Terms of service

Terms of Use

OVERVIEW

Welcome to ZEPHYR.

The terms “we”, “us” and “our” refer to ZEPHYR, a store operated by Dec Partenaire International - F.Z.E, a company registered in Ajman Free Zone under Commercial License No. 47931.

ZEPHYR operates this store and website, including all information, content, features, tools, products and related services, in order to provide you, as a customer, with a personalized shopping experience, hereinafter referred to as the “Services”.

ZEPHYR uses the Shopify platform, which enables us to provide you with the Services.

The following terms and conditions, together with the policies referenced herein, are referred to as the “Terms of Use” or “Terms”.

Please read these Terms of Use carefully, as they contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, you must not use or access our Services.

ARTICLE 1 - ACCESS AND ACCOUNT

By accepting these Terms of Use, you represent that you have reached the legal age of majority in your country, state or province of residence.

To use the Services, including to access, browse or purchase products or services from our online stores, you may be required to provide certain information, such as your email address, billing information, payment information and shipping information.

You represent and warrant that all information you provide through our stores is accurate, current and complete, and that you have all necessary rights to provide such information.

You are solely responsible for the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign or license your account to another person.

ARTICLE 2 - OUR PRODUCTS

We have made every effort to accurately present our products and services in our online stores.

However, please note that colors, dimensions, finishes or the appearance of products may differ slightly from what is displayed on your screen due to the type of device used, its display settings or configuration.

We do not guarantee that the exact appearance or perceived quality of products or services purchased will perfectly correspond to what is displayed in our online stores.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region or jurisdiction on a case-by-case basis.

ARTICLE 3 - ORDERS

When you place an order, you are making an offer to purchase.

ZEPHYR reserves the right to accept or reject your order for any reason, at its discretion.

Your order is considered accepted only after written confirmation from ZEPHYR, generally by email.

We must receive and process your payment before your order is validated. Please carefully review your order before submitting it, as ZEPHYR may not be able to accommodate cancellation requests once the order has been confirmed.

If your order is rejected, modified or cancelled, we will attempt to contact you using the email address, billing address and/or telephone number provided when placing the order.

Your purchases are subject to the return or exchange terms set out in our Return and Refund Policy.

You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

ARTICLE 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice.

The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in your order confirmation email.

Unless expressly stated otherwise, displayed prices may not include applicable taxes, shipping costs, handling fees, customs duties or import charges.

Prices displayed in our online stores may differ from those offered on other third-party online platforms.

We may offer promotions on our Services from time to time. Such promotions may be subject to specific terms that differ from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.

You agree to provide complete, accurate and current purchase, payment and account information for all purchases made through our stores.

You agree to promptly update your information, including your email address, payment information and contact details, so that we can complete your transactions and contact you when necessary.

You represent and warrant that:

  1. The payment information you provide is accurate, correct and complete.

  2. You are authorized to use the selected payment method.

  3. The charges incurred will be honored by the relevant financial institution or payment provider.

  4. You will pay all charges incurred at the displayed prices, including shipping, handling and applicable taxes.

ARTICLE 5 - SHIPPING AND DELIVERY

We make every effort to process and ship orders as quickly as possible.

However, we cannot be held responsible for shipping or delivery delays. All delivery times provided are estimates and are not guaranteed.

We are not responsible for delays caused by carriers, customs procedures, strikes, periods of high demand, incorrect addresses or any event beyond our reasonable control.

Once products are handed over to the carrier, the risk of loss or damage may transfer to you, to the extent permitted by applicable law.

You are responsible for verifying the accuracy of your shipping address before completing your order. We are not responsible for orders that cannot be delivered due to an incorrect, incomplete or insufficient address provided by the customer.

ARTICLE 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, text, images, graphics, logos, icons, photographs, videos, audio content, product descriptions, reviews, designs, layouts and visual elements, are owned by ZEPHYR, its partners, suppliers or licensors.

They are protected by applicable intellectual property laws.

These Terms authorize you to use the Services solely for personal and non-commercial purposes.

You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store or transmit any content available through the Services without our prior written consent.

Except as expressly provided in these Terms, nothing shall be construed as granting you any license or right to any trademark, copyright or other intellectual property right belonging to ZEPHYR, Shopify or any third party.

ZEPHYR names, logos, product names, designs and slogans are distinctive elements belonging to ZEPHYR or its respective rights holders. You may not use them without prior written authorization.

The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product names, designs and slogans appearing on the Services are trademarks of their respective owners.

