Terms & Conditions

PURPOSE AND SCOPE OF APPLICATION

1.1.1. Object
The T&Cs define the conditions of access to the Site, as well as the terms and conditions for the use of its functionalities by the USER.

1.1.2. Scope of application
The T&Cs apply to any beginning of use of the Site by a USER.

ACCEPTANCE

1.1.3. By accessing and using the Site, the USER accepts the T&Cs without reservation or condition and undertakes to respect them in all respects. The T&Cs can be modified at any time by Zhungite. The applicable T&Cs are those in force at any time, for the USER or CLIENT, on the day of use of the Site, and particularly for the CLIENT, those in force on the day of express acceptance thereof via the Product order form or at the time of subscription to the Services.

TERRITORIES

1.1.4. The Site is accessible to all countries in the world. In the event that our products and services referred to therein or the manner in which they are offered violate, in whole or in part, regulations with regard to the USER’s national right of residence, it is the USER’s responsibility to waive access from this territory or to access it from other territories where they are deemed legal. The USER who chooses to access the Site from a territory where the Site, the Products and Services would violate, in whole or in part, a national regulation applicable on his own initiative, at his own risk and peril and it is his responsibility to assume the consequences of the application of the public policy rules of his country of residence, without him being able to attribute the responsibility to Zhungite.

EVIDENCE AGREEMENT

1.1.5. The USER acknowledges that the recordings and backups (including Data and any connection data) made from the Site and e-mails exchanged with Zhungite (the “Electronic Documents”) as well as their faithful reproductions on microfiche, optical or magnetic discs, kept by Zhungite, will have probative value between the USER and Zhungite. Thus, the Electronic Documents (including their date and time) shall be deemed authentic, until proven otherwise, between the USER and Zhungite in the event of a claim or dispute.

USE OF THE SITE AND CONTENT

1.1.6. The use of the Site implies for the USER to have an Internet connection and adequate computer equipment whose costs are independent of the services offered by Zhungite.
The USER undertakes not to:
– attempt to access the elements of the Site by means other than the interfaces provided by Zhungite for this purpose;
– sell, assign, publish, present, disclose or make available to third parties any of the content made available to it by Zhungite;
– remove Zhungite’s identification and ownership notices;
– create hypertext links to the Site (other than under the conditions set out in section 1.0.6 below);
– publish any test or analysis of performance or evaluation relating to Zhungite or the Site;
– use for purposes other than personal and private, copy or transmit to third parties the elements of the Site;
– infiltrate or attempt to infiltrate the computer systems hosting the Site, in particular through reverse engineering.

INTELLECTUAL PROPERTY

1.0.1 The violation of the conditions of this section shall automatically entail, in addition to the USER’s liability, the suspension or termination (at the discretion of Zhungite) for the CLIENT, without prior notice, of the supply of the Products and Services.

RESPECT FOR COPYRIGHT

1.0.3 All copyright (copyright and related rights such as database producers’ rights, as well as copyright on the software making up the Site) of protected works reproduced and communicated on this Site, are reserved for the whole world. The USER undertakes not to use the works other than for reproduction or consultation for personal and private purposes.

REPRODUCTION

1.0.4 The USER undertakes not to reproduce all or part of the Site on any medium whatsoever (paper, electronic, etc.), other than for personal and private use.

DESCRIPTOR

1.0.5 On the USER’s credit card statement, any purchase of any product will appear as “ZHUNGITE.COM”

LINKS

1.0.6 (a) Creating links to the Site
The USER may set up a hypertext link to its content, subject to the following conditions:
– not to use the deep linking technique, i.e. the pages of the Site must not be embedded within the pages of another site, but accessible by opening a window;
– mention the source that will lead through a hypertext link directly to the targeted content. The data on the Site must only be used by the USER for personal, associative or professional purposes. Any use for commercial or advertising purposes by the USER is excluded. The possibility offered by the USER to create a link to the Site does not apply to the creation of links on Internet sites disseminating information of a controversial or pornographic nature, inciting racial hatred or any form of discrimination or which may, to a greater extent, offend the sensitivity of the greatest number or public order. The USER who wishes to make any other use of the content of the Site or who has a doubt about the scope of his rights under the TOU, must first consult Zhungite before any action he wishes to perform.

