Zore Terms and Conditions of Sale

 

1. Agreement Between You and ZORE Ltd. Welcome to www.zore.life. The following terms and conditions of sale are applicable to all sales of Zore products or services, and all quotations, purchase requests, order acknowledgements, and invoices from Zore Life Shaping Solutions Ltd. (“Zore” or “Seller”) to you as a Zore customer (“You/Your” or “Purchaser”). The below are the only terms and conditions applicable to the sale of Zore products or services. The acceptance of the below terms and conditions are required for You to purchase any Zore products and apply to any and all purchases by You from Zore. Zore hereby rejects any additional or different terms or conditions. Such additional or different terms and conditions shall be void and have no effect on Your purchase unless specifically agreed to by Zore in writing.

 

2. Electronic Communications. Visiting zore.life or sending emails to Zore constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that Zore provides to You electronically, via email and on its website, satisfy any and all legal requirements that such communications be in writing. These terms and conditions shall fully apply to all such communications.

 

3. Your Account. If You use Zore’s website, You are responsible for maintaining the confidentiality of your account and password and for restricting access to Your computer. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that Zore is not responsible for third party access to Your account that results from theft or misappropriation of Your account. Zore reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Zore does not knowingly collect, either online or offline, personal information from persons under the age of 18. If You are under 18, You may use www.zore.life only with permission of a parent or guardian.

 

4. Product Selection. Before entering an order with Zore, You must confirm that the lock is compatible with Your firearm. Your lock is only compatible with firearms on Zore Firearm Compatibility List posted on zore.life. The Firearm Compatibility List is subject to update by Zore without notice so please check the list before every use. Your lock should not be used with any non-compatible firearms You, alone, are responsible for knowing and confirming that Your firearm is compatible with the Zore lock. You agree that Zore shall not be responsible to refund the purchase price or accept the return of any lock on the basis of non-compatibility with Your firearm.

 

5. Prices are in U.S. Dollars and are subject to change without notice. Time of payment is of the essence. All orders are accepted subject to Seller’s price in effect at time of purchase.

 

6. Purchaser shall pay Seller, in addition to the purchase price, the amount of all fees, duties, licenses, tariffs, all sales, use, privilege, occupation, excise, or other taxes, federal, state, local or foreign, which Seller is required to pay or collect in connection with the products sold to Purchaser. Failure by the Seller to collect any such fees or taxes shall not affect Purchaser’s obligations hereunder and Purchaser shall fully defend, indemnify and hold harmless Seller with respect to such tax obligations.

 

7. Your order shall be paid for by credit card once the order has been validated and accepted by Zore. The credit cards accepted are Visa, Discover, MasterCard and American Express.  Zore also accepts Paypal. Your account shall be debited immediately after acceptance of these terms and conditions and the validation of Your order. You will receive a confirmation email when Your order is validated by Zore. You warrant that You have the authority and right to use the payment card and that You are fully authorized to pay for the order. Zore utilizes a secure payment method for all orders.  Zore shall not be liable for any fraudulent or improper use of Your means of payment.

 

8. Your order is placed subject to the availability of the Seller’s stocks. In case of shortage of supply, Zore shall inform You via email of any delay associated with Your order, any backorders, or partial delivery or cancellation of the order. Upon receipt of such information, You may accept any delay in delivery or seek reimbursement for the price of the unavailable ordered. Reimbursement shall be made in the same manner as payment was tendered by You. Zore shall not be held liable for any delay or cancellation of Your order.

 

9. Satisfaction Policy. Zore is committed to customer satisfaction and is pleased to provide a thirty (30) day satisfaction guarantee from the date You receive the product (“Satisfaction Guarantee Period”). If You are dissatisfied with Your purchase during the Satisfaction Guarantee Period, You may return Your order using Zore’s website platform. You will have to pay for the return shipment to Zore of any products retuned under Zore’s satisfaction guarantee policy, as well as five dollar ($5.00) handling fee..

 

All returns must contain all original packaging, as well as a full functional product. Zore reserves the right to reject any satisfaction guarantee return if it appears that the product was mishandled or mistreated by You or subject to abnormal or unexpected use. All such determinations by Zore are final and binding upon You. If Your satisfaction guarantee return is accepted and approved by Zore, you will receive a reimbursement of the price paid by You for the product, less any discounts, within thirty (30) days of such acceptance.

 

Upon expiration of the Satisfaction Guarantee Period, orders cannot be returned for a refund or a new item, except for valid warranty claims, without Zore’s express written consent.

