Welcome to
Zamberg.com website (the "Site"). The Site, as well as the websites
of our affiliates and subsidiaries, are currently being provided free-of-charge
to you. The terms "you", "your", and "yours" refer to the customer/purchaser utilizing
our Site(s). The terms "Zamberg.com", "we", "us", and "our" refer to Zamberg.com
trademark, its affiliates, and subsidiaries. We reserve the right to change the
nature of this relationship at any time and to revise these Terms and Conditions
from time to time as we see fit. If you violate the terms of this Agreement you
will have your access canceled and you may be permanently banned from using the
Site and any interactive services. You should check these terms and conditions periodically.
By using the Site after we post changes to these Terms and Conditions, you agree
to accept those changes, whether or not you actually reviewed them. Entering the
Site will constitute your acceptance of these Terms and Conditions. If you do not
agree to abide by these terms, please do not enter the Site. We do not discriminate
on the basis of age, race, national origin, gender, sexual orientation or religion.
Privacy
Copyright
Intellectual Property
Infringement
Trademarks
Site Access
Your Account
Export
Sales Tax
Methods of Payment
Risk of Loss
Links
Hygiene and Use of Merchandise
Disclaimers and
Limitations of Liability
Online Conduct
Termination of Usage
Usage by Children Under 18
Applicable Law
Disputes
Returns and Exchanges
Gift Certificates
Site Policies,
Modification and Severability
PRIVACY
Please review our
Privacy and Security
Statement, which also governs your visit to the Site, to understand our
practices.
COPYRIGHT
You acknowledge that the Site contains information, data, software, photographs,
graphs, videos, typefaces, graphics, music, sounds, and other material (collectively
"Content") that are protected by copyrights, trademarks, trade secrets, or other
proprietary rights, and that these rights are valid and protected in all forms,
media and technologies existing now or hereinafter developed. All Content is copyrighted
as a collective work under the U.S. copyright laws, and we own a copyright in the
selection, coordination, arrangement, and enhancement of such Content. You may not
modify, remove, delete, augment, add to, publish, transmit, participate in the transfer
or sale of, create derivative works from, or in any way exploit any of the Content,
in whole or in part. You may not make copies of any Content, remove or edit any
copyright notices, trademark legends, or other proprietary rights notices, ownership
statements or emblems. Except as provided in the preceding sentence or as permitted
by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section
107), you may not upload, post, reproduce, or distribute in any way content protected
by copyright, or other proprietary right, without obtaining permission of the owner
of the copyright or other propriety right. Nothing contained on the Site should
be construed as granting, by implication, estoppel, or otherwise, any license or
right to use the Site or any information displayed on the Site, through the use
of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions;
or (b) with our prior written permission or the prior written permission from such
third party that may own the trademark or copyright of information displayed on
the Site. All content that is listed on the "Site" and is not protected by copyright
must be treated as Intellectual and Personal Property and you may not upload, copy,
post, reproduce, or distribute in any way such content without written permission
explicitly outlining and authorizing the extent of the usage.
