Terms of Use | Zoi Teli'a

About this Page:

Welcome to the “Terms of Use” page. From now, we will refer to the Terms of Use as “Terms/terms”. These terms will explain to you the manner in which you can use our Website. You may use the Website from any device including but not limited to your computer or mobile phone device (iOS or Android) or laptop or any other device and these terms will control your use of the Website.

Legal Contract:

All of these terms will together form a legally binding contract between you and us. Whenever you will access or use our Website for any purpose, these terms will become applicable to you. So please do not do any such activity on the Website that will breach the terms and you may become legally liable for the same. If you do not want to be legally bound by this contract as shown to you in the form of these terms, you shall not use the Website or if using, stop using this Website.

Meaning of You and We:

You/you mean the user (registered user or unregistered user) using the Website. A registered user is a user of the Website having a registered account on the Website and an unregistered user is a user of the Website who does not have a registered account on the Website. In these terms, the word “you” may also be referred to as “your” or “yours”. The word “we” means Lean Enterprises, an S-Corporation incorporated in the State of North Carolina (United States of America) doing business as “Zoi Teli’a” and selling cosmetic products [the “Product(s)”] through the Website www.zoitelia.shop. In these terms, the word “we” may also be referred to as “us” or “our”. We and You may be collectively referred to as “Parties” and individually as “Party”.

Authorized Individual or Signatory:

If you are using this Website on behalf of a company, you agree to us that you are authorized by such company to use the Website on its behalf and you are accepting the applicability of these terms on its behalf and binding that company.

Use of Website by Minor or Child:

In case you are a minor or a child in the jurisdiction, country, or territory in which you reside or are domiciled and you are about to access the Website or are accessing the Website, you agree and confirm that you have obtained the permission of your parents or guardians before accessing or using the Website and shall continue to do so under the absolute supervision of your parents or guardians and we shall not be liable to verify your compliance in this regard.

Legal Compliance:

We are a legally registered entity in our jurisdiction. But if you are using this Website from a jurisdiction or country where the use of this Website would be a violation of law or which would require us to comply with applicable laws of such jurisdiction then you shall not use the Website or stop using this Website. However, if you keep using the Website from such jurisdiction then you are doing such activity at your own risk and are personally liable for any consequences arising out of such an activity.

Product(s):

We make every effort to display as accurately as possible the colors, features, specifications, and details of the Product(s) available on the Website. However, we do not guarantee that the colors, features, specifications, and details of the Product(s) will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the Product(s). All Product(s) are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any Product(s) at any time for any reason. Prices for all Product(s) are subject to change.

Payment:

The payment methods provided on the platform are subject to changes from time to time. You agree to provide current, complete, and accurate payment information for all the purchases made via the Website. You further agree to promptly update payment information, including card number, card expiration date, etc. so that we can complete your transactions. Applicable taxes will be added to the price of purchases. We may change prices at any time. You agree to pay all charges at the checkout then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon the order being placed. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Registration:

If you wish to purchase our Product(s) on the Website, you are expected to create an account on the Website. However, you may still browse through the Website to know about us and our Product(s) or purchase the Product(s) as a guest (unregistered user).

Account Information:

For creating an account on the Website, you need to provide us with your

i. First Name;

ii. Last Name;

iii. Email Address;

iv. Phone Number;

v. Payment Information;

vi. Shipping and Billing Addresses.

You will also be asked to create a user id and password to access your account for login purposes. We request you to provide true and accurate information while creating an account and also create a decent (not obscene) user id. You can modify your account information later, if required, with the help of account settings.

Account Management:

You must keep your user id and password confidential at all times. While creating an account, if you provide us with false information or create an obscene user id, we may terminate your account on the Website or take any other necessary action. The creation of multiple or duplicate accounts on the Website is strictly prohibited.

Website Use:

You should use this Website only for legitimate and lawful purposes. You should not do any unlawful activities on the Website that may damage the Website including but not limited to:

uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect its functionality or operation;
collecting or tracking the personal information of other users or unlawfully gathering information about other users;
interfering with or destroying the security features of the Website through any unauthorized access.

