Terms & Conditions

Terms and Conditions
Last Updated: 25/09/2024
Welcome to Zealith
These Terms and Conditions (“Terms”) govern your use of the website Zealith.com (the “Site”) and any related services provided by Zealith (“we,” “us,” or “our”), a company registered in New Mexico, United States. By accessing or using our Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use our Site or services.

Definitions
Account Registration
Products and Pricing
Orders and Payments
Shipping and Delivery
Returns and Refunds
Intellectual Property
User Content
Prohibited Activities
Privacy and Data Protection
Disclaimer of Warranties
Limitation of Liability
Indemnification
Governing Law and Dispute Resolution
Changes to These Terms
Termination
Severability
Entire Agreement
Contact Information
Additional Policies
Google Merchant Center Compliance
WooCommerce Integration

1. Definitions

“Content” refers to all materials on the Site, including text, images, audio, video, and interactive features.
“User Content” means any content submitted by users, including product reviews and comments.
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress, and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

2. Account Registration

2.1. To access certain features of our Site, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.2. You are responsible for maintaining the confidentiality of your account credentials and for any activities or actions under your account. Notify us immediately at [email protected] of any unauthorized use of your account.

2.3. We reserve the right to refuse registration of, or cancel, accounts that we deem inappropriate.

3. Products and Pricing

3.1. Product Information: We strive to provide accurate product descriptions, images, and pricing information for our outdoor and garden furniture. However, we do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. In the event of any discrepancy, we reserve the right to cancel or refuse any orders placed for the product listed at the incorrect price.

3.2. Pricing: All prices are listed in US dollars and are subject to change without notice. Prices are valid only for products purchased through our Site. We reserve the right to modify or discontinue any product without prior notice.

3.3. Availability: We make every effort to maintain a sufficient inventory of our outdoor and garden furniture. However, product availability is not guaranteed. We reserve the right to limit the quantities of any products that you order.

3.4. Product Safety: Our outdoor and garden furniture are designed for specific outdoor purposes. Always follow the provided instructions and safety guidelines.

4. Orders and Payments

4.1. Order Acceptance: Your order is an offer to buy our product(s). We reserve the right to accept or decline your order for any reason, including but not limited to product availability, errors in product or pricing information, or problems identified by our credit and fraud avoidance department.

4.2. Payment Methods: We accept Visa, MasterCard, American Express, and PayPal. By submitting an order, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your order (including taxes, shipping, and handling) to that payment method.

4.3. Payment Processing: The payment details you provide will be encrypted to ensure your security. By completing your purchase, you agree to pay the specified amount. Your card will be charged when you place your order.

4.4. Taxes: We do not charge any sales tax on orders. We comply with all applicable tax laws in New Mexico, where we are registered.

4.5. Order Confirmation: After placing an order, you will receive an order confirmation email. This email is the acknowledgment that we have received your order and does not confirm acceptance of your order.

5. Shipping and Delivery

5.1. Shipping Methods: We offer free shipping for our outdoor and garden furniture. Shipping methods may vary based on your location and the products ordered.

5.2. Delivery Times: Orders typically take 2-3 business days to process, and delivery usually takes 4-7 business days once shipped.

5.3. International Shipping: At this time, we only ship within the United States. We do not offer international shipping.

5.4. Tracking: Once your order has shipped, you will receive a shipping confirmation email with tracking information, where applicable.

5.5. Risk of Loss: The risk of loss and title for items purchased from our Site pass to you upon our delivery to the carrier.

6. Returns and Refunds

6.1. Return Policy: We offer a 30-day return policy for most items. To be eligible for a return, your item must be unused, in the same condition that you received it, and in its original packaging. We do not charge any return shipping fees, and there are no restocking fees.

6.2. Return Process: To initiate a return, please email [email protected] with your order number and reason for return. We will provide you with return instructions and a return shipping label if applicable.

6.3. Refund Process: Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. If approved, your refund will be processed, and a credit will automatically be applied to your original method of payment within 5-10 business days.

6.4. Refund Exceptions: Original shipping charges are non-refundable. If you received free shipping on your original order, the standard shipping cost will be deducted from your refund.

6.5. Damaged or Defective Items: If you receive a damaged or defective item, please contact us at [email protected] within 48 hours of receipt. We will arrange for a return or replacement at our expense.

7. Intellectual Property

7.1. Ownership: The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by zealith, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2. Limited License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal, non-commercial use. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.

7.3. Trademarks: The zealith name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of zealith or its affiliates or licensors. You must not use such marks without our prior written permission.

8. User Content

8.1. User Reviews: By posting reviews, comments, or other content on our Site, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

8.2. Representation and Warranty: You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and all of our respective licensees, successors, and assigns.

9. Prohibited Activities

You agree not to engage in any often following prohibited activities:

Violating any applicable laws or regulations.
Interfering with or disrupting the Site or servers or networks connected to the Site.
Using any automated system or software to extract data from the Site.
Impersonating another person or entity or falsely stating or misrepresenting your affiliation with any person or entity.
Transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.

10. Privacy and Data Protection

Your use of the Site is also governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your information.

11. Disclaimer of Warranties

The Site and all content and products provided through the Site are provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, regarding the operation or availability of the Site or the accuracy, completeness, or reliability of any content or product provided through the Site.

12. Limitation of Liability

To the fullest extent permitted by applicable law, zealith and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Site or any content or product provided through the Site, (b) any unauthorized access to or use of our servers and/or any personal information stored therein, or (c) any errors or omissions in any content or product provided through the Site.

13. Indemnification

You agree to indemnify, defend, and hold harmless zealith and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Site or any content or product provided through the Site, (b) your violation of these Terms or any applicable laws or regulations, or (c) any User Content you submit.

14. Governing Law and Dispute Resolution

14.1. Governing Law: These Terms and any disputes related to them shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of law principles.

14.2. Dispute Resolution: Any disputes arising out of or related to these Terms or your use of the Site shall be resolved through binding arbitration in Albuquerque, New Mexico, in accordance with the rules of the American Arbitration Association. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

15. Changes to These Terms

We reserve the right to update or modify these Terms at any time. We will post any changes to these Terms on this page and update the “Last Updated” date at the top of the page. Your continued use of the Site after any changes to these Terms constitutes your acceptance of the new Terms.

16. Termination

We reserve the right to terminate or suspend your account and access to the Site at our sole discretion, without notice, for any reason, including but not limited to your violation of these Terms.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

18. Entire Agreement

These Terms constitute the entire agreement between you and zealith regarding your use of the Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the Site.

19. Contact Information

For any questions about these Terms, please contact us at:
Business Name: ZEALITH LLC
Company No: 7851502
Email: [email protected]
Phone: +1 (575) 505-5874
Hours: Monday to Friday, 9 AM to 5 PM EST
Address: 5110 CENTRAL AVE SE , ALBUQUERQUE, NM 87108, USA

20. Additional Policies

For more information on our policies, please refer to the following pages:
Contact Us
About Us
Order Tracking
Privacy Policy
Terms & Conditions
Shipping Policy
Return and Refund Policy
Payment Methods
Disclaimer
Cookies Policy

21. Google Merchant Center Compliance

All products listed on our Site comply with Google Merchant Center policies, including accurate descriptions, correct pricing, and relevant shipping information.

22. WooCommerce Integration

Our Site is integrated with WooCommerce for managing orders and inventory. Any issues related to WooCommerce functionality should be directed to [email protected].