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This Zoybar.net Purchase Agreement (the
"Agreement") sets forth the terms and conditions
governing the purchase of Zoybar kits at www.zoybar.net
(the"Website"). Zoybar Ltd.
("Zoybar") develops makes and markets modular
hardware kits for creating unique custom made electric string
instruments and effects ("Products").
The design of the Zoybar kit is flexible. It contains a basic
platform and various components, each designated for a different
function. You may select, attach and assemble the basic platform
and the components of your choice.
Please read this Agreement carefully before you proceed with the
purchase process, because it constitutes a legal and binding
contract between you and Zoybar. By clicking the "order this kit"
icon, you represent that you have carefully read, understood and
agreed to this Agreement. If you do not agree with the following
terms and conditions, discontinue the purchase process.
Eligibility
To purchase a Product, you must be as least 18 years of age. If you
are under the age of 18, you may not purchase any Product through
the Website.
Purchase Policy
The Products are offered for your personal use only.
Upon the completion of an order on the Website, you will receive a
confirmation Notice. The confirmation notice does not indicate
Zoybar’s acceptance of your order, or a confirmation of Zoybar's
offer to sell. Zoybar reserves the right at all times after receipt
of your order to accept or cancel your order, or reduce the
quantities ordered. Your order will be deemed accepted by Zoybar
when you are sent a notification that your order has been
accepted.
Zoybar may require additional verifications or information before
accepting any order. Therefore Zoybar reserves the right to contact
you, if and when required.
Fees and Payment Terms
The payment for the Products is executed by the PayPal secured
checkout service ("PayPal"). You do not need to
provide us your credit card details or any other financial
information. When placing an order, you will be required to provide
details of your PayPal account. If you do not have a PayPal
account, you will be able to open one quickly and provide PayPal
with your credit card number and associated payment information,
(as published on PayPal's website at: https://www.paypal.com. Please visit
PayPal's website to learn more about the service. Note that Zoybar
only collects the money for your order from PayPal and does not
debit your credit card directly. Therefore, providing your payment
information to PayPal is subject to PayPal's terms and conditions
and privacy policy, as posted on their website, and not to Zoybar's
terms published herein.
Upon receiving your PayPal information, Zoybar will invoice your
PayPal account for all fees and charges due and payable to Zoybar
as a result of your purchase. Your order will be shipped only when
Zoybar receives a confirmation from the PayPal service that a full
and complete payment has been processed to PayPal. Please note:
payment can be declined by your credit card company. Failing to
settle your payments will prevent you from receiving the Products
you order.
You agree to immediately notify the PayPal service of any change in
the credit card used for payment hereunder through PayPal or in the
billing address you provided the PayPal service.
Zoybar may change its fees and billing methods at any time. Such
changes will take effect immediately upon their posting on the
Website.
Import Taxes and Customs Fees
Zoybar is not responsible for any taxes or fees imposed when your
shipment arrives. Please be aware that these fees may be
substantial depending on your country’s policies and you hereby
warrant to bare all accompanying fees to the Product you order.
Shipment Policy
The production and assembly of a Product will usually take up to 14
days. The Shipment schedule varies and depends on the final
destination. Zoybar will make best efforts to ship the Products to
you on time and well wrapped, however, Zoybar is not responsible
for any delays in shipping or failure of shipment. To the extent
possible, Zoybar will post updates on the Website of unforeseen
delays or contact you directly.
While in transit and until you receive the product, the product is
insured against damage and loss, pursuant to the terms of the
policy issued on behalf of Zoybar. The terms of the insurance
policy, and the identity of the insurer may change from time to
time.
The destinations of shipment and other relevant shipment
information are available at Zoybar’s shipment policy ,
posted on the Website.
Return Policy
Each Product you purchase from Zoybar is custom made and
manufactured specifically upon your order. Therefore Zoybar does
not accept returns or process refunds for any reason, except as
provided for in Zoybar's Return Policy and
subject to the limited warranty terms in this agreement.
Intellectual
property
All rights, title and interest in and to the Product, including
patents, copyrights, trademarks, trade names, service marks, trade
secrets and other intellectual property rights, and any goodwill
associated therewith, are owned by, or licensed to Zoybar.