INTELLECTUAL PROPERTY INFRINGEMENT
Zamberg.com relies upon a network of independent Associates and vendors who supply
some of the goods advertised on the site and, in some cases, drop ship them directly
to our customers. Zamberg.com is not liable for any infringement of copyrights,
trademarks, trade dress or other proprietary or intellectual property rights arising
out of Content posted on or transmitted through the Site, or items advertised on
the Site, by its Associates. If you believe that your rights under United States
or international copyright laws are being violated by any Content posted on or transmitted
through the Site, or items advertised on the Site, please contact us promptly so
that we may investigate the situation and, if appropriate, block or remove the offending
Content and/or advertisements. It is our policy that repeat infringers will have
their access to the Site terminated. In order for us to investigate your claim of
infringement, you must provide us with the following information: An electronic
or physical signature of the person authorized to act on behalf of the owner of
the copyright or other intellectual property interest; A description of the copyrighted
work or other intellectual property that you believe has been infringed; A description
of where the material that you claim is infringing is located or identified on the
Site; Your name, address, telephone number, and e-mail address; A statement by you
that you have a good faith belief that the disputed use is not authorized by the
copyright or intellectual property owner, its agent, or the law; and A statement
by you, made under penalty of perjury, that the information submitted to us is accurate
and that you are the owner of the copyright or intellectual property or authorized
to act on behalf of the owner of the copyright or intellectual property. The above
information should be provided to Zamberg.com's agent for notice of claims of copyright
or other intellectual property infringement, who can be reached as follows:
By mail:
Copyright Agent
c/o Zamberg Corp
50 Leanni Way
Ste E1
Palm Coast, FL 32137
By e-mail:
mail@zamberg.com
TRADEMARKS
Zamberg.com and other marks indicated on the Site are registered trademarks or registered
service marks of Zamberg.com, in the United States and other countries. Our graphics,
logos, page headers, button icons, scripts, and service names are trademarks or
trade dress of Zamberg.com . Zamberg.com's trademarks and trade dress may not be
used in connection with any product or service that is not Zamberg.com 's, in any
manner that is likely to cause confusion among customers, or in any manner that
disparages or discredits Zamberg.com. All other trademarks not owned by us that
appear on the Site are the property of their respective owners, who may or may not
be affiliated with, connected to, or sponsored by Zamberg.com.
SITE ACCESS
You may not download (other than page caching) or modify the Site or any portion
of it, without our expressed written consent. This includes: a prohibition on 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; any downloading or copying of account information for the benefit
of another merchant; or any use of data mining, robots, or similar data gathering
and extraction tools. The Site or any portion of the Site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial
purpose without our expressed written consent. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) Zamberg.com or its affiliates without our expressed
written consent. You may not use any meta tags or any other "hidden text" utilizing
our name or trademarks without our expressed written consent.
YOUR ACCOUNT
If you use the Site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you agree
to accept responsibility for all activities that occur under your account or password.
We and our affiliates reserve the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in our sole discretion.
EXPORT
The U.S. export control laws regulate the export and re-export of technology originating
in the United States. This includes the electronic transmission of information and
software to foreign countries and to certain foreign nationals. You agree to abide
by these laws and their regulations-including but not limited to the Export Administration
Act and the Arms Export Control Act and not to transfer, by electronic transmission
or otherwise, any Content derived from Zamberg.com to either a foreign national
or a foreign destination in violation of such laws.
SALES TAX
Since we are located in Florida, sales tax is only collected on orders shipped to
addresses in Florida. Customers are responsible to comply with any state taxes and
laws. If you need more information on the tax rules and regulations in your state,
please contact your local state tax division.
METHOD OF PAYMENT
For your convenience, we accept the following methods of payment:
Credit cards: Use your American Express, Visa, MasterCard, or Discover card.
PayPal: USA, UK, and Canada only. Shipping address must be a PayPal confirmed
address.
International Payment methods
RISK OF LOSS
All items purchased from us are made pursuant to a shipment contract. This means
that the risk of loss and title for such items pass to you upon our delivery to
the carrier.
LINKS
We are not responsible for the content of any sites that may be linked to or from
http://www.Zamberg.com or any bulletin board
associated with Zamberg.com. These links are provided for your convenience only
and you access them at your own risk. Any other website accessed from the Site are
independent from Zamberg.com, and Zamberg.com has no control over the content of
that other website. In addition, a link to any other web site does not imply that
Zamberg.com endorses or accepts any responsibility for the content or use of such
other website. In no event shall any reference to any third party or third party
product or service be construed as an approval or endorsement by Zamberg.com of
that third party or of any product or service provided by a third party.
HYGIENE AND USE OF MERCHANDISE
For your safety and well being we strongly recommend and urge you to sterilize all
of your instruments before and after each use and that all treatments are used according
to their individual descriptions, instructions and/or specifications. If you experience
any discomfort or injury please seek immediate assistance from your hygiene professional
or a physician. Please use all instruments and treatments responsibly and with caution.
The customer is solely responsible for proper and lawful use of the merchandise
sold as is prescribed by the laws and regulations of customer's local. Zamberg.com
or its associates are not responsible and will not be held liable for any discomfort,
injuries or damages resulting from any type of use of the merchandise sold.
