Terms and Conditions

Last updated: May 30, 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

* Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

* Country refers to: Missouri, United States

* Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Zhané Clay.

* Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

* Service refers to the Website.

* Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

* Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

* Website refers to Zhané Clay, accessible from zhaneclay.com

* You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, 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 Service, third-party software and/or third- party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Acceptance of Terms

By accessing or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our website.

Website Use

  • Eligibility: You must be at least 18 years old or have the legal authority to enter into a contract to use our website. By accessing or using our website, you represent and warrant that you meet these eligibility requirements.

  • Account Creation: Certain features of our website may require you to create an account. You agree to provide accurate, current, and complete information during the registration process. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account.

  • Prohibited Activities: You agree not to engage in any of the following activities:

    • i. Violating any applicable laws or regulations.

    • ii. Interfering with or disrupting the security or integrity of our website.

    • iii. Uploading or transmitting any malicious code, viruses, or harmful software.

    • iv. Engaging in any activity that could harm, disable, overburden, or impair our website.

    • v. Collecting or harvesting any personally identifiable information from our website.

    • vi. Attempting to gain unauthorized access to our website or its related systems.

    • vii. Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

    • viii. Using our website for any illegal, fraudulent, or unauthorized purpose.

      Intellectual Property

      • Ownership: All content on our website, including but not limited to text, graphics, logos, images, audio clips, video clips, and software, is the property of Zhané Clay or its content suppliers and is protected by copyright laws and international treaties.

      • Limited License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our website and its content solely for personal and non-commercial purposes. You may not modify, reproduce, distribute, display, perform, or create derivative works from any content obtained through our website without our prior written permission.

  • Ordering and Payment a. Product Information: We strive to provide accurate and detailed product descriptions on our website. However, we do not warrant that the descriptions or any other content on our website are error-free, complete, or current. b. Pricing: Prices for our products are subject to change without notice. We reserve the right to modify or discontinue any product at any time without liability. c. Orders: When you place an order through our website, it constitutes an offer to purchase the product(s) in accordance with these Terms. We reserve the right to refuse or cancel any order for any reason. d. Payment: Payment for orders must be made through the designated payment methods provided on our website. You agree to provide accurate and complete payment information. All payments are subject to verification and acceptance by us. e. Shipping: We will ship the ordered products to the address provided by you during the checkout process. Shipping times and methods may vary depending on your location and the product availability. Please refer to our shipping policy for more information.

  • Returns and Refunds

    • Return Policy: We take pride in creating unique and one-of-a-kind pieces that our customers can cherish for years to come. We understand that mistakes can happen, and if an item is deemed defective, we are more than happy to offer a refund. However, because our products are made by hand and can vary in size, shape, and color, we cannot accept refunds for items that do not meet the exact specifications requested or expected by the customer. We strive to exceed our customers' expectations and ensure that every item leaving our studio is of the highest quality.

    • Refunds: If a return is approved, we will issue a refund in the original form of payment or provide store credit, as per your preference. Shipping charges are non-refundable, and you will be responsible for return shipping costs unless the return is due to our error or a defective product.

    • Damaged or Defective Products: In the case of a damaged or defective product, please contact us immediately with details and photographic evidence. We will work with you to resolve the issue by discussing a replacement, repair, or refund, depending on the circumstances.

  • Limitation of Liability To the fullest extent permitted by law, Zhané Clay and its directors, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or in connection with your use of our website or the products or services provided by Zhané Clay.

  • Indemnification You agree to indemnify, defend, and hold harmless Zhané Clay and its directors, employees, or agents from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or in connection with your use of our website, violation of these Terms, or infringement of any intellectual property or other rights of any person or entity.

  • Modifications to Terms We reserve the right to modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting the revised Terms on our website. Your continued use of our website after the posting of any changes constitutes your acceptance of such changes.

  • Governing Law and Jurisdiction These Terms and your use of our website shall be governed by and construed in accordance with the laws of USA/Missouri. Any dispute arising out of or relating to these Terms or your use of our website shall be subject to the exclusive jurisdiction of the courts located in Missouri.

  • By using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Thank you for choosing Zhané Clay!

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: * By email: zhane.zw@gmail.com