Unless otherwise expressly permitted by Zoybar in this Agreement,
you may not use Zoybar proprietary rights, either by yourself or by
a third party on your behalf, in any way or by any means, including
electronic, mechanical or optical means, without a prior explicit
license from Zoybar. You may not make, have made, use, sell, offer
to sell, have sold, distribute or import copies of the Products, or
engage in any other commercial use of the Products and/or any parts
thereof, without receiving a prior explicit license from
Zoybar.
You may not adapt or use otherwise any name, mark or logo that is
identical, or confusingly similar to any of Zoybar's trademarks,
service marks, trade names and logos, except as indicated or
attached to the Product. You agree to retain and avoid distorting
Zoybar's marks.
You must avoid any action or omission which may dilute, or tarnish
Zoybar's goodwill.
LIMITED WARRANTY
ZOYBAR WARRANTS SOLELY TO THE ORIGINAL PURCHASER THAT THE PRODUCT
PURCHASED DIRECTLY FROM ZOYBAR WILL BE FREE FROM DEFECTS IN
MATERIALS AND WORKMANSHIP WHEN USED WITHIN THE LIMITS SPECIFIED ON
THE WEBSITE FOR A PERIOD OF ONE (1) YEAR FROM DATE OF RECEIPT.
THE EXCLUSIVE REMEDY AND ZOYBAR’S ENTIRE LIABILITY UNDER THIS
LIMITED WARRANTY, WILL BE FOR ZOYBAR, AT ITS OWN DISCRETION TO (I)
REPAIR THE DEFECTED PART OF THE PRODUCT, OR (B) REPLACE THE
DEFECTED PART OF THE PRODUCT WITH A REASONABLY AVAILABLE EQUIVALENT
NEW OR REFURBISHED PART. IN ANY CASE OF MALFUNCTION, ZOYBAR WILL
NOT REPLACE THE WHOLE PRODUCT, BUT THE DEFECTED PART THEREOF ONLY.
ANY REPAIRED OR REPLACED PARTS WILL BE WARRANTED FOR THE REMAINDER
OF THE ORIGINAL WARRANTY PERIOD OR FOR THIRTY (30) DAYS, WHICHEVER
IS LONGER.
THIS LIMITED WARRANTY DOES NOT APPLY IF: (A) THE PRODUCT HAS NOT
BEEN OPERATED, USED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH
ZOYBAR'S INSTRUCTIONS, (B) THE PRODUCT HAS BEEN ALTERED OR
MODIFIED, EXCEPT BY ZOYBAR, (C) THE PRODUCT HAS BEEN SUBJECTED TO
ABNORMAL PHYSICAL OR ELECTRICAL STRESS, ABUSE, MISUSE, NEGLIGENCE,
OR ACCIDENT, (D) THE PRODUCT DAMAGE WAS CAUSED BY USE WITH
NON-ZOYBAR PRODUCTS, OR (E) THE PRODUCT IS SUPPLIED FOR BETA,
EVALUATION, PROMOTIONAL, TESTING OR DEMONSTRATION PURPOSES FOR
WHICH ZOYBAR DOES NOT CHARGE A PURCHASE PRICE.
ALL FUNCTIONS PROVIDED BY ZOYBAR WITH THE PRODUCT, ARE PROVIDED “AS
IS” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING,
ZOYBAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE, THE INABILITY TO USE, OR THE RESULTS OF THE USE OF THE
PRODUCT, INCLUDING IN CONNECTION WITH ANY tax or customs lawS and
regulations in your state of residence, OR ANY OTHER APPLICABLE
LAWS AND REGULATIONS, AND IN CONNECTIONS WITH SHIPMENT AND STORAGE
CONDITIONS.
YOU AGREE AND ACKNOWLEDGE THAT THE Use of THE PRODUCT is ENTiRELY,
OR AT THE MAXiMUM PERMiTTED BY THE APPLiCABLE LAW, at your own
risk.
