Terms & Conditions
1. Contract
The Terms and
Conditions given here govern the supply of goods sold by Zest 365 Ltd,
65 Hoxton Street, Girlington, Bradford, England, BD8 9NQ (UK). The
parties Zest 365 ("we" and "us") to the
customer ("you") these constitute the entire and only agreement
between the parties. All orders placed are subject to acceptance by delivery of
the goods to you at which point a legally binding contract is constituted
between the parties on these Terms and Conditions.
2. Price and
Payment
2.1 The price payable for the goods you order
is as set out on our web site at the time you place your order plus any
charges for packaging and posting. We reserve the right to change the
price of goods due to market conditions but we will confirm the prevailing
price with you before accepting your order. We are not obliged to accept your
order for such goods and may decline it or limit the order quantity.
2.2 On occasions, the prices payable of goods advertised on our web site
may differ from those prices offered in store or in one of our trade counters,
and we are under no obligation to honour any web site price if there is such a
difference. Occasionally an error may occur with our web site and goods may be
incorrectly priced in such cases we will not be obliged to supply the goods at
the incorrect price.
2.3 We must receive payment for the whole of the price of the goods you
order, and any applicable charges for packaging and posting, before your order
can be accepted unless we have agreed otherwise in advance in writing.
3. Delivery and Ownership
Unless you
order and collect the goods from our store, we will deliver them in accordance
with your order. A valid signature will be required on collection or delivery. Re-directions can be made for an extra postage and administrative charge but we
will not be responsible for customers not responding to delivery attempts. For
reasons of health and safety and to avoid any property damage, most 'Heavy
Stuff' items can only be delivered to a ground floor location at the delivery
address. Upon delivery of the goods to you, the goods shall be at your risk. In
spite of delivery having been made, ownership in the goods shall not pass to
you until you have paid the price for the goods in full and no other sums
whatsoever shall be due to us from you.
Important: Please open and fully check the contents of your delivery before signing to confirm receipt. Mistakes and damages cannot be rectified unless noted and reported at the point of accepting your delivery.
Whilst we aim to get your order(s) to you within the specified time as shown on our delivery information, sometimes in circumstances beyond our control this might not be possible. We can only apologise for the inconvenience caused under these circumstances such as;
- Adverse weather & natural calamities such as floods, storms, accidents and disasters, Covid-19.
- Technical glitches such as IT systems, electric and/or internet service outages.
- Strikes - both Zest 365 staff and those of courier services providers.
- Bank Holidays such as Christmas and New Year - when both Zest 365 staff and that of the courier service providers might be on leave.
- Loss in Transit.
* Free Delivery may not be available during other promotions running at the same time.
4. Availability
While we
endeavour to hold sufficient stock to meet all orders, if we have insufficient
stock to supply or deliver the goods ordered and paid for by you, we may, at
our discretion, supply or deliver a substituted product or refund you the price
paid for such goods within 30 days or, in the case of an account customer, we
may, in our absolute discretion, raise a credit note to offset the amount
invoiced to you.
5. Cancellation, Returns, Refunds & Exchanges
5.1 Customers have the right to cancel their order(s) within 14 working days from the day the goods are delivered to them.
5.2 Customer must produce the original purchase receipt, without a valid receipt we will not process any refunds/returns.
5.3 For made-to-measure/custom-made or personalised items we will not accept any returns and/or issue a refund unless the goods being returned are faulty.
5.4 if the purchase has been made with a Credit/Debit card then the return/refund will only be made to that card within 3-5 working days i.e. we will not be able to pay cash.
5.5 if the purchase has been made via online banking/PayPal then the return/refund will be made to customers' bank/PayPal account within 3-5 working days, under normal circumstances.
5.6 for cash purchases, we will pay cash if the return is made in person or will transfer the amount to customers bank/PayPal account, provided a valid purchase receipt is produced.
5.7 Customers must return the goods unworn/unwashed to qualify for a refund, within 14 days of receipt.
5.8 To exchange items, goods must be returned unworn/unwashed within 28 days of receipt.
5.9 On cancellation for whatever reason, you must return the goods to us at your cost unless the goods returned are notably faulty.
