These terms & conditions, along with other relevant policy mentioned, tells you about the terms & conditions on which you may use our website www.zoomfashionwholesale.com ('we', 'us' or 'our') whether accessing, browsing or registering to use our site. Please ensure you read these terms & conditions carefully before you start using our site. We recommend you print a copy of these terms & conditions for future reference. By using you site, you confirm that you accept our terms & conditions and you agree to comply to them. If you do not agree with your terms & conditions, you may not use our website.
Access to the website will be limited until you register an account with us. Accounts need to be activated, which usually takes up to 24 hours but can take longer to gain further access. We reserve the right to grant you limited access until we can verify your account information.
Our site is operated by Zoom Fashion (UK) Ltd ('we' 'us' or 'our'), a VAT company registered in England and Wales under company number 08933376. Our registered office is Zoom Fashion (UK) Ltd, Unit 1, 30 Broughton Street, Manchester, M8 8NN, UK. We are a limited company. Our contact number is +44161 834 0612
Any failure by us to exercise or enforce any right or provision of the of the terms & conditions of this website shall not constitute a waiver of such right provision.
Changes to Our Terms and Our Site
Please ensure you check this page for information about our terms & conditions from time to time, to take notice of any changes we may have made as they are binding on you. We may change the terms & conditions of this site at any time without notice.
The content of the pages of this website are provided only for your general information. They are subject to change without notice. Please note that any of the content on our website may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it will be free from errors or omissions.
Using Our Site
Our site is made available free if charge.
Our site and the content within are not guaranteed to always be available or un-interrupted. We may alter or suspend activity of all or part of the website at any time. We will not be reliable to you for any reason if there is any interruption in the site being made available for your use. We hold no responsibility to ensure anyone who accesses your site through your internet connection are aware of all the applicable terms & conditions and that they comply with them.
Without registering on our site you will have limited access, as briefly mentioned above. We have a registration process to ensure only legitimate customers have access to the entire site. Any information you choose to provide, that is provided to you, or any other information that is made known to which is relevant to you to our security procedures, you must treat as confidential. You must not disclose this information to any third party.
When reserve the right to suspend your account if we deem your use of the site to have breached any aspect of the terms & conditions of the website.
When registering on our website you also undertake:
That all the details you provide us for registering on the website and purchasing products are true, current and complete in all respects.
To notify us immediately of any changes of the information provided on registration or to use your personal information.
To only use your own account on the website, using only your own username and password.
To notify us immediately via phone or email if you suspect or know someone that may have gained unauthorised access to your account.
That you authorise us to transmit your name, address and other personal information supplied by you (including update information) to obtain information from third parties about you, including but no limited to credit reports. We will use this information on many cases to verify your identity
Your status by ordering any of the products listed on this website, you agree:
You are legally capable of entering binding contracts
You are at least 18 years of age
To be legally bound by these terms & conditions. You will be able to proceed with your transaction. If you do not accept these terms & conditions, as may be modified or amended and posted on this website from time to time.
To provide full details of delivery address.
You are not a consumer.
You are resident in one the serviced countries
You are accessing our site from that country
This website is only intended for use by customers in the United Kingdom. We can, in our sole discretion, accept order from individuals located outside the United Kingdom and ship overseas subject to you paying for the additional shipping or postage costs. You will have an opportunity to cancel your order in case these costs are not acceptable. Please see our Shipping Policy for more information. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such laws.
How the contract formed between you and us
After placing an order, you will be contacted with 24 hours (although you may have to wait longer for contact to be made occasionally) to acknowledge the order is being processed. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. A quotation for the products given by us shall not constitute an offer. All orders are subject to acceptance by us, and we will confirm such acceptance to you either by sending you an e-mail, messaging you or calling you to confirm that the product is either ready dispatched or has been dispatch. The contract between you and us will only be formed when we confirm your order has been dispatched.
The contract formed will relate only to those products whose dispatched we have confirmed with you. We will not be obliged to supply any other products that may have been part of your order until the dispatched of such products has been confirmed with you.
We may assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of our rights or obligations under the contract. You may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all your rights or obligations under a contract without our prior written consent. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
You will be subject to the version of our Policies and Conditions in force at the time that you order the Products from us, unless:
Any change to those Policies and Conditions in force at the time that your governmental authority
We notify you of any change to our Policies or these Conditions before we confirm your order is ready for dispatch; in which case, we are entitled to assume that you have accepted item unless receive written notification from you to be contrary within seven calendar days of receipt of the order being confirmed as for ready for dispatch.