We reserve the right to terminate, delete or suspend your account for violation of terms or any unlawful activity on the Website.

Modification of Terms:

We may modify these terms from time to time and at any time. When we publish the modified terms on the Website, the modified terms will replace the prior version of these terms. The modified terms will be applicable to you from the time they are published on the Website. The terms may be modified partly or as a whole. If the terms are modified partly, the newly modified terms along with the remainder old version of terms will entirely constitute the modified terms. If the terms are modified entirely, such terms will mean the modified terms.

Notification of Modification:

When you visit the Website for the first time after the terms have been modified, you will be notified through an email or a pop-up appearing on the Website requiring you to provide your consent or by posting a banner on the header of the Website to notify you about the modification of the terms. If you continue your use of the Website after the modification of these terms, will be considered as a continued acceptance of these terms.

Marketing:

We may do marketing including email marketing, text marketing messages, or any other form of marketing about upcoming promotions or special events or advertisements announcing new features or Product(s) on the website. You will be provided with an option to opt-out of receiving such marketing messages. For instance, for email marketing, you may click on the unsubscribe button to opt-out of receiving such marketing messages.

Typographical Errors:

We may make typographical errors or inaccuracies or omissions on the Website. When such mistakes come to our notice or are brought to our notice by users, we correct such mistakes immediately. We may do so without any notice to you.

Intellectual Property Rights:

The “Zoi Teli’a” name and logo and all related Product(s), brand, trade, service names, designs, graphics, page headers, button icons, scripts, marks, slogans trademarks, etc. (collectively, the “Marks”) is/are our or our licensors, partners, affiliates, suppliers (if any) exclusive property and are protected by the U.S. and international intellectual property laws. Our Marks shall not be used in connection with any Product(s) that is not ours, in any manner that is likely to cause confusion among our customers, or in any manner that disparages or discredits us. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, processes, technology, content, software, downloads, video clips, and the compilation (meaning the collection, arrangement, and assembly) of the content and other materials including the Website itself, etc. (collectively, the “Contents “) is/are our or our licensor’s, partner’s, affiliates, suppliers (if any) exclusive property and are protected by the U.S. and international intellectual property laws.

Consequently, the Marks or the Contents on this Website shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed, or modified in whole or in part or in any other form whatsoever, except for your limited, personal, non-commercial use only. No right, title, or interest in any Contents or Marks is transferred to you as a result of such personal, non-commercial use. We and our licensors, partners, affiliates, and suppliers (if any) expressly and exclusively reserve all the rights, titles, interests, and intellectual property rights in all Contents and Marks. We grant you a limited, revocable, non-transferable, and non-exclusive license to access or use the Marks or the Contents for limited, personal, and non-commercial use only.

Submissions:

All reviews, comments, feedback, testimonials, submissions, ratings, suggestions, ideas, and other submissions in any form disclosed, submitted or offered to us on or by this Website or otherwise disclosed, submitted, or offered in connection with your use of this Website (collectively, the “Submissions”) shall be and remain our property. Such disclosure, submission, or offer of any Submissions shall constitute an assignment to us of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Submissions. Thus, we own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Submissions you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation to:

maintain any Submissions in confidence;

pay you any compensation for any Submissions;

respond to any Submissions.

You agree that any Submissions submitted by you to the Website will not violate these terms or rights of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Submissions submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive, or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. We do not regularly review posted Submissions but do reserve the right (but not the obligation) to monitor and edit or remove any Submissions submitted to the Website. You grant us the right to use the name that you submit in connection with any Submissions. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submissions you submit. You are and shall remain solely responsible for the content of any Submissions you make, and you agree to indemnify us and our partners, affiliates, and suppliers (if any) for all claims resulting from any Submissions you submit. We and our partners, affiliates, and suppliers (if any) take no responsibility and assume no liability for any Submissions submitted by you or any third party.

