Zoma Design Store / Terms & Conditions

Terms & Conditions

Welcome to the Zoma website. If you continue to browse and use this website you are agreeing to comply with, and be bound by, the following terms and conditions of use, which together with our privacy policy govern Zoma’s relationship with you in relation to this website.

The term “Zoma” or “us” or “we” refers to the owner of the website whose registered office is 10—12 Dunraven Place, Bridgend, CF31 1JD. The term “you” refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.
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 any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials 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.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without Zoma’s prior written consent.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

Please ensure that you take a few moments to review Zoma’s terms & conditions before committing to making any purchase. The placement of an order is a binding legal acceptance of these terms & conditions in their entirety.

Our responsibilities

As an online retailer, we take our responsibilities towards our customers seriously. We abide by the Electronic Commerce Regulations 2002 which transpose the main requirements of the E-Commerce Directive into UK law. The purpose of the Directive (and therefore the Regulations) is to encourage greater use of e-commerce by breaking down barriers across Europe and boost consumer confidence by clarifying the rights and obligations of businesses and consumers.

The official text of the The Electronic Commerce (EC Directive) Regulations 2002 is available in hard copy from normal suppliers and on the HMSO website

Security & Privacy

Zoma respects our customer’s privacy rights and recognises the importance of securely protecting the information we collect about them. Therefore, we have adopted a Privacy Policy, in accordance with the Data Protection Act 1998, that informs how we gather, maintain and utilise the information that customers provide to us. (This policy applies only to sites maintained by Zoma and not to any external third-party websites maintained by other companies or organisations to which we may occasionally provide links.)

Personal information collected

Zoma only collects personal information from our customers willingly, and only through the transparent processes of placing an order, contacting us for assistance or through any other process which requires a customer to willingly submit their information in order to receive access to a service. Customers purchasing goods online will need to provide valid credit or debit card details, in addition to their name, relevant addresses for billing and/or delivery, contact telephone numbers, and email address.

Our use of cookies

Cookies are pieces of information that your web browser stores on your computer's hard drive which identify you when you use our website’s services. We may use session cookies to provide a seamless experience on the site and to combine with our log files so that we can understand our site traffic.

Log files

When you visit our site we automatically log usage data about your online interaction with our services (e.g. the URL you came from, IP address, your browser type, the country where your computer is located, the pages of our website that were viewed during your visit, access times, etc.) We utilize this data for monitoring and improving our online service. Log files are not tied to personally identifiable information.

Links to other sites

This site may contain links to other websites. Please note that when you click on one of these links, you may be leaving the Zoma website and entering another third-party website. These sites may independently collect or request information about you and we encourage you to read the privacy statements of these linked sites as their privacy policy may differ from our own.

How this information may be used

The information we collect about you will only be used lawfully in accordance with the Data Protection Act 1998.

Providing us with your details allows Zoma to process your order, and also to let you know the continuing status of your order.

Your details may be disclosed to external reputable third parties, such as banks and credit processing services, but only for the sole purpose of processing your order. All such third parties treat your personal information as fully confidential, and fully comply with all applicable UK Data Protection and Consumer Legislation. We will not share your information with any parties outside our organisation at any other time (except to the extent required by law, court order, or as requested by other government or law enforcement authority.) Rest assured, your personal details will not be provided to any outside company for mailing or marketing purposes.

Zoma may occasionally use your details internally within the organisation to allow us to alert you to new products, discounts, special offers/promotions, news and events, to serve website content, or for statistical analysis purposes to improve its quality of service.

If at any point you wish to have your details removed from our customer database, you can do so by simply sending a request to us in writing.

Safeguarding this information

Zoma only collects customer information to the extent deemed reasonably necessary to serve our customer’s needs and our legitimate business purposes We will maintain the appropriate safeguards to ensure the security, integrity and privacy of this information. By using the Zoma website, you signify your consent to the Zoma Privacy Policy and agree to be bound by its terms. If you do not agree to this policy, please do not use the site. We reserve the right to make changes to this policy. Please check back from time to time to ensure you are aware of any changes we may have made to our privacy practices. Your continued use of our site will signify your acceptance of these changes, and the policy in its entirety.

