Zoara Terms of Use

 

  1. ACCEPTANCE OF TERMS

    Zoara Inc. makes this website, www.Zoara.com (the “Site”), including all information, documents, communications, files, images, text, graphics, descriptions, products (including all jewelry and related items available through the Site) and services available through the site (collectively, the “Materials”) and all services operated by Zoara and third parties through the site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Zoara may publish from time to time (collectively, the “Terms of Use”).

    BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, USE OF ANY OF THE SERVICES, DOWNLOADING OF ANY MATERIALS, OR ANY PURCHASE MADE THROUGH THE SITE, YOU AGREE TO AND ARE BOUND BY THE TERMS OF USE. YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THE AGE OF MAJORITY IN YOUR JURISDICTION, WHICHEVER IS OLDER. ZOARA RESERVES THE RIGHT TO CHANGE THE TERMS OF USE AND OTHER GUIDELINES OR RULES POSTED ON THE SITE FROM TIME TO TIME AT ITS SOLE DISCRETION, WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE SITE, OR ANY MATERIALS OR SERVICES ACCESSIBLE THROUGH IT, AFTER SUCH NOTICE HAS BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.

    THE TERMS OF USE REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITE, MATERIALS OR SERVICES, AND YOU AGREE THAT ANY SUCH DISPUTE OR CLAIM SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. PLEASE REVIEW SECTION 14 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITE, MATERIALS OR SERVICES.

    Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates. All product information, including but not limited to, descriptions, materials, files, communications, documents, text, images are “Zoara Content” or “Site content.”

  2. PRODUCT AVAILABILITY, IMAGES, CERTIFICATION, CATALOG AND PRICING

        Please note that given the nature of our business, jewelry may go out of stock before we have an opportunity to update that information on the website. You therefore understand that our online catalog is not a legal offer, but is rather contingent on availability or in legal terminology- invitation to treat, and the prices are subject to change without notice. In the event that the product you purchased is out of stock, we will either fully refund you or give you the alternate options that may suit your needs. While we certainly do our best to ensure the accuracy of product descriptions and prices, we cannot make such guarantees. As such, you recognize that the product descriptions and prices may be displayed incorrectly or inaccurately on our Site due to system, typographical or other errors. The price for your order is not confirmed until we process and issue final confirmation for the order. If the correct price of an item is higher than our stated price, we will, at our sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

    Zoara displays images of its diamond products online. You understand that select images are sample images representing the product’s characteristics in type and size, while others are true images of the corresponding product.  Diamonds displayed on the Site may not represent the actual product that you will receive if you purchase the diamond product.  Zoara is not obligated to supply real images of products on the Site. Should real product images be used in representing a product, it is understood that those images represent the visual appearance of the product at the time of photographing, and that the diamond product may have undergone visual or other changes since. 

    Please keep in mind that the products we display in our online catalog may appear larger or smaller than the actual size of such products; likewise, the coloring of the products may appear slightly differently than actual product colors depending on your computer and monitor. Note that three dimensional (3D) images and sketches contain a level of inherent distortion. Nor can Zoara guarantee that your monitor’s display of any product color, texture or detail will be accurate.

    When you chose a diamond you may find that the diamond went through a certification process by a gemological laboratory that provided information on the diamond that could include grading of the diamond's color, clarity, cut, etc. Zoara has no control on the certification process nor has any association with the gemological laboratory. Therefore it is your responsibility to study the diamond's certificate information and the gemological laboratory reputation. Since all diamond grading is subjective, you agree and declare that prior to purchasing a diamond you fully examined its accompanying certificate and made all needed inquiries on such certificate's issuing gemological laboratory and found them adequate to your needs.

    In addition, Zoara does not warrant that product descriptions, certification or any other content are accurate, complete, reliable current or error free. If a product offered by Zoara is not as represented in the Site or the accompanying certificate as described, your sole remedy is to return it in unused condition and in compliance with the Zoara return policy. Zoara provides to its users general and educational material in order to convey general information to its users. You understand that Zoara is not an authority on the subject matters of stones, diamonds or jewelry , and your decision to purchase should not be based on this such information without independently verifying the educational information provided on the Site. While Zoara takes pride in the accuracy of the information it provides, Zoara cannot guarantee that the informational and educational material will be accurate or complete at all times. Please be aware when purchasing products made from palladium, namely pendants or engagement rings, that the respective accompanying chains and heads may be made from 14 karat white gold.

    Zoara reserves the right to refuse the fulfillment of any order, at any point pre or post order, at its sole discretion and without obligation to report the grounds for refusal should there be any, including, but not limited to, incorrect pricing information.  Placing an order with Zoara, including via the website, online checkout, chat, or via a phone representative, in no way binds the Site to fulfill an order. Order fulfillment is carried out in best business practice and in good faith; The site therefore reserves the right to decline fulfillment of orders placed with direct or indirect intentions unknown to the Site, including but not limited to the intention to return placed orders and intentions concerning product comparison.
     
