Terms of Service

ZULAY KITCHEN

TERMS OF SALE

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ IT CAREFULLY BEFORE PLACING AN ORDER.

THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, UNLESS YOU OPT OUT AS DESCRIBED BELOW.

BY PLACING AN ORDER ON THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE OR OF LEGAL AGE TO FORM A BINDING CONTRACT WITH ZULAY KITCHEN, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE BY APPLICABLE LAW.

These Terms of Sale ("Terms") apply to the purchase and sale of products and services through the Zulay Kitchen website located at zulaykitchen.com (the "Site"). These Terms are subject to change by Zulay Kitchen (referred to as "Zulay Kitchen," "we," "us," or "our") without prior written notice at any time, in our sole discretion. The most current version of these Terms will be posted on the Site, and you should review these Terms before purchasing any product or service. Your continued use of the Site after a posted change in these Terms constitutes your acceptance of and agreement to such changes.

1. Order Acceptance and Cancellation

Your order constitutes an offer to purchase products listed in your order under these Terms. All orders are subject to our acceptance, and we reserve the right to refuse or cancel any order at our sole discretion, including but not limited to orders involving pricing errors, suspected fraud, or unavailability of product. A contract of sale between you and Zulay Kitchen is not formed until you receive an order confirmation email from us containing your order number and details of the items ordered. We may cancel an order at any time prior to shipment and will issue a full refund if payment has already been collected.

2. Prices and Payment Terms

All prices displayed on the Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time your order is placed and will be confirmed in your order confirmation email. Price changes will only apply to orders placed after the effective date of such change. Prices displayed do not include applicable taxes or shipping and handling charges, which will be calculated and itemized in your shopping cart and order confirmation email.

Payment must be received in full prior to our acceptance and processing of your order. We accept major credit cards including Visa, MasterCard, American Express, and Discover, as well as PayPal and other payment methods as displayed at checkout. By submitting payment information, you represent and warrant that: (i) the payment information you provide is accurate, complete, and current; (ii) you are authorized to use the payment method provided; (iii) charges will be honored by your financial institution; and (iv) you will pay all charges at posted prices, including applicable taxes and fees.

We are not responsible for pricing errors, typographical mistakes, or inaccuracies in any offer and reserve the right to cancel orders arising from such errors, even after an order confirmation has been sent.

3. Shipments; Delivery; Title and Risk of Loss

We will arrange shipment of products to the delivery address provided in your order. Specific delivery options are described on individual product pages. You are responsible for all shipping and handling charges specified during checkout.

Title and risk of loss transfer to you upon our delivery of the products to the carrier. Shipping and delivery dates are estimates only and are not guaranteed. Zulay Kitchen is not liable for any delays in shipment caused by the carrier, weather events, supply chain disruptions, or any other circumstances beyond our reasonable control.

4. Returns and Refunds

Except for products designated on the Site as non-returnable, we will accept returns for a refund of your purchase price, less the original shipping and handling costs, provided that: (i) the return is initiated within 30 days of the date of purchase; (ii) the product is returned in its original, unused condition with all original parts, accessories, and packaging; and (iii) consumable products such as food items, spices, or similar goods are unopened and in their original sealed condition.

To initiate a return:

1. Contact our customer service team by visiting zulaykitchen.com/returns or by emailing support@zulaykitchen.com to request a return authorization number.

2. Securely repackage your items to prevent damage in transit. Clearly mark the return authorization number on the outside of the package. We strongly recommend using a trackable shipping method, as we cannot issue credit for items lost in transit.

3. Ship your return to: Zulay Kitchen Returns, [Warehouse Address], Florida.

You are responsible for all return shipping and handling charges. You bear the risk of loss during return shipment. We strongly recommend insuring your return shipment against loss or damage. Refunds are processed within approximately 7 to 10 business days of our receipt and inspection of the returned merchandise. Refunds will be credited to the original payment method used at purchase. Items that require cleaning, repackaging, or replacement of parts, or that otherwise do not fully meet our return requirements, may be accepted at our sole discretion and may be subject to a restocking fee of up to 20%. No refunds will be issued for products designated as non-returnable. After 30 days, defective items covered by a product warranty will be handled in accordance with the applicable warranty policy.

