Website Use Agreement
Design Zola would like to take the opportunity to thank you for making our furniture or accessories a part of your décor. We do our best to make your shopping experience smooth and pleasurable. Please read this Agreement carefully as it governs your use of our website.
1. Acceptance to this agreement
This is a binding Agreement between you and all persons you represent (including incorporated entities) and Design Zola concerning your access to and use of Design Zola's website and all content, information, products and services available on or through the website. This Agreement also provides benefits to Design Zola's affiliates, service providers, suppliers and other persons.
Each time you use our Website you accept and agree, without any limitation, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement. If you do not agree to all of the following terms and conditions of this Agreement, you may not access or use our Website.
This Agreement is in addition to any other agreement you may have with Design Zola, including a transaction agreement.
2. Allowed use of our website
The Website may be accessed and used only by individuals located in Canada who have reached the age of majority where they live and they can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws.
Design Zola delivers products only to addresses in Canada.
3. Personal information privacy
4. Misprints and errors, product availability and prices
This Website may contain misprints, errors, inaccuracies, omissions (including incorrect specifications for products). Design Zola assumes no liability for any such error.
Design Zola cannot guarantee that products and services provided in this Website will be available when ordered or thereafter. Design Zola does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete.
Design Zola reserves its rights to: (i) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (ii) reject, correct, cancel or terminate any order, including accepted orders for any reason (iii) change at any time the products and services advertised or made available for sale on the Website, the prices, fees and charges of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; and (iv) limit quantities available for sale or sold.
Our Website is an invitation to you to make offers to purchase products and services and can not be considered as offers to sell. All prices and other amounts appearing on the Website are quoted in Canadian dollars.
5. Ownership and permitted use of the website, name and logo
The Website and all of its content, including page headers, graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website, is and shall remain the sole property of Design Zola, and is protected by Canadian and international copyright, trademark and other laws. Your use or access of the Website shall not in any way transfer or assign to you any ownership or other proprietary rights in the Website or its content. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Design Zola. You may not sell or resell any part of the Website or access to the Website.
Design Zola’s logo and name is owned by Design Zola.
Any use of Design Zola’s name or logo, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication or otherwise, any licence or right to use our logo or name.
The login is accessible only to users who have been issued a login name and password by Design Zola.
When you create an online account on our Websites, you need to select a personal password. To maximize your level of protection, you should choose at least 6 characters including a combination of both letters and numbers. You are solely responsible for maintaining the secrecy of your password and any account information. Be aware that Design Zola will never send an unsolicited communication asking you for your password or requesting that you update your account credentials.
For the purposes of accessing the Website, the login name and password remain the property of Design Zola and may be cancelled or suspended at any time by Design Zola in its discretion without any notice or liability to you or any other person.
Design Zola is not under any obligation to verify the actual identity or authority of any person using a login name and password to access and use the Website. Design Zola may act upon any communication that is given with the use of login name and password. Design Zola may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if Design Zola is not satisfied with such proof.
If you have been issued a login name and password (hereinafter “Codes”): (i) you are responsible and liable for their security and any and all use and misuse of this Codes; (ii) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (iii) you will ensure that all uses of the Codes comply with this Agreement; and (iv) you will immediately notify Design Zola if you know or suspect that your Codes have been stolen or become known to or used by any other person.
Links to the Website without the express written permission of Design Zola are strictly prohibited. You may not post comments, communications, or any other data of any kind on our Website with the intention that such postings may be viewed by other users of the Website.
8. Disclaimers and exclusions
Your access to and use of our website is at your own risk. Our Website is provided on an “as is” basis, without any representations or warranties of any kind, whether express or implied, and including without limitation implied representations or warranties of or relating to accuracy, accessibility, merchantability, performance or durability, all of which are disclaimed by Design Zola to the fullest extent permitted by law.
Design Zola and its provider will never be available to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to our website or this agreement including but not limited to los of data, business, markets, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law), regardless of any negligence or fault by design Zola or any person for whom design Zola is responsible.
Design Zola may in its sole discretion change, discontinue, modify, restrict, suspend or terminate temporarily or permanently the Website, this Agreement or your permission to access and use the website without any notice or liability to you or any other person and for any reason.
If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other then existing agreements between you and Design Zola will survive the termination and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.
10. False information
All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. Design Zola will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Design Zola or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
11. Governing law
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of Quebec, Canada and applicable federal laws of Canada. Any dispute between you and Design Zola or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters will be resolved before the Courts of Quebec, sitting in the City of Montreal and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of any Dispute.
For any reason whatsoever, if any provision of this Agreement is to any extend held or rendered invalid, unenforceable or illegal for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect . This Agreement enures to the benefit of and is binding upon each of Design Zola and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. Design Zola may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
13. Modification to this Agreement
Design Zola may, in its sole discretion, change, supplement or amend this Agreement from time to time, for any reason, as it relates to future use of the Website, by posting a revised Agreement on the Website. By using the Website after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.
Any consent by Design Zola to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce contrat et tous les documents qui s'y rapportent soient rédigés en anglais.
Any rights not expressly granted by this Agreement are reserved to Design Zola.
You may contact Design Zola by telephone, email, or postal mail:
Mail: Design Zola
4441 Blvd. Saint Laurent, Montréal, QC, H2W 1Z8 Canada