ZOYBAR,
iNCLUDiNG ITS OFFiCERS, DiRECTORS, SHAREHOLDERS, EMPLOYEES,
SUB-CONTRACTORS, AGENTS, pARENT COMPANIES, SISTER COMPANIES,
SUBSIDIARIES AND OTHER AFFILIATES (together "ZOYBAR'S
group") WILL NOT BE LiABLE TO THE MAXiMUM EXTENT PERMiTTED
BY THE APPLiCABLE LAW, FOR ANY DiRECT, iNDiRECT, iNCiDENTAL, OR
CONSEQUENTiAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (iNCLUDiNG LOSS
OF PROFiT, LOSS OF DATA AND WORK STOPPAGE), COSTS, EXPENSES AND
PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF
ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING
NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, PRODUCT LIABILITY
AND STRICT LIABILITY, THAT MAY RESULT FROM, OR iN CONNECTiON WiTH
THE USE OR THE INABILITY TO USE THE Products, OR FROM ANY FAULT OR
ERROR MADE BY ZOYBAR'S group's STAFF, OR FROM ANY COMMUNiCATiON
with ZOYBAR, rEGARDLESS OF WHETHER ZOYBAR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOUR SOLE REMEDY WILL BE
LiMiTED TO THE CORRECTiONS OF SUCH ERRORS, OR MALFUNCTiONS, IF
APPLICABLE OR PUrSUANT TO ZOYBAR'S LIMITED WARRANTY AND RETURN
POLICY.
Indemnification
You agree to indemnify, defend and hold harmless
Zoybar, at your own expense and immediately after receiving a
written notice, from and against any damages, loss, costs, expenses
and payments, including reasonable attorney’s fees and legal
expenses, resulting from any complaint, claim, or demand, arising
from, or in connection with your use of the Products, or your
breach of this Agreement, or any other rules or regulations
applicable to the order, shipment and the use of the Products.
Governing
Law, Jurisdiction
This Agreement will be governed by and construed in accordance with
the laws of Israel, without giving effect to any choice of law or
conflict of law, rules or provisions of Israel, or of any other
jurisdiction, which would result in the application of the laws of
a jurisdiction other than of Israel.
You agree to resolve any dispute or claim that you may have against
Zoybar's group and to submit to personal jurisdiction in the
exclusive jurisdiction of the courts in the city of Tel Aviv,
Israel.
Contact
details
You may contact Zoybar's
customer service on the Website, or by using the contact
details hereunder:
(Company name) Zoybar Ltd.
(Mailing address) Israel,Kibbutz Kiryat Anavim, D.N Harei
Yehuda P.O. box 194
(Telephone number) 972-2-5348855
(e-mail
address)
General
This Agreement constitutes the entire agreement between you and
Zoybar with respect to the purchase of the Product and any parts
thereof.
No waiver, concession, extension, representation, alteration,
addition or derogation from this Agreement by Zoybar, or pursuant
to this Agreement, will be effective unless consented to explicitly
and executed in writing by Zoybar's authorized representative.
This Agreement will take precedence over all documents, forms and
policies incorporated thereto, which may conflict with this
Agreement, unless specifically indicated in such documents that a
certain provision is determined notwithstanding any of the
provisions of this Agreement.
Failure on Zoybar's part to demand performance of any provision in
the Agreement will not constitute a waiver of any of Zoybar' rights
under this Agreement.
The United Nations Convention on Contracts for the International
Sale of Goods will not govern this Agreement.
Changes in Ownership
Zoybar may transfer its ownership rights and title in the Products
to a third party, provided that your rights according to this
Agreement are not harmed by the transfer of rights. In that case, a
copy of your details and information collected by Zoybar will be
transferred to the corporation receiving the rights in Zoybar's
Products and you hereby give your prior consent thereto.
Interpretation
The section headings in the Agreement are included for convenience
only and will take no part in the interpretation, or construing of
the Agreement.
"including", whether capitalized or not, means without
limitation.
Severability
If any provision of the Agreement is held to be illegal, invalid,
or unenforceable by a competent court, then the provision will be
performed and enforced to the maximum extent permitted by law, and
the remaining provisions of the Agreement will continue to remain
in full force and effect.
Survival
The provisions of the intellectual
property, warranty, limitation of liability and indemnification
sections, will survive the termination, or expiration of the
Agreement.
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