Testimonials:

At various places on this Website, you may find testimonials from clients and/or customers of the Product(s) on this Website. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Website. Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any Product(s) offered on this Website. From time to time, we may publish on the Website the successful results of one of our existing or prior clients/customers. The information about these successful results is accurately portrayed by the client/customer. You acknowledge that the prior success of others does not guarantee successful results for you. Your results may vary and will be based on your individual experience. There are no guarantees concerning the level of successful results you may experience. Successful results of the usage of Product(s) depend on your skin condition, medical condition, etc. The use of our Product(s) should be based on your own due diligence and you agree that we shall not be liable for any unsuccessful results that are directly or indirectly related to the purchase and use of our Product(s).

Third-Party Website/Apps Links:

The Website may also have links to other third-party websites or apps. Please be aware that we do not review or monitor the links to third-party websites or apps and also do not endorse them. If you are clicking on the links of third-party websites or apps, we request you to first read the third-party website/app terms and policies posted on their respective websites/apps. If you continue to use the third-party websites/apps either without reading their terms and policies or after reading them, you are doing so at your own risk. We do not endorse any such third-party websites/apps or their content, hence we shall not be liable for the same in any manner. These terms do not apply when you visit the third-party website/apps or view its content through the links provided on the Website.

Website Interruptions:

Your use of the Website may not be uninterrupted, timely, secure, or error-free. The Website may face interruptions due to any scheduled or unscheduled maintenance, overload due to traffic, or emergency service. Such interruptions may occur at any time. We will not be liable in any manner for any loss or damage suffered by you due to such interruptions.

Liability:

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the amount actually paid by you for any purchases through the Website.

To the maximum extent permitted by applicable law, in no event shall we (including our parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors, if any) be liable to you or any third party for any special, exemplary, incidental, special, or punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Product(s), and the Website.

Certain jurisdictions do not allow the exclusion or limitation of liability including limitation of liability for consequential or incidental damages. If the laws of such jurisdictions apply to you, some or all of the above exclusions or limitations may not apply to you, and you may have additional rights. However, in the jurisdictions wherein such exclusions or limitations are permitted then the exclusions or limitations shall apply to the fullest extent permitted by law.

Indemnity:

You shall defend, indemnify, and hold us (including our parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors, if any) harmless from and against any costs, losses, damages, liabilities, expenses, claims, demands, and judgments, including court costs and attorney fees arising out of or resulting from the

access or use of the Website by you;

purchase or use of the Product(s) by you;

actions, inactions, omissions, breach, falsity, or violation by you;

inaccuracy in any representation, warranty, obligation, or covenant made by you;

violation of any right of a third party under these terms for which you would be liable in law or equity.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Relationship:

You shall at all times remain an independent contractor. No agency, partnership, or joint venture has been created between you and us as a result of these terms. Neither you nor we have any authority to bind each other to any third party.

Invalid Terms:

If any provision of these terms is determined by any court or other competent authority to be unlawful and/or unenforceable, then such provision shall either be modified to reflect the party’s intention or completely deleted and the other provisions of these terms will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).

Termination:

These terms will remain in full force and effect while you use the Website. We may suspend or terminate your rights to use the Website at any time for any reason at our sole discretion, including for any use of the Website in violation of these terms. Upon termination of your rights under these terms, your right to access and use the Website will terminate immediately.

You understand that any termination of your rights may involve the removal of your data or information from our databases. We will not have any liability whatsoever to you for any termination of your rights under these terms, including for deleting your account or blacklisting any network address you provide to us.

We specifically reserve the right to terminate or suspend your account on the Website permanently or block your access (including blocking certain Ip addresses), if you violate any of the terms outlined herein, including, but not limited to, violating our intellectual property rights or of a third party, failing to comply with applicable laws or other legal obligations, and/or breach of any representation, warranty, or covenant.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

If you are a registered user of the Website then you may also terminate the access or use of the Website by not accessing or using the Website, or by deleting your account at any time by contacting us and requesting deletion. Please keep in mind that any outstanding payment will still be due either for credit or debit, as the case may be, even after the termination of your account.

Survival of Terms:

At the termination of these terms, any provisions that would be expected to survive termination by their nature including but not limited to the Website Use, Liability, the Indemnity, etc. shall remain in full force and effect.