Any drawings, descriptions or advertising we issue, and any description or illustrations contained on our website are published solely to provide you with an approximate idea of the contract between you and us for the sale of products.
All orders are subject to acceptance and availability. If any products are not available, yo will be notified either by email or phone. You will have the option either to wait until the item is available, alter your order or to cancel your order. It is your responsibility to provide us a valid email or phone number by which to contact you.
We shall deliver the products to the location you specified in the order process or such other location as we may agree to ('A' Delivery Location) and we will contact you with an estimated delivery date. Which method of delivery we shall be obliged to undertake shall be as selected by you in the order process. Delivery of the products shall be completed on the products arrival at the 'A' Delivery Location. In the case of delivery, someone must be available at the 'A' Delivery Location to take delivery of, and sign for the parcel(s). Any dates quoted for delivery are approximate only, and the time of delivery is not if the essence. We shall not be liable for any delay in delivery of the parcel(s) that is caused an Event Outside Our Control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply if the products. If we fail to deliver the parcel(s), our liability shall be limited to the costs and expenses incurred by you in obtaining replacement products of similar description and quality in the right cheapest market available, less the price of the products. We shall have no liability for any failure to deliver the products to the extent that such failure is caused by an Event Outside Our Control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the product. If you fail to take or accept delivery of the products within three business days of us notifying you that the products are ready, then, except where such failure or delay is caused by our failure to comply with our obligations under the contract: delivery of the products shall be deemed to have been completed at 9:00 am on the third business day after the day on which we notified you that the products were ready: and we shall store the products until delivery takes place, and charge you for all related costs and expenses (including insurance). If ten business days after the day on which we notify you that the products were ready for delivery, you have not come to collect the products (if agreed to do so) or accept delivery for them, we may resell or otherwise dispose of all part or all the products. We may deliver the products by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment. Occasionally our delivery may be affected by an Event Outside Our Control. See information about Event Outside Control for our responsibilities when this happens.
Payment can be made using the payment services online or alternatively we may contact you by phone to make payment. You can only pay for orders using a credit or debit card, using PayPal, by bank transfer or by any other method we agree to from time to time. Unless otherwise agreed by us, payment for the products and all applicable delivery charges is in advance. Payment will be debited and cleared from your account before the dispatch of the goods to you. Without full payment for your, we will not ship your order. Only once payment is taken for your order are we able to ship your order to you.
The products will be at your risk from the time of delivery. Title of the product will only pass to you on completion of payment for the products. Until title to the products has passed to you, you shall: store the products separately from all other products and goods held by you so that they remain readily identifiable as our property; not remove, deface or obscure any identifying mark or packaging on or relating to the product(s); maintain the products in satisfactory condition and keep them insured against all risks for their full price from the day of delivery; notify us immediately if: you suspend, or threaten to suspend, payment of your debts, or are unable to pay your debts as they fall due or admit inability to pay your debts or (being a company or a limited liability partnership) are deemed unable to pay to your debts within the meaning of section 123 of the Insolvency Act 1986 or (being in individual) are deemed either unable to pay your debts or as having no responsible prospects of so doing, in either case, within the meaning the section 268 of the insolvency Act 1986, or (being a partnership) have any partner whom any of the foregoing apply; or you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or makes a proposal for or enters into any compromise or arrangement with your creditors; (being a company) a petition is filed, a notice is given, a resolution is passed. or an order is made, for or in connection with your winding up; (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice or intention to appoint an administrator is given or if an administrator is appointed over you; (being a company) the holder of a qualifying floating charge over your assets has become entitled to appoint or has appointed an administrative receiver; a person becomes entitled to appoint a receiver over assets or a receiver is appointed over our assets; (being a individual) you are the subject of a bankruptcy petition or order; any of your creditors or encumbrances attaches or takes possession of, or a distress execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachments or process is not discharged within fourteen days; or any event occurs, or proceeding is taken, with respect to you in any in any jurisdiction to which you are subject that has an effect equivalent to any of the events mentioned above; give us such information relating to the products as you may require from time to time.
