TERMS OF SERVICE

OVERVIEW

 

This online store is operated by ZOOM UTOPIA DI M.A.S.. Throughout the store, the terms “we”, “us” and “our” refer to ZOOM UTOPIA DI M.A.S..

ZOOM UTOPIA DI M.A.S. offers this online store, including all information, tools and services available to you, the user/customer, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our store and purchasing from us, you engage in our “Service” and agree with the terms and conditions (“Terms of Service”, “Terms”). These Terms of Service (TOS) apply to all visitors of the site, including users who are browsers, vendors, customers, merchants, and contributors of content.

Please read these TOS carefully before using our website. By accessing or using any part of the site, you agree to be bound by these TOS. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools added to our online store shall be subject to these TOS.

You can review the most current version of the TOS at any time on this page. We reserve the right to update, change or replace any part of these TOS by posting updates and/or changes to our website.

It is your sole responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your information (not including credit card information) and/or content, may be transferred unencrypted and involve:

(a) transmissions over various networks.

(b) changes to conform and adapt to technical requirements of connecting networks or devices.

Our online store has SSL Certification, ensuring all transactions are encrypted via HTTPS. Your credit card information is always encrypted during transfer over networks and is never stored in our servers.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission from us.

 

MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue products without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product or service.

 

PRODUCTS AND/OR SERVICES

 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return & Refund Policy on the FAQ page of this website.

We have made every effort to display as accurately as possible the colours and images of our products that appear in the store.

We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer.

We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us.

We may, in our sole discretion, limit or cancel certain orders that may seem suspicious to us.

We reserve the right to limit or cancel orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

In the event we change or cancel an order, we will notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return & Refund Policy on the FAQ page of this website.

 

OPTIONAL TOOLS

 

We may provide you with access to third-party tools over which we have no control nor input.

You agree that we provide access to such tools ”as is” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use of such optional tools is entirely at your own discretion and you should ensure that you agree to the terms on which such tools are provided by the relevant third-party provider(s).

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If you send certain specific submissions (for example contest entries) or creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, without restriction, edit, copy, publish, and otherwise use in any medium any comments that you forward to us.

We are under no obligation to maintain any comments in confidence, to pay compensation for any comments or to respond to any comments.

We may monitor, edit or remove content that is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these TOS.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

You further agree that your comments will not contain unlawful, abusive or obscene material, or any computer virus or other malware that could in any way affect the operation of our online store or any related website.

You may not use a false e-mail address, pretend to be someone other than yourself, or mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

PERSONAL INFORMATION

 

Your submission of personal information through the store is governed by our Privacy Policy.

 

ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

 

PROHIBITED USES

 

In addition to other prohibitions in the TOS, you are prohibited from using the site and/or its content:

  1. for any unlawful purpose;
  2. to solicit others to perform or participate in any unlawful acts;
  3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  4. to infringe upon or violate any intellectual property rights
  5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  6. to submit false or misleading information;
  7. to upload or transmit viruses or any type of malicious code that may affect the functionality or operation of the Service or of any related website, other websites, or the Internet;  
  8. to collect or track the personal information of others;
  9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
  10. for any obscene, immoral or otherwise unlawful purpose.

We reserve the right to terminate your use of the Service if violating any of the prohibited uses.

 

DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

You agree that from time to time we may remove certain products for indefinite periods of time without notice to you.

The products delivered to you through the online store are provided ‘as is’ and ‘as available’ for your use, without any representation, 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.

In no case shall Uztzu, our directors, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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, replacement costs, or any similar damages, tort (including negligence), strict liability or otherwise, arising from your use of any products from our online store.

 

INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless ZOOM UTOPIA DI M.A.S. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SEVERABILITY

 

In the event that any provision of these TOS 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 TOS. Such determination shall not affect the validity and enforceability of any other remaining provisions.

 

TERMINATION

 

These TOS are effective unless and until terminated by either you or us. You may terminate these TOS at any time when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these TOS, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision.

These TOS and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the site, superseding 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 TOS).

Any ambiguities in the interpretation of these TOS shall not be construed against the drafting party.

 

GOVERNING LAW

 

These TOS and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Italy in the court of Trieste.

 

CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the TOS at any time on this page.

We reserve the right to update, change or replace any part of these TOS by posting updates and changes to our website. It is your responsibility to check our site periodically for changes. Your continued use of our website or the Service following the posting of any changes to these TOS constitutes acceptance of those changes.

 

CONTACT INFORMATION

 

Contact us for any additional Questions about the TOS.