ZABALA

 

1. INFORMATION

1.1 These terms of purchase (“Terms”) set out the terms on which you may purchase products from us via our website. Please read these Terms carefully and make sure that you understand them before ordering any products from us.

1.2 These Terms are only available in the English language.

1.3 We draw your attention in particular to:

– Clauses 6.4 and 9.3 which restrict you from reselling products on a commercial basis and allows us to cancel the contract and not sell any products to you in the future if you breach the reselling restriction; and

– Clause 10 which explains how we limit our liability to you.

 

2. INFORMATION ABOUT US

2.1 www.zabala.com is provided to you by Zabala Design Limited (“us”, “we” or “our”).

2.2 You can contact us by: email at [email protected];

 

3. PLACING ORDERS

3.1 You may only place orders from us if: (a) you are over 18 years old, (b) possess a valid debit or credit card (or are authorized to pay via another of our accepted methods of payment); and (c) are able to accept delivery at the time of your purchase, in the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, UK (including the Channel Islands) and US (excluding Alaska and Hawaii) and/or such other territories as are listed on our website from time to time as a delivery address (“Approved Delivery Location”).

3.2 You may only place an order for products via our website.

3.3 When placing an order, please ensure you provide complete and accurate information. Information we may require include your: first name, surname, phone number, email address, delivery and invoicing addresses. We may also ask for additional information during the ordering process to validate your order. It is your responsibility to ensure that the order is correct and accurately reflects your selection. Please take time to check your order before submitting it. If an order is not correct in any way, please see clause 3.8 below.

3.4 On receipt of your order we will send you an e-mail acknowledging that the order has been received. However, this does not mean that your order has been accepted. Prior to accepting any order, we shall carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfill the transaction. This may involve sharing your information with some of our third-party suppliers. For more information, please see our Privacy Policy.

3.5 Sometimes we reject orders, for example, because a product is unexpectedly out of stock; because you are located outside an Approved Delivery Location; or because you have, or we suspect you have, breached these Terms. When this happens, we let you know as soon as possible, and we will not charge you for your order.

3.6 We will communicate acceptance of your order by sending you an e-mail (“Confirmation”) at which point a contract will come into existence between you and us.

3.7 If you place an order for multiple products and some of those products are unavailable, we may process the order in respect of the available products.

3.8 If you discover that you have made a mistake with your order or wish to cancel it before we have sent you the Confirmation, please notify us immediately by contacting our Client Services team using the contact details provided above. If you discover that you have made a mistake with your order or wish to cancel it after we have sent you the Confirmation, then please note that we are generally unable to rectify mistakes or cancel your order after details of it have been sent to our warehouse (i.e. after you have received your Confirmation).

 

4. PAYMENT TERMS

4.1 Prices for our products may change from time to time, but changes will not affect any order you have already placed, save for in relation pricing errors, in respect of which please see clause 4.4. below.

4.2 All prices include applicable VAT in the UK. It is the customer’s responsibility to pay import taxes and local sales tax. Regulations for import duties and taxes may vary, and we are unable to control or predict the amount.

4.3 The price of a product as stated on our website includes delivery charges.

4.4 It is always possible that, despite our best efforts, some of the products on our website may be incorrectly priced. If we discover an error in connection with the price of the products you have ordered, we will let you know as soon as possible after we become aware and we will give you the option of continuing to purchase the product at the correct price or cancelling your order in respect of that product. If we are unable to contact you using the most up-to-date contact details that we have for you, we will either reject the relevant part of the order or treat the relevant part of the order as canceled and notify you by email at the address provided to us.

4.5 Our website sets out the method of payments that we accept.

4.6 We will only take payment once the order has been accepted by us (i.e. at the time of sending you a Confirmation). Products that are the subject of an order will not be dispatched until payment for all of them has been received in full by us. If we have only taken pre-authorization for payment of an order on accepting that order, we will process that payment before we deliver the products to you.

4.7 Payments for all products must be paid in Pound Sterling for orders being delivered to the UK; Euros for orders being delivered to Europe or United States Dollars for orders being delivered to the US, or such other currency as stated on our website from time to time. It is not possible to request to pay in a different currency from that advertised for your relevant Approved Delivery Location. If you are a customer whose payment method is not denominated in one of the currencies which our website offers, the final price or refund will be calculated in accordance with the applicable exchange rate on the day your relevant card issuer or bank processes the transaction. We will not be liable for any exchange rate fluctuations, commissions, charges or fees which you may incur when paying for your order or when receiving a refund.

