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Terms & Conditions

Customers who made orders from us at zakkaArt.com are deemed to have read the terms and conditions stated herein and all orders accepted by zakkaArt.com are subject to these terms and conditions as set out below:

1. General

All orders for products and services on the zakkaArt.com website are subjected to these terms and conditions of sale. No other terms will apply to the supply of products and services by zakkaArt.com unless agreed in writing by an authorized signatory of zakkaArt.com.

All description of the products and services contained on the zakkaArt.com website or otherwise communicated to the customer are approximate only and shall not form any part of contract between zakkaArt.com and the customer. zakkaArt.com may correct any errors in its Website without liability to the customer. The advertising of products and services in the zakkaArt.com website merely constitutes an invitation by zakkaArt.com for the customer to make an offer to purchase products and services.

zakkaArt.com is a business to business and business to consumer supplier in the global market.

2. Prices

The prices of the products and services are as set out in the zakkaArt.com website that is current at the date of dispatch. Products which are not stocked by zakkaArt.com will be sold at the prices set out in the relevant quotation supplied by zakkaArt.com. All prices exclude Sales Tax. zakkaArt.com reserves the right to change the prices of the products without prior notice at any time.

3. Ordering

An order is not binding upon zakkaArt.com until it is accepted; zakkaArt.com must receive payment before it will accept an order.

Payment for product(s) ordered is due prior to shipment.

zakkaArt.com reserves the right to decline to trade with any company or person. In addition, zakkaArt.com may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the customer by email within a reasonable period of receipt by zakkaArt.com of the order.

zakkaArt.com executes orders to the customer’s requirements and does not substitute one product for another unless requested by the customer, or unless the product has been superseded by the latest version. zakkaArt.com reserves the right to cancel the order if the item(s) ordered is out of stock.

The customer must submit orders using the zakkaArt.com product code and the priced units used in the zakkaArt.com website. If the customer orders the wrong product or number of products or duplicates orders, the provisions of clause 7 will apply.

4. Delivery

zakkaArt.com will aim to deliver product in accordance with the customer’s order. Delivery would not be made unless payment has been made in full according to the instruction set out in the website of zakkaArt.com. Delivery charges are computed based on the rate set out in this website, but are subject to changes without prior notification to Customer. Delivery charges are computed based on weight of per order made. Delivery will be made based on the address provided by Customer. zakkaArt.com shall not be liable for the consequences of any delay in delivery. Delivery methods are set out in the Payment and Shipping Info.

5. Inspection, Delivery Delays and Non-Delivery

The customer must inspect the products as soon as is reasonably possible after delivery and shall within 21 days of the date of delivery, give notice to zakkaArt.com in detail of:

Any defect in the product that is apparent on reasonable examination. In this case zakkaArt.com shall, at our discretion, replace the products (if available) and refund the purchase price. In any event the Customer must refuse parcels delivered to it in a damaged condition.

Any shortfall in product delivered, in this case, zakkaArt.com shall, all its discretion, deliver the undelivered products or refund the price of the undelivered products.

Any delivery of products not in accordance with the order, in this case, zakkaArt.com shall, at zakkaArt.com’s discretion, replace the products or refund the purchase price.

Any non-delivery of the products (in which case the limit is within 21 days of the estimated dispatch date), in this case, zakkaArt.com shall deliver the undelivered products or refund the price of the undelivered products.

If the customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the customer shall be deemed to have accepted the products accordingly. zakkaArt.com’s record of the products dispatched (including the quantity) shall be conclusive evidence of the products received by the customer, unless proved otherwise by the customer.

The remedies set out above are the customer’s exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. zakkaArt.com shall not be liable for any losses, consequential or otherwise, arising from these circumstances.

6. Payment Terms

Your total cost for purchase of any product will include shipping and handling charges shown on the zakkaArt.com invoice. Payment may be made by PayPal or cheque or Bank transfer (For local customers only).

For local customers who are paying via cheque and bank transfer, you will receive an email from us on the banking details.

For international customers, Paypal is the only option, please make your payment via PayPal to wynn@zakkaArt.com. Please refer to Payment and Shipping Info for details.
You agree to pay the amount(s) due as specified on the invoice.

7. Cancellations and Returns

Customer may not cancel orders once payment has been made. However, the Customer may only return the items purchased and receive a credit or refund, on the following condition:

The customer must contact zakkaArt.com and obtain the prior consent of zakkaArt.com and obtain a return number (to be quoted on all returned paperwork).