5. Limited Warranty; Disclaimer of Warranties

Certain Zulay Kitchen products are covered by a limited warranty as described in our Limited Product Warranty Policy available on the Site. Third-party products sold through the Site are not covered by Zulay Kitchen's limited warranty and are subject to the terms of the respective manufacturer's warranty, if any.

EXCEPT AS EXPRESSLY SET FORTH IN OUR LIMITED PRODUCT WARRANTY POLICY FOR AN APPLICABLE PRODUCT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZULAY KITCHEN DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. ZULAY KITCHEN EXPRESSLY DISCLAIMS LIABILITY FOR CLAIMS ARISING FROM NORMAL WEAR AND TEAR, PRODUCT MISUSE, ABUSE, MODIFICATION, IMPROPER SELECTION, OR MISAPPROPRIATION. YOU ARE SOLELY RESPONSIBLE FOR THE PROPER, SAFE, AND LAWFUL HANDLING, STORAGE, AND USE OF ALL PRODUCTS PURCHASED THROUGH THE SITE. THESE DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. IN NO EVENT SHALL ZULAY KITCHEN, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE, REGARDLESS OF WHETHER ZULAY KITCHEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY ASSERTED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZULAY KITCHEN'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR PURCHASE OF PRODUCTS OR SERVICES SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SPECIFIC PRODUCT OR SERVICE TO WHICH THE CLAIM RELATES, OR $100.00 IF THE CLAIM DOES NOT RELATE TO A PAID PRODUCT OR SERVICE.

Some jurisdictions do not permit the exclusion of certain warranties or the limitation of liability for certain types of damages. If you reside in such a jurisdiction, some of the above limitations may not apply to you. In such cases, Zulay Kitchen's liability will be limited to the maximum extent permitted under applicable law.

7. Goods Not for Resale or Export

By placing an order, you represent and warrant that you are purchasing products solely for your own personal or household use and not for resale, redistribution, or export. You agree to comply with all applicable federal, state, and local laws and regulations in connection with your purchase and use of our products.

8. Privacy

Our Privacy Policy, available at zulaykitchen.com/pages/privacy-policy, governs the collection, use, and processing of all personal information collected from you in connection with your purchase of products or services through the Site. By using the Site or placing an order, you acknowledge and agree to the terms of our Privacy Policy.

9. Force Majeure

Zulay Kitchen shall not be liable or responsible for any failure or delay in performance under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, floods, fires, earthquakes, explosions, pandemics, epidemics, governmental actions, war, terrorism, civil unrest, national emergencies, labor disputes or strikes, carrier delays, or interruptions in telecommunications or power supply. In such events, our obligations will be suspended for the duration of the force majeure condition, and we will make reasonable efforts to resume performance as soon as practicable.

10. Governing Law and Jurisdiction

These Terms and all matters arising out of or relating to them are governed by and construed in accordance with the internal laws of the State of Florida, without regard to its conflict of law principles. To the extent that any dispute is not subject to arbitration as described below, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Florida.

11. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A JURY TRIAL.

11(a). Scope of Agreement

You and Zulay Kitchen agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. This Section is intended to be interpreted broadly and applies to all disputes between you and Zulay Kitchen, including claims arising out of or relating to these Terms, the Site, any products or services purchased through the Site, advertising, and any prior or future agreements between the parties, regardless of the legal theory asserted. Excluded from this Section are claims for intellectual property enforcement and small claims court matters, as further described below.

11(b). Informal Dispute Resolution

Before initiating formal arbitration, you agree to first contact Zulay Kitchen in writing at: Zulay Kitchen Legal Department, [Address], Florida, with a copy to legal@zulaykitchen.com. Your notice must include your name, a brief description of the dispute, your contact information, and a description of the relief you seek. We will similarly notify you before taking formal action against you. The parties agree to make good-faith efforts to resolve the dispute informally within sixty (60) days of the initial notice. Completion of this informal dispute resolution process is a condition precedent to initiating arbitration.

11(c). Binding Arbitration

If the dispute is not resolved through informal negotiation within sixty (60) days, either party may initiate binding arbitration. All claims arising out of or relating to these Terms shall be finally resolved by binding arbitration administered by JAMS pursuant to the JAMS Streamlined Arbitration Rules for claims not exceeding $250,000, and the JAMS Comprehensive Arbitration Rules for claims exceeding $250,000, in each case excluding any rules permitting class or representative actions. The arbitrator shall have exclusive authority to resolve all disputes relating to the interpretation, applicability, enforceability, or formation of these Terms.

