Terms of service

OVERVIEW

Welcome to DIY Wholesale! The terms “we”, “us” and “our” refer to Zoe DIY Wholesale. Zoe DIY Wholesale operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Zoe DIY Wholesale is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy (https://zoediy.com/policies/privacy-policy). If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Zoe DIY Wholesale reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Zoe DIY Wholesale confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Zoe DIY Wholesale may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.

Returns, refunds and exchanges are governed by our Refund Policy (https://zoediy.com/policies/refund-policy), without limiting any mandatory consumer rights or remedies under applicable law.

ZoeDIY serves individual makers and business customers. Orders may be placed for personal crafts, business production or lawful commercial resale of supplies or finished handmade goods, subject to applicable law and any product-specific restrictions. Purchasing goods does not grant rights to use ZoeDIY or third-party trademarks, copyrighted characters or other protected intellectual property without permission.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use the credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

Estimated delivery times are not guaranteed unless expressly agreed otherwise. Delivery delays caused by carriers, customs processing or events outside our control may affect arrival times, but nothing in these Terms excludes ZoeDIY’s obligations or customers’ remedies under applicable law.

Title and risk of loss pass according to applicable law and the terms of the order. Where consumer law requires the seller to bear delivery risk until the goods reach the customer (or an authorized recipient), that rule applies; an exception may apply if you independently appoint a carrier not offered by ZoeDIY.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Zoe DIY Wholesale, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to access and use the Services for lawful personal purchases, business procurement and related shopping activities. This permission does not authorize reproduction, redistribution or commercial exploitation of ZoeDIY website content, images, trademarks or other intellectual property without the necessary permission.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Zoe DIY Wholesale, Shopify or any third party. Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted herein are reserved by Zoe DIY Wholesale.

Zoe DIY Wholesale names, logos, product and service names, designs, and slogans are trademarks of Zoe DIY Wholesale or its affiliates or licensors. You must not use such trademarks without the prior written permission of Zoe DIY Wholesale. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control or input.

We provide access to such third-party tools “as is” and “as available,” without warranties, representations or conditions of any kind to the extent permitted by applicable law.

Any use of third-party tools is at your own risk and discretion. You should familiarize yourself with and approve the applicable provider’s terms before using the tools.

We may offer new features, tools or resources on the Services in the future. Such features shall be deemed part of the Services and subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave the Services to access those materials or sites, you do so at your own risk.

We are not liable for harm or damages arising from your access to or use of third-party websites, products, services, resources or content to the extent permitted by applicable law. Please review their policies and practices before engaging in transactions. Complaints, claims, concerns or questions regarding third-party offerings should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Zoe DIY Wholesale is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Zoe DIY Wholesale. By using the Services, you acknowledge that Shopify is not responsible for any aspect of the sales between you and Zoe DIY Wholesale, except to the extent Shopify has its own legal obligations. Any release or limitation of liability in this section applies only to the extent permitted by applicable law.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed at https://zoediy.com/policies/privacy-policy. Certain personal information may also be subject to Shopify’s Privacy Policy, available at https://www.shopify.com/legal/privacy/app-users.

Because the Services are hosted by Shopify, Shopify collects and processes information about access to and use of the Services to provide and improve its services. Information submitted through our Store may be shared with Shopify and relevant service providers, including those located in other countries, as described in the applicable privacy policies.

Please review our Privacy Policy for details about how we, Shopify and our partners use personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display that Feedback in any medium for purposes related to operating, improving and promoting the Services, subject to applicable law.

You represent and warrant that you own or have the necessary rights to the Feedback, that you have disclosed any compensation or incentives related to its submission where required, and that it complies with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation or respond to Feedback, except where applicable law requires otherwise.

We may monitor, edit or remove Feedback that we determine violates these Terms, applicable law or the rights of others.

Your Feedback must not contain unlawful, defamatory, abusive, obscene or infringing material, malicious software or misleading representations about its source. You are responsible for Feedback you submit and its accuracy, subject to applicable law.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate, subject to applicable law, the terms of the order and any rights that customers may have.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services, directly or indirectly:

(a) for unlawful or malicious purposes;

(b) to violate applicable laws or regulations;

(c) to infringe intellectual property rights;

(d) to harass, abuse, threaten, defame or intimidate any person;

(e) to transmit false or misleading information;

(f) to send or receive material that violates these Terms;

(g) to distribute unsolicited advertising, spam or phishing content;

(h) to impersonate another person or entity; or

(i) to engage in conduct that interferes with the Services or harms other users.

You also agree not to upload or transmit malicious code, exploit website content without authorization, unlawfully collect personal information, interfere with security features or use automated access methods in violation of these Terms or applicable law.

We reserve the right to suspend or terminate access for violations of these Terms, subject to applicable law.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services, in whole or in part, in accordance with these Terms and applicable law. You remain liable for amounts lawfully owed up to the date of termination.

Provisions that by their nature survive termination, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Governing Law and Privacy Policy, will continue to apply.

SECTION 15 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for general information purposes. We do not warrant its accuracy, completeness or usefulness. Any reliance on such information is at your own risk to the extent permitted by applicable law.

EXCEPT AS EXPRESSLY STATED BY ZOE DIY WHOLESALE OR REQUIRED BY LAW, THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE OR NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. NOTHING IN THIS SECTION EXCLUDES OR LIMITS NON-EXCLUDABLE STATUTORY RIGHTS OR REMEDIES.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZOE DIY WHOLESALE, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICES OR PRODUCTS, EXCEPT WHERE SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

NOTHING IN THESE TERMS LIMITS LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE LIMITED.

SECTION 17 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Zoe DIY Wholesale and its affiliates, partners, directors, officers, employees, agents, contractors, licensors and service providers against third-party claims, losses or liabilities arising from your material breach of these Terms or unlawful use of the Services.

We will notify you of any such claim and provide reasonable information relevant to it. This provision does not limit mandatory consumer rights or impose liabilities that cannot lawfully be imposed on consumers.

SECTION 18 - SEVERABILITY

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall be limited or severed to the minimum extent necessary, and the remaining provisions shall continue in effect to the extent permitted by applicable law.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision shall not constitute a waiver of that right or provision.

These Terms and any policies or operating rules expressly incorporated into them constitute the agreement between you and Zoe DIY Wholesale concerning the Services, subject to applicable law and any mandatory consumer protections.

Any ambiguity shall be interpreted in accordance with applicable law.

SECTION 20 - ASSIGNMENT

You may not assign your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.

We may transfer or assign our rights and obligations in connection with a legitimate business transaction, subject to applicable law and any notice requirements.

SECTION 21 - GOVERNING LAW

These Terms are governed by the laws applicable to Zoe DIY Wholesale and the relevant transaction, subject to mandatory consumer protections and jurisdiction rules that apply to the customer.

Nothing in these Terms deprives consumers of protections or remedies provided by laws that cannot be contractually excluded.

SECTION 22 - HEADINGS

The headings used in this agreement are included for convenience only and shall not limit or otherwise affect the interpretation of these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We may update these Terms from time to time by publishing a revised version. Material changes will be communicated where required by applicable law. Changes do not retrospectively remove rights already accrued under existing orders or applicable consumer law.

SECTION 24 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to hello@zoediy.com.