Terms and Conditions
OVERVIEW
Welcome to Zadeyra! The terms “we”, “us” and “our” refer to Zadeyra. Zadeyra operates this shop and this website, including all related information, content, functions, tools, products, and services, to provide you, the customer, with an individual shopping experience (the “Services”). Zadeyra is powered by Shopify, which enables us to provide you with the Services.
The terms and conditions below, together with the policies mentioned herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when you use the Services.
Please read these Terms and Conditions carefully, as they contain important information about your legal rights and address topics such as disclaimers of warranty and limitations of liability.
By visiting, interacting with, or using our Services, you declare your agreement with these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you declare that you are of legal age in the state or region in which you reside and have given us your consent to allow your minor dependents to use the Services on devices that you own, have purchased, or manage.
To use the Services, including accessing or navigating our online shops or purchasing products or services that we offer, you may be requested to provide certain information, such as your email address as well as information regarding billing, payment, and delivery. You affirm and declare that all details you provide in our shops are accurate, current, and complete, and that you are fully authorized to provide these details.
You alone are responsible for the security of your account login data and for all activities on your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services in our online shops as accurately as possible. However, we point out that colors or the appearance of products may differ from the colors shown on your screen due to the device you are using to access the shop as well as its settings and configuration.
We provide no warranty that the appearance or quality of the products or services purchased by you will meet your expectations or correspond with the representations in our online shops.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to remove products from our assortment at any time and to limit the quantities of the products that we offer to any person, in any geographic region, or within any jurisdiction on a case-by-case basis.
Section 3 – ORDERS
By placing your order, you are submitting an offer to purchase. Zadeyra reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order shall only be considered accepted upon confirmation by Zadeyra. Receipt and processing of your payment are prerequisites for the acceptance of your order. Please check your order carefully before submitting it, as Zadeyra may no longer be able to honor cancellation requests after an order has been accepted. Should we not accept, change, or cancel an order, we will attempt to inform you using the email address, billing address, and/or phone number provided at the time of ordering.
The return or exchange of your purchases shall take place exclusively in accordance with our Right of Withdrawal.
You affirm and declare that your purchases are intended for your personal use or use in your household and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and special offers are subject to change without prior notice. The price charged for a product or service is the price valid at the time of the order and will be stated in the order confirmation you receive via email. Unless expressly stated otherwise, the stated prices do not include taxes, shipping, handling, customs, or import duties.
The prices stated in our online shops may differ from the prices in brick-and-mortar stores or in online shops or other shops operated by third parties. From time to time, we may offer promotions for the Services which may affect pricing and for which different terms and conditions apply than the present Terms. In the event of discrepancies between the terms of a promotion and these Terms and Conditions, the terms of the promotion shall take precedence.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our shops. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You affirm and declare that (i) the credit card information provided by you is truthful, accurate, and complete, (ii) you are authorized to use this credit card for the purchase, (iii) the charges incurred by you will be accepted by your credit card company, and (iv) you will pay the charges incurred by you at the stated prices, including shipping and handling fees and all applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping service providers, customs clearance, or events beyond our control. As soon as we have handed over the products to the shipping service provider, ownership and the risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade names, text, representations, images, graphics, product reviews, video and audio files, as well as their design, selection, and arrangement, are the property of Zadeyra, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms and Conditions permit you to use the Services exclusively for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material in the Services without our prior written consent. Unless expressly provided for herein, no provision of these Terms and Conditions grants you a license or other rights to patents, trademarks, copyrights, or other intellectual property of Zadeyra, Shopify, or third parties, nor can such a grant be derived from these provisions. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Zadeyra.
The names, logos, product and service names, designs, and slogans of Zadeyra are trademarks of Zadeyra or its affiliates or licensors. You may not use these marks without the prior written permission of Zadeyra. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be given access to customer tools offered by third-party providers as part of the Services, which we can neither monitor nor control or influence.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We disclaim any and all liability arising from or relating to your use of optional third-party tools.
The use of optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and accepting the terms and conditions under which the tools are provided by the respective third-party providers.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features will also be considered part of the Services and are subject to the present Terms and Conditions.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites that are provided or operated by third parties (including all embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you access at your own discretion. If you choose to leave the Services to access these third-party materials or websites, you do so at your own risk.
