We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to the TOS, or any subsequent change to the TOS, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address email@example.com. We may also change registration requirements from time to time.
The account password you provide should be kept secure, and you must notify Zaggora immediately of any breach of security or unauthorized use of your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are accessing and using the Website on someone else's behalf, you represent that you have the authority to bind that person as a principal to all the TOS provided herein, and you agree to accept liability for harm caused by any wrongful use of the Website resulting from such access or use. We reserve the right to refuse service, terminate accounts, or remove or edit content, for any reason, in our sole discretion without prior notice.
ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the ZAGGORA terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to ZAGGORA, whose applications are acceptable to ZAGGORA and who have authorized ZAGGORA to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. ZAGGORA reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where ZAGGORA feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
www.zaggora.com processes all payments through SagePay, Paypal and other global payment services providers, and all credit card details are maintained on their respective system's servers[?]. www.zaggora.com and ZAGGORA Ltd do not maintain any credit card details being used by you on file. For more information on SagePay please refer to www.sagepay.com. For more information on Paypal, please refer to www.paypal.com.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
ZAGGORA offers products for sale that are in stock and available for dispatch from our distribution centre. Occasionally however, we may be waiting for shipments from our suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once stock has been delivered to us. ZAGGORA will only take Advance Purchase orders for stock that has been scheduled for delivery by a supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at ZAGGORA. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
ZAGGORA will store a record of your transactions for a minimum of one year.
Prices shown on the Site are in GBP, Euros or US Dollars (or other currencies from time to time) and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable, as indicated in the top left hand corner of the Site.
All prices and offers remain valid as advertised from time to time. The GBP, Euros or US Dollar price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error.
Product prices are set in GBP and translated in other currencies at the average weekly applicable exchange rate. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
If you are a customer whose credit/debit card is not denominated in GBP, USD or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. Your card issuer may charge for foreign transactions. Before purchasing on Zaggora.com please speak to your card issuer.
SALE PRICE ADJUSTMENT POLICY
ZAGGORA does not offer a Sale Price Adjustment. Prices at the time of purchase are final.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and Zaggora will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa, Visa Electron, Visa Debit, MasterCard, American Express, Maestro, Diners Club, JCB debit and credit cards, and any other methods which may be advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by ZAGGORA. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to ZAGGORA, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Sagepay, a secure online payment gateway that encrypts your card details in a secure host environment.
To help ensure that your shopping experience is safe, simple, and secure, www.zaggora.com uses Secure Socket Layer (SSL) technology.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
Zaggora Virtual Gift Cards ("Gift Cards") are sold subject to the following terms and conditions:
INSURANCE AND DELIVERY
ZAGGORA insures each purchase during the time it is in transit until it is delivered to your specified delivery address. Once goods have been recorded as delivered by Zaggora Logistics partner TNT or other carrier (i.e., US Mail, UPS) responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address if signed for delivery option has been selected) is evidence of delivery and fulfilment by Zaggora, and transfer of responsibility in the same way.
Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods with the exception of Advance Purchase items, in which case you will be notified of the estimated delivery times are to be used as a guide only and commence from the date of dispatch. ZAGGORA are not responsible for any delays caused by destination customs clearance processes.
The UK has a number of customs agreements with other countries. Some countries do not charge an import fee, or a customs charge. Please note that paying customs charges is your responsibility in your country of delivery. ZAGGORA will not be held responsible for any charges, customs or local taxes you may incur additionally by ordering through our website.
It may take up to 28 days to deliver your order.
In the event of product(s) being returned to our warehouse as a result of us having been given the wrong shipping address and following an unsuccessful attempt to deliver, we reserve the right to charge for shipping subsequently each time we are asked to deliver the product to the right address. In such a case, we will let you know in writing. Customers who have not received their order in such a case and have given us the wrong address reserve the right for a full refund for the product if the order is cancelled by them, but not shipping refund.
RETURNS AND EXCHANGES
CANCELLING YOUR ORDER
You have the right to cancel your order with us, provided you give us written notice within 7 working days of receipt. Notice of contract cancellation must be given in writing to:
TNT Fulfilment Services
Unit 15, Milton Park, Abingdon,
Oxfordshire, OX14 4TH
Email firstname.lastname@example.org with any further queries.
For orders cancelled we will issue you with a full refund excluding shipping cost. However, you will need to return the entire order to us by secure means to ensure it reaches us in saleable condition, at your own cost. Cancelled orders should be returned to:
TNT Fulfilment Services
Unit 15, Milton Park, Abingdon,
Oxfordshire, OX14 4TH
for all orders. All items must be returned unused and in their original condition, from the original delivery country.
We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our warehouse. In case of dispute, we also recommend you retain proof of sending. Refunds will be issued within 30 days of us receiving your cancellation notice and the goods in acceptable condition.
Please note you may only use your right to cancel the order if you give us formal written notice of cancellation within 7 working days of receiving the order, by email or post as described above, i.e. before requesting your Return Merchandise Authorization (RMA) through your Zaggora account.