Return must be made within 21 days of the date delivery. Products must be returned to zakkaArt.com in original condition and well packaging.

The customer must follow the specific instructions set out in the following paragraphs with regards to the return.

The customer must quote the invoice details on the zakkaArt.com Customer Returns Form from the original dispatch note, otherwise credit will be based upon the lowest sales price.

8. Risk and Ownership

Risk of loss of or damage to the products shall pass to the Customer on delivery. Ownership of the products shall not pass to the Customer until all sum due to zakkaArt.com from the customer for all products ordered from zakkaArt.com has been received by zakkaArt.com (Cheque must be cleared). If the customer is late in paying any sum to zakkaArt.com, then zakkaArt.com shall be entitled to the immediate return of all products where the ownership has not passed to the customer. The customer authorizes zakkaArt.com and its agents to recover the products, and to enter any premises of the customer for that purpose. Demand for or recovery of the products by zakkaArt.com shall not of itself discharge either the customer’s liability to pay the whole of the price and take delivery of the products or zakkaArt.com’s right to sue for the whole of the price.

9. Product and Availability Information

zakkaArt.com reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous product improvement program, or to assist product availability, and such changes may take place during the life of any zakkaArt.com website. Unless otherwise confirmed, nothing in any zakkaArt.com website is to be taken as representation of the source of origin, manufacture, or production of the products or any part of them.

10. Liability

zakkaArt.com shall not be under any liability for damage, loss or expenses resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to its negligence or that of its employees or agents.

zakkaArt.com shall not be liable for intellectual property rights infringement, punitive damages, loss of revenue, loss of profits or expected future business, damage, all as may result from, or be connected with (i) any express or implied terms of the contract between zakkaArt.com and customer, or of any order accepted by zakkaArt.com; (ii) any duty of any kind imposed on zakkaArt.com by law arising out of or in relation to the contract or order; or (iii) any defect in the products or services.

In all circumstances, zakkaArt.com's maximum liability is limited to the purchase price of the products sold. zakkaArt.com shall not, under any circumstances, be liable upon a claim or action in contract, tort, indemnity or contribution, or other claims relating to the products it sells which exceeds this liability limit. zakkaArt.com shall not be liable for third party claims for damages against the customer, or for malfunction, delays, interruption of service, loss of business, loss or damage to exemplary damages, whether or not ZakkaArt.com is apprised of the possibility of such claims or damages

11. Force Majeure

A force majeure event is any event beyond the reasonable control of zakkaArt.com including strikes, traffic congestion, downtime of any external factor. If zakkaArt.com is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then zakkaArt.com shall be obligations during the period such event continues, and shall not be liable for any delay and/ or failure in the performance of its obligations during such period. If the force majeure event continues for a period 14 days, zakkaArt.com may cancel the affected ordered or cancel the whole or any part of these terms and conditions of sale, without any liability to the customer.

12. Copyright and Governing Law

All of content of this website is the copyright of zakkaArt.com. All rights reserved.

Reproduction of part or all the contents of this website in any form is prohibited other than for personal use only and may not be recopied and shared with third party. The permission to recopy for personal use only does not allow for incorporation of material or any part of it any other website, electronic retrieval system, publication or any other work (whether hard copy, electronic or otherwise).

Governing Law and Jurisdiction:

Any dispute arising out of or related to these Terms and Conditions or the sales transaction between zakkaArt.com and Customer shall be governed by the laws of Singapore, without regard to its conflicts of law rules. The Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against zakkaArt.com that is more than one year after the date of the applicable invoice.

13. Entire Agreement

These terms and conditions, together with the zakkaArt.com's invoice respecting the products ordered by Customer, are the complete and exclusive agreement between zakkaArt.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between zakkaArt.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

14. Disclaimers

zakkaArt.com and its owner make no warranties, representations or undertakings about:

any of the content of this website (including, without limitation, any as to quality, accuracy, completeness or fitness for purpose of any such content); or

any content of any other website referred to or accessed by hypertext links or otherwise through this website (Third Party Site).

zakkaArt.com does not endorse or approve the content of any Third Party Site, nor will zakkaArt.com have any liability in connection with any them (including, but not limited to, liability arising out of any allegation that the content of any Third Party Site infringes any law or rights of any person or is obscene, defamatory or scandalous).

15. Questions and Suggestions

If you have questions or suggestions, please contact us at:
Email: feedback@zakkaArt.com

Copyright © 2008 zakkaArt.com. All Rights Reserved. Designated trademarks and brands are the property of their respective owners