Terms of service
1. Use of the Website
This website, www.zitafashion.co.in, is owned and operated by ZITA Fashion and is provided for personal use and information purposes. By accessing and browsing this website, you unconditionally accept and agree to adhere to the terms and conditions outlined herein. It is essential to note that this website is intended for use by adults only. By accessing this website, you represent that you possess the legal right and capacity to form binding obligations. ZITA reserves the right, at its sole discretion, to refuse service, terminate accounts, or cancel orders.
2. Privacy Policy
ZITA Fashion's Privacy Policy governs the collection, use, and disclosure of personal information provided by users and visitors to this website. Your use of this website signifies that you have read, understood, and agreed to be bound by the terms and conditions of our Privacy Policy. Moreover, by accessing and utilizing this website, you consent to the collection, processing, and usage of your personal information by ZITA Fashion in accordance with the Privacy Policy, which may be updated or amended periodically.
3. Product Information
ZITA Fashion strives to ensure accurate product descriptions and information, and endeavors to depict product colors and appearances as faithfully as possible. However, due to variations in monitor quality, picture quality, or other factors, the actual colors or appearance of the products delivered may differ from those displayed on the website. In case of dissatisfaction upon receipt of the ordered goods due to discrepancies in the product description or appearance, your sole recourse is to return the unused product along with the invoice.
4. Limitation of Liability
ZITA Fashion shall not be held liable for any direct or indirect damages, incidental or consequential, arising from the use or inability to use our products or services. While every effort is made to maintain a defect-free website, users acknowledge and agree that ZITA Fashion shall not be liable for any damage caused to their computer, software, or equipment resulting from accessing or using this website.
5. Exclusion of Warranties
Users acknowledge and agree that ZITA Fashion does not provide any warranty or representation that this website will be uninterrupted, error-free, or free from harmful components. Information accessed through this website is provided "as is," "with all faults," and without warranties, whether express or implied.
6. Copyrights and Trademarks
All materials, including text, images, illustrations, software, audio clips, and video clips, available on this website are the property of ZITA Fashion or its licensors and are protected by copyright laws or equivalent intellectual property laws. No material from this website should be copied, reproduced, republished, downloaded, posted, transmitted, distributed, or modified, in whole or in part, in any form whatsoever, without prior explicit permission. The trademarks, trade names, logos, and service marks ("Marks") displayed on this website are either registered or unregistered Marks of ZITA Fashion or their respective owners. Users are strictly prohibited from using, reproducing, or displaying any Marks or copyrighted material without proper authorization.
7. Electronic Communications
When users visit this website or communicate with ZITA Fashion via email, they are engaging in electronic communication. By using this website, users consent to receive communications from ZITA Fashion electronically. Communication may occur via email or through posting notices on the website. Users agree that all agreements, notices, disclosures, and other communications provided by ZITA Fashion electronically satisfy any legal requirement that such communications be in writing.
8. Surveillance
ZITA Fashion reserves the right to monitor website access and user activities concerning its website. However, ZITA Fashion does not provide any representation or warranty regarding such surveillance or intervention. Users consent to such monitoring and intervention should ZITA Fashion decide to conduct such activities.
9. Confidentiality
Users acknowledge and agree that information or material provided electronically through access or usage of this website is not considered confidential or proprietary, except as may be required under applicable law or pursuant to the privacy policy of ZITA Fashion. Users also acknowledge that electronic communication over the Internet is subject to possible interception, alteration, or loss. By accessing or using this website and providing information or material to ZITA Fashion electronically, users represent and warrant that such information or material does not infringe upon the rights of any other person or entity. Users also consent to ZITA Fashion's use of such information or material, in whole or in part, by any means whatsoever, including reproduction, retransmission, or publication, for commercial purposes. Users further consent to the disclosure of their identity in accordance with the Privacy Policy of ZITA Fashion.
10. Harmful Information/Material
Users agree not to introduce any information or materials onto this website that may be harmful to others. Users further agree not to knowingly include any errors or defects in material or information that may constitute libel, slander, defamation, obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
11. Links
Links and references to other websites are provided for user convenience only. ZITA Fashion has not reviewed and does not expressly or implicitly endorse other websites, their information or materials, or their accessibility through such links. ZITA Fashion assumes no responsibility for any other websites' content, products, or services. Users may not create links from other websites to this website without express permission from ZITA Fashion. ZITA Fashion does not represent or warrant that information or material, including downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses, or other harmful components. Additionally, ZITA Fashion is not liable for any problems that may arise and be discovered from such information or material.
