Terms and Conditions
These Terms and Conditions (“Terms and Conditions”, “Terms”) apply to the provision of all goods and services by Zempire USA (“the Company”, “we”, “us”, “our”) to you (“you”, “your”, “the Purchaser”).
By placing an order, you confirm you have read, understood, and agree to be bound by these Terms as amended from time to time.
Please review these Terms each time you place an order, as the Company may update them periodically.
1. Payment
All goods must be paid for at the time the order is placed.
All payments must be made in full, without deduction or set-off, and are deemed received only once cleared.
If payment is declined or invalid for any reason, your order will not be processed.
All prices are stated in U.S. Dollars (USD) and exclude applicable state or local sales taxes unless stated otherwise.
2. Delivery
All delivery times provided by the Company are estimates only. The Company is not liable for late delivery, non-delivery, or any resulting consequential losses.
Delivery time quotations are made in good faith but are not binding.
Where access is required for delivery, the Purchaser is responsible for providing safe and adequate access.
Authority to Leave (ATL)
By ordering goods, you authorize Zempire USA and our couriers to leave your parcel at the delivery address (“ATL”), whether attended or not.
We are not liable for:
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Incorrectly supplied addresses
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Parcels stolen, removed, or damaged after the courier confirms delivery
Risk of Loss
Risk transfers to the Purchaser when the goods are collected by the carrier, who acts as the Purchaser’s agent for delivery.
If items are temporarily out of stock, they will be supplied once available.
3. Claims for Damage Prior to Delivery
Before signing for delivery, you must ensure the consignment matches the carrier’s delivery note.
Any visible damage or shortage must be noted on the carrier’s documentation at the time of delivery.
Claims for goods damaged prior to delivery must be submitted in writing within 7 days, including photographic evidence.
Where damage is confirmed, the Company may (at its discretion):
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Repair the goods
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Replace the goods
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Refund or credit the applicable portion of the purchase price
Goods will not be accepted if damage occurred due to the Purchaser’s handling.
Failure to file a claim within 7 days is deemed conclusive evidence that the goods were delivered in full and in acceptable condition.
4. Claims for Shortages or Discrepancies
Claims for shortages, incorrect items, or discrepancies must be made in writing within 7 days of delivery.
The Company may (at its discretion):
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Repair
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Replace
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Refund or credit the applicable portion of the purchase price
Failure to file a claim within 7 days constitutes acceptance of the goods as delivered.
5. Cancellation
Orders cannot be cancelled after completion of checkout without the Company’s written consent.
The Company may cancel an order and provide a refund if necessary (excluding cases where the Purchaser breaches these Terms).
6. Warranty (U.S. Limited Warranty)
We provide a 12-month Limited Warranty (or another period specified for certain products) from the original purchase date, covering:
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Material defects
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Manufacturing defects
To be eligible, goods must be used, stored, and maintained in accordance with the product manual.
Warranty Remedies
If a valid warranty claim is approved, we will:
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Repair the item, or
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Replace it with the same or equivalent product
The warranty period does not restart after repair or replacement.
Warranty Exclusions
No claims will be accepted if goods have been:
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Modified
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Improperly used
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Misused or abused
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Used contrary to instructions
Submitting a Claim
Submit claims by email or through your online account.
Based on the evidence provided, we may:
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Reject the claim, or
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Accept it for further assessment
If approved, goods must be returned clean and dry.
Risk of loss during return transit remains with the Purchaser.
Non-compliant returns will be rejected and returned at the Purchaser’s expense.
Disclaimer of Implied Warranties (as permitted by U.S. state law)
To the maximum extent permitted by law, all implied warranties, including merchantability and fitness for a particular purpose, are disclaimed or limited to the duration of the Limited Warranty.
7. Liability
To the fullest extent permitted by U.S. law, the Company’s total liability for any claim relating to the goods shall not exceed the amount actually paid for the order giving rise to the claim.
The Company is not liable for:
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Indirect, incidental, special, punitive, or consequential damages
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Loss arising from the actions of the Purchaser’s employees, contractors, agents, or third parties
The Purchaser agrees to indemnify the Company against claims made by such persons.
Some states do not allow exclusions or limitations of certain damages; in such cases, these limitations apply only to the extent allowed by law.
8. Consumer Rights (USA)
Some states grant consumers non-waivable statutory rights.
Nothing in these Terms is intended to exclude or restrict rights you may have under applicable U.S. state laws.
Where such laws apply and conflict with a clause in these Terms, the consumer protections take priority.
9. Errors or Omissions
Clerical or typographical errors (including pricing, description, or invoicing errors) may be corrected by the Company without liability.
10. Product Descriptions
The Company continuously improves its products.
Accordingly, all descriptions, illustrations, and literature are for reference only and are not binding.
11. Force Majeure
The Company is not liable for delays or failures caused by events beyond its reasonable control, including:
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Fire
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Natural disasters
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Power outages
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Labor disputes
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Civil unrest
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Transportation delays
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Government actions
If such an event continues for more than 6 months, either party may cancel the order by written notice.
12. Assignment
The Company may assign its rights and obligations at any time.
The Purchaser may not assign rights without prior written consent.
13. Information & Privacy
The Company collects, stores, and uses personal information in accordance with the Zempire USA Privacy Policy, available in the website footer.
You authorize the Company to:
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Obtain required information from third parties
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Store information provided by you or third parties
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Share information with service providers to process payments, deliveries, or recover debts
14. Intellectual Property
All intellectual property relating to the Company’s products or website remains the exclusive property of the Company.
You must not:
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Reproduce
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Modify
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Adapt
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Distribute
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Exploit
any such intellectual property.
You must notify the Company immediately if you suspect infringement.
15. Dispute Resolution (U.S.-based)
If a dispute arises, representatives of both parties must meet within 14 days to attempt resolution.
If unresolved, the dispute must be submitted to binding arbitration under the rules of the American Arbitration Association (AAA), held in the U.S. state where Zempire USA is incorporated or headquartered.
No party may commence court proceedings (other than for injunctive relief) before completing arbitration.
16. General
These Terms are governed by the laws of the U.S. state of Washington.
The parties submit to the jurisdiction of the state and federal courts located in that state.
If any provision is invalid, it will be severed and the remainder will remain in effect.
A failure to enforce a right does not constitute a waiver unless confirmed in writing.