Please note: States and countries have individual laws regulating the use of various
instruments and treatments. It is responsibility of the customer to be aware and
follow these regulations and laws. Zamberg.com or its associates will not be held
responsible for customer's failure of following these laws and regulations.
For more details please review our Disclaimer and Limitations of Liability.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The Site is provided on an "AS IS," "as available" basis. Neither Zamberg.com, nor
its affiliates, subsidiaries, or designees, nor each of their respective officers,
directors, employees, agents, third-party content providers, designers, contractors,
distributors, merchants, sponsors, licensors or the like (collectively, "Associates")
warrant that use of the Site will be uninterrupted or error-free. Neither Zamberg.com
, nor its Associates warrant the accuracy, integrity, or completeness of the Content
provided on the Site or the products or services offered for sale on the Site. Further,
we make no representation that Content provided on the Site is applicable or appropriate
for use in locations outside of the United States. Zamberg.com specifically disclaims
warranties of any kind, either expressed or implied, including but not limited to
warranties of title or implied warranties of merchantability or fitness for a particular
purpose. No oral advice or written information given by Zamberg.com or its Associates
shall create a warranty. You expressly agree that the use of the Site is at your
sole risk. Under no circumstances shall Zamberg.com or its Associates be liable
for any direct, indirect, incidental, special, or consequential damages that result
from the use of or inability to use the Site, including but not limited to reliance
by a user on any information obtained at the Site, or that result from mistakes,
omissions, interruptions, deletion of files or e-mail, errors, defects, viruses,
delays in operation or transmission, or any failure of performance, whether or not
resulting from acts of God, communications failure, theft, destruction or unauthorized
access to Zamberg.com records, programs or services. The foregoing limitation of
liability shall apply whether in an action of contract, negligence, or other tortious
action, even if an authorized representative of Zamberg.com has been advised of
or should have knowledge of the possibility of such damages. You hereby acknowledge
that this paragraph shall apply to all content, merchandise and services available
through the Site. Because some states do not allow the exclusion or limitation of
liability for consequential or incidental damages, in such states liability is limited
to the fullest extent permitted by law. Prices and availability of products on the
Site are subject to change without notice. Errors will be corrected when discovered,
and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies,
or omissions (including after an order has been submitted). Although we take steps
to ensure the accuracy and completeness of product and third-party services that
are posted on the Site, please refer to the manufacturer or Associates for details.
ONLINE CONDUCT
You agree to use Zamberg.com only for lawful purposes. You are prohibited from posting
on or transmitting through Zamberg.com any unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially,
ethnically, or otherwise objectionable material of any kind, including but not limited
to any material that encourages conduct that would constitute a criminal offense,
give rise to civil liability, or otherwise violate any applicable local, state,
national, or international law. If we are notified of allegedly infringing, defamatory,
damaging, illegal, or offensive Content provided by you (e.g., through an author
chat or online review), Zamberg.com may investigate the allegation and determine
in its sole discretion whether to remove or request the removal of such Content
from the Site. We may disclose any Content or electronic communication of any kind
(i) to satisfy any law, regulation, or government request; (ii) if such disclosure
is necessary or appropriate to operate Zamberg.com ; or (iii) to protect the rights
or property of Zamberg.com , its Associates, and you. We reserve the right to prohibit
conduct, communication, or Content that it deems in its sole discretion to be unlawful
or harmful to you, Zamberg.com , the communities that make up Zamberg.com , or any
rights of Zamberg.com or any third party. Notwithstanding the foregoing, neither
Zamberg.com nor its Associates can ensure prompt removal of questionable Content
after online posting. Accordingly, neither Zamberg.com, nor its affiliates, nor
any of their officers, directors, employees, or agents, nor Associates assumes any
liability for any action or inaction with respect to conduct, communication, or
Content on Zamberg.com .
TERMINATION OF USAGE
We may terminate your access or suspend your right to access to all or part of the
Site, without notice, for any conduct that we, in our sole discretion, believe is
in violation of any applicable law or is harmful to the interests of another user,
Associates, or Zamberg.com.