Items should be returned unused and with all Zaggora tags still attached. Returns that are damaged or spoilt may not be accepted and may be sent back to the customer and/or a refund refused.
Please email email@example.com if any of your purchases have been delivered without Zaggora tags.
All items returned should have a RMA number to allow easy identification and prompt processing. Unidentified returns may be returned to the sender.
Goods are faulty if they are received damaged or where a manufacturing fault occurs or is discovered within one month of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.
If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.
We have made every effort to display as accurately as possible the colours of our products that appear on www.zaggora.com. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
Intellectual property rights
Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including Zaggora Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by Zaggora and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Zaggora tries to ensure that the information on this site is accurate and complete. Zaggora does not promise that www.zaggora.com's content is accurate or error-free. Zaggora does not promise that the functional aspects of the Site or Zaggora's content will be error free or that this Site, www.zaggora.com's content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
Opinions expressed on Zaggora videos are the personal opinions of the authors and do not reflect the views of Zaggora. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to Zaggora a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to72 hrs to be displayed but Zaggora does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail firstname.lastname@example.org. Zaggora reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libellous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Zaggora and we accept no responsibility for any such views expressed in any media.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
Use of product
You agree to make proper enquiries about how to use the product. We endeavour to advise on the product use, but this information is not complete. If you have any questions on the proper use of the product, please send an email to email@example.com
Some products may not be used by men, and some not advised to be used by women. Please ensure you are aware whether the products suit you. For more information, please write to firstname.lastname@example.org or if you have a medical question, please consult your doctor.
THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than Zaggora, including advertisers. Zaggora has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
You have certain rights under the law. In England these include:
All items are dispatched by TNT Global Logistics on behalf of ZAGGORA. For international orders, items are dispatched and delivered by TNT Post and Global Spring Mail. Please note that whilst we aim to dispatch within 24 hours of receiving your order, please allow 28 days for it to arrive.
We will not dispatch to multiple addresses in one order.
Please note that Zaggora reserves the right to charge shipping cost (and VAT) on any order made on our website. Shipping costs will be charged per product, rather than per order.
From time to time, Zaggora may choose to promote and cancel shipping costs.
Zaggora may offer free shipping on orders containing a certain minimum number of products. This offer will be valid on orders not containing a discount code or other promotion.
Any sample size products will not be eligible for free shipping unless expressly mentioned in a particular offer by Zaggora.
LIMITS ON OUR LIABILITY
Nothing in the TOS is intended to affect your rights under the law (see "Your Rights" above).
If Zaggora breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and Zaggora at the time of you placing your order, and Zaggora dispatching your order. We shall only be liable for losses up to 100% of the total value of goods purchased.
We make no representations or warranties of any kind, whether express or implied, with respect to this Website, its content, or the information available on or through it; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, we and our corporate affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of this website or any other website linked to it. We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, consequential or special damages, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.
Site provides general information on a wide range of health topics, but does not contain all the relevant information about health and medical conditions. The information on this Site is not a substitute for professional care by a qualified practitioner and should not be construed as personal medical advice or instruction. No action should be taken based solely on the contents of this site. If you are concerned about the use of the product you buy on this Site or have any other concerns or questions about your health, you should always consult an appropriate healthcare professional. You should consult your doctor prior to embarking on a vigorous exercise plan, or if you have any serious medical condition, such as back pain, high blood pressure or heart disease, or if you are pregnant. Whilst we do everything we can to bring you the trustworthy and reliable information, we cannot give an absolute guarantee that every piece of information on our Site is true, accurate or up to date at all times.
If you are using a medicine, remedy or other supplement, you should always ensure it is safe to start using Hotpants product alongside this.
The information on our Web site is not designed for use by healthcare professionals. The naming of any organisation, product, or complementary therapy or practitioner on this Web site does not imply endorsement by us. The information provided on this Site is believed to be accurate and sound, based on the best judgment available to the authors, but readers who fail to consult appropriate health authorities assume the risk of any injuries.
All statements about the results that our product has shown on the Site are personal opinions of either staff and shareholders of Zaggora Ltd, independent bloggers or customers of the Site. They are not intended to diagnose, cure, prevent or treat any diseases.
All testimonies pertain to certain individuals who have used the product. Any statements of results may not be guaranteed by the Shareholders, Directors, staff and the company. Any advice that the Site gives from time to time does not guarantee the results which some people have shown.
At our request, you agree to compensate us fully, defend us, and hold us Zaggora harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Zaggora as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Zaggora, and we shall not be liable for any representation, act, or omission on your part.
If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
The TOS together with all our policies and procedures will be governed by and construed in accordance to the relevant laws of England and Wales. Courts of England and Wales will have exclusive jurisdiction in case of a dispute.
In the event that any provision of these TOS shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these TOS unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
When you use this website, you are automatically agreeing that both your access to the website and your use of it are:
WHAT PERSONAL INFORMATION DO WE COLLECT FROM YOU AND HOW?
