Terms and Conditions
TERMS AND CONDITIONS (“TERMS”)
Fabko Retail Inc., 4604 New Utrecht Ave, Brooklyn, NY 11219
Last updated: JANUARY 20, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the zimgi.com website (the “online store”) operated by Fabko Retail Inc. (“us”, “we”, or “our”).
Your access to and use of the online store is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
- Copyrights. All Zimgi design, text, graphics, photos and images, the choice and arrangement thereof, and all software (all
“Copyrighted Material”) are owned exclusively by Zimgi. Confers to you a non-exclusive, revocable license to view, electronically copy, and print parts of the Site for the only purpose of placing an order with ZIMGI.COM or using the Site as a shopping aid. Any other
use of materials on the Site, including reproduction, modification, distribution, or republication.
- All unauthorized use of the Trademarks is strictly prohibited. All copying or reproduction of the design and layout of the Site is not allowed. All other trademarks, product names and company names or symbols, or other designs herein are under the ownership of their respective owners.
- Use. You may only access and use the Site for your own non-commercial, informational, and personal use.
- Information about the Products on the website: Fabko Retail Inc. has made an effort to provide accurate information on the Site as a service to its users, Zimgi makes no appearance as to the preciseness, aptness, its accordance with the law, ownership or any other aspects of any nutritional data or ingredient listings of products.
- Links to Other Sites. As a convenience to Zimgi users, the Site may contain links to websites conserved by third parties. These websites are
under the governance of Zimgi.
- Disclaimer of Warranties. THE MATERIALS ACCESSIBLE FROM OR ON THIS SITE ARE FURNISHED “AS IS,” AND ZIMGI AND ITS SUPPLIERS DECIDEDLY
DISCLAIM ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A SPECIFIC PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO THIS MATERIAL. ZIMGI DOES NOT REPRESENT OR ALLEGE THAT THE INFORMATION PROVIDED VIA THIS SITE IS ACCURATE, COMPLETE OR UP-TO-DATE, AND PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. No guarantee is given that access to any information or materials on the Site or this Site as a whole will be provided without interruption or errorless or that any identified defect will be corrected. Further, no guarantee is given that the Site or any
information or materials are free from any virus or other malicious, destructive or corrupting code, agent, program, or macros. Zimgi may
change the programs or products to which it refers at any time without notice. Reference to non-Zimgi products or services is for information purposes only and determines neither an endorsement nor a recommendation.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, ZIMGI REJECTS FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER PURSUANT TO CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR DECREASE OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION
OR DATA, OR OTHER FINANCIAL LOSS OR DECREASE ARISING OUT OF OR REGARDING THE SALE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SITE AND THE MATERIALS ACCESSIBLE ON OR FROM THE SITE, EVEN IF ZIGMI HAS BEEN COUNSELED AS TO THE POSSIBILITY OF SUCH DAMAGES.
- Notice to Consumers. Some countries, states, or provinces do not permit the exclusion or limitation of implied guarantees or the
limitation of incidental or related damages or the curtailment of liability for personal injury, so these above mentioned limitations and exclusions may be limited in their application to you.
- Applicable Laws. Export of any material from the Zigi Site outside of the United States is subject to all U.S. export control laws and you agree to observe such laws. ANY CLAIMS IN REGARDS TO THE MATERIALS OR THE SITE WILL BE GOVERNED BY NEW YORK LAW, NOT INCLUDING ITS CONFLICTS OF
LAW PRINCIPLES. YOU AGREE THAT ANY DISPUTE WITH ZIMGI EMERGING FROM YOUR USE OF THE SITE WILL BE FILED EXCLUSIVELY IN THE STATE OR
FEDERAL COURTS LOCATED IN THE STATE OF NEW JERSEY, AND WITH THIS YOU AGREE THAT THIS VENUE IS APPROPRIATE.
- Adjustments to Terms and Conditions. Zimgi may reconsider these Terms and Conditions at any time. Revisions will be announced on this page and it is the user’s responsibility to review the page from time to time to assure compliance. If Zimgi requests from you to stop using
and/or to at once return or destroy any copies of the materials displayed on the Site, you will immediately fulfill this request
and will confirm in writing to Zimgi within ten (10) days that you have complied.
CONDITION OF SALE
PLEASE READ THE FOLLOWING CAREFULLY. THE TERMS AND CONDITIONS IN THIS SECTION FORM THE ENTIRE AGREEMENT BETWEEN ZIMGI AND YOU (THE
“CUSTOMER”) FOR THE SALE OF PRODUCTS BY ZIMGI TO YOU. BY ORDERING PRODUCTS, YOU CONSENT TO BE OBLIGATED TO THESE TERMS AND CONDITIONS.
