Terms of service

OVERVIEW

Welcome to Shop Zari! The terms "we", "us" and "our" refer to Shop Zari. Shop Zari operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated marketplace for pre-loved and new South Asian fashion (the "Services"). Shop Zari is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as 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 Privacy Policy, you should not use or access our 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 province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores, purchasing products, or submitting items for sale, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR MARKETPLACE MODEL

Shop Zari is a curated marketplace. Items listed on Shop Zari are submitted by independent sellers and reviewed by Shop Zari before being approved to go live. Shop Zari facilitates the connection, listing, payment, and dispute process between buyers and sellers, but Shop Zari is not the seller of record for items listed by independent sellers, and Shop Zari does not take physical possession of seller items prior to sale.

By submitting a listing, sellers agree that:

- All listings are subject to review and approval at Shop Zari's sole discretion, based on photo quality, accuracy of description, measurement verification, and overall fit with Shop Zari's curation standards.
- A non-refundable review fee, and an additional approval fee if the listing is accepted, may apply per our current fee schedule.
- A refundable hold (currently $12 per approved listing) may be placed on file to cover return shipping costs in the event of an approved buyer dispute. This hold is released once the listing sells without dispute, expires, or is removed.
- Sellers are responsible for accurately describing and photographing their items, including condition, measurements, and any flaws.
- Sellers ship items directly to buyers upon sale and are responsible for return shipping in the event of an approved dispute, funded through the hold described above.

By purchasing an item, buyers agree that:

- Purchases are made from the individual seller, facilitated through Shop Zari's platform and payment processing.
- Buyers have 48 hours from delivery to report an eligible dispute, as described in our Refund Policy.
- All sales are otherwise final.

SECTION 3 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products in our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings.

We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be identical to how they are depicted in our online store.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue, reject, or remove any listing or product at any time.

SECTION 4 - ORDERS

When you place an order, you are making an offer to purchase. Shop Zari reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Shop Zari confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Shop Zari may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 5 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases and listings made on Shop Zari. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges, applicable fees, and applicable taxes, if any.

SECTION 6 - SHIPPING AND DELIVERY

Items sold through Shop Zari are shipped directly by the seller to the buyer. We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, sellers, or events outside our control. Once an item is transferred to the carrier, title and risk of loss passes to the buyer, subject to the dispute rights described in our Refund Policy.

SECTION 7 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Shop Zari, its affiliates, licensors, or the sellers who submitted such content, and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Shop Zari.

Shop Zari's names, logos, product and service names, designs, and slogans are trademarks of Shop Zari. You must not use such trademarks without prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, and designs on the Services are the trademarks of their respective owners.

SECTION 8 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

SECTION 9 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

Shop Zari is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Shop Zari or the listing seller, as described in Section 2. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you, Shop Zari, and/or sellers, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions.

SECTION 11 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you.

SECTION 12 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

SECTION 14 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly, to: (a) engage in any unlawful or malicious purpose; (b) violate any laws or regulations; (c) infringe upon our intellectual property rights or the rights of others; (d) harass, abuse, or harm any other person; (e) transmit false or misleading information, including in listings; (f) submit listings for counterfeit, stolen, or misrepresented items; (g) send spam or unsolicited promotional material; (h) impersonate any other person or entity; or (i) engage in conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm Shop Zari, Shopify, or users of the Services.

You also agree not to: (a) upload viruses or malicious code; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) use bots, scrapers, or automated tools to access the Services; or (e) interfere with or bypass any security or authorization features of the Services. We reserve the right to suspend, disable, or terminate your account, including any active listings, at any time, without notice, if we determine you have violated these Terms.

SECTION 15 - AGENTS

This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of any person and that can be executed without direct supervision.

No Agent may access, use, or interact with the Services unless it identifies itself by including "Agent/[agent name]" in the request's user agent string, refrains from concealing or mimicking human behavior, responds truthfully to questions seeking to determine if interactions are from a human or computer, and does not circumvent any measures intended to control Agent access.

SECTION 16 - TERMINATION

We may terminate this agreement or your access to the Services, including removal of any listings, in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

SECTION 17 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, including information submitted by sellers in listings. Any reliance you place on such information is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY SHOP ZARI, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SECTION 18 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL SHOP ZARI, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES, ANY PRODUCT PURCHASED OR SOLD THROUGH THE SERVICES, OR YOUR INTERACTIONS WITH OTHER USERS, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Shop Zari, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of (1) your breach of these Terms, (2) your violation of any law or the rights of a third party, including in connection with any listing you submit, or (3) your access to and use of the Services.

SECTION 20 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed, without affecting the validity of the remaining provisions.

SECTION 21 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies posted by us constitute the entire agreement between you and us regarding the Services, superseding any prior agreements.

SECTION 22 - ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent. We may transfer, assign, or delegate these Terms without notice to you.

SECTION 23 - GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, and the federal and state courts located in California shall have exclusive jurisdiction.

SECTION 24 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 25 - CHANGES TO TERMS OF SERVICE

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 26 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at azrabhimani@gmail.com.

Shop Zari
azrabhimani@gmail.com
(847) 814-5333