Terms of service
OVERVIEW
Welcome to ZipMar. The terms “we,” “us,” and “our” refer to ZipMar. ZipMar operates this store and website, including all related information, content, features, tools, products, and services in order to provide customers with a curated shopping experience (the “Services”).
ZipMar is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when you access or use the Services.
Please read these Terms of Service carefully because they contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use the Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or jurisdiction of residence, or that you are the age of majority and have given permission for any minor dependents under your responsibility to use the Services on devices you own, purchase, or manage.
To use certain Services, including purchasing products, you may be required to provide information such as your name, email address, billing information, payment information, and shipping address.
You represent that the information you provide is accurate, current, and complete and that you have the legal right to provide such information.
You are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account.
You may not transfer, sell, assign, or license your customer account to another person without our permission.
SECTION 2 - OUR PRODUCTS
We make reasonable efforts to accurately describe and display the products and services offered through our store.
However, product colors, packaging, appearance, dimensions, or other characteristics may appear differently depending on your device, screen settings, manufacturer changes, or other factors.
We do not guarantee that the appearance of a product on your screen will exactly match the physical product.
Product descriptions, availability, pricing, specifications, packaging, and other details may change without notice.
We reserve the right to discontinue products, limit quantities, or limit sales to particular persons, geographic regions, or jurisdictions on a case-by-case basis, subject to applicable law.
SECTION 3 - ORDERS
When you place an order with ZipMar, you are making an offer to purchase the products in your order.
ZipMar reserves the right to accept, decline, limit, or cancel an order when reasonably necessary, including for suspected fraud, payment issues, inventory errors, pricing errors, quantity limitations, violations of these Terms, or other legitimate business reasons, subject to applicable law.
An order is not considered accepted until ZipMar confirms acceptance and payment has been successfully processed.
Please review your order carefully before submitting it.
Cancellation requests may be submitted within 1 hour of placing an order, provided the order has not already been fulfilled or shipped.
Because ZipMar processes orders quickly, we cannot guarantee that a cancellation request can be completed before fulfillment begins.
Once an order has been fulfilled or shipped, it can no longer be canceled. Eligible products may instead be returned in accordance with our Return & Refund Policy.
If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing information, shipping information, or phone number associated with the order.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions may change without notice.
The price charged for a product will generally be the price displayed when the order is submitted and will appear in your order confirmation.
Unless otherwise stated, posted prices do not include applicable taxes or shipping charges. Applicable charges will be displayed during checkout before you submit your order.
Prices available on ZipMar may differ from prices offered by third-party retailers or marketplaces.
Promotions may be governed by separate terms and conditions. If specific promotion terms conflict with these Terms, the promotion-specific terms will control for that promotion.
You agree to provide current, complete, and accurate billing, payment, purchase, and account information.
You represent that:
- Payment information you provide is accurate.
- You are authorized to use the payment method provided.
- Charges submitted through that payment method will be honored.
- You will pay all authorized charges, including applicable shipping charges and taxes.
SECTION 5 - SHIPPING AND DELIVERY
Shipping rates, processing times, estimated delivery times, tracking information, and procedures relating to lost or damaged shipments are described in our Shipping Policy.
ZipMar currently offers domestic shipping within the United States based on the shipping options available at checkout.
Delivery dates and transit times are estimates unless expressly stated otherwise.
Delivery may be affected by carrier delays, weather, holidays, address issues, transportation disruptions, or other circumstances outside ZipMar’s reasonable control.
Nothing in these Terms limits any rights or remedies available to customers under applicable law regarding lost, damaged, defective, incorrect, or undelivered merchandise.
SECTION 6 - INTELLECTUAL PROPERTY
The Services, including applicable trademarks, brand elements, text, graphics, images, photographs, videos, audio, website design, layout, and other content owned by or licensed to ZipMar, are protected by applicable intellectual property laws.
These Terms allow you to use the Services for personal, lawful, non-commercial purposes.