Privacy:

You acknowledge and agree to the collection, use, and disclosure of your personal data in accordance with our Privacy Policy [S1] posted on the Website.

Waiver:

No waiver provided by us for any of your defaults shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of these terms. All the waivers provided by us shall be valid only if provided in writing.

Headings:

The numbering and headings are solely for convenience and reference only and shall not affect the scope, meaning, intent, or interpretation of these terms, nor shall such headings otherwise be given any legal effect.

Electronic Communications, Transactions, and Signatures:

Visiting or using the Website, and contacting us through emails constitute electronic communications. You agree to receive electronic communications including any agreements, notices, disclosures, and other communications and such communications shall be considered to satisfy the legal requirement of written communication. Up to the maximum extent permitted by law, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of physical records or non-electronic records or records in paper form. You agree that the communications sent to you by us shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.

Force Majeure:

Neither we nor you shall be liable for any loss or delay resulting from any force majeure event, including acts of God, fire, natural disaster, labor stoppage, war or military hostilities, pandemic, lockdown, and service delivery date shall be extended to the extent of any delay resulting from any force majeure event.

Dispute Resolution:

Please read this section carefully. It is part of your contract with us and affects your rights. SOME JURISDICTIONS (WHICH MAY INCLUDE NORTH CAROLINA, USA) DO NOT ALLOW MANDATORY ARBITRATION, PROHIBITIONS AGAINST CLASS ACTIONS, OR GOVERNING LAW AND FORUMS OTHER THAN WHERE THE CONSUMER IS LOCATED. IF YOU ARE LOCATED IN ONE OF THESE JURISDICTIONS, THE FOLLOWING MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

Negotiation:

If in case, any controversy, conflict, dispute, claim, issue, question, disagreement, and difference of any nature or breach thereof [“Dispute(s)”] arises between the parties, out of or in connection or in relation to these terms, the parties shall use their best efforts to settle the Dispute(s) through negotiation before resorting to mediation, arbitration, litigation, or some other dispute resolution procedure. To this effect, the parties shall consult and negotiate with each other in good faith, and recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. The parties may conduct negotiation proceedings through in-person meetings or virtually through Zoom, Google Meet, or any other online video conferencing platform. If the parties do not reach such a solution within a period of 60 days, the parties shall settle the Dispute(s) through mediation.

Mediation:

In the event of failure to resolve such Dispute(s) through negotiation, any such Dispute(s) arising out of or in connection with these terms or in relation to the terms, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge, and applicable remedies, the Parties agree to resolve the Dispute(s) through mediation, before resorting to arbitration, litigation, or some other dispute resolution procedure, in accordance with the applicable rules (https://www.aaamediation.org/) of the American Arbitration Association (AAA). Nothing herein shall preclude any Party from seeking injunctive relief if the Party perceives that, serious harm may be done to the Party without such injunctive relief. Any Party to the dispute may serve notice on the others of its desire to resolve a particular dispute by mediation. The mediator shall be appointed by agreement between the Parties or, if the Parties cannot agree within five days after receipt of the notice of intention to mediate, the mediator will be appointed by American Arbitration Association. The mediation proceedings shall be held in the state of North Carolina (USA) unless any other applicable law requires to conduct of the mediation proceedings at a different place and such applicable law shall affect these terms only to the extent required by such applicable law. For convenience, the mediation proceedings may be held virtually through Zoom, Google Meet, or any other online video conferencing platform. The Parties agree to attempt to resolve their dispute at mediation. The costs of the mediator shall be shared equally by the Parties. If the dispute has not been resolved within thirty days of the notice of desire to mediate, any Party may terminate the mediation and proceed to arbitration as set out below.

