Terms of Service
OVERVIEW
Welcome to Zalya! The terms "we," "our," and "us" refer to Zalya. Zalya operates this store and website, including all associated information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the "Services"). Zalya uses the Shopify platform, which enables us to offer you the Services.
The terms and conditions below, along with the policies referenced therein (the "Terms of Service" or "ToS"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights, including disclaimers of warranties 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 the Privacy Policy, you must not use or access our Services.
ARTICLE 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 give 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 or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for the security of your account credentials and for all activity associated with your account. You are not permitted to transfer, sell, assign, or license your account to another person.
ARTICLE 2 - OUR PRODUCTS
We have made every effort to accurately represent our products and services in our online stores. However, please note that product colors or appearance may differ from what is displayed on your screen due to the type of device you use to access the store, as well as its settings and configuration.
We do not warrant that the appearance or quality of the products or services you purchased will meet your expectations or be identical to what is presented or rendered in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.
ARTICLE 3 - ORDERS
When you place an order, you are making an offer to purchase. Zalya reserves the right to accept or refuse your order, for any reason, at its discretion. Your order is considered accepted only after written confirmation from Zalya. We must receive and process your payment before your order is validated. Please carefully check your order before submitting it, as Zalya may not be able to accept cancellation requests once the order is confirmed. In the event of refusal, modification, or cancellation of your order, we will attempt to contact you using the email address, billing address, and/or phone number provided during the order.
Your purchases are subject to the return or exchange conditions in accordance with our Refund Policy [[LINK]].
You represent and warrant that your purchases are for personal or household use, and not for commercial resale or export.
ARTICLE 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the one in effect at the time of the order and will be indicated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping fees, preparation fees, customs duties, or import fees.
Prices displayed on our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. We may, from time to time, offer promotions on our Services that may impact prices and are governed by separate terms and conditions. In case of conflict between the terms of a promotion and these Terms, the promotion's terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary.
You represent and warrant that: (i) your credit card information is accurate, correct, and complete, (ii) you are authorized to use this card for the purchase, (iii) the charges incurred will be honored by your card issuing company, and (iv) you will pay the charges incurred at the displayed prices, including shipping and handling fees, as well as all applicable taxes.
ARTICLE 5 - SHIPPING AND DELIVERY
We cannot be held responsible for delivery or shipping delays. All indicated delivery times are estimates and are not guaranteed. We disclaim all responsibility for delays caused by carriers, customs formalities, or any event beyond our control. As soon as the products are handed over to the carrier, ownership and risk of loss are transferred to you.
ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including, but not limited to, all trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio content, as well as their design, selection, and arrangement, are the exclusive property of Zalya, its affiliates, or its licensors. They are protected by U.S. and foreign patent, copyright, and intellectual property laws.
These Terms authorize you to use the Services solely for personal, non-commercial purposes. You are not authorized to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material present on the Services without our prior written consent. Except as expressly provided otherwise in these Terms, nothing shall be construed as granting you a license or any other right to any patent, trademark, copyright, or other intellectual property of Zalya, Shopify, or a third party. Any unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Zalya.
Zalya's names, logos, product and service names, designs, and slogans are trademarks of Zalya, its affiliates, or its licensors. You may not use them without Zalya's prior written permission. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans present on the Services are the trademarks of their respective owners.
ARTICLE 7 - OPTIONAL TOOLS
You may be required to use third-party client tools as part of the Services, tools that we do not monitor and over which we have no control or ability to contribute.
You acknowledge and agree that we provide access to these tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without any endorsement from us. We disclaim all liability arising from or related to your use of optional third-party tools.
The use of optional tools offered on the site is entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and agree to the terms applicable to these tools, as defined by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the provision of new tools and resources). These new features will be considered an integral part of the Services and will be subject to these Terms of Service.
ARTICLE 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including integrated third-party functionalities). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access these third-party materials or sites, you do so at your own risk.
We disclaim all liability for any harm or damage related to your access to third-party websites, or the purchase or use of products, services, resources, or content on these sites. We encourage you to carefully review the third parties' policies and practices and ensure you understand them before engaging in any transaction. Claims, complaints, concerns, or questions regarding third-party products and services should be directed directly to the relevant third party.
ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately describes the relationship between Shopify and your store and must not be deleted or modified.]
Zalya is powered by Shopify, which allows us to offer you the Services. However, any sale or purchase made in our Store is made directly with Zalya. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Zalya, including any damage, harm, or loss resulting from purchased products or services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchase and transaction with Zalya.
ARTICLE 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may also be subject to Shopify's Privacy Policy, available here. 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 regarding your access and use of the Services to provide and improve them. The information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties who may be located in countries different from your place of residence, in order to provide you with the services. Consult our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
ARTICLE 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or any other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, and non-exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes. We may, for example, use our rights under this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; (iii) your Feedback complies with these Terms. We are not and will not be obligated (1) to maintain the confidentiality of your Feedback; (2) to pay compensation for your Feedback; (3) to respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove any Feedback that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website. You are prohibited from using a false email address, impersonating anyone else, or misleading us or third parties as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
ARTICLE 12 - ERRORS, INACCURACIES, AND OMISSIONS
The Services may occasionally contain information with typographical errors, inaccuracies, or omissions, including regarding product descriptions, pricing, promotions, offers, shipping charges, transit times, or product 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 and without prior notice (including after you have submitted your order).
ARTICLE 13 - PROHIBITED USES
You may only access and use the Services for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state, or local regulation, rule, or law; (c) in a manner that infringes upon the intellectual property rights of Zalya, Shopify, or third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, use, or reuse any content that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Zalya, Shopify, users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services; (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 spam, phishing, pharming, or pretexting practices through the Services; (e) use robots, spiders, scraping tools, data harvesting or extraction tools, automated devices, AI tools (including agentic AI), or any automated or manual means to access the Services; (f) interfere with, bypass, or neutralize security or authentication features, robot exclusion headers, or any other measures we implement to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any provision of these Terms.
ARTICLE 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, authorize, enable, or cause the deployment of an Agent to access, use, or interact with the Services. An "Agent" refers to any software or service acting autonomously or semi-autonomously on behalf of or at the direction of an individual or entity, and which may be executed on or used by a person's device without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it consistently identifies itself and operates in strict compliance with the terms set forth in Section 14.4 below.
14.3 We may limit, including through technical measures, the ability and manner in which an Agent accesses, uses, and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the Agent's name by including the following in the user-agent string: "Agent/[agent name]"; (ii) not conceal or disguise the fact that access, use, or interactions originate from an Agent, including by (a) imitating human behavior or interaction patterns, or (b) bypassing or completing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) respond honestly to any question or prompt aimed at determining whether interactions originate from a human or a computer; (iv) not bypass or circumvent any measure designed to block, limit, modify, or control Agents' access, use, or interactions with the Services.
ARTICLE 15 - TERMINATION
We reserve the right to terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without prior notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.
ARTICLE 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all responsibility and liability arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY ZALYA, THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU 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. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
ARTICLE 17 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS, NOR 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, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
ARTICLE 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Zalya, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, and suppliers from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third-party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third-party, or (3) your access and use of the Services.
We will notify you of any claim covered by this warranty, provided that a failure to provide timely notice will not relieve you of your obligations, unless you suffer substantial prejudice as a result. We may assume the defense and settlement of any claim at your expense, including the choice of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your agreement (which you may not unreasonably withhold). You will cooperate in the defense of claims covered by this warranty, including by providing relevant documents.
ARTICLE 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
ARTICLE 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
ARTICLE 21 - ASSIGNMENT
You may not delegate, transfer, or assign this agreement or any of your rights or obligations hereunder without our prior written consent. Any attempted assignment in violation of the foregoing will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.
ARTICLE 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal laws and the laws of the states or territories of the competent courts in the jurisdiction where Zalya has its registered office. You and Zalya expressly consent to the territorial and personal jurisdiction of these courts.
ARTICLE 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
ARTICLE 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at zalyaa.shop@gmail.com.
Our contact information is posted below:
ZALYA
zalyaa.shop@gmail.com
76 route du stade, 24130 Prigonrieux
0673357137