Except where permitted by law or authorized by ZipMar, you may not reproduce, distribute, modify, republish, download, display, transmit, sell, license, or exploit materials owned by or licensed to ZipMar.
Nothing in these Terms grants you ownership of, or a license to use, trademarks, copyrights, patents, or other intellectual property belonging to ZipMar, Shopify, manufacturers, licensors, or other third parties except as expressly stated.
Names, logos, trademarks, product names, and other intellectual property belonging to third-party manufacturers or brands remain the property of their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools or functionality that we do not own, control, or monitor.
Such tools may be provided “as is” and “as available,” without warranties, representations, or endorsements from ZipMar.
Your use of third-party tools is at your own discretion and may also be governed by the terms and privacy policies of the applicable third party.
We may introduce new tools, features, or resources in the future. Such additions may also be governed by these Terms.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links, embedded functionality, content, or materials provided by third parties.
ZipMar is not responsible for examining, verifying, or guaranteeing the accuracy, legality, availability, security, or content of third-party websites or services.
If you leave ZipMar to access a third-party website or service, you do so at your own discretion.
ZipMar is not responsible for losses, damages, purchases, services, resources, or transactions entered into directly with third-party websites.
You should review the terms, privacy policies, and practices of third-party providers before entering into transactions with them.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
ZipMar is powered by Shopify, which enables us to provide the Services to you.
However, purchases and sales made through our store are transactions directly between you and ZipMar.
By using the Services, you acknowledge that Shopify is not the seller of products purchased from ZipMar and is not responsible for the products sold by ZipMar, except to the extent required by applicable law or expressly provided by Shopify.
Shopify and its affiliates are not responsible for injuries, damages, losses, product claims, or other issues arising solely from purchases or transactions between you and ZipMar, except where liability cannot legally be excluded.
SECTION 10 - PRIVACY POLICY
Personal information collected through the Services is handled in accordance with our Privacy Policy.
Because the Services are hosted by Shopify, Shopify may also collect and process information relating to your access to and use of the Services in order to provide and improve its services.
Certain information may be shared with Shopify and other service providers that assist in operating our store, processing payments, fulfilling orders, providing analytics, preventing fraud, delivering marketing, or providing other business services.
Please review our Privacy Policy and Shopify’s applicable privacy policies for more information.
SECTION 11 - FEEDBACK
If you submit reviews, comments, ideas, suggestions, feedback, proposals, photographs, or other content to ZipMar, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, publish, distribute, display, and otherwise use that content for legitimate business purposes, subject to applicable law and our Privacy Policy.
You represent that you have the necessary rights to submit such content and that it does not violate any law or the rights of another person.
You agree not to submit content that is unlawful, defamatory, abusive, deceptive, obscene, infringing, malicious, or harmful.
We may monitor, remove, or decline to publish content that violates these Terms or applicable law.
You remain responsible for the accuracy and legality of content you submit.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, availability, delivery times, or other matters.
Subject to applicable law, we reserve the right to correct errors or inaccuracies, update information, and cancel or modify orders when information was materially incorrect at the time an order was submitted.
If an order is affected, we will attempt to notify you when appropriate.
SECTION 13 - PROHIBITED USES
You may use the Services only for lawful purposes.
You may not use the Services, directly or indirectly:
- For unlawful, fraudulent, abusive, or malicious purposes.
- To violate federal, state, local, or other applicable laws or regulations.
- To infringe intellectual property or proprietary rights.
- To harass, threaten, abuse, defame, impersonate, intimidate, or harm another person.
- To submit false, deceptive, or misleading information.
- To upload or transmit malware, viruses, malicious code, or harmful technology.
- To send spam, phishing messages, deceptive solicitations, or unauthorized advertising.
- To collect or track personal information of others without authorization.
- To interfere with the functionality, security, or availability of the Services.
- To bypass access restrictions, authentication systems, security measures, or other technical controls.
- To use the Services in a manner that violates these Terms.
We may suspend, restrict, or terminate access to the Services if we reasonably determine that these Terms have been violated.