Subject to the information listed below, you may resell or use the products in the ordinary course of your business (but not otherwise) before we receive payment for the products. However, if you resell the products before that time: You do so as principal and not as our agent; and title to the product shall pass from us to you immediately before the time at which resale by you occurs. If before title to the products passes to you, you becomes subject to any of the events listed in the proceedings paragraph, then, without limiting any other right or remedy we may have: your right to resell the products or use them in the ordinary course of your business ceases immediately; and we may at any time: require you deliver up all products in your possession which have not been resold, or irrevocably incorporated into another product; and if you fail to do so promptly, enter any of your premises or that of any third party where the products are stored in order to recover them.
By placing an order, you consent to payment being charged to your debit or credit card or electronic payment account as provided when placing the order. In cases where you wish not to provide any payment information online but wish to place an order for payment via phone, we will contact you once an order is placed and take payment via phone.
When you pay for your order by card, we will carry out certain checks that include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer registered car reference agencies and fraud presentation agencies.
By accepting these Conditions, you;
Undertake that all the details you provide to us for the purpose of purchasing the product are correct an that the payment card you are using is your own and that there are sufficient funds to cover the costs of your (including any applicable taxes and delivery costs).
Authorise us to transmit the payment and delivery information provided by you during the order process (including any updated information) for the purpose of obtaining the authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment and for other security reasons, such as fraud prevention.
If there are any issues in taking payment, we will contact you.
If you fail to make any payment due to us under the Contract by the due date for payment, then you shall pay interest on the over due amount at the rate of 4% per annum above Bank of England's base rate from time to time. Such interest shall occur on a daily bases from the due date until actual payment of the overdue amount, whether before or after judgement. You shall pay the interest together with the over due amount.
You shall pay all amounts due under the Contract in full without any set-off, counterclaim. deduction or withholding (except for any deduction or withholding required by law). We may at any time, without limiting any other rights or remedies we may have, set off any amount owing to us by you against any amount payable by us to to you.
We will take all reasonable care, in so far as it is 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 unauthorised access to any data you provide when accessing or ordering from our website.
Prices for each style can be found on the website once you are registered user.
Prices take careful note of the number of items, usually referred to as the pack size, that relate to the price quoted.
Prices quoted on the website do not include delivery costs. To understand what delivery charges may apply to any order you place, please see our Shipping Policy.
Unless otherwise stated prices exclude any applicable taxes. Any applicable taxes, as well as any applicable delivery costs, will be added to the total amount due from you.
We reserve the right, by giving yu notice at any time before delivery or performance of our obligation to you, to increase the price of the product to reflect any increase in the cost to us due to any factor beyond our control. Factors beyond our control include nut are not limited to, any change in foreign exchange fluctuation, significant increases in the costs of labour materials or other costs of manufacture.
The prices of the products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered onto our system. Prices for our products may change from time to time, but changes will not affect any order you have already placed. If we discover an error in the price of the products you have ordered, we will contact you ti inform you of this error and we will give you the option of continuing to purchase to products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.
Voucher Codes and Promotions
These cannot be used in conjunction in other vouchers codes or promotions. First the first order discount code there will a minimum spend of £50 subtotal excluding tax. We reserve the right to withdraw any promotional discounts and to refund any others that involve the use if invalid or incorrect voucher/discount codes. This does not effect rights as a consumer.
We may choose to contact you via phone, email, messaging services, post or by other means of communication. You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communication will be in writing.
Intellectual Property Rights
The website contains material which is owned by or licensed by us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited unless a relevant third party or Zoom Fashion (UK) Ltd. give you permission. The works are protected by copyright, trademark and other intellectual property rights, laws and treaties around the world. All such rights are reserved.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
You are not permitted to publish, transmit, manipulate, display, exploit commercially, create, works based on this website, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website. Use for any other purpose is strictly prohibited without prior written permission from us or any relevant third party. Our status (and that any identified contributors) as that authors of content on our site much always be acknowledged.
If you print off, copy or download any part of our site in breach of these terms if use, your right to use our site will cease immediately and you much, at your option, return or destroy any copies of the materials you have made.
No reliance on information
Although we make reasonable efforts to verify and update the information on our site, neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for such inaccuracies or errors to the fullest extent permitted by law.