11(d). Arbitrator's Powers

The arbitrator shall have the authority to award any relief that would be available in a court of law or equity, including the authority to grant dispositive motions in whole or in part. The arbitrator's award shall be written, final, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties shall each bear their own attorneys' fees and costs unless applicable law provides otherwise or the arbitrator determines that a claim was frivolous or brought in bad faith.

11(e). Filing a Demand

To initiate arbitration, you must: (a) prepare a written Demand for Arbitration describing your claim and the relief you seek (forms available at www.jamsadr.com); (b) follow JAMS procedures to commence the arbitration; and (c) send a copy of the Demand to Zulay Kitchen Legal Department at the address listed above. Filing, administrative, and arbitrator fees shall be governed by JAMS consumer fee schedules.

11(f). Waiver of Class and Representative Actions

BY AGREEING TO THESE TERMS, YOU AND ZULAY KITCHEN EACH WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING, WHETHER AS A PLAINTIFF, CLASS MEMBER, OR OTHERWISE. ALL ARBITRATIONS SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON AND MAY AWARD RELIEF ONLY TO THE EXTENT NECESSARY TO SATISFY YOUR INDIVIDUAL CLAIM. IF A COURT FINDS THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM SHALL BE SEVERED AND LITIGATED IN COURT WHILE ALL OTHER CLAIMS REMAIN SUBJECT TO ARBITRATION.

11(g). Waiver of Jury Trial

BY AGREEING TO THESE TERMS, YOU AND ZULAY KITCHEN EACH WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY CLAIM WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT.

11(h). Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights (including patents, copyrights, trademarks, and trade secrets), or may bring a qualifying claim in a small claims court of competent jurisdiction, provided that such matter remains in small claims court and proceeds on an individual basis only.

11(i). Right to Opt Out

You have the right to opt out of this arbitration agreement by sending written notice to arbitration.optout@zulaykitchen.com with the subject line "ARBITRATION AND CLASS ACTION WAIVER OPT OUT," including your full name and email address associated with your account. This notice must be sent within thirty (30) days of the date you first accept these Terms or first use the Site under a version of the Terms containing this arbitration provision, whichever is later. If you opt out, neither party will be bound by this arbitration provision, and disputes will be resolved in courts of competent jurisdiction in Florida.

11(j). Changes to This Section

If we make material changes to this Section 11, you may reject such changes by sending written notice to us within thirty (30) days of the change. Rejection of a future change does not affect your existing obligation to arbitrate under the current version of these Terms, as modified by any changes you have not rejected.

11(k). Survival

This arbitration agreement survives any termination of these Terms or your use of the Site or services.

12. Assignment

You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any attempted assignment or delegation without such consent is null and void. Zulay Kitchen may freely assign its rights and obligations under these Terms without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

13. No Waivers

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and duly signed by an authorized representative of Zulay Kitchen.

14. No Third-Party Beneficiaries

These Terms are for the sole benefit of you and Zulay Kitchen and do not confer any rights or remedies upon any third party.

15. Notices

Notices to you may be provided by email to the address associated with your account or by posting on the Site. Email notices are effective upon sending; posted notices are effective upon posting. It is your responsibility to maintain a current and accurate email address with us.

Notices to Zulay Kitchen under these Terms must be sent by personal delivery, overnight courier, or certified or registered mail to: Zulay Kitchen Legal Department, [Address], Florida. Notices by personal delivery are effective immediately; by overnight courier, one business day after sending; by certified or registered mail, three business days after sending.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be severed from these Terms without affecting the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

17. SMS and Text Message Marketing

By providing your mobile phone number and consenting to receive text messages from us, you agree to our Messaging Terms and Messaging Privacy Policy as posted on the Site. Message and data rates may apply. You may opt out at any time by replying STOP to any message or by contacting us at support@zulaykitchen.com. Consent to receive text messages is not a condition of purchase.

18. Entire Agreement

These Terms, together with our order confirmation emails, Website Terms of Use, and Privacy Policy, constitute the entire and final agreement between you and Zulay Kitchen with respect to your purchase of products and services through the Site and supersede all prior or contemporaneous agreements, representations, and understandings, whether written or oral, relating to the same subject matter.