 

10. Warranty Policy. All Zore products have a Limited Warranty to cover any manufacturer’s defects in material or workmanship under normal use during the Warranty Period of twenty-four (24) months from the date of Your purchase (“Warranty Period”). All warranty claims shall be instituted through Zore’s website platform. You will have to pay for the shipment to Zore for all products submitted under a warranty claim, as well as a twenty dollar ($20.00) per product diagnostic fee and the shipment back to you ($5,00). You will be contacted by Zore with the results of the diagnostic test. If Zore determines that the product presents a valid Limited Warranty claim, Your product shall be repaired or replaced by Zore, at its sole discretion, You will receive a sixty (60) day extension of this Limited Warranty, and Zore will reimburse reasonable shipment costs up to five dollars ($5.00) per item. Zore will also reimburse the diagnostic fee ($20,00), the shipment back fee ($5,00) and will ship back the repaired/replaced unit. Any such reimbursement shall be within forty-five (45) days of the warranty claim approval by Zore. Repair and/or replacement timing may vary. If Zore determines that the product is not covered by Zore’s Limited Warranty, You will have the option to pay for the repair. Zore charges a flat repair fee of one hundred and ten dollars ($69.00) per lock, which includes the twenty dollar ($20.00) per product diagnostic fee, for any repairs not covered Zore’s Limited Warranty. If You chose not to pay for the repair, You will not be reimbursed the previously paid diagnostic fee.

 

This Limited Warranty does not cover problems that are caused by conditions, malfunctions or damage not resulting from defects in material or workmanship of the products. The Limited Warranty is void if any modification or alteration is made to the original product or if the product is damaged through abnormal or unexpected use. Zore alone shall determine whether the use of the product causing damage is normal, and covered by the Limited Warranty, or abnormal, and not covered by the Limited Warranty. All such determinations by Zore are final and binding upon You. ZORE SHALL HAVE THE RIGHT EITHER TO REPLACE OR REPAIR ANY DEFECTIVE PRODUCTS, TO REFUND THE PURCHASE PRICE UPON RETURN OF THE PRODUCTS OR TO GRANT A REASONABLE ALLOWANCE ON ACCOUNT OF SUCH DEFECTS. ZORE’S LIABILITY, AND YOUR EXCLUSIVE REMEDY, FOR DEFECTIVE PRODUCTS SHALL BE LIMITED SOLELY TO REPLACEMENT, REPAIR, REFUND OR ALLOWANCE, AS ZORE MAY ELECT.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZORE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, OTHER THAN THOSE EXPRESSLY PROVIDED BY ZORE HEREIN, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT FOR SUCH A DISCLAIMER, ZORE AND/OR ITS SUPPLIERS HEREBY LIMIT ALL EXPRESS AND IMPLIED WARRANTIES TO TWENTY-FOUR (24) MONTHS FROM THE DATE OF YOUR PURCHASE.

 

11. Zore shall retain full ownership of it products until the complete payment of the sales price and incidental costs is received by Zore and the product has been received by You.

 

12. No Unlawful or Prohibited Use/Intellectual Property You are granted a non-exclusive, non-transferable, revocable license to access and use www.zore.life strictly in accordance with these terms of use. The use of Zore’s website or Zore’s products shall not confer any intellectual property or similar rights to You. All rights used or represented on the website shall remain Zore’s exclusive property and cannot be reproduced, disseminated, sold, marketed or used for other than personal purposes by the users, whether Customers or not, without the prior and written agreement of the Seller.

 

Access to Zore’s website is provided “as is” with no guarantee from Zore.  www.zore.life shall be used at Your own risk.  Zore does not warrant that its website is accurate, meets Your expectations, shall be uninterrupted and free from all errors, and/or shall be free of cookies and/or viruses.

 

As a condition of Your use of Zore’s website, You warrant that You will not use the website for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.

 

All content, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on www.zore.life, is/are the property of Zore or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on www.zore.life. Such content is not for resale. Your use of Zore’s website does not entitle You to make any unauthorized use of any protected content, and in particular, You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your personal use, and will make no other use of the content without the express written permission of Zore. You agree that You shall not, under any circumstances, acquire any ownership rights in any protected content on Zore’s website. Zore does not grant You any licenses, express or implied, to the intellectual property of Zore except as expressly authorized herein.

 

13. Compliance with Laws. You are solely responsible for knowing all federal, state and local laws, rules or regulations applicable in the state where You reside for any products purchased from Zore. Zore shall not be responsible, nor liable to You or any third-parties for Your unlawful purchase or possession of any Zore products. As a condition of purchase, You hereby confirm that You are of legal age to own all Zore products purchased and that your purchase or ownership of any such products is not in violation of any applicable laws, rules or regulations.

 

14. Indemnification You agree to indemnify, defend and hold Zore, and its officers, directors, employees, agents and third parties, harmless for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of Your use of or inability to use Zore’s website, Your violation of any terms herein, Your violation of any applicable laws, rules or regulations and/or Your misuse or improper use of the product. Zore reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Zore in asserting any available defenses.

 

15. You agree that any dispute, claim, or controversy between You and Zore arising out of Your purchase or use of Zore’s products, or these terms and conditions, where the amount in controversy is less than fifty thousand dollars ($50,000.00), shall be finally settled by binding arbitration under the Rules of Arbitration of the International Chamber of Commerce (“Rules”). The arbitral tribunal shall consist of one (1) arbitrator agreed upon by the You and Zore. If the Rules do not expressly provide for discovery, in the event of any arbitration, the parties desire to be able to conduct both written discovery and no more than three (3) depositions upon oral questioning per party. Any arbitration proceeding shall allow for such discovery and provide a reasonable amount of time for such discovery. The arbitral award shall be binding and enforceable against You and Zore regardless of whether either party is actively participating to the arbitration proceedings. The language of the arbitration shall be English and the seat of the arbitration shall be in New York, NY. All expenses in relation to the arbitration proceedings shall be equally divided by all parties. The parties agree that the arbitral award shall be final and binding and the award shall not be subject to appeal in any applicable jurisdiction. Such arbitral award may be enforced and executed in any court subject to the Governing Law and venue provisions of these terms and conditions. Nothing contained herein shall be deemed to limit the rights of the parties under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (New York Convention). These terms and conditions shall not be subject to the United Nations Convention on the International Sale of Goods.