- Products. Zimgi may revise or cease products at any time. Zimgi will ship products that have the same qualities and characteristics of the products ordered, but changes between what is shipped and what is described on the Site are feasible, and Zimgi reserves the right to replace with an equivalent or better product. Zimgi maintains the right, without prior notification and in its sole discretion, to restrict the order quantity on any item and/or deny service to anyone.
- Deliveries We reserve the right to refuse to ship some sensitive product during certain times of the year. You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. In the unlikely event that you have any reason to believe that any other Product in your delivery is not suitable for consumption, contact us at email@example.com and discard the item. To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable Products upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, which can be found here. From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use and consumption of the Products following delivery. We recommend that you follow the USDA’s instructions on safe food handling, which can be found here. We also recommend that all cooking instructions be followed and that you use a food thermometer to ensure that all meat, poultry, seafood and other applicable items are cooked to the USDA’s recommended internal temperatures. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups, which can be found here.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date.
You are not permitted to resell or otherwise use the Products for commercial purposes.
- Orders; Payment; No Resale. Orders are under consideration for acceptance by Zimgi. Payment must be received by Zigi before Zimgi’s acceptance of an order and must be made by credit card or another previously arranged payment method. Customer shall pay interest on all past-due amounts at the highest rate permitted by law.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
- Accounts. When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
- Taxes. The customer is obligated to pay all applicable taxes that may be levied on the sale of Zimgi articles, including without restriction, duties, customs, sales, and withholding the taxes. The customer is not liable for Zimgi franchise taxes or taxes on Zimgi’s income. If appropriate, a separate charge for taxes will be displayed on the Customer’s invoice.
- Shipping. The customer is responsible for all shipping and handling charges. An additional charge for shipping and handling will be shown on the Customer’s invoice. Zimgi will ensure a refund for damaged or destroyed items pursuant to its refund policies.
- Availability, Errors and Inaccuracies, Exchanges. Sometimes, Zimgi may, in its sole discretion, replace products or portions of a product. Any exchanges will be made pursuant to Zimgi’s exchange policies in force on the date of the exchange.
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
- Returns. Should there arise a problem with a product, Zimgi will apply reasonable efforts to correct the problem pursuant to Zimgi policy of satisfaction.
- Limited Warranties. ZIMGI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND APPROPRIATENESS FOR A SPECIFIC PURPOSE.
- Limitation of Liability. WITH EXCEPTION OF PERSONAL INJURY OR DEATH, ZIMGI TOTAL LIABILITY, WHETHER PURSUANT TO CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, IS LIMITED TO THE PRICE YOU ACTUALLY RENDERED TO ZIMGI FOR THE PRODUCTS ZIMGI SOLD TO YOU WHICH FORM THE GROUNDWORK OF YOUR CLAIM. TO THE FULLEST EXTENT PERMITTED BY LAW, ZIMGI EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER PURSUANT TO CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL. INDIRECT, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, OR FOR LOSS AND DECREASE OF REVENUE, INCOME OR PROFITS, LOSS OF INFORMATION OR DATA, LOSS OF BUSINESS, OR OTHER FINANCIAL LOSS, EVEN IF ZIMGI HAS BEEN INSTRUCTED OF THE PLAUSIBILITY OF SUCH DAMAGES.
In no event shall Fabko Retail Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
- Termination. We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Indemnification. You agree to defend, indemnify and hold harmless Fabko Retail Inc. and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
- Disclaimer. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Fabko Retail Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
- Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
- Notice to Consumers. Some countries, states, or provinces do not allow the exclusion or limitation of implied guarantees or the limitation of incidental or relating damages or the limitation of liability for personal injury, so the above curtailments and exclusions may be limited in their application to you.
- Governing Law. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NY (EXCEPT AS PERTAINING TO CONFLICTS OF LAW). THE PARTIES HEREBY AGREE TO THE EXCLUSIVE JURISDICTION OF AND VENUE IN THE FEDERAL AND/OR STATE COURTS SITUATED IN NEW JERSEY, FOR ALL CLAIMS WHATSOEVER ARISING OUT OF OR REGARDING THIS AGREEMENT.
These Terms shall be governed and construed in accordance with the laws of United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
- General Legal Provisions. Customer will adhere to all applicable laws and regulations, including U.S. export laws, rules and regulations. The terms and conditions set forth herein determine the entire agreement between Zimgi and Customer. Any changes to this agreement must be in writing and signed by both sides. The waiver by one party of any default of the other party will not waive subsequent defaults of the same or another kind. Neither party will be responsible for any failure to perform because of unforeseen circumstances or to causes beyond its control.
- Changes. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service