12. Reservation of Rights
All rights not expressly granted in these terms and conditions are reserved by ZITA Fashion. Nothing contained in these terms and conditions shall be construed as conferring by implication, estoppel, or otherwise any license or right under any copyright, patent, trademark, or other intellectual property right of ZITA Fashion or any other person to users.
13. Dispute Resolutions by Arbitration
Any dispute or claim between users and ZITA Fashion arising out of any use of this website, including the applicability or scope of the arbitration clause, shall be referred to and finally resolved by a Sole Arbitrator appointed by ZITA Fashion, to the exclusion of courts of law. The arbitration shall be conducted in accordance with the Indian Arbitration Act, 1996. Prior to submitting a claim for arbitration, users must first contact a customer service representative at ZITA Fashion to attempt to resolve the dispute. Similarly, before ZITA Fashion initiates arbitration proceedings, it must first attempt to resolve the dispute by contacting the user. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date of the initial contact, the user may inform ZITA Fashion to appoint an Arbitrator to resolve the dispute. ZITA Fashion shall appoint a Sole Arbitrator to resolve the dispute within fifteen (15) days of receiving such intimation. The arbitration venue shall be in Mumbai, and the language of the arbitration shall be English. The applicable law governing the arbitration shall be the Laws of India. Any award rendered pursuant to the arbitration shall be final and binding on both parties, and no appeal shall lie from such award. Such an award may be enforced and executed by any court having jurisdiction over the person or property of the person against whom enforcement of the award is sought. Notwithstanding the provisions in this clause, ZITA Fashion reserves the right to seek and obtain any injunctive, provisional, or interim relief from any court of competent jurisdiction to protect its trademarks, other intellectual property rights, or confidential information.
14. Governing Law
This website is controlled and operated by ZITA Fashion from Mumbai, India, and is governed by the applicable laws of India without reference to principles of conflict of laws. Products sold or delivered abroad through this website shall be subject to India's export control laws and regulations.
15. Cookies
A cookie is a small string of data that allows this website to remember user preferences, serving as a unique membership ID. ZITA Fashion uses cookies to enhance user experience during subsequent visits to the website. When leaving the site, ZITA Fashion terminates interaction with the cookie. Users can delete cookies at any time. However, doing so will require users to log in again and re-enter their preferences, if any.
16. No Waiver
The failure of ZITA Fashion to enforce any provisions of these terms or respond to a breach by users or any third party of these terms shall not in any way waive ZITA Fashion's right to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
17. Changes to Terms/Severability
ZITA Fashion reserves the right to modify, update, or change the terms applicable to this website from time to time. Following the posting of such changes, users' continued use of this site will constitute their acceptance of the modified terms. If any term or condition is deemed invalid, void, or unenforceable, such term shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.
18. Entire Agreement
These terms and conditions, or any conditions incorporated or referred to herein, constitute the entire agreement between users and ZITA Fashion concerning the use of this website and any transaction conducted on or from this website and its contents. These terms and conditions supersede any prior understanding or agreement, whether electronic, oral, or written.
19. Termination
ZITA Fashion reserves the right, at its sole discretion, to terminate or suspend users' access to all or any part of this site without prior notice. Additionally, ZITA Fashion reserves the right to terminate or temporarily deactivate any promotions without prior notice.
20. Headings
The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.
21. SMS or Email Updates
ZITA Fashion has the right to use customer contact information for its own marketing purposes. Regular SMS and Email updates may be sent to registered mobile numbers and email addresses registered with ZITA Fashion.
22. Redemption Clauses
The redemption of any promotional Gift Voucher, Offers, Discount, or any such benefits provided under loyalty programs by ZITA Fashion or its affiliates is redeemable only once as per the given terms. These promotional benefits are only one-time use and will not be reversed fully or partially in case the customer makes a full/partial exchange, return, or refund of all/few invoice items. ZITA Fashion reserves all rights to accept, reject, modify, or cancel these benefits without prior intimation to customers.