Terms & Conditions
Welcome to www.zestandzing.co.uk (the “Website”).
Your use of the Website and purchase of any products from the Website is at all times subject to these Terms and Conditions.
These Terms and Conditions were last updated on: 29 March 2017.
Who is Zest & Zing
Zest & Zing is the trade name used by Taha Fezzani, the sole trader who operates this Website. All uses of “we”, “us” or “our” in these Terms and Conditions are references to Taha Fezzani trading as Zest & Zing. Our business address is Kemp House, 152 - 160 City Road, London, EC1V 2NX, United Kingdom. Our VAT number is 253 8858 64. All sales made through this Website are made by Taha Fezzani trading as Zest & Zing.
Changes to these terms
The access to and use of the Website, including but not limited to display of web pages, communication with us, and/or printing material from this Website may only be carried out by you exclusively for non-commercial purposes, which should in no way be connected to any trade, business or professional activity. You may not use this Website or any materials from it, for or in connection with any unlawful or criminal purpose or for the purposes of hosting, disseminating or propagating viruses, among others.
Viruses, hacking and other offences
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any site linked to it. Please also see the Limitation of Liability at clause 20 below.
Privacy and Cookies
Intellectual property rights
Unless otherwise specified, all content and the intellectual property rights in such content included on this Website, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colours, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, “Content”), are the property of Zest & Zing Limited. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without getting prior express written consent from us.
Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorised in writing by us, will be carried out by you for lawful purposes only and in compliance with all applicable laws.
Links to other websites
Linking to our Website
Unless we clearly indicate on our Website or you have our specific prior written permission (“Linking Permission”):
(a) you may only link to our homepage, provided you do so in a way that is fair, legal and does not damage or take advantage of our reputation. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
(b) you must not establish a link from any site that is not owned by you;
(c) our Website must not be framed on any other site; and
(d) we reserve the right to withdraw any Linking Permission without notice.
If you wish to make any use of any material on our Website other than as set out above, please contact us in accordance with clause 22 below.
We do not accept unsolicited ideas and submissions for products, packaging, marketing, advertising research or business operations. If you ignore this policy and submit an idea, you agree that the idea becomes and remains the sole and exclusive property of Zest & Zing Limited without any payment to you (and for the purposes of these Terms and Conditions becomes a Submission, as defined below). From time to time, we may offer sections where you and other users can post or otherwise submit information or other materials on or to the Website (collectively, “Submissions”). By sending, posting or transmitting Submissions to us or any area of the Website, you grant us and our designees a worldwide, non-exclusive, sub-licensable, transferable, royalty-free, perpetual, irrevocable right to use, reproduce, sublicense, distribute, create derivative works of, perform and import your Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you.
In other words, we have the automatic right to use your Submissions — including reproducing, disclosing, publishing or broadcasting your Submission — anywhere, anytime, in any medium and for any purpose. Under no circumstances are you entitled to payment if we use one of your Submissions. All Submissions are deemed non-confidential and non-proprietary. You are responsible for your Submissions. By posting a Submission, you promise that:
(a) You own or otherwise control all of the rights to your Submission, including without limitation all copyrights and trademarks;
(b) Your Submission is true and accurate;
(c) Your Submission does not violate the rights of any other person or entity, such as rights of privacy and publicity; and
(d) Your Submission complies with applicable laws, rules and regulations.
You acknowledge and agree that we have the right (but not the obligation) to alter, remove or refuse to post or allow to be posted any Submission. We take no responsibility and assume no liability for any Submission posted by you or any third party.
Your reliance on this Website or its content
We try to ensure that the content of our Website is accurate and does not contain any incorrect or out-of-date information. However, we cannot be held liable for the accuracy and completeness of the content (except to the extent that such liability cannot be excluded at law). Content (including information about our products and services) is subject to change without notice. We cannot guarantee that the Website will operate continuously, without any interruptions or errors due to the connection to the Internet. All references on our Website to product labelling or other compositional information, conform to UK legal requirements.
How to place an order
Our Website will guide you through the process you need to follow to place an order. Your order will be placed when you click on the “Place Order” button at the end of the checkout process. By placing your order you are agreeing to purchase the product(s) you have selected.
When the contract is formed
Once you have placed your order, we will send you an email acknowledgement; we will then verify your payment method and will send you an order acceptance. At this point a contract will be in existence between you and us. Your order acceptance will include your order number. Should you need to contact us about your order, please use this order number because it will help us track your order.
When we may refuse an order
We may reject your order if:
(a) the product(s) you have chosen are not in stock;
(b) we cannot obtain authorisation for your payment;
(c) there has been a pricing or product description error;
(d) it appears that the order mistakenly duplicates another;
(e) the order appears to be for commercial use; or
(f) your order does not meet the Minimum Order Value (see clause 11).