Security

Zoma use the industry standard 128 bit SSL (Secure Sockets Layer) encryption for our secure servers. This is to encrypt all data as it is transferred over the Internet. When a customer enters their details via an order form hosted on our secure server, their browser will automatically inform them that encryption is being used.

Furthermore, all data stored on this secure server is encrypted again and protected by a firewall, the specification of which has been recognised by the major banks.

The secure servers are situated on a standalone private network completely isolated from other networks and connections. They have a single resilient connection to the Internet, which is serviced through dual dedicated ICSA compliant firewalls. The servers are further secured through "server lock" protection, with all credit card details encrypted through 3DES encryption.

Zoma customers' card details are kept confidential and encrypted at all times, and none of your orders will be seen by anyone other than yourself, and authorised members of the Zoma team for the sole purpose of assisting you with your order.

Prices

The prices payable for any goods ordered are clearly listed on our website. You will be required to pay the delivery charges applicable to each product ordered. Delivery charges for items are listed on the relevant product page, and are charged accordingly.

Overseas delivery charges may differ from those listed on our website, so please email us with the delivery address and the items you wish to order and we will provide a quotation.

We try to ensure that the prices quoted are correct and that all products are accurately described on this website. However, orders will only be accepted if there are no material errors in the description or price of goods displayed on this website. If we discover an error in the price or description of goods that you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order based on the correct price or description, or canceling it. If we are unable to contact you, we will treat your order as cancelled.

All reductions in price and/or credit terms are reductions against our own previous prices and terms unless otherwise indicated.

Taxes

All purchases within the UK are charged VAT at 17.5%. The prices displayed on our site are VAT inclusive.

Overseas orders may be subject to import duties and taxes, which are levied once a shipment reaches its destination country. We have no control over additional customs charges, and as such, these charges are to be paid by the Customer.

Payment options

Payments are taken online via a Customer’s Credit or Debit Card. The following Credit or Debit Cards are accepted: Maestro, Visa Debit (Delta), Visa Credit, Mastercard or American Express (Amex).

Your order will then be processed and confirmed via e-mail. For total security, payment card details are automatically encrypted. Details are then verified with the bank and orders processed once authorised.

We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

Products

We try to ensure that colours displayed on our website appear as realistic as possible, but due to digital reproduction limitations, the resolution settings of the various computer operating systems, computer platforms and attached screens, we cannot guarantee exact colour depiction.

All our sizes and measurements are approximate. Every care is taken to ensure descriptions and measurements are as accurate as possible, however slight variations may occur.

All products are subject to availability. If an item isn’t available we will inform you as soon as possible and give you the option of accepting a substitute product, or canceling your order.

All products are supplied for domestic use only and not for any commercial use. We will not be liable for any loss resulting from the commercial use of our products.

Made-to-order products

In the case of products that have been made-to-order (e.g. in a specific finish or upholstery colour, etc.) as per the customer’s specifications, we cannot process product return refunds. If the product in question has been received damaged, or defective, then a replacement will be manufactured and delivered as soon as possible.

Please note that we will not be able to change an order, claim a refund, or exchange any item, once put into production as per your original specification.

Only purchase Made-to-Order items if you are sure that the item and finish is right for your needs. Be careful to check access to your property, as delivery is on the basis that you have checked the dimensions of the item and that it fits through all doorways, stairwells and within the area of intended use. You may not return or exchange the item because it is different to what you expected following delivery, unless we have not supplied the correct item, or specification, as per the order confirmation.

Delivery & postage

Zoma offers a wide range of products of various specifications, and, understandably, we are unable to apply a single rule to all items regarding their delivery costs and procedures. However, each item available on our website clearly states it’s individual associated delivery costs and estimated delivery lead-times. Therefore, relevant charges for postage and packing will be determined at the time of order, and reflected in the Customer’s shopping cart. These charges, and the estimated delivery lead-times will be considered as accepted by the Customer upon placement of their order.