5.10 On
cancellation for whatever reason, you must return the goods to us at your cost
unless the goods returned are notably faulty.
5.11 Refunds are given minus postage costs unless the goods returned are notably faulty.
5.12 Please make sure you have checked your size/colour and/or any other option(s) before you place your order. Orders made by customers, with incorrect sizes/colours and/or any other option(s) will not be eligible for free returns/refunds/exchanges. All returns, refunds and exchanges will be subject to our Returns Policy and returns/refunds for incorrect orders will be paid less delivery costs i.e. customer will bear the costs of delivery unless the item(s) being returned, refunded and/or exchanged is/are notably faulty on our part.
Important:
Please ensure that you have provided the correct;
- Size
- Colour
- Delivery
address.
- Email
address &
- Phone No.
· We do not assume and/or accept any liability for wrong orders made by customers.
· Please open and fully check the contents of your delivery before signing to confirm receipt. Mistakes and damages cannot be rectified unless noted and reported at the point of accepting your delivery.
· Returns/Refunds will only be accepted if the item we provide is notably faulty and/or is not as described.
Please notify us of the problem at the time of cancellation either by:
- filling and submitting the "Returns" form on our website or
- sending an email to "Returns" or
- calling us on "+44(0) 1274 317 365" or
- sending us a WhatsApp Chat request.
6. Liability
If you have
notified us of a problem with the goods within 14 days of delivery, we will
(subject to clause 4) either replace or repair any goods that are damaged or
defective upon delivery; or refund to you the amount paid by you for the goods
in question. We will not be liable to you for any loss of profits,
administrative inconvenience, disappointment, indirect or consequential loss or
damage arising out of any problem in relation to the goods and we shall have no
liability to pay any money to you by way of compensation other than any refund
we make under these conditions. This does not affect your statutory rights if
you are a consumer, nor is it intended to exclude our liability to you for
fraudulent misrepresentation or for death or personal injury resulting from our
negligence.
7. Limited
Companies
Those signing
the Trade Credit Account Application Form on behalf of limited companies do so
as guarantor and irrevocably undertake to guarantee the payment of all monies
owing to us by the relevant limited company if we believe that the limited
company cannot meet its obligations. If the limited company goes into
receivership, liquidation or administration the guarantor will pay to the
receiver, liquidator or administrator, as the case may be, such sum as will
enable him to pay all monies owed to us by the limited company.
8. Age Requirement
Where the law
requires a minimum age limit for the purchase of specific goods, you confirm
that you are over the required age limit and that delivery will be accepted by
a person over the required age limit. We reserve the right to cancel your order
if we reasonably believe you are not legally entitled to order certain goods.
9. Termination
We may
suspend further supply or delivery, stop any goods in transit or terminate our
contract by notice in writing to you if you are in breach of an obligation
hereunder or you become unable to pay your debts when they fall due or
proceedings are commenced by or against you alleging bankruptcy or insolvency.
Upon termination, your indebtedness to us becomes immediately due and payable
and we shall be under no further obligation to supply goods to you.
10. Force Majeure
We shall have
no liability to you for any failure or delay in supply or delivery or for any
damage or defect to goods supplied or delivered hereunder that is caused by any
event or circumstance beyond our reasonable control (including, without
limitation, strikes, lockouts and other industrial disputes).
11. General
If any part
of these conditions is invalid, illegal or unenforceable (including any
provision in which we exclude our liability to you) the validity, legality or
enforceability of any other part of these conditions will not be affected. This
contract shall be governed by and interpreted in accordance with English law.
12. Zest
365 Ltd Special Guarantee
If an item is
unsuitable, please send back to us as soon as possible so that we could get it
exchanged/refunded for you within seven days of receiving the item from you
subject to availability and Terms & Conditions.
13. Use of our
website
Your use of
our website is subject to our Privacy &
Cookie Policy which you you agree to before accessing our
website.
14. Disclaimer
All items in
the catalogue as well as on the website are subject to availability. There may
be slight variations in designs, colours and sizes. Please note that colours
can not be guaranteed. Please wash items separately. All the descriptions are
correct at the time of printing and uploading. Errors and Omissions
Excepted.