TERMS AND CONDITIONS OF SALE.
Please review carefully.
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
These terms and conditions of sale ("Agreement") apply to your purchase of products and/or services and support ("Product") sold worldwide by Zymöl, including its Certified Dealers, Authorised Resellers, Licensed Detailers, Licensed Studios or Partners. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify Zymöl and return your purchase pursuant to Zymöl's Return Policy.
THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH ZYMÖL, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER ZYMÖL TERMS AND CONDITIONS APPLY TO THE TRANSACTION.
1. Other Documents. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and Zymöl. If you do not receive an invoice or acknowledgment in the mail, via e-mail, or with your Product, information about your purchase may be obtained at www.zymol.com or by contacting your local sales representative.
2. Payment Terms; Orders. Terms of payment and pricing are within Zymöl's sole discretion, and unless otherwise agreed to by Zymöl. Payment must be received by Zymöl prior to our acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to in writing by Zymöl. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. Zymöl may invoice items of an order separately. Your order is subject to cancellation by Zymöl in our sole discretion. Offers for special pricing may not be combined. Zymöl electronic gift certificates can only be applied one time during a single online order entry. Printed Zymöl gift certificates can be grouped for payment application to single or multiple orders by Zymöl Customer Service. Zymöl is not responsible for pricing, typographical, or other errors in any offer and reserves the right to change prices or cancel any orders at any time.
3. Shipping Charges; Taxes; Title; Risk of Loss. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from Zymöl to Customer on shipment from Zymöl's facility. Loss or damage that occurs during shipping by a carrier selected by Zymöl is our responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify us within 2 days of the date of your receiving your order if you believe any part of your purchase is missing, wrong or damaged. Unless you provide Zymöl with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for any and all sales and other taxes associated with the order. Shipping dates are estimates only.
4. Warranties. THERE IS AN UNLIMITED WARRANTY APPLICABLE TO CUSTOMER SATISFACTION OF ZYMÖL PRODUCTS WHEN SOLD BY A ZYMÖL AUTHORISED/LICENSED PARTY. ZYMÖL-BRANDED WARRANTIES AND SERVICES ARE EFFECTIVE ON PAYMENT IN FULL, AND ZYMÖL IS NOT OBLIGATED TO HONOR ANY WARRANTY OR PROVIDE ANY SERVICE UNTIL ZYMÖL RECEIVES PAYMENT IN FULL.
5. Return Policies; Exchanges. Zymöl's return policy can be found at http://www.zymol.com/ and you agree to those terms. You must contact us directly before you attempt to return Product to obtain a Return Authorization # for you to include with your return. You must return Product to us in their original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by Zymöl, Zymöl is not responsible for Product that is lost, damaged, modified or otherwise processed for disposal or resale.
6. Changed or Discontinued Product. Zymöl's policy is one of ongoing update and revision. Zymöl may revise and discontinue Product at any time without notice to you and this may affect information saved in your online "cart." Zymöl will ship Product that has the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible.
7. Service and Support. Zymöl Service offerings are only supported by the factory when performed by a Zymöl Licensed Detailer. Using an un-licensed Detailer negates any Product warranties.
8. Limitation of Liability. ZYMÖL DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS OR LOSS OF BUSINESS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ZYMÖL WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, ZYMÖL IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
9. Not For Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States Customs Service. You agree and represent that you are buying only for your own internal use only, and not for resale or export. Zymöl has separate terms and conditions governing resale of Product by third parties and transactions outside the United States.
10. Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND ZYMÖL ARISING FROM OR RELATING TO THIS AGREEMENT, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS WHICH RESULT FROM THIS AGREEMENT, ZYMÖL'S ADVERTISING, OR ANY RELATED PURCHASE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAW.
11. Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND ZYMÖL, ITS AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, ASSIGNS, AFFILIATES (COLLECTIVELY FOR PURPOSES OF THIS PARAGRAPH, "ZYMÖL") ARISING FROM OR RELATING TO THIS AGREEMENT, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS WHICH RESULT FROM THIS AGREEMENT (INCLUDING, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), ZYMÖL'S ADVERTISING, OR ANY RELATED PURCHASE SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) UNDER ITS CODE OF PROCEDURE THEN IN EFFECT. IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN NAF CODE OF PROCEDURE AND THIS AGREEMENT, THIS AGREEMENT SHALL CONTROL. THE ARBITRATION WILL BE LIMITED SOLELY TO THE DISPUTE OR CONTROVERSY BETWEEN CUSTOMER AND ZYMÖL. NEITHER CUSTOMER NOR ZYMÖL SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE INDIVIDUAL (NON-CLASS) NATURE OF THIS DISPUTE PROVISION GOES TO THE ESSENCE OF THE PARTIES' ARBITRATION AGREEMENT, AND IF FOUND UNENFORCEABLE, THE ENTIRE ARBITRATION PROVISION SHALL NOT BE ENFORCED. THIS TRANSACTION INVOLVES INTERSTATE COMMERCE, AND THIS PROVISION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT 9 U.S.C. SEC. 1-16 (FAA). ANY AWARD OF THE ARBITRATOR(S) SHALL BE FINAL AND BINDING ON EACH OF THE PARTIES, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. ZYMÖL WILL BE RESPONSIBLE FOR PAYING ANY INDIVIDUAL CUSTOMER ARBITRATION FEES. IF ANY CUSTOMER PREVAILS ON ANY CLAIM THAT AFFORDS THE PREVAILING PARTY ATTORNEYS' FEES, OR IF THERE IS A WRITTEN AGREEMENT PROVIDING FOR FEES, THE ARBITRATOR MAY AWARD REASONABLE FEES TO THE PREVAILING PARTY, UNDER THE STANDARDS FOR FEE SHIFTING PROVIDED BY LAW. OTHERWISE, EACH PARTY SHALL PAY FOR ITS OWN COSTS AND ATTORNEYS' FEES, IF ANY.
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14. Personal Information Sharing and Image Usage. We will never share, sell, or rent your personal information with anyone unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information and to contracted service providers for purposes of providing services relating to our communications with you. When you send us images of your cars you are automatically agreeing to our use of those images at our discretion for any use without compensation to you at any time.
15. How can you stop receiving email from us? Each Newsletter email sent contains an easy way for you to cease receiving email from us. If you wish to do this, simply follow the instructions at the end of any email.
If you have received unwanted unsolicited email, sent via this system or purporting to be sent via this system, please forward a copy of that email with your comments to email@example.com.
16. Purchasing products from us? You will continue to receive email Order Confirmations each time you order. Each time you order we review the Card Holder’s Name and billing address of the credit card for a match to the data the company that provided your credit card has on file. This address verification insures both of us that the order was valid. We may need additional information to release your order.
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