SECTION 14 - AGENTS
For purposes of this section, an “Agent” means software or a service that takes autonomous or semi-autonomous actions on behalf of or at the instruction of a person or entity.
An Agent accessing or interacting with the Services must identify itself appropriately and comply with applicable technical, security, and access requirements.
Agents must not conceal or misrepresent automated access, circumvent CAPTCHAs, bypass security controls, impersonate human users, or evade restrictions intended to manage automated access.
We may use technical measures to limit, restrict, or block automated access to the Services.
If we request that an Agent stop accessing or interacting with the Services, such access must cease.
SECTION 15 - TERMINATION
We may suspend or terminate your access to the Services when reasonably necessary, including for violations of these Terms, unlawful activity, fraud, security concerns, abuse, or other legitimate business reasons, subject to applicable law.
Termination does not eliminate payment obligations or liabilities that arose before termination.
Sections that by their nature should survive termination, including intellectual property, disclaimers, limitation of liability, indemnification, privacy, and governing law provisions, will continue to apply.
SECTION 16 - DISCLAIMER OF WARRANTIES
Information provided through the Services is intended for general commercial and informational purposes.
We do not guarantee that all information available through the Services will always be complete, current, uninterrupted, error-free, or available.
To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.
Except where expressly stated by ZipMar or required by law, we disclaim warranties and conditions that may otherwise apply, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
Some jurisdictions do not permit certain warranty exclusions or limitations, so some of these exclusions may not apply to you.
Nothing in these Terms is intended to exclude, restrict, or limit any right or remedy that cannot legally be excluded, restricted, or limited under applicable law.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, ZipMar, its owners, officers, employees, affiliates, agents, contractors, licensors, service providers, and suppliers will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages arising from or related to the use of the Services or products purchased through the Services.
This may include, where permitted by law, loss of profits, revenue, savings, data, business opportunities, or similar losses.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.
Some jurisdictions do not allow limitations or exclusions of certain damages, warranties, or liabilities. In such jurisdictions, these limitations apply only to the maximum extent permitted by law.
SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless ZipMar, Shopify, and our respective affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, damages, liabilities, or reasonable legal fees arising from:
- Your material breach of these Terms.
- Your violation of applicable law.
- Your infringement of another party’s legal rights.
- Your unlawful or unauthorized use of the Services.
We will provide reasonable notice of an indemnifiable claim when practicable.
Nothing in this section requires indemnification where such an obligation would be prohibited by applicable law.
SECTION 19 - SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed to the minimum extent necessary.
The remaining provisions will continue in full force and effect.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
A failure by ZipMar to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, together with policies and operating rules published through the Services, constitute the agreement between you and ZipMar regarding your use of the Services and supersede prior agreements or communications concerning the same subject matter.
To the extent permitted by law, ambiguities in these Terms will not automatically be interpreted against the drafting party.
SECTION 21 - ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.
ZipMar may assign or transfer its rights or obligations in connection with a merger, sale, reorganization, transfer of assets, change of control, or other legitimate business transaction, subject to applicable law.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide Services shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and applicable federal laws of the United States, without regard to conflict-of-law principles.
Subject to applicable law, you and ZipMar consent to the venue and personal jurisdiction of the applicable state and federal courts located in Massachusetts.
Nothing in this section deprives a consumer of protections or rights that cannot legally be waived under applicable law.
SECTION 23 - HEADINGS
Section headings are provided for convenience only and do not limit or otherwise affect the interpretation of these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You may review the current version of these Terms of Service at any time on this page.
We may update, modify, or replace portions of these Terms from time to time.
Where required by applicable law, we will provide notice of material changes.
Unless otherwise stated, updated Terms become effective when posted or on the effective date stated in the applicable notice.
Your continued use of the Services after updated Terms become effective constitutes acceptance of those Terms, to the extent permitted by applicable law.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service may be sent to:
ZipMar
89 Northgate Rd
Northborough, MA 01532
United States
Email: info@zipmar.com
Phone: 508-596-7680