We are not liable for any damage or loss caused by your access to third-party websites or by the purchase or use of products, services, resources, or content on third-party websites. You should carefully review the third-party provider's policies and procedures and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third-party provider.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTICE TO MERCHANTS: This section accurately characterizes the relationship of Shopify to your shop and should not be removed or changed].
Zadeyra is powered by Shopify, which enables us to provide you with the Services. However, all sales and purchases that you make in our shop are concluded directly with Zadeyra. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspects of the business between you and Zadeyra, including injuries, damages, or losses resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for all claims, damages, and liabilities arising from or related to your purchases and transactions with Zadeyra.
SECTION 10 – PRIVACY POLICY
All personal data that we collect via the Services is subject to our Privacy Policy. Furthermore, certain personal data may be subject to the Shopify Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal data regarding your access to and use of the Services in order to provide and improve the Services for you. Data that you submit to the Services will be shared with Shopify as well as with third-party service providers that may be located in countries other than the country in which you reside, in order to provide the Services for you. In our Privacy Policy, you will find more information about how we, Shopify, and our partners use your personal data.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively referred to as “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display this Feedback in any medium for any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services and to fulfill our obligations as well as to exercise our rights under the Terms and Conditions.
You also affirm and declare that: (i) you own all Feedback content or fully possess the necessary rights to it; (ii) you have disclosed all compensation or incentives you received in connection with the submission of your Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are under no obligation to (1) maintain your Feedback in confidence, (2) pay compensation for your Feedback, or (3) respond to your Feedback.
We reserve the right, but are under no obligation, to monitor, edit, or remove Feedback that we, in our sole discretion, deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms and Conditions.
You affirm that your Feedback does not violate any third-party rights, including copyrights, trademark rights, privacy rights, personality rights, or other personal or property rights. You further affirm that your Feedback does not contain any libelous or otherwise unlawful, offensive, or obscene statements and is free of computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties regarding the origin of the Feedback. You bear sole responsibility for your Feedback and its accuracy. We assume no responsibility and liability for Feedback posted by you or a third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, transit times, and availability. In the case of inaccurate details, we reserve the right to correct errors, inaccuracies, or omissions, to change or update information, or to cancel orders, at any time and without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purposes; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that is not in accordance with these Terms and Conditions; (g) to transmit or cause the transmission of any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or other similar solicitations; (h) to impersonate or attempt to impersonate another natural or legal person; or (i) to engage in any other conduct that restricts or inhibits the use of the Services or that, in our determination, could harm Zadeyra, Shopify, or the users of the Services or expose them to liability.
Furthermore, you agree to refrain from the following: (a) uploading or transmitting viruses or other types of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Services; (c) collecting or tracking the personal information of others; (d) spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfering with or circumventing the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, deactivate, or terminate your account at any time without prior notice if we determine that you have violated any portion of these Terms and Conditions.
SECTION 14 – TERMINATION OF THE CONTRACTUAL RELATIONSHIP
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without prior notice.
The following sections shall survive the termination of the contractual relationship: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions that by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented in or through the Services is for general information purposes only. We make no guarantee as to the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Zadeyra, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Zadeyra, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Zadeyra, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable legal fees, payable to third parties arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that any failure to provide prompt notification will not relieve you of your obligations except to the extent that you are materially prejudiced thereby. We may control the defense and settlement of any such claim at your expense, including the choice of legal counsel, but will not settle any claim that imposes non-monetary obligations on you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of any indemnification claims, including by providing relevant documentation.
SECTION 18 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – WAIVER, ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not assign, transfer, or delegate this agreement or your rights or obligations under these Terms of Service without our prior written consent, and any attempt to do so is null and void. We may transfer, assign, or delegate these terms and our rights and obligations without consent or notice to you.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of Austria. You and Zadeyra agree to the jurisdiction and personal venue of these courts.
SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these terms in accordance with applicable law. Such changes shall be effective as of the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@zadeyra.at.
Our contact information is listed below:
Zadeyra e.U.
Owner: Elijah Pietersen
hello@zadeyra.at
Wehlistrasse 291/2/410, 1020 Vienna, Austria
+43 677 / 6439 5424 (Whatsapp)