Pricing and availability
The price for your products will be indicated on the Website. All prices are quoted in pounds sterling and include VAT at the prevailing rate. We try to ensure that all the prices shown on the Website are accurate, however sometimes errors do occur. Where a product’s correct price is lower than that paid, we will refund the difference to you, and despatch your order in the usual way. If the correct price is higher, we may contact you for further instructions before we accept your order.
If a product you have ordered is not currently available (either because it is available for pre-order or stocks have run out), you will receive an email notifying you when the product will be available. On receipt of this email, you will have the right to cancel your order should you wish to do so.
How to pay
You can only pay for products using a valid debit card or credit card. We accept the following cards: VISA, MasterCard, Maestro, Maestro UK, Discover and American Express. We will not take payment or charge your credit card until your order has been accepted and is ready to be shipped. By providing details of a credit or debit card, you confirm that you are authorised to use that payment method and you authorise us (or our third party payment processor) to charge your payment method for the total amount of your order.
Subject to always product availability, we will endeavour to fulfil your order within 30 days from the date of the order acceptance, unless we specify an earlier delivery period in the order acceptance. However, we cannot always guarantee that we will do so due to factors beyond our reasonable control. If that is the case we will try to contact you as soon as we are able to in order to rearrange delivery.
In the event of a pre-order (where we indicate that a product is not yet available but allow you to place an order which you will pay for only when the product is available for
shipping), we might indicate an estimated delivery date. By continuing to place such a pre-order, you are accepting that your order could take longer than 30 days to fulfil.
You have the right to cancel the contract and receive a full refund in circumstances where:
(a) your delivery is later than agreed and you indicated at the time of placing the order that it was essential that it was delivered on time; or
(b) we notify you that we will not be able to deliver within the delivery period specified in the order acceptance and we are unable to agree an alternative delivery date with you.
Delivery and packing charges
The prices shown on the Website do not include delivery and packaging charges; these will be shown separately on our Website at the checkout stage before you place your order.
Amendment of orders and cancellation rights
You have the right to cancel the contract at any time until the expiry of the 14 days after the date of delivery of the goods by notifying us by telephone or email (see clause 22 below). We ask that items are returned in to us with their original packaging and with any tags intact. In the case of items which include a hygiene or security seal, we ask that you exercise reasonable care by not removing the seals while examining the goods, unless you are certain that you intend to keep the goods. In the event that any seals or tags are removed or tampered with, we cannot accept the return of that item nor will we refund the cost of this item to you. You are responsible for the cost of returning products to us where you have cancelled the contract. We will credit your payment card with the price of such products, including standard delivery charges, within 30 days from the date you return the products to us (provided payment has already been debited to your payment card).
It is our aim to ensure that all products supplied to you arrive in perfect condition. If your parcel shows signs of damage at the time of delivery then please do not accept delivery. We are under a legal duty to supply products that conform with the contract. If a product is not as described, is not fit for purpose or of satisfactory quality, you have the right to cancel your order and receive a refund or ask for a replacement. If you do wish to cancel the contract, please let us know as soon as possible by contacting us in accordance with clause 22 below and we will refund the cost of the product and any delivery charges. We will also arrange for the return of the defective products to us and we will reimburse your reasonable costs of returning the products. During the expected shelf life of one of our products, your legal rights under the Consumer Rights Act 2015 entitle you to claim an immediate refund within 30 days of delivery if the product is not as described, is not fit for purpose or of satisfactory quality. Nothing in these Terms will affect any other legal rights that you may have. For further information about your legal rights, please contact your local authority trading standards department or the Citizens Advice Bureau.
Limitation of liability
If we fail to comply with these Terms and Conditions, or are negligent, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breach of the Website Terms or our negligence. Loss or damage is only a reasonably foreseeable result of a breach if at the time we entered into this contract it was an obvious consequence of our breach or was specifically contemplated by you and us. Your access and use of this Website is at your own risk. You will be liable for your use of the Website and its contents. In particular, you will be liable for communicating information or data which is not correct, is false or concerning third parties (in the event such third parties have not given their consent) as well as for any improper use of such data or information. We exclude any express or implied warranties that any material used or downloaded from this website will not cause loss or damage to any data or property, such as software or hardware, including but not limited to loss or damage caused by viruses or the downloading of viruses. We accept no liability for any such loss or damage suffered by you, your business, or another as a result of your use of this Website. These Terms and Conditions do not limit or exclude:
- our statutory liabilities which cannot be excluded by law;
- our liability for death or personal injury resulting from our negligence; or
- our liability for fraud or fraudulent misrepresentation.
Other important terms
- We may transfer our obligations under the contract to another organisation, but this will not affect your rights or our obligations to you under these Terms and Conditions.
- The contract is between you and us. No other person shall have any rights to enforce any of its terms.
- Each of the clauses of these Terms and Conditions operate separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Please note that these Terms and Conditions are governed by English law. This means a contract for the purchase of products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may bring legal proceedings either in the Northern Ireland or the English courts, and if you are a resident of Scotland, you may bring legal proceedings in the Scottish or the English courts.
If you have any queries or complaints, please visit the Contact Us section of the Website.