Terms & Conditions
1.1 These Terms and Conditions apply to all transactions
on the www.zimbolic.co.uk website (referred to as "the Website")
and govern all agreements between the user of these websites (referred
to as "you" and/or "your") and the operator of the Website, Zimbolic Ltd (referred to as "the Company", "we", "our" and/or "us").
Please read them carefully. They do not affect your statutory rights.
1.2 We reserve the right to change these terms and conditions at any time. Any changes will take effect on the date they are posted onto the Website. You will be asked to read and accept our terms and conditions each time you place an order with us, to ensure that you accept and are familiar with the most current ones.
1.3 All products sold on this website carry a full 12 month manufacturers warranty unless otherwise stated. Clothing Excluded.
2. Order Process
2.1 All orders placed on the Website will be subject to acceptance in accordance with these terms and conditions.
2.2 You will have an opportunity to check and correct any input errors in your order up until you submit your order (by clicking on the "Confirm" button on the Order page).
2.3 After submitting an order to us we will send you an order acknowledgement email providing you with an Order Reference Number and details of the product(s) you have ordered. This email does not constitute acceptance of the order by us.
2.4 Acceptance of your order and the creation of a legally binding contract between you and us will only occur on receipt of cleared funds by us and dispatch to you of the product(s) you have ordered.
2.5 Alternatively, we may decline all or part of your order for any reason, in which case we will notify you by email of our decision.
2.6 We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method or suggest that you visit one of our stores.
3.1 We take payment from your card when we process your order. Payment can be made by any method specified on the Website.
3.2 All prices on the Website are shown in UK pounds sterling and include any VAT payable but some items exclude delivery charges (for details of these see “Delivery “at clause 5 below).
3.3 Prices, offers and products are subject to availability and may change before (but not after) we accept your order. If something becomes unavailable we may offer you an alternative.
3.4 Every effort is made to ensure that prices shown on the websites are accurate at the time you place your order. If an error is found, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the we do not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
3.5 Title to any products you order on the Websites shall pass to you on delivery of the product(s) provided that we have processed and received payment in full for those product(s).
3.6 The total cost of your order will be the price of the product(s) you order, any additional services you choose (e.g. installation), plus the applicable delivery charge. All these will be set out clearly in your Shopping Basket before you submit your order.
3.7 If the cost of fitting, installation and/or delivery (services) is included in the price then any charge for such services will not be refunded if you subsequently return the product(s) either for a refund or for credit.
4. Returns, Cancellations and Substitutions
4.1 In the unlikely event that you receive faulty or damaged goods,
please refer to our Returns Policy. This does not affect your rights
under the Distance Selling Regulations (see Returns Policy ).
4.2 Sometimes the product(s) specifications from the manufacturer may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement you can return it to us within fourteen (14) days of delivery. Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations
4.3 All sizes and measurements given on the Website are approximate but we do try to make sure that they are as accurate as possible.
5.1 Any import (and/or other customs) duty, VAT and any other related
charges on deliveries are to be borne by you.
5.2 We have no control over VAT and related customs duties and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
5.3 All deliveries must be signed for (except items sent by post and which are small enough to be put through your letterbox). Please make sure you keep the receipt enclosed with your goods.
5.4 When you add products to your Shopping Basket, the appropriate delivery charge will be added automatically. You will always be able to see this charge before submitting your order. There are additional charges.
5.5 We do everything we can to meet the delivery times specified in the Website. However, occasionally delivery times may be affected by factors beyond our control and therefore they cannot be guaranteed. We will inform you if we become aware of an unexpected delay.
5.6 Please allow extra time for deliveries to the Scottish Islands or if you apply for credit (we need to receive your signed application form back before we can process your order; which can add more than five (5) working days to the delivery time).
5.7 If items are refused at point of delivery a 25% restocking fee will then apply.
6. Tracking Your Order
You can track the progress of your order by logging in and then going to " Track your Order ". We will inform you if there are likely to be any unexpected delays.
7. Intellectual Property
7.1 You acknowledge and agree that all copyright, trademarks and all
other intellectual property rights in all materials and/or content made
available as part of your use of the Website shall remain at all times
vested in us or (where appropriate) our licensors. You are permitted to
use this material only as expressly authorised by us or our licensors.
7.2 You acknowledge and agree that the material and content contained within the Websites is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using the Websites. You further acknowledge that any other use of the material and content of the Websites is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
8. Liability and Indemnity
8.1 Nothing in these terms and conditions excludes or limits
liability for death or personal injury caused by negligence, fraudulent
misrepresentation, or any other liability which may not otherwise be
limited or excluded under applicable law.
8.2 Subject to clause 8.1 above, we will use reasonable endeavours to verify the accuracy of any information on the Website but we make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the Websites or that they will be timely or error-free, that defects will be corrected, or that the Websites or the server that make them available are free of viruses or bugs or represent the full functionality, accuracy, reliability of the Websites. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the Websites.
8.3 Subject to clause 8.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out in our Returns Policy, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
8.4 Subject to clause 8.1 above, we shall not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
. economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
. loss of goodwill or reputation; or
. special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
8.5 Notwithstanding the above, subject to clause 8.1 our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
8.6 This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
8.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you. 8.8 The purchaser is entitled to the benefit of any warranty or guarantee received by the Company from the manufacturer of the equipment.
8.9 The purchaser shall observe all any requirements imposed by the manufacturer.
9.1 You should retain the receipt or invoice issued by us as proof of
purchase. If you return equipment for repair or exchange you should
ensure the equipment is returned in the original clean packaging. We
will not accept the goods without the original receipt or invoice and
9.2 These terms and conditions and all transactions relating to this website are governed by English law and are subject to the exclusive jurisdiction of the English courts. We do not accept amendments to these terms and conditions.
9.4 We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
9.5 If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
9.6 Any term seeking to exclude or limit liability shall be construed separately, applying and surviving even if for any reason one or other of these provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the expiry or termination of the agreement. Each of these conditions shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.
9.8 Additional terms and conditions may apply in respect of prize competitions, pre-release orders and our added value services and offers. If so, you will be alerted to them at the relevant juncture.
9.9 These terms and conditions only cover the www.zimbolic.co.uk Website. Any other websites to which you link from this site are governed by their own terms and conditions. We accept no responsibility or liability for the content or operation of websites which are not under our control. We are required by law to tell you that sales can be concluded in English only and that no public filing requirements apply.
This website is operated by Zimbolic Ltd.