4.8 Ownership of products that are the subject of an order will only pass to you when we receive full payment of all sums due in respect of that order, including delivery charges (if applicable).

 

5. DELIVERY

5.1 We only deliver products to an Approved Delivery Location. For the avoidance of doubt, we do not deliver to freight forwarders, lockers, depots, PO boxes, or any other similar type of third-party agent or address.

5.2 We will arrange for delivery of the products using our chosen delivery partner. We aim to deliver products to you as soon as we can and will provide you with an estimated delivery date as part of your Confirmation. Please note that the estimated delivery date is just that and we cannot guarantee delivery by the estimated delivery date.

5.3 We may deliver products in several consignments but will not charge you any extra delivery charges for this.

5.4 All products are delivered using a tracked and signed service. Both we and our relevant delivery partner will be in touch with you prior to delivery, at which point, you can elect to change the delivery date. Please note that it will not be possible to remove the need for a signature or redirect delivery to another address, safe place or person. Please note that whilst a signature will be required for your delivery, we are not in a position to verify the signature, so would advise you to sign for your order yourself and to not delegate this to a third party on your behalf. We will not be liable for any loss or damage to products which are not signed for by you. We also reserve the right (on behalf of ourselves and/or our delivery partners) to ask for ID as part of our delivery process. Please also be aware that for deliveries going to the US which exceed a total of $2500 and/or contain components which are regulated by the US Fish and Wildlife Service, US customs may require additional information from you, such as your social security number. If they do, either US customs and/or our delivery partner will be in touch directly with you to obtain the required information.

5.5 Risk of any damage to or loss of the products shall pass to you at the time of delivery.

5.6 If no one is available at your address to take delivery, our relevant delivery partner may attempt to redeliver the products and/or leave a note explaining that the products have been returned to the depot, in which case, you will need to collect the products. Please use the contact details provided by our delivery partner to arrange this collection.

5.7 If you refuse a shipment, you are responsible for the original shipping charges and the courier cost of return.

5.8 No liability can be accepted for any lost or missing items due to incorrect delivery details being provided at the time of order.

 

6. PRODUCTS

6.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colors and materials accurately, we cannot guarantee that the display of the colors or materials on your computer or device accurately reflects the true color or material of the products. Your products may vary slightly from those images, especially those which may have been handmade (in whole or in part) or made from natural materials (for example, a natural material like leather features naturally occurring surface variations and imperfections and so the color, texture, and general appearance of your product may vary slightly from images shown to you).

6.2 The packaging of the products may vary from that shown on the images on our website.

6.3 You are only allowed to purchase one (1) unit of any one (1) product unless the product is available in multiple sizes, in which case, you are allowed to purchase different sizes of the same product, or as otherwise notified by us to you from time to time. Any orders placed which exceed this limit, will be rejected or canceled. Please note, this limit applies per customer, not per order, meaning that if you attempt to purchase in excess of this limit across multiple orders or using different aliases or addresses, we reserve the right to reject or cancel any or all of these.

6.4 Any products purchased must not be resold or made available for resale on a commercial basis, which includes, but is not limited to, making them available on resale sites, as well as any attempts to purchase items on a wholesale basis. All products should be bought for personal use only and not for commercial activity which, in addition to those already referenced, include but are not limited to, buying products for use in influencing or blogging business activities.

 

7. RETURNS

7.1 All sales are final.

**Returning a product because there is something wrong**

7.2 We are under a legal obligation to supply products in conformity with the contract.

7.3 As a consumer, you have legal rights in relation to products that are faulty or not as described.

7.4 If a product is faulty or not as described, please notify us as soon as reasonably practicable and promptly return it to us in accordance with our Returns Policy (see below).

7.5 If you are entitled to a refund because your products are faulty or not as described, we will refund you all payments received from you in relation to the affected product. Any refund due to you will be made to your original payment method and will be made within 14 days after the date that we receive the relevant product back from you and have had an opportunity to inspect it and determine the nature of the problem. If we do not receive the product, we may be unable to process your return and refund.

 

Dated: March 2025