Zoma, in partnership with its chosen courier partners, will deliver ordered goods to the delivery address provided by the Customer at the time of order placement. Delivery will be made as soon as possible after an order is accepted, dependent on the relevant delivery lead-times of the product. Customers will be notified of their order’s estimated delivery date on dispatch of the goods.

Delivery dates acknowledged by Zoma are non-binding estimate timescales only, based upon the best available information regarding manufacturers lead times, and the transportation schedules provided by the required courier service. Specific delivery conditions may be requested by a Customer before purchase. However, these are accommodated at Zoma’s discretion, with prior consultation, and may be subject to further costs and conditions. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable. We shall be under no liability for any delay, or failure, to deliver the products within those estimated timescales. However, we will make every attempt to inform the Customer if there is a known delay, if possible.

All products will be sent by recorded delivery or courier dispatch and will therefore require a signature upon receipt by an adult aged 18 years, or over. Please note it may not be possible for us to deliver to some locations.

From the moment Zoma, or our selected courier service, attempts to deliver the goods they are the Customer’s full responsibility, and the Customer has to accept the goods when they are ready to be delivered. Where the Customer does not comply with our attempts to deliver the goods we may, at our discretion, cancel the entire, or part of the, order and charge the Customer 10% of the total cost of the order to cover storage, shipping and insurance of the goods.

A customer will become the rightful owner of the goods ordered only after the items have been delivered, and full payment in exchange for these items has been received by Zoma. From delivery, or placement into storage, all risks for the goods pass to the buyer.

Deliveries do not include unpacking, assembly or installation.

International orders

Should you wish for your order to be delivered to a country outside the UK mainland, please contact enquiry@zoma.co.uk for details of the associated transportation costs. Goods delivered overseas may be subject to import duties and taxes. Such taxes will be payable when the goods reach their destination. The liability for payment of such customs duties rests solely with the Customer, and Zoma has no control or liability for them.

Returns Policy

Due to the varied nature of the goods we sell, many items fall under differing rules with regards to our returns policy procedure. If you are unsure which of the rules stated in this policy may apply to a specific product, please feel free to contact us at enquiry@zoma.co.uk for further clarification.

Our Customer’s satisfaction is very important to us, and we will make every effort to ensure you are happy with the purchases you make from Zoma. The procedures outlined in this policy will help guide our relationship with our Customers in respect to the return of goods.

7 day returns

In accordance with UK Consumer Protection (Distance Selling) Regulations, Customers have a 7-day period in which to return, or exchange, a product from the point of receipt. We ask that you carefully inspect your purchases upon receipt for any signs of damage caused during transit, ensuring that the item you have received corresponds with the item you originally ordered. Please open the goods packaging carefully, making sure you retain all the original packaging, just in case you need return the item for any reason. If you find that the item doesn’t meet your expectations please contact us immediately to discuss the issue, we will then provide you with a returns reference number and arrange for our couriers to collect the items from you. No claims for return or exchange will be considered after 48 hours of receiving the goods, so please ensure you contact us immediately if there are any issues with your goods.

In accordance with the Sales of Goods Act 1979, as amended by the Sale and Supply of Goods Act 1994, Customers are not entitled to a refund, or exchange, if they simply change their mind. Refunds, or exchanges, will only be offered if the goods are found not to comply with the Sale and Supply of Goods Act. If goods are exchanged for any other reason, it will be at the sole discretion of the management and may attract a 20% service charge. Any request for redress must be accompanied by a valid receipt, or other proof of purchase.

Customers are not entitled to redress in any circumstances where they have:

accidentally damaged the goods
misused them and caused a fault, perhaps through the use of incompatible accessories; or
tried their own repair, or had someone else attempt a repair, which has damaged the goods.

Accepted returns or exchanges

After arranging a returns collection, carefully return all items to their original boxes or packaging, ensuring no items are missing. Please make certain the goods are adequately protected, and stored safely in the original delivery packaging, along with any returns documentation which may have been issued to you. Keep this delivery safely stored until collected by Zoma, or a declared courier service.

