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In using this website, you are deemed to have read and agreed to the following terms and conditions: The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company; Zabias LLC.
DELIVERY
1. Deliveries are made to the delivery address given at time of order. Customer accepts full responsibility for ensuring accuracy of information provided.
2. You accept and agree that we will not be held liable for deliveries that are delayed.
3. You accept and agree that we will not be held liable for deliveries that go missing. However we will make like for like replacements if a delivery goes missing due to the fault of a 3rd party (i.e. courier) after a sufficient time period has elapsed and after you agree to assist us in any subsequent investigations for compensation from said 3rd party.
5. We do not deliver to PO Box or hotel addresses.
SALES CONTRACT
1. Orders placed by you on the website www.zabias.com (the “Website”) for the products offered by us through the website are only an offer to conclude a sales contract. The sales contract is entered into upon the confirmation of the order by e-mail by us to you.
2. You are the individual or individuals placing the order (‘you’, ‘your’). You must be 18 years or over to enter into a contract with us by placing an order with us, you confirm that you are 18 years or over.
3. If you are not yet 18, you agree that you have obtained the bill payer’s permission to enter in to a contract with us.
4. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither party will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
PAYMENT
1. We accept all major credit cards (American Express / MasterCard / Visa) debit cards (Solo / Maestro / Visa Debit / Visa Delta / Visa Electron) and PayPal payments.
2. Your credit card or other account detailed at 4.1 above will be debited when you click on the “confirm” button.
3. Any credit card used for payment must be in the name of the person ordering and the same card must be carried at the time of delivery - it may be required for verification and obtaining signature on a credit card charge form for delivery.
4. All payments are processed through third party payment gateways using PCI Encryption. We do not store credit card details nor do we share customer details with any 3rd parties.
FORCE MAJEURE
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
1. strikes, lock-outs or other industrial action;
2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
5. impossibility of the use of public or private telecommunications networks;
6. the acts, decrees, legislation, regulations or restrictions of any government; and
7. pandemic or epidemic.
3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.