Introduction and Acceptance of the Terms and Conditions
The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’ or the ‘Customer’) and ‘ZimSculpt’ (hereafter also referred to as ‘We’ or the ‘Website’), belonging to the company Serpentine Ltd. Both parties accept these Conditions unreservedly. These general Conditions of Sale are the only conditions that are applicable and replace all other conditions, except in the case of express written, prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept our general Conditions of Sale. These Terms and Conditions of Sale are important to you and ZimSculpt as they are used to protect your rights as a valued customer and our rights as a business.
Changes to the Terms & Conditions and the Website
ZimSculpt is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Website and these Terms & Conditions from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms & Conditions will be taken to mean that you have read and agree to the changes.
Access to the Website
We work hard to ensure the Website is always up and available, but we can’t guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for regular updating of products and for general maintenance, but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any length of time.
ZimSculpt takes great care when putting product information, descriptions and images on-line but will not be held responsible for any mistakes or omissions to any information given.
The prices indicated on ZimSculpt are shown in United States Dollars and include delivery to your door. Please check our delivery page for more details. Once the sculpture price is confirmed we will send you an invoice detailing the full order. You must provide us with the full contact and shipping information. We reserve the right to modify our prices at any moment but this will be indicated to you on the order at the time the order is placed. If an obviously incorrect price appears on our website and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you.
To pay for your order ZimSculpt currently accepts PayPal which uses advanced SSL encryption to keep your transaction secure and do not cost you anything to use (ZimSculpt is charged as the seller, you are not charged as the buyer) so you will not pay any extra for your order. You do not need to hold an account with PayPal to use them as a method of payment. Please refer to PayPal for full terms and conditions of use.
We will always endeavour to fulfil your order once completed and paid for. If a product should become unavailable after your order has been confirmed and paid for, we will refund the price you paid for the product within 30 days following the date of payment.
In the UK please note that VAT is non-refundable. Please check in the U.S. as different States apply different taxes with regards to Art work and duty. Some States are duty free for original art work.
ZimSculpt will not be held liable for poor use and its consequences on the product/s purchased from the Website.
Waiver and Severability
Any failure of ZimSculpt to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. The Terms & Conditions constitutes the entire agreement between you and ZimSculpt and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms & Conditions). If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect.
Feedback & Comments
We welcome any comment, question and communication on our contact page.
Any opinions left on the Website by ZimSculpt customers are screened and moderated by the marketing team. If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary…), ZimSculpt reserves the right to refuse or modify it.
What we do with your personally identifiable information
It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. “Personally identifiable information” means information that can be used to identify you as an individual, such as, for example:
- your name, company, email address, phone number, billing address, and shipping address
- credit card information
- any account-preference information you provide us
- your computer’s domain name and IP address, indicating
where your computer is located on the Internet
- session data for your login session, so that our computer can ‘talk’ to yours while you are logged in
If you do provide personally identifiable information to us, either directly or through a reseller or other business partner, we will:
- not sell or rent it to a third party without your permission — although unless you opt out (see below), we may use your contact information to provide you with information we believe you need to know or may find useful, such as (for example) news about our services and products and modifications to the Terms of Service;
- take commercially reasonable precautions to protect the information from loss, misuse and unauthorized access, disclosure, alteration and destruction;
- not use or disclose the information except:
- as necessary to provide services or products you have ordered, such as (for example) by providing it to a carrier to deliver products you have ordered;
- in the aggregate with other information in such a way so that your identity cannot reasonably be determined (for example, statistical compilations);
- as required by law, for example, in response to a subpoena or search warrant;
- to outside auditors who have agreed to keep the information confidential;
- as necessary to enforce the Terms of Service;
- as necessary to protect the rights, safety, or property of ZimSculpt, its users, or others; this may include (for example) exchanging information with other organizations for fraud protection and/or risk reduction.
Other information we collect
We may collect other information that cannot be readily used to identify you, such as (for example) the domain name and IP address of your computer. We may use this information, individually or in the aggregate, for technical administration of our Web site(s); research and development; customer- and account administration; and to help us focus our marketing efforts more precisely.
ZimSculpt uses “cookies” to store personal data on your computer. We may also link information stored on your computer in cookies with personal data about specific individuals stored on our servers. If you set up your Web browser (for example, Internet Explorer or Firefox) so that cookies are not allowed, you might not be able to use some or all of the features of our Web site.
External data storage sites
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
Your privacy responsibilities
To help protect your privacy, be sure:
- not to share your user ID or password with anyone else;
- to take customary precautions to guard against “malware” (viruses, Trojan horses, bots, etc.), for example by installing and updating suitable anti-virus software.
Notice to European Union users
ZimSculpt‘s operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) to the United States. By providing personal information to us, you are consenting to its storage and use as described herein.
Information collected from children
You must be at least 13 years old to use ZimSculpt‘s Web site and service(s). ZimSculpt does not knowingly collect information from children under 13. (See the U.S. Children’s Online Privacy Protection Act.)
Questions or comments?
Thank you for choosing ZimSculpt!