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Terms and Conditions
Welcome to Zahrah Corporation (Zahrah). Before you use the Zahrah Web Site at www.zahrahus.com (the “Site”), please read the following terms which govern your use of the Site. By using the Site, you agree to follow and be bound by the terms and conditions of this Agreement (the “Agreement”).
Zahrah reserves the right to change the terms of this Agreement at any time and without notice. Your use of the Site following any such change constitutes your agreement to be bound by the terms as changed. We may change, move or delete portions of, or may add to, the Site from time to time including, but not limited to, content and equipment and/or software needed for access or use. We reserve the right to refuse service to anyone for any reason at any time.
By using the Site, you agree that you are at least 18 years of age. Minors under the age of 18 may not use this site. Zahrah will not sell tobacco or tobacco related products to anyone under the age of 18. By accepting these terms and conditions you are indicating you are of legal age to purchase cigarettes. It is illegal to misrepresent your age. Zahrah cannot be held responsible for minors purchasing tobacco or tobacco related products illegally.
Surgeon General Warning
Smoking shisha tobacco is not a safe alternative to smoking cigarettes. Shisha tobacco can cause lung cancer and heart disease. Shisha smoking can cause cancers of the mouth and throat, even if you do not inhale. Shisha smoking increases the risk of infertility, stillbirth and low birth weight.
Placing your order with Zahrah constitutes an offer, which Zahrah reserves the right to reject or approve at its discretion. No contract will arise until Zahrah has accepted your offer by approving your order.
Orders generally ship within 24 hours of approval, however some orders may take up to 5 days. If one or more items is unavailable at the time the order is placed, the entire order will be placed on backorder until we receive the missing item(s) in stock. You are responsible for checking the status of your order. Zahrah will contact you if your order will be on backorder for more than one week. Risk of damage or loss, and title, pass to you upon our safe delivery of your package(s) to the carrier.
All returns must be shipped back to Zahrah within 30 days of receipt. All orders must be returned in original unused condition with all accessories. The return shipping costs must be paid by the customer. There is a 10% restocking fee to cover the shipping and processing costs of Zahrah.
Intellectual Property Notice
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and all copy, content, source code and other written and visual materials on the Site (collectively, “the Property”) are the exclusive copyright, trademark, or other intellectual property owned or licensed by Zahrah. The Site as a whole is protected by U.S. and international copyright, trademark and all other intellectual property law. All worldwide rights, titles and interests in and to the Property are owned or licensed by Zahrah.
All other trademarks, service marks, product names and company names or logos appearing on the Site are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of the owner of same, is strictly prohibited by U.S. and international law.
You, as the user, have a limited license to download or copy the Property on this Site for personal, noncommercial use only. Violation of Zahrah’s Intellectual Property Notice will result in automatic revocation of this license. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Property on the Site, the Site as a whole, or any related software without the prior written permission of Zahrah. You may not use any meta tags or any other hidden text utilizing any of the Property, including Zahrah’s name or web address, without the express written consent of Zahrah. Further, you may not frame any of the content, deep-link to the Site, trespass or scrape the Site using robots, data mining, automated agents, or any other data gathering or extraction tools without prior written permission of Zahrah.
User Comments, Feedback and other Submissions
All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered to Zahrah or otherwise disclosed, submitted or offered in connection with your use of the Site shall be and remain Zahrah’s property. Such disclosure, submission or offer shall constitute an assignment to Zahrah of all worldwide rights, titles and interests in all intellectual property rights in such comments, feedback, suggestions, and other submissions.
Duties, Taxes and Licenses
All duties, taxes and licenses incurred while shopping at Zahrah are the sole responsibility of the customer. Zahrah cannot be held responsible (nor vouch) for any orders with pending taxes, duties or licenses. Any unpaid taxes forwarded to Zahrah will be charged to the customer.
Ancillary Computer Equipment and Services
You are responsible for and must provide all computer, telephone and other equipment and services necessary to access the Site. In addition, you are responsible for any access charges incurred through on-line services, telephone companies, or Internet service providers used in obtaining access to the Site.
You shall use Zahrah for lawful purposes only. You shall not transmit through Zahrah any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. We reserve the right, in our sole discretion, to refuse to produce goods and/or to terminate your access to Zahrah for any breach of this provision or any other provision of this Agreement.
Quality of Goods
The majority of the goods sold by Zahrah are handmade by artisans in small quantities. As a result, minor differences in each piece, which add to the individual quality of the goods, should be expected. Zahrah inspects each piece before shipping to ensure quality, however the consumer and end user assume all risk of use associated with our products. Zahrah may not be held liable for damages arising from use of our products.
Warranty/Disclaimer of Liability
YOU ACKNOWLEDGE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. ZAHRAH DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM WWW.ZAHRAHUSA.COM ARE FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED THROUGH USE OF THE SITE. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT ZAHRAH SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
Our liability to you, if any, shall not exceed the total of the invoice for services and products provided on the transaction in dispute. We shall not be liable for indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not we have been advised of the possibility of such damages. Zahrah shall not be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder . We shall not be liable for unauthorized access by third parties to your transmission facilities, premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of users network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy. The provisions of this paragraph will survive any sale completed with you and any change or elimination of this Agreement and/or the Site.
Certain sate laws do not allow limitations on warranties or exclusion or limitation on certain damages. If any part of this agreement is does not apply to you, or is held invalid, void or unenforceable, that provision is deemed severable, and will not affect the remaining enforceable provisions of this Agreement.
You agree to indemnify, defend and hold Zahrah harmless against all damages, claims, liability, costs, and expenses, including but not limited to reasonable attorneys fees, arising out of violation of any of the provisions of this Agreement by you or anyone accessing www.zahrahusa.com under your account.
The Site is created and controlled by Zahrah, in the State of California. By visiting this Site, you agree that the laws of the State of California, without regard to principles of conflicts of laws, will govern all terms, conditions and disclaimers on the Site, including this Agreement.
All disputes arising out of any transaction with Zahrah shall be submitted to binding arbitration in the state of California, except that to the extent you have violated or threatened to violate Zahrah’s intellectual properties, Zahrah may seek relief in any state or federal court in the state of California. By using the Site, you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under this Agreement shall be joined to any action involving any other party subject to this Agreement.
The terms and conditions contained in this Agreement constitute the entire agreement between the parties, and supersedes all prior and contemporaneous oral and written agreements and representations are merged herein. No employee, agent, or other representative of Zahrah has authority to bind Zahrah or its suppliers with respect to any statement, representation, warranty, or other expression unless specifically set forth in this Agreement.
No trade usage, regular practice or course of dealing between the parties may be used to modify this Agreement. Any modification of the Agreement must be made by mutual assent of the parties, and must be set forth in writing.