The content on our site is provided fir general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Zoom Fashion (UK) Ltd takes great care with colours used in the collections. The limitations of colour reproduction and the individual colour settings on your screen may mean a slight variation between what the garment colour is and what it appears via our website. Every reasonable care has been taken to ensure the descriptions and images of a product accurately describe a colour of a style.
We take great care to select styles that are of great quality, manufactured such that each piece if a certain style is the same composition, design and size. However, due to the different process of the manufacturers we work with, we cannot guarantee different pieces of a style will be of the same composition., design and size. Furthermore, a number of styles are individually handcrafted using various techniques, such as batik and tie-dye. In these styles colours, design and embroidery variations are inherent in the handmade process. Any irregularities add to the creative uniqueness of the garment.
All of our garmets are UK sizes, and size may very within your country. Please check your country size chart before making any purcheses.
Third Party Rights
Except for our affiliates, directors, employees and representatives, a person who is not a partly to the contract has no right under the contracts (Rights of Third Party) Act 1999 to enforce any term if the contract but this not affect any right or remedy of a third party that exists or is available apart from that Act.
Limitations of our liability
Limitations Of Liability For Use Of This Website
Your use of any information or material on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. So far as permitted by law (and except in respect to death or personal injury arising from negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by English law) we exclude any liability for loss or damage of any kind resulting from the use of the site (including the reliance upon any information gained on it) or in connection to any interaction or indirect connection to Zoom Fashion (UK) Ltd.
We are not liable to any user for:
Any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable arising from any use of the website or in connection to any interaction or indirect connection to Zoom Fashion (UK) Ltd, in particular, including but not limited to, arising under or in connection:
- Use of, or inability to use our site
- Use of or reliance on any content displayed on our site
Loss of profits, sales, business or revenue
Loss of business opportunity, goodwill or reputation; or
Any indirect or consequential loss or damage
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other person accessing the website using your personal information with your authority.
This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
We exclude to the extent permitted by law , all terms or polices (including conditions, warranties, representation or other terms) which may apply to any aspect of our website or the content on it, whether explicitly stated or implied. From time to time, this website may also include links to other websites.These links are provided for you for you convenience to provide further information. They do not signify that we endure the website(s). We have no responsibility for the content of the linked website(s) and will not be liable for any loss or damage that may arise from your use of them.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
Limitation Of Liable For Supply Of Stock
Nothing on these Terms limits or excludes our liability for: death or personal injury caused by our negligence of our employees, agent or subcontractors (as applicable); fraud, or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); defective products under the Consumer Protection Act 1987; or any matter in respect of which it would be unlawful for us to exclude or restrict liability.
We will under no circumstances whatever be liable to you, whether in contract,tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with the Contract for: any loss of profits, sales, business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss.
Subject to the preceding paragraph, our total liability to you in respect of all losses arising under or connection with the Contract. whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price you have paid for the products.
Except as expressly stated in these Terms, we do not give any representation warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by thrid parties, civil commotion, riot, invation, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: we will contact you as soon as reasonably possible to notify you; and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended of the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel a Contract affected by an Event Outside Our Control that has continued more than 60 days. To cancel, please contact us. If you opt to cancel, you will have to return (at our cost) an relevant products you have already received and we will refund the price you have paid, including any delivery charges.
Prohibitions & Viruses
You will not commit or encourage a criminal offence; transmit or distribute a virus, Trojan, Worm, Logic Bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the website service; data corrupt data;cause annoyance to other users; attack our site via a denial-of-service attack or a distributed denial-of-attack; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as 'spam' or attempt to affect the performance or functionality of any computer facilities of accessed through the zoomfashionwholesale.com website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. We will report such breach to the relevant law enforcement authorities and disclose your identity to them. In the even of such a breach, your right to use our site will cease immediately
We do not guarantee that our site will secure or free from bugs or viruses.
You are responsible for configuring your information, technology, computer programmes and platforms in order to access your site. You should use your own virus protection software.
In there Conditions, the following rules apply; A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality). A reference to a party includes its personal representatives, successors or permitted assigns. A reference to a statute or statutory provision is reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under the statute or statutory provision, as amended or re-enacted. Any phrase introduced buy the terms including, include in particular or any similar expression shall be be construed as illustrative and shall not limit the sense of the words proceeding those terms. A reference to writing or written includes e-mails.
Unauthorised use of this website may give rise to a claim for damages and /or be criminal offence.