 

 

16. Class Action Waiver. Subject to the Arbitration provisions herein, You agree that any claim, lawsuit or action that You may have will be brought on an individual basis. You also expressly agree not to bring or be part of any class or group actions or lawsuits. YOU AGREE THAT YOU MAY NOT BRING A CLAIM, ACTION OR LAWSUIT AS A CLASS PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING.

 

17. Liability disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH ZORE’S WEBSITE, OR PROVIDED TO YOU BY ZORE, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ZORE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

ZORE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE, OR PROVIDED TO YOU BY ZORE,  FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.

 

YOU HEREBY WARRANT THAT PRIOR TO USE OF THE ZORE PRODUCT, YOU WILL READ AND OBSERVE ANY AND ALL PRODUCT WARNINGS AND INSTRUCTIONS PROVIDED BY ZORE. YOU HEREBY WAIVE AND/OR RELEASE ANY AND ALL CLAIMS, DEMANDS AND/OR CAUSES OF ACTION, INCLUDING NEGLIGENCE CLAIMS AGAINST ZORE, IF AIRISNG FROM YOUR MISUSE OR IMPROPER USE OF THE PRODUCT AND/OR YOUR FAILURE TO READ OR ADHERE TO ANY PRODUCT WARNINGS AND INSTRUCTIONS PROVIDED BY ZORE

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZORE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, LOST PROFITS, COMMERCIAL LOSSES OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT BASED UPON SELLER’S NEGLIGENCE OR BREACH OF WARRANTY OR STRICT LIABILITY IN TORT OR ANY OTHER CAUSE OF ACTION. ZORE WILL NOT BE LIABLE TO PURCHASER FOR ANY LOSS, DAMAGE, OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE HANDLING, STORAGE, TRANSPORTATION, RESALE, OR USE OF ITS PRODUCTS, OR IN COMBINATION WITH OTHER SUBSTANCES, OR OTHERWISE. IN NO EVENT WILL ZORE’S LIABILITY UNDER THESE TERMS AND CONDITIONS OR IN CONNECTION WITH THE SALE OF PRODUCTS EXCEED THE PURCHASE PRICE OF THE SPECIFIC PRODUCTS OR SERVICES AS TO WHICH THE CLAIM IS MADE.

 

18. Limitation of Actions. NOTWITHSTANDING ANY CONTRARY STATUTE OF LIMITATIONS, ANY CAUSE OF ACTION AGAINST ZORE BY YOU, WHETHER OR NOT BASED UPON ZORE’S NEGLIGENCE OR BREACH OF WARRANTY OR STRICT LIABILITY IN TORT OR ANY OTHER CAUSE OF ACTION, SHALL BE BARRED UNLESS COMMENCED BY YOU WITHIN ONE (1) YEAR FROM THE ACCRUAL OF SUCH CAUSE OF ACTION.

 

19. Choice of Law and Venue. To the maximum extent permitted by law, these terms and conditions are governed by the laws of the State of New York and, subject to the Arbitration provisions herein, You hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site.

 

20. Force Majeure. Zore shall not be liable for failure to perform or delay in performance or delivery of any products or services due to (a) fires, floods, strikes, or other labor disputes, accidents, sabotage, terrorism, war, riots, acts of precedence or priorities granted at the request or for the benefit, directly or indirectly, of any federal, state or local government or any subdivision or agency thereof, delays in transportation or lack of transportation facilities, restrictions imposed by federal, state or local laws, rules or regulations, market shortage of necessary components; or (b) any other cause beyond the control of Seller. In the event of the occurrence of any of the foregoing, the time for performance shall be extended for such time as may be reasonably necessary to enable Seller to perform. Zore may, during any period of shortage due to any of the above circumstances, allocate its available supply of products or services among itself and its purchasers in such manner as Zore, in its judgment, deems fair and equitable.

 

21. Entire Agreement. These terms and conditions constitute the terms and conditions to the contract of sale and purchase between You and Zore with respect to the products covered by these terms and conditions, and supersedes any prior agreements, understandings, representations and quotations with respect thereto. No modification hereof shall be of any force or effect unless in writing and signed by the party claiming to be bound thereby.

 

22. No failure of Zore to insist upon strict compliance by You with these terms and conditions or to exercise any right accruing from any default by You. Waiver by Zore of any breach by You of these terms and conditions shall not be construed as a waiver of any other existing or future breach.

 

23. If any provision of this contract is, for any reason, held to be unenforceable, illegal or invalid in some other way, the unenforceable, illegal or invalid provision will not affect the remainder of this contract, which will continue in full force and effect.