In circumstances where goods are accepted for return, or exchange, due to damage or fault, Zoma will arrange for a courier to collect the items. We will email you a returns document and ask that you please complete and enclose it in the package, and pack the item in the packing and manner of how it was received. Upon inspection and satisfactory approval by our returns personnel, we will replace the faulty item and send a replacement back at our expense. Zoma will not deliver a replacement item before the fault or damage has been confirmed. In the event that we are unable to issue a replacement, the Customer will be fully reimbursed.

In cases where a replacement item is not wanted, we will fully refund the product’s purchase price less associated delivery and collection charges. Refunds will be issued within 30 days of inspection of the returned goods and satisfactory approval by our returns personnel. The refund payments shall be credited to the original purchaser’s credit or debit card only. If an item is large or fragile, as determined by Zoma, we reserve the right to nominate a specialist handler for safe return transit, the cost of which shall passed onto the Customer. This transportation charge will be charged each time a Customer accepts a returns collection date, but then subsequently fails to meet this date.

Please note that all returns, or exchanges, must be documented by due process, and therefore have been arranged through prior consultation with Zoma. No items will be accepted under other circumstances, and no refunds issued.

Satisfactory approval from our returns personnel will not be granted to any item with any indication that it was used. The product you return must be in new, unused, condition with all the original packaging and product tags still attached. “New” and “unused” means that there are no marks on the item, or any evidence of wear. In such cases, the item will be returned to the purchaser.

Liability

Under no circumstances will Zoma be liable for any form of business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable by either party when the contract for sale was formed.

Zoma shall have no liability to pay any money to you by way of compensation, other than to refund to you the amount paid by you for the goods in question (minus any delivery charges or restocking fees).

Customers must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

Nothing in this Agreement shall limit Zoma's liability for death or personal injury caused by our negligence or breach of duty.

Guarantees & warranties

There is a minimum standard one year’s manufacturers’ guarantee. However, all products will be delivered with their own individual manufacturers’ guarantees, if applicable.

Withdrawn, discontinued or altered products

In the event that an item is withdrawn, discontinued or changed by the manufacturer then Zoma will offer an alternative, or full reimbursement, after informing the Customer involved.

Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

Events beyond our control

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

Zoma reserves the right to cancel, vary or suspend the operation of contracts of sales if events occur which are beyond our control including (and without prejudice to the generality of the foregoing) fire, floods, storm, plant breakdown, lock-outs, riots, industrial action which prevents entry to premises, hostilities, non-availability of materials or supplies or any event outside the control of Zoma and Zoma shall not be held liable for any breach of contract resulting from such an event.

Invalidity

If any part of these Terms & Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

Contract

We must receive payment for the goods you order before your order can be accepted. Until payment has been received by Zoma for the sale of our products, no contract will exist or apply between us. The charging of your card will be deemed our acceptance of your offer to purchase, and the effective communication of your acceptance to our terms. Our acceptance of your order brings into existence a legally binding contract between us.

We reserve the right to cancel the contract between us if:

We have insufficient stock to deliver the goods you have ordered,
The goods in question have been withdrawn, discontinued or altered,
We do not deliver to your area; or
One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers. If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible but in any event within 30 days of the cancellation date. We will not be obliged to offer any additional compensation for disappointment suffered.

Overseas purchasing

For overseas delivery charges please email us with the delivery address and the items you wish to order and we will provide a quotation. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs permits, pay any import duties if applicable to import goods from our site. Further more, please be aware that due to the high cost of shipping internationally the cost of delivery and return is not covered by Zoma under any circumstances so therefore purchases are entirely at your own risk.

Notices

Unless otherwise expressly stated in these Terms & Conditions, all notices from you to us must be in writing.

Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

Governing law

The contract between us shall be governed by and interpreted in accordance with English law and any dispute between us will fall exclusively under the jurisdiction of the courts of England and Wales. English is the only language offered for the conclusion of the contract.

Entire agreement

These terms & conditions, together with our current website prices, delivery details, returns policy, contact details and Privacy Policy, set out the whole of our agreement relating to the supply of goods to you by Zoma. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading. The company accepts responsibility under these terms & conditions for its commitment to you.