ARTICLE 7 - OPTIONAL TOOLS

You may have access to third-party tools as part of the Services, which we do not monitor and over which we have no control.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind.

We shall not be liable for any claims arising from or related to your use of optional third-party tools.

Your use of optional tools offered through the website is entirely at your own risk. It is your responsibility to review and accept the terms applicable to such tools as established by the relevant third-party providers.

We may also introduce new features through the Services in the future. Such new features shall be considered part of the Services and shall be subject to these Terms of Use.

ARTICLE 8 - THIRD-PARTY LINKS

The Services may contain hyperlinks to websites, platforms or services operated by third parties.

We are not responsible for reviewing, evaluating, monitoring or verifying the content, accuracy, availability or security of third-party websites that you choose to access.

If you decide to leave the Services to access third-party websites, you do so at your own risk.

We disclaim all liability for any harm or damage related to your access to third-party websites or to the purchase or use of products, services, resources or content available on such websites.

We encourage you to carefully review the policies, terms and practices of third parties before entering into any transaction. Claims, complaints or questions concerning third-party products and services should be addressed directly to the relevant third party.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY

ZEPHYR is powered by Shopify, which enables us to provide you with the Services.

However, any sale or purchase made through our store is conducted directly with ZEPHYR.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and ZEPHYR, including any damage, harm or loss resulting from products or services purchased.

You expressly release Shopify and its affiliates from any claims, damages and liabilities arising from or related to your purchase and transaction with ZEPHYR.

ARTICLE 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

Certain personal information may also be subject to Shopify’s Privacy Policy.

By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information concerning your access to and use of the Services in order to provide and improve them.

Information you submit through the Services may be transmitted to and shared with Shopify, as well as third parties that may be located in countries other than your country of residence, in order to provide the Services.

ARTICLE 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content, collectively referred to as “Feedback”, you grant us a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial purposes, to the extent permitted by applicable law.

For example, we may use such Feedback to operate, provide, evaluate, improve and promote the Services.

You represent and warrant that:

  1. You own or have all necessary rights to the Feedback.

  2. Your Feedback does not infringe the rights of any third party.

  3. Your Feedback does not contain illegal, abusive, defamatory, obscene, misleading or malicious content.

  4. Your Feedback does not contain any computer virus or malicious software.

We are not obligated to maintain the confidentiality of your Feedback, provide compensation or respond to your Feedback.

We may, but are not obligated to, monitor, edit or remove any Feedback that we determine to be illegal, offensive, threatening, defamatory, obscene or otherwise objectionable.

You are solely responsible for your Feedback and its accuracy.

ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS

The Services may occasionally contain information with typographical errors, inaccuracies or omissions, particularly regarding product descriptions, prices, promotions, offers, shipping costs, delivery times or product availability.

We reserve the right to correct any error, inaccuracy or omission, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after your order has been submitted.

ARTICLE 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You are strictly prohibited from accessing or using the Services, directly or indirectly:

  1. For unlawful, fraudulent or malicious purposes.

  2. In violation of any applicable law, rule or regulation.

  3. In a manner that infringes the intellectual property rights of ZEPHYR, Shopify or any third party.

  4. To harass, abuse, insult, harm, defame, slander, disparage, intimidate or otherwise cause harm to others.

  5. To transmit false or misleading information.

  6. To send spam, chain letters, unsolicited mail or other unauthorized solicitations.

  7. To impersonate any person or entity.

  8. To upload or transmit viruses, malware or other harmful code.

  9. To collect or track the personal information of others without authorization.

  10. To reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services without authorization.

  11. To interfere with the security features of the Services.

  12. To use bots, scraping tools, automated tools or artificial intelligence systems to extract, copy or exploit website content without authorization.

We reserve the right to suspend, disable or terminate your account at any time and without notice if we determine that you have violated any provision of these Terms.

ARTICLE 14 - AUTOMATED AGENTS

This section applies if you use, authorize or deploy an automated agent, robot, software, autonomous or semi-autonomous service, collectively referred to as an “Agent”, to access, use or interact with the Services.

No Agent may access, use or interact with the Services without clearly identifying itself as such and complying with these Terms.

We may limit, block or control Agent access to the Services, including through technical measures.

Agents must:

  1. Clearly indicate their automated nature in their requests.

  2. Not conceal their identity or imitate human behavior.

  3. Not bypass CAPTCHAs or security measures.

  4. Respond honestly to requests intended to determine whether the interaction originates from a human or an automated system.

