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The Terms and Conditions given here govern the supply of goods sold by Zest 365 Ltd, Colonnade House, 201 Sunbridge Road, Flat 10, Floor 8, Bradford, England, BD1 2HQ (UK). The parties Zest 365 ("we" and "us") to the customer ("you") these constitute the entire and only agreement between the parties. All orders placed are subject to acceptance by delivery of the goods to you at which point a legally binding contract is constituted between the parties on these Terms and Conditions.
2. Price and Payment
2.1 The price payable for the goods you order is as set out on our web site at the time you place your order plus any charges for packaging and posting. We reserve the right to change the price of goods due to market conditions but we will confirm the prevailing price with you before accepting your order. We are not obliged to accept your order for such goods and may decline it or limit the order quantity.
2.2 On occasions, the prices payable of goods advertised on our web site may differ from those prices offered in store or in one of our trade counters, and we are under no obligation to honour any web site price if there is such a difference. Occasionally an error may occur with our web site and goods may be incorrectly priced in such cases we will not be obliged to supply the goods at the incorrect price.
2.3 We must receive payment for the whole of the price of the goods you order, and any applicable charges for packaging and posting, before your order can be accepted unless we have agreed otherwise in advance in writing.
3. Delivery and Ownership
Unless you order and collect the goods from our store, we will deliver them in accordance with your order. A valid signature will be required on collection or delivery. Redirections can be made for an extra postage and administrative charge but we will not be responsible for customers not responding to delivery attempts. For reasons of health and safety and to avoid any property damage, most 'Heavy Stuff' items can only be delivered to a ground floor location at the delivery address. Upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, ownership in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you.
While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, supply or deliver a substituted product or refund you the price paid for such goods within 30 days or, in the case of an account customer, we may, in our absolute discretion, raise a credit note to offset the amount invoiced to you.
5. Cancellation and Returns
5.1 Customers have the right to cancel their order(s) within 7 working days from the day the goods are delivered to them.
5.2 Customer must produce the original purchase receipt, without a valid receipt we will not process any refunds/returns.
5.3 if the purchase has been made with a Credit/Debit card then the return/refund will only be made to that card within 3-5 working days i.e. we will not be able to pay cash.
5.4 if the purchase has been made via online banking/PayPal then the return/refund will be made to customers' bank/PayPal account within 3-5 working days.
5.5 for cash purchases, we will pay cash if the return is made in person or will transfer the amount to customers bank/PayPal account, provided a valid purchase receipt is produced.
5.6 Customers must return the goods unworn/unwashed to qualify for a refund, within 7 days of receipt.
5.7 To exchange items, goods must be returned unworn/unwashed within 28 days of receipt.
5.8 On cancellation for whatever reason, you must return the goods to us at your cost unless the goods returned are notably faulty.
5.9 Refunds are given minus postage costs unless the goods returned are notably faulty.
If you have notified us of a problem with the goods within 14 days of delivery, we will (subject to clause 4) either replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question. We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
7. Limited Companies
Those signing the Trade Credit Account Application Form on behalf of limited companies do so as guarantor and irrevocably undertake to guarantee the payment of all monies owing to us by the relevant limited company if we believe that the limited company cannot meet its obligations. If the limited company goes into receivership, liquidation or administration the guarantor will pay to the receiver, liquidator or administrator, as the case may be, such sum as will enable him to pay all monies owed to us by the limited company.
8. Age Requirement
Where the law requires a minimum age limit for the purchase of specific goods, you confirm that you are over the required age limit and that delivery will be accepted by a person over the required age limit. We reserve the right to cancel your order if we reasonably believe you are not legally entitled to order certain goods.
We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.
10. Force Majeure
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.
12. Zest 365 Ltd Special Guarantee
If an item is unsuitable, please send back to us as soon as possible so that we could get it exchanged/refunded for you within seven days of receiving the item from you subject to availability and Terms & Conditions.
14. Use of our website
All items in the catalogue as well as on the website are subject to availability. There may be slight variations in designs, colours and sizes. Please note that colours can not be guaranteed. Please wash items separately. All the descriptions are correct at the time of printing and uploading. Errors and Omissions Excepted.