ZAGGORA collects personal information ("Personal Information") in several ways when you place an order, buy a gift voucher for a friend or register for a service offered by ZAGGORA. By registering, you are consenting to the collection of your personal data. If an order is placed with us, we need to hold personal information including your name, email address, phone numbers, home address, shipping and billing address(es) so that we can process and fulfil your order.
Credit/ debit card details will be saved and processed by SagePay, a global online transactions provider or Paypal. ZAGGORA does not receive your credit card number. Saved card details will never be shared with third parties and will only be used to process your order, using our payment partner's systems. Additionally we may also obtain information as a result of authentication or identity checks. Sometimes we may ask for your telephone number. This number may be given to our courier for delivery services. These details allow us to process your order and to let you know the status of your order.
WHAT ABOUT COOKIES?
HOW THIS INFORMATION MAY BE USED, INCLUDING ANYONE IT MIGHT BE SHARED WITH
ZAGGORA may use your Personal Information for the processing of orders, payments and to provide you with a personalized shopping experience. We will also use your details to fulfil and deliver your orders and manage your account. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. Your personal information may also be shared with other trading divisions within the ZAGGORA group. Where there is a legal obligation to do so, we may disclose your information to any relevant regulatory body. We may provide access to Personal Information when legally required to do so to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorized use of the Website, to limit our legal liability and protect our rights or to protect the rights, property, or safety of visitors of this Website or the public.
We may also use your Personal Information to send you marketing updates but only ever in accordance with your preferences (as detailed in the next section). We do not sell your details to third party marketing companies, unless authorized by you at purchase point.
We do collate statistical information about site traffic, sales and other commercial information which we may pass on to trusted third parties but these statistics do not include any information which can identify you personally. We see this as a value-added service helping you to find useful products or services.
Finally, we may use your Personal Information for our internal marketing and demographic studies, together with non-personal data to monitor customer patterns so we can consistently improve our site design to better meet our visitors' needs.
MARKETING OPT-IN AND OPT-OUT PROVISION
When you register, you will be given the option to opt-out of subscribing to our regular update service which will send you:
(i) Email alerts for new products, features, enhancements, special offers, upgrade opportunities, contests, events of interest, and one-off marketing promotions. Such alerts may include marketing information about ZAGGORA, our subsidiaries or selected business partners.
(ii) Direct mail alerts for new products, features, enhancements, special offers, upgrade opportunities, contests, events of interest, and one-off marketing promotions. Such alerts may include marketing information about ZAGGORA, our subsidiaries or selected business partners.
We do not sell or otherwise pass your details to third parties for marketing purposes unless authorized by you at purchase point.
At all times, we will offer you the opportunity to unsubscribe out of any service or update to which you have subscribed, if you change your mind. Any e-mail we send you will contain an easy automated unsubscribe link so that you can opt-out of that particular mailshot. Simply follow the indications in the e-mail. Alternatively you can change your email preferences or opt out of all emails by logging into My Account. To opt out of direct mail service or updates, please contact a www.zaggora.com customer care representative on email@example.com.
HOW YOU CAN ACCESS AND IF NECESSARY, CHANGE THE PERSONAL INFORMATION ZAGGORA MAINTAINS
If for any reason you are concerned that the Personal Information held by ZAGGORA is not correct, please visit the website and, after logging into the site using the "Sign In" menu on the home page, your personal information will be made available for review and change in the "My Account" section. Only you or, upon your request, the Customer Care department, may access your personal data from the website using your password and User ID. Information may be changed online within My Details, Shipping Details, and My Email Preferences. If you change your billing or shipping address while your order is still being processed, the order will be re-processed through security validation checks. If you prefer, you may contact us by email at firstname.lastname@example.org and we will amend your personal details.
SAFEGUARDING YOUR PERSONALLY IDENTIFIABLE INFORMATION
We will take reasonable care to maintain appropriate safeguards to ensure the security, integrity and privacy of the information you have provided us with. When you place an order or access your account information, we use a Secure Socket Layer (SSL) encryption which encrypts your information before it is sent to us to protect it from unauthorised use. In addition, we will take reasonable steps to ensure that third party business partners' to whom we transfer any data will provide sufficient protection of that personal information.
If you are using a public computer, we strongly encourage you to LOG OUT at the conclusion of your session. Your information will still be stored with us but it will not be accessible to anyone else from that computer.
WHERE AND HOW TO ASK QUESTIONS OR FILE COMPLAINTS
If you require more information please go to the Contact Us section of the web site and send an email to the relevant ZAGGORA department. If you wish to talk to a ZAGGORA customer care representative please write to: c/o Data Protection Officer, ZAGGORA, 2nd Floor South, 85 New Oxford Street, London, WC1A 1DT.
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties for direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address:
2nd Floor South
85 New Oxford Street
London, WC1A 1DT
Please allow 30 days for a response.