    The content and nature of personalized products available in the Zoara product catalogue, including the language, words and spelling of name jewelry, are in no way a representation of the Site's interests or opinions. Zoara reserves the right to refuse personalization of jewelry containing but not limited to profane, discriminatory or otherwise offensive language at its sole discretion and without obligation to report the grounds for refusal should there be any.

  3. RETURN POLICY

    At Zoara, we stand behind the quality of all of our products. If for any reason you are not completely satisfied with your purchase, we will be happy to refund or exchange the item within 30 days of shipment.

    Zoara is proud to offer free shipping for all qualified returns within the US. For all other returns, our Customer Service Team will instruct you on shipping procedure.

    1. Contact our Customer Service Team at 1-800-431-0012 to receive a free prepaid shipping label. 

    2. Carefully pack and ship your item as instructed by Customer Service. Drop off your package at your local courier, making sure to obtain a shipping receipt as proof of shipment. Please note the tracking number for your own records.

    3. After receiving your item, our QA Team will verify its condition and authenticity. Once the item has passed inspection, a refund for the original price of the item will be issued via the original payment method. International bank wire purchases will be refunded in USD according to the exchange rate at time of purchase.

    International Returns

    Zoara makes international returns easy. Contact our Customer Service Team at 1-800-431-0012 or email us at support@zoara.comto receive a Return Authorization Number (RAN) and mailing address for your international return. Our representatives are happy to advise you on specific international procedures and considerations.

    Customers are responsible for shipping costs for international returns as well as any duties, taxes, or surcharges charged during shipment. These costs are non-refundable, even when Zoara incurred the cost. Certain countries offer to refund these costs and such arrangements must be made by the customer. Check with local authorities before shipping to confirm possible duties or fees.


    Shipping Insurance

     

    Orders shipped with a label provided by Zoara are fully insured. For all other returns, please insure your shipment as Zoara is not responsible for any lost, stolen, or damaged packages.


    Terms and Conditions of Return:

    • All items must be returned in their original, unused, unaltered state. Damaged items cannot be returned. See our Warranty for policies related to the return of items with manufacturing defects.

    • Custom-made, and custom-engraved items cannot be returned or refunded. Upgraded Diamonds are not eligible for return.

    • Items returned without a Return Authorization Number, packages shipped beyond the 30-day return period, or parcels that are improperly packaged will not be accepted.

    • Final returns must include the original Diamond Grading Report, Appraisal, and original invoice or a replacement fee of $250 will be required.  For a repair or a resizing, include a copy of the Diamond Grading Report only. 

    • With special requests for a later delivery date, our 30 day return/exchange period begins on the date that your order was first available to ship. 

    • Unauthorized shipping expenses will not be reimbursed by Zoara.

    • Zoara allows for one return per customer in six month intervals.

    • Requested changes to orders already in production void complimentary resize, return, and exchange policies.

    • To maintain high quality standards at the best prices, Zoara does not allow comparison shopping - purchasing several items with the intent of keeping one and returning the remainder.  Should you require assistance deciding on a purchase, our Customer Service Team is happy to provide additional information and guidance.

     

    • INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

      The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, Zoara does not grant any express or implied rights to use the Site, Materials and Services. You agree not to copy, republish, frame, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

      In addition to the Materials and Services offered by Zoara, this Site also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. Zoara offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services or products. You agree that you will not hold Zoara responsible or liable with respect to the Third Party Services or seek to do so.

      Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the Site content for your personal, non-commercial purposes, subject to the following: (a) the content may not be modified or altered in any way; (b) you may not remove any copyright or other proprietary notices contained in the content; (c) Zoara reserves the right to revoke the authorization to view and download the content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Zoara.       

      The rights granted to you constitute a license and not a transfer of title. The rights specified above to view the Site content are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

    • TRADEMARK INFORMATION

      The trademarks, logos, and service marks, including the Zoara family of trademarks, such as “Zoara” and “Engaging Diamonds and Jewelry,” (the “Marks”) displayed on this Site are the property of Zoara or other third parties. You are not permitted to use the Marks without the prior written consent of Zoara or such third party that may own the Marks.

    • USER CONDUCT

      In using the Site, including all Services and Materials available through it, you agree: not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another’s account, password, service, or system without authorization from; not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any linked sites.

