Terms and Conditions of Use of Zhampagge.com
Your access to and use of our Website is subject exclusively to these Terms and Conditions. You will not use this Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using this Website, you are fully accepting the terms, conditions, and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
Consent to Electronic Communications
Your use of this Website or sending e-mails to us constitutes electronic communications. You hereby consent to us communicating with you electronically. We will communicate with you by e-mail or through posting information or notices on this site. You agree that any requirement that we communicate with you in writing is met through our electronic communications to you or on this site.
The contents of this Website do not constitute advice and should not be relied upon in making or refraining from making any decision.
Change of Use
We reserve the right to change or remove (temporarily or permanently) this Website or any part of it without notice and you confirm that we shall not be liable to you for any such change or removal. We may change these Terms and Conditions at any time, and your continued use of this Website following any changes shall be deemed to be your acceptance of such change.
Links to Third Party Websites
This site may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites. If you access any third party websites linked from this Website, you do so at your own risk.
All copyright, trademarks, and all other intellectual property rights in this Website and its content (including without limitation this Website design, text, graphics and all software and source codes connected with this Website) are owned by or licensed to Zhampagge, LLC or otherwise used by Zhampagge, LLC as permitted by law. In accessing this Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder or trademark owner. This excludes the downloading, copying and/or printing of pages of this Website for personal, non-commercial home use only. The contents of this Website may not be used in connection with any product or service that is not a part of this Website or in any manner that results in confusion or is harmful to our reputation.
You agree that any written communication, including the names identified on those writings, that you post, upload, or in any manner transmit to us may be used, reproduced, modified, published, or distributed by this Website in any medium for commercial and noncommercial use. Such use shall be nonexclusive, royalty-free, perpetual, and irrevocable. You further agree not to submit any unlawful, inappropriate, derogatory, defamatory, libelous, profane or pornographic material to this Website. We have the right to remove your submissions from this Website at any time without your consent. It is our right, not responsibility, to monitor, edit, or remove any content from this Website. We take no responsibility and assume no liability for any content posted to this Website by you or any third party.
If you create an account on this Website, you agree to provide complete and accurate information about yourself when creating that account and to update that information when necessary. You shall not misrepresent your identity when providing information to or using this Website. You agree to accept responsibility for all activities that occur under your account and password. You further agree to immediately notify us of any unauthorized use of your account, password, or information on this Website. We reserve the right to suspend or terminate your account for any reason we deem appropriate to do so, including but not limited to violation of the terms and conditions on this Website.
We do not guarantee that merchandise on our website will always be available as our stock may be low. If a product is unavailable at the time your order is processed, we will notify you of this via e-mail. You may contact us at firstname.lastname@example.org to inquire about product availability. The materials on this website with respect to a product may become outdated, and we make no commitment to update the materials on the website with respect to such product.
The prices shown on this website are quoted in U.S. dollars unless otherwise stated.
We do our best to show the products on our website to match their original color and appearance. However, each color has a tendency to vary slightly depending on the type of light it is photographed in or the settings on the screen of a computer or personal device.
If you wish to return an item purchased from this site, we do not take title to that item until it arrives at our business location. For more information regarding returns, please see our Returns page.
We may offer promotions, including but not limited to discounts and giveaways, on our website and in other promotional material. You are limited to the use of one (1) promotional code per order. Any monetary savings will be displayed in your shopping cart. We reserve the right not to follow through with a promotion offered on our site or in other promotional material, including but not limited to discounts and giveaways, if we believe there has been fraud, deception, or misrepresentation of information to us. All promotional offers on this website or in other promotional material, including but not limited to discounts and giveaways, are solely within our discretion. We may change or cancel any promotion or the use of it on our website, including but not limited to discounts and giveaways, at any time, without notice.
Disclaimers and Limitation of Liability
The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, compatibility, completeness, availability, security, and accuracy. To the fullest extent permitted by law, we will not be liable for any direct, indirect, incidental, special or consequential damages whatever (including without limitation loss of business, opportunity, data,and profits, personal injury, death, and property damage) arising out of or in connection with the use of or the inability to use this Website. We do not warrant that the content of this Website is accurate, error-free, reliable, or correct, or that this site will be available at any particular time or location. We do not warrant or make any representations with respect to the use or the results of the use of this Website. We make no warranty that the functionality of this Website will be uninterrupted or error free, that any defects or errors will be corrected or that this Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. You assume the entire cost of all necessary servicing, repairs, or correction. You irrevocably waive any claim against us regarding the content of this Website and any information you submit to third parties, including but not limited to credit card and other personal information. Certain jurisdictions do not permit the exclusions of implied warranties, therefore, some or all of the above exclusions, disclaimers, or limitations may not apply to you.
You agree to indemnify and hold us and our employees, agents, service providers, sellers, and suppliers harmless for all liabilities, legal fees, damages (direct, indirect, incidental, special or consequential), losses, costs and other expenses in relation to any claims or actions brought against us arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website. We may terminate your further access or use of this Website and modify the contents of this site at any time and for any or no reason.
If any of these Terms and Conditions should be determined to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable. No waiver of any Term and Condition by us shall be deemed or construed as a further or continuing waiver of that provision or any other provision. If we fail to assert a particular right or provision of these Terms and Condition, such failure does not constitute a waiver of that right or provision.
Governing Law and Disputes
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Maryland without regard to principles of conflict of laws. Any dispute or claim regarding your use of this Website or any products you purchased on this site shall first be attempted to be resolved through written communications between you and us. If a resolution is not reached within 90 days of us being notified of the claim or dispute in writing, then the matter shall be resolved through binding arbitration in Prince George’s County, Maryland, and not in court. The arbitrator’s award shall be entered as a judgment in any court of competent jurisdiction. The arbitration shall be conducted pursuant to the rules of the American Arbitration Association. If for any reason, a claim proceeds in a court, you agree that venue properly lies only in the courts in Prince George’s County, Maryland and you also hereby consent and submit to exclusive jurisdiction therein and such courts having personal jurisdiction over you for the litigation of that action. You further hereby waive the right to a trial by jury.
We may seek an injunction or other appropriate relief in any federal or state court for any violation or threatened violation of our intellectual property rights. You hereby consent to exclusive jurisdiction (including personal jurisdiction) and venue in such courts.
You may contact us by mail:
9134 Piscataway Road #1471
P.O. Box 1471
Clinton, Maryland 20735
Please do not return purchases to the above address.