Effective March 27,2025
Welcome to Zooly Designs! These Terms and Conditions(“Terms”) govern your access to and use of the website zoolydesigns.com (“Website”), operated by Zooly Designs, and all related services offered through the Website. By accessing or using our Website, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our Website.
We may update these Terms from time to time, and we encourage you to review them periodically.
Use of the Website
- Eligibility: To use our Website, you must be at least 18 years old or have the consent of a parent or guardian.
- Account Creation: To make purchases or use certain features of the Website, you may be required to create an account. You agree to provide accurate, current, and complete information when creating an account and to update your information as needed.
- Account Security: You are responsible for maintaining the confidentiality of your account login credentials, including your username and password. You agree to notify us immediately of any unauthorized access or use of your account.
Product Information and Availability
- Product Descriptions: We strive to provide accurate and detailed product descriptions. However, we do not warrant that product descriptions, images, or other content on the Website are accurate, complete, reliable, or error-free.
- Product Availability: All products on the Website are subject to availability. We reserve the right to limit the quantity of products available for sale or to discontinue products at any time.
Ordering and Payment
- Order Process: When you place an order on our Website, you are offering to purchase the selected products under the terms of these Terms and Conditions. We will send you an order confirmation via email, but this does not constitute acceptance of your order. Acceptance of your order will occur once we ship the products.
- Pricing and Payments: All prices on the Website are listed in USD and are subject to change without notice. Payment is due at the time of order. We accept payment through various payment methods, including credit/debit cards and other methods as specified on the Website.
- Taxes: Applicable sales tax will be added to your order based on the shipping address and the current tax rate in your jurisdiction.
Shipping and Delivery
- Shipping Policy: We offer standard ground shipping, and the costs and delivery time will be provided during the checkout process. We aim to ship orders within 2-3 business days but are not responsible for delays caused by third-party shipping carriers.
- Delivery: Delivery times may vary based on the destination and shipping method chosen. Please note that shipping delays due to weather, holidays, or other circumstances beyond our control may occur.
- Risk of Loss: Title and risk of loss for products purchased on the Website pass to you when the products are delivered to the carrier.
Returns and Refunds
- Return Policy: We accept returns for eligible products within 30 days of delivery. Products must be unused, in original condition, and with original packaging. Certain products may be non-returnable, such as customized items.
- Refunds: Refunds will be issued to the original payment method once the returned items are received and inspected. Shipping charges are non-refundable, and return shipping costs are the responsibility of the customer unless the return is due to our error.
User Content and Reviews
- User-Generated Content: By submitting reviews, comments, or other content to the Website, you grant us a non-exclusive, royalty-free, worldwide license to use, modify, publish, and distribute that content for any purpose.
- Prohibited Content: You agree not to submit or upload any content that is unlawful, offensive, defamatory, or infringes upon the rights of any third party.
Privacy
By using our Website, you agree to the collection, use, and sharing of your personal data as described in our Privacy Policy, which is incorporated by reference into these Terms.
Intellectual Property
- Copyrights and Trademarks: All content on the Website, including text, images, logos, graphics, and trademarks, is owned by Zooly Designs or its licensors and is protected by intellectual property laws. You may not copy, distribute, or use any of our content without prior written permission.
- Limited License: You are granted a limited, non-exclusive, and non-transferable license to access and use the Website for personal, non-commercial purposes in accordance with these Terms.
Prohibited Activities
You agree not to engage in any of the following prohibited activities while using our Website:
- Violating any applicable laws or regulations
- Attempting to access unauthorized areas of the Website or interfere with its functionality
- Engaging in fraudulent activities or providing false information
- Using the Website for any commercial or illegal purposes not permitted under these Terms
Limitation of Liability
- No Warranty: Our Website and services are provided "as is" and "as available" without any warranty of any kind, either express or implied. We do not warrant that the Website will be error-free, secure, or free of viruses or other harmful components.
- Limitation of Liability: To the fullest extent permitted by law, Zooly Designs will not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of the Website or your inability to use the Website, even if we have been advised of the possibility of such damages.
Indemnification
You agree to indemnify, defend, and hold harmless Zooly Designs, its affiliates, employees, and agents from any claims, liabilities, damages, losses, or expenses (including attorney fees) arising from your use of the Website, violation of these Terms, or infringement of any third-party rights.
Governing Law and Dispute Resolution
- Governing Law: These Terms are governed by and construed in accordance with the laws of Tennessee without regard to its conflict of law principles.
- Dispute Resolution: Any disputes arising out of or relating to these Terms or your use of the Website shall be resolved through binding arbitration in Tennessee or through small claims court, as applicable.
Changes to These Terms
We reserve the right to modify or update these Terms at any time. Any changes will be posted on this page with an updated "Effective Date." By continuing to use the Website after any changes, you agree to be bound by the revised Terms.
Contact Us
If you have any questions or concerns about these Terms, please contact us using the contact form on this website.
Acknowledgment
By using Zooly Designs' Website, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.