USAGE BY CHILDREN UNDER 18
We cannot prohibit minors from visiting the Site. We must rely on parents, guardians
and those responsible for supervising children under 18 to decide which materials
are appropriate for such children to view and/or purchase. We require that all purchases
be made either (i) by individuals 18 years of age or older, or (ii) give verifiable
permission for such minors to purchase items on the Site and for the collection
by us of certain information in accordance with the terms of our privacy policy.
EACH TIME YOU PURCHASE A PRODUCT AT Zamberg.com , YOU ARE REPRESENTING TO Zamberg.com
THAT YOU ARE EITHER AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, AND FOR THE COLLECTION
BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.
APPLICABLE LAW
By visiting the Site, you agree that the laws of the State of Florida, without regard
to principles of conflict of laws, will govern these Terms and Conditions and any
dispute of any sort that might arise between you and Zamberg.com or its affiliates
and subsidiaries.
DISPUTES
Any dispute relating in any way to your visit to the Site or to products you purchase
through the Site shall be submitted to confidential arbitration in Palm Coast, Florida,
except that, to the extent you have in any manner violated or threatened to violate
Zamberg.com's intellectual property rights, Zamberg.com may seek injunctive or other
appropriate relief in any state or federal court in the State of Florida, and you
consent to exclusive jurisdiction and venue in such courts. Arbitration under this
Agreement shall be conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be entered as a judgment
in any court of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class arbitration proceedings
or otherwise.
RETURNS AND EXCHANGES
If for any reason you are not completely satisfied with our products or services,
you can return it to us for refund within the following conditions. Your return
must be in the same condition and packaging as you received it and the order must
be returned within 90 days since the day the order was placed. We will refund the
amount of your purchase, minus the amount actually paid for shipping. If your purchase
received the promotional free shipping in case of a return the cost of actual shipping
will be withheld from the returned amount. You are responsible for any shipping
and handling charges you might incur.
Please note that items showing signs of wear or damaged in any way, other than manufacturing
defects, cannot be accepted for return. Returns without the Zamberg.com Return Authorization
code as well as packages that are not properly packaged or uninsured will not be
accepted.
- All returns must be in same condition and original packaging, with all tags in place.
Any items returned in used condition will be sent back at the customer's expense or discarded.
- The order must be returned within 90 days since the day the order was placed.
- Upon review of the returned merchandise we will refund the amount of your purchase.
- The amount of actual shipping and/or gift-wrap charges is non-refundable. In case
of an exchange or return normal shipping charges will apply. If your purchase received
the promotional free shipping in case of a return these charges will be withheld
from the refunded amount.
- Clearance items are final.
-
Please allow 2 weeks for processing Refunds/Exchanges.
For instructions and details please read our
90 Day Returns Policy.
If you have any further questions, please email us at
mail@zamberg.com.
GIFT CERTIFICATES
Gift certificates must be redeemed through the Web site toward the purchase of products listed in the Zamberg online catalog. A gift certificate is valid for a limited time only and expires on the date specified in the certificate. Gift certificates are not redeemable for cash and cannot be returned for a cash refund. If a gift certificate is used to purchase one or more products with the total price lower than the value of the gift certificate, the unused balance will be placed in the recipient�s gift certificate account and will not transferable. If a gift certificate is used to purchase one or more products with the total price higher than the value of the gift certificate, the balance due on an order must be paid by one of the acceptable payment methods. Users of fraudulently obtained gift certificates will have their accounts closed. Zamberg is not responsible for lost or stolen gift certificates. Gift certificates may not be purchased or redeemed for international orders.
SITE POLICIES, MODIFICATION AND SEVERABILITY
Please review our other policies, such as our Privacy and Security Policy, posted
on the Site. These policies also govern your visit to Zamberg.com. We reserve the
right to make changes to the Site, policies, and these Terms and Conditions at any
time. If any of these conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall not affect the
validity and enforceability of any remaining condition.
Zamberg Corp
If you have questions or concerns regarding this statement, you should first contact
our customer service department by email at
mail@zamberg.com.