WHEN YOU MAKE A PURCHASE FROM OUR WEBSITE.

 

FINAL SALE/MARK DOWN SALE ITEMS

 

All sale items and items purchased during promotional periods are final sale and ineligible returns. An item is considered final sale where it is in the 'Sale' section and shows a permanently marked down price. 

 

 

DEFICIENT PRODUCT RETURNS

 

All Goods are thoroughly inspected to ensure they are in a sellable condition prior to being sent to the Customer. However, if the Customer discovers that a Good is faulty or damaged (“Deficient Product”), the Customer must notify us within a reasonable time frame. If we inspect the Goods and confirm that there is a fault, we will accept the return and provide you with an exchange, repair, credit note or refund (at your election) using your original payment method.  However, we reserve the right not to offer a credit note, exchange or refund where the goods have become of unacceptable quality a result of your misuse, damage or neglect.

 

If you believe an item you've purchased from us is a Deficient Product, contact us at zoe.zoecalifornia@outlook.com with (if applicable) images and other descriptions of the fault or deficiency.

Deficient Products can be returned within a reasonable timeframe (the length of which may depend on the circumstances) subject to proof of purchase (or where we have details of your purchase in our system).

Once you’ve submitted your return request, we will contact you with details of your return so that you can send your item(s) back to us. Deficient Product returns are usually processed within 2 business days of receipt and you’ll receive an email detailing your return once this has been done.

We will cover the packaging and postage costs associated with you returning a Deficient Product. However, you are liable for any delivery costs if we reasonably determine that returned product does not meet the criteria for being a Deficient Product.

 

 

CURRENCY CONVERSIONS
Currency conversions are estimates only and the total amount you are charged will depend on the exchange rate and processing fees your bank charges you. Your order total will display in USD or AUD at checkout (even where you are using our currency converter to view prices in your local currency) and all order confirmation emails and invoices will display USD or AUD. The conversion rate you are charged will be decided by your bank. While most exchange rate systems are very similar, we can’t guarantee the exchange rate we are using to display an approximate price to you on our site will be the same exchange rate that your bank uses when processing your transaction.   

 

INTERNATIONAL TAXES & DUTIES

You may be charged import duties and taxes by your local customs authority when your parcel is received into your country. Duty rates vary depending on the value of the goods, what they are made of and where they are made. Importantly, all countries have different rules regarding this so we are unable to tell you exactly what duties you may be required to pay as this is determined on import by local customs officials. As you may be required to pay duties or import tax, it is your responsibility to make yourself aware of the duties that apply in your country in case you are charged to avoid any surprises. We have highlighted some customs websites to refer to before purchasing below.

Please note, if you decide not to pay import taxes or duties and choose to reject the parcel, a restocking fee and any shipping and delivery costs will be deducted from your refund.

  

 HOW TO CONTACT US

If you have any queries or would like more information about these Terms or any of our Policies, contact our customer service team via zoe.zoecalifornia@outlook.com