Arbitration:

In the event of failure to resolve such Dispute(s) through mediation, any such Dispute(s) arising out of or in connection with these terms or in relation to the terms, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge, and applicable remedies, the Parties agree to the Dispute(s) through arbitration before resorting to litigation, or some other dispute resolution procedure, in accordance with the AAA Consumer Arbitration Rules. Nothing herein shall preclude any Party from seeking injunctive relief in the event that the Party perceives that without such injunctive relief, serious harm may be done to the Party. Any Party may serve notice of its desire to refer a dispute to arbitration. The arbitration shall be conducted by a single arbitrator. The arbitration proceedings shall be held in the state of North Carolina (USA) unless any other applicable law requires to conduct of the mediation proceedings at a different place and such applicable law shall affect these terms only to the extent required by such applicable law. For convenience, the arbitration proceedings may be held virtually through Zoom, Google Meet, or any other online video conferencing platform. The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The costs of the arbitrator shall be divided equally between the Parties.

THE ARBITRATION PROCEEDINGS DESCRIBED HEREIN WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. The arbitrator may not consolidate Dispute(s) against us by other individuals or entities unless we expressly consent to such consolidation. These terms provide no right or authority for any Dispute(s) to be arbitrated, adjudicated, or resolved through proceedings on a class or representative basis or using class action procedures. The arbitrator may award any relief that is permitted by applicable law with respect to your individual claim, but to the maximum extent permitted by applicable law, may not award relief against us respecting any person other than you.

CLASS AND COLLECTIVE ACTION WAIVER: To the fullest extent allowed by applicable law, we and you agree that neither of us may participate as a class representative, private attorney general, or as a member of any class of claimants for any Dispute(s) subject to arbitration or for any non-arbitrable claim pursued in court. The arbitrator and any court shall construe these terms to arbitrate and the terms to waive class or collective actions in any manner that will render them enforceable and give them effect. If for any reason, this class or collective action waiver is deemed unenforceable by a court or arbitrator, you agree that the parties’ contract to arbitrate is then entirely void. If any portion of these terms other than the class action waiver is found illegal or unenforceable, such portion shall be severed and the remainder of the terms shall be given full force and effect. Any Dispute(s) subject to any such portion of these terms shall be decided by the arbitrator.

Disclosures:

We are located in North Carolina, USA. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Governing Law and Dispute Resolution:

SOME JURISDICTIONS HAVE CONSUMER PROTECTION AND OTHER LEGISLATION WHICH MAY APPLY TO THE SALE OF PRODUCT(S) AND WHICH DO NOT ALLOW CERTAIN PROVISIONS SUCH AS RESTRICTIONS ON GOVERNING LAW OR JURISDICTION, LIMITATIONS OF LIABILITY, AND EXCLUSION OF CERTAIN WARRANTIES, AMONG OTHERS. TO THE EXTENT THAT A RESTRICTION ON GOVERNING LAW OR JURISDICTION, LIMITATION, EXCLUSION, RESTRICTION, OR OTHER PROVISION SET OUT BELOW IS SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SUCH LIMITATION, EXCLUSION, RESTRICTION OR PROVISION MAY NOT APPLY TO YOU.

These terms shall be governed, construed, enforced, and interpreted exclusively in accordance with the laws of the State of North Carolina, USA unless any other applicable law requires the terms to be governed, construed, enforced, and interpreted exclusively in accordance with the law of a different place and such applicable law shall affect these terms only to the extent required by such applicable law and if such applicable law applies, these terms shall be given their maximum effect. Any Dispute(s)” of any nature between the parties, arising out of or in connection to or in relation to these terms, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge, and applicable remedies, shall be subject to the jurisdiction of the Competent Courts of North Carolina (USA) unless any other applicable laws subject the Dispute(s) to the jurisdiction of the Competent Courts of a different place.

Entirety:

Except as they may be supplemented by our additional terms, policies, guidelines, standards, or terms for a specific service or offering, these terms along with the (i) Privacy Policy; (ii) Shipping Policy; (iii) Cancellation, Returns, Refund, and Exchange Policy; (iv) Cosmetic Product(s) Usage and Disclaimer Terms; (v) FAQs constitute the entire and exclusive understanding and agreement between you and us, regarding the use of the Website, and these terms supersede and replace any and all prior oral or written understandings or agreements between you and us regarding the use of the Website. You agree that these terms shall not be construed against us by virtue of having drafted them.

Contact:

If you have any questions, would like to provide feedback, or would like more information about us, please feel free to email us at customcare@zoitelia.shop.