  5. Not circumvent technical restrictions implemented on the Services.

ARTICLE 15 - TERMINATION

We reserve the right to terminate this agreement or your access to the Services, or any part thereof, at our sole discretion, at any time and without notice.

You remain responsible for all amounts owed up to and including the date of termination.

The following sections shall remain in effect after termination: intellectual property, feedback, termination, disclaimer of warranties, limitation of liability, indemnification, severability, waiver, entire agreement, assignment, governing law, privacy policy and any other provision that by its nature should survive termination.

ARTICLE 16 - DISCLAIMER OF WARRANTIES

The information provided on or through the Services is made available for informational purposes only.

We do not guarantee the accuracy, completeness or usefulness of such information. Any reliance you place on such information is strictly at your own risk.

Unless expressly stated otherwise by us, the Services and all products offered through them are provided “as is” and “as available”, without any warranties, representations or conditions of any kind, express or implied, including implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

Some jurisdictions limit or do not permit the exclusion of certain warranties, so this disclaimer may not fully apply to you.

ARTICLE 17 - LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, ZEPHYR, Dec Partenaire International - F.Z.E, our partners, officers, directors, employees, affiliates, agents, contractors, service providers or licensors, as well as Shopify and its affiliates, shall not be liable for any damage, loss, claim or injury of any kind, whether direct, indirect, incidental, special, exemplary or consequential.

This includes, without limitation, loss of profits, revenue, savings, data, replacement costs or any similar loss, whether based on contract, tort, negligence, strict liability or otherwise.

This limitation applies to any claim related to your use of the Services or any product obtained through the Services, including any error or omission in any content, or any loss or damage incurred as a result of using the Services or any content or product published, transmitted or otherwise made available through the Services.

Some jurisdictions do not permit limitations of liability for certain damages. In such cases, our liability shall be limited to the maximum extent permitted by applicable law.

ARTICLE 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless ZEPHYR, Dec Partenaire International - F.Z.E, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any loss, damage, liability or claim, including reasonable attorneys’ fees, arising from:

  1. Your breach of these Terms of Use.

  2. Your violation of any law or third-party rights.

  3. Your access to or use of the Services.

  4. Any information or content you provide through the Services.

We will notify you of any claim covered by this indemnification obligation where reasonably possible. You agree to cooperate in the defense of relevant claims, including by providing necessary documents and information.

ARTICLE 19 - SEVERABILITY

If any provision of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall remain enforceable to the maximum extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms of Use. Such determination shall not affect the validity or enforceability of the remaining provisions.

ARTICLE 20 - WAIVER; ENTIRE AGREEMENT

Failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use, together with any policies or rules posted by us on this website or relating to the Services, constitute the entire agreement between you and us.

They govern your use of the Services and supersede all prior or contemporaneous agreements, communications or proposals, whether oral or written.

Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.

ARTICLE 21 - ASSIGNMENT

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent.

Any unauthorized attempt to assign these Terms shall be null and void.

We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice, to the extent permitted by applicable law.

ARTICLE 22 - GOVERNING LAW

These Terms of Use, together with any separate agreement under which we provide you with the Services, shall be governed by and construed in accordance with the laws applicable in the jurisdiction of the registered office of the company operating the store, namely Ajman, United Arab Emirates, except where mandatory consumer protection laws provide otherwise.

You and ZEPHYR agree that the competent courts of this jurisdiction may have jurisdiction over any dispute relating to these Terms, subject to any mandatory rights you may have as a consumer in your country of residence.

ARTICLE 23 - HEADINGS

The headings used in this agreement are provided for convenience only and shall not affect or limit the interpretation of these Terms.

ARTICLE 24 - CHANGES TO THE TERMS OF USE

You can review the most current version of the Terms of Use at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting updates and changes on our website.

It is your responsibility to check our website periodically for changes.

We will notify you of any material changes to these Terms in accordance with applicable law.

Your continued use of or access to the Services after changes to these Terms have been posted constitutes acceptance of those changes.

ARTICLE 25 - CONTACT INFORMATION

For any questions regarding these Terms of Use, you may contact us at:

zephyrpurewellness@gmail.com

Our contact details are:

Commercial Name: ZEPHYR
Operating Company: Dec Partenaire International - F.Z.E
Legal Form: Free Zone Establishment - Limited Liability
Commercial License: 47931
Address: Office - C1 - 1F - SF6708, Ajman Free Zone C1 Building, Ajman Free Zone, Ajman, United Arab Emirates
Email: zephyrpurewellness@gmail.com
VAT Number: Not applicable / Not provided