    • WARRANTIES AND DISCLAIMERS

      EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THE TERMS OF USE OR IN A WRITTEN AGREEMENT BETWEEN YOU AND ZOARA, THIS SITE, AND ALL MATERIALS AND SERVICES, INCLUDING ALL THE JEWELRY, ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ZOARA DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

      WITHOUT LIMITING THE FOREGOING, ZOARA MAKES NO WARRANTY THAT (I) THE SITE, SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (II) THE SITE, SERVICES AND MATERIALS (INCLUDING THE ACCURACY OF ANY PRODUCT PRICES AND DESCRIPTIONS) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR MATERIALS, INCLUDING PRODUCT DESCRIPTIONS, AND CUSTOMER FEEDBACK WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; AND (IV) THE QUALITY OF ANY SERVICES OR MATERIALS, INCLUDING JEWELRY, OBTAINED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

      We may upload to the site content provided to us by our users, including customer reviews and proposal and wedding stories. You understand that while we certainly hope that our users will provide us with accurate information, we do not independently verify such information and cannot guarantee the accuracy of the content provided to us by our users.

      You understand and acknowledge that (i) Zoara does not control, endorse, or accept responsibility for any content, products (including jewelry), or services offered by third parties through the Site; (ii) Zoara makes no representation or warranties whatsoever about any such third parties, their content, products (including jewelry), or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) Zoara shall not be liable or responsible for any content, products, or services offered by third parties.

      The use of the Services or the downloading or purchasing of any Materials through the Site is done at your sole discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Zoara assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site. No advice or information, whether oral or written, obtained by you from Zoara or through or from the Site shall create any warranty not expressly stated in these Terms of Use.

    • DISCOUNTS AND GIFT CARDS

      Promotional or coupon codes can be redeemed on the Site through online checkout or via phone order.  These discounts may only apply to certain items or groups of items.  The coupon code is valid for only those items specified in association with the code and expiry dates may apply.  Only one coupon code may be used per order, and users redeeming a gift card may not apply a coupon to their gift card purchase. Zoara gift cards can only be purchased and redeemed in U.S. dollars. For security purposes, Zoara requires that you provide credit card details when redeeming your gift card.  The card will not be charged unless the order total is greater than the amount on the card. Total gift card purchase cannot exceed 1,000 U.S. dollars per order.  Zoara gift cards are sent via email, after payment processing has been completed. The gift cards are non-transferrable, cannot be redeemed for cash and cannot be returned for a cash refund. Unused amounts on your Zoara gift card will remain intact for future use. If the gift card does not cover the total purchase amount, the customer is responsible for paying the remainder of balance at the time of purchase. Zoara is not responsible for lost or stolen gift cards. Gift cards may be used on the Site via online checkout or phone order, and coupons and discounts cannot be applied to gift card purchases. 

    • PERSONAL INFORMATION AND PRIVACY

      You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Zoara or others. Please refer to our Privacy Policy for more information about the manner in which we protect and use your information.

    • LIMITATION OF LIABILITY

      IN NO EVENT SHALL ZOARA OR ITS SUBSIDIARIES OR AFFILIATES, AND EACH OF THEIR AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS (THE “ZOARA PARTIES”), BE LIABLE TO YOU FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST REVENUES AND OTHER SUCH DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF THE ZOARA PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL THE ZOARA PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE TERMS OF USE OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE, MATERIALS OR SERVICES EXCEED THE GREATER OF US$1,000 OR THE AMOUNT RECEIVED BY ZOARA FROM YOUR TRANSACTIONS WITH ZOARA ON THE SITE IN THE SIX (6)-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH ANY SUCH CLAIM AROSE.

    • RISK OF LOSS

      All items purchased from Zoara or the Site 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.

    • INDEMNITY AND LIABILITY

      You agree to indemnify and hold the Zoara Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, Materials or Services in violation of these Terms of Use or your violation of applicable law or any rights of another person or entity.

    • GOVERNING LAW

      The Terms of Use and any dispute or claim arising out of or relating in any way to the Terms of Use or your access to or use of the Site, Materials or Services, including, but not limited to, the validity, applicability or interpretation of the Terms of Use, shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of New York, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the Terms of Use.

    • BINDING ARBITRATION AND CLASS ACTION WAIVER

      ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TERMS OF USE OR YOUR ACCESS TO OR USE OF THE SITE, MATERIALS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TERMS OF USE, SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.The arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority and jurisdiction to resolve any disputes relating to the enforceability, interpretation, applicability, arbitrability or formation of all or any part of these Terms of Use, including, without limitation, any claim that all or any part of these Terms of Use is void, voidable, unenforceable or not arbitrable.

      The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

      The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in the County and State of New York or the city within the United States in which you reside. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

      WE EACH AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TERMS OF USE OR YOUR ACCESS TO OR USE OF THE SITE, MATERIALS OR SERVICES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, A COURT OF COMPETENT JURISDICTION IN THE COUNTY AND STATE OF NEW YORK. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.

      Notwithstanding anything to the contrary, you and Zoara may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.

    • GENERAL

      The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Zoara and you with respect to your use of the Site. If for any reason an arbitrator or court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Zoara to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.