(b) Links on the Site to other sites
The Site may contain hypertext links to the content of third party websites that are not controlled by Zhungite. The USER acknowledges and accepts that Zhungite cannot be held responsible for the content of websites to which the USER may access from the Site. When the USER accesses another website other than the Site, the USER agrees to do so under his responsibility and control and to assume any possible risks, Zhungite not making any commitment to the USER as to the accuracy or reliability of the information, data, opinions, advice or statements presented on this other site, nor as to the quality of the services offered therein. Zhungite provides these links only for practical purposes, and the existence of these links does not imply in any way that Zhungite is or accepts responsibility for the content or uses of these third-party sites. Zhungite recommends that the USER take all reasonable and generally accepted measures to protect computer systems and equipment such as the use of anti-virus software or programs, firewalls and to exercise caution, particularly when opening documents.

LIMITATIONS OF RIGHTS

1.0.7 Zhungite is the owner or licensee of the intellectual property rights of both the general structure of the Site and its content. The USER acknowledges and accepts that access to the Site and the services made available to it by Zhungite shall not transfer or license any intellectual property rights (in particular trademark or copyright rights) and other rights to the USER. The USER acknowledges and accepts that the use of the Site and access to the services and their content does not authorize the USER to reproduce, resell, exchange, lease, rent, modify, adapt, correct, and this either free of charge or against payment, all or part of the Site, the services and their content protected by trademark law, or by any other intellectual property right whatsoever. None of the terms and conditions of the T&Cs shall be construed as an assignment or license of any of these rights for the benefit of any party.

PERSONAL DATA

1.0.8 In accordance with the law “Informatique et Libertés” of 6 January 1978 amended by the law relating to the protection of personal data of 20 June 2018 and the European Regulation 2016/679 of 27 April 2016, Zhungite respects the privacy of the USER. Zhungite undertakes that all information it collects to identify the CLIENT in connection with the CLIENT’s use of the e-commerce service to purchase a Product or subscribe to a Service shall be considered confidential information. To find out how his or her personal data is processed, to be informed of his or her rights to this data, and to learn more about cookies, the USER is invited to consult Zhungite’s Personal Data Protection Policy via a link on the Site or when purchasing a Product by consulting the link provided for this purpose, or to contact Zhungite either by post or by e-mail at the addresses indicated at the bottom of the TOS below. To exercise his rights to Zhungite, the CLIENT may choose to send his request, either by post or by e-mail to the addresses indicated below, or via the Personal Data Form on the Site. Requests are processed within one (1) month of receipt by Zhungite. When purchasing a Product, Zhungite offers to receive its promotional offers by email and SMS. The CLIENT may unsubscribe at any time via the hypertext link at the bottom of the offers received by e-mail.

BANK DATA

1.0.9 The payment card data provided by the CLIENT when placing an order on the Site is securely collected via a payment form and then processed by an independent payment service provider. Thus, Zhungite is not in possession of the CLIENT’s payment card data and is therefore exempted, as such, from any special declaration.

MAJOR STRENGTH

1.1 Neither the USER nor Zhungite shall be liable to the other for any failure to perform any of its obligations as a result of a force majeure event. By express agreement, are also considered between the USER and Zhungite as an event constituting force majeure, in addition to those usually retained by the case law, the blocking of communications, including telecommunications networks, total or partial strike, lockout, riot, civil unrest, insurrection, civil or foreign war, nuclear risk, embargo, confiscation, capture or destruction by any public authority, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, computer failure, any consequence of technological development, not foreseeable by Zhungite, calling into question the norms and standards of its profession.

WARRANTIES AND EXCLUSION

1.2 To the fullest extent permitted by applicable law, Zhungite shall only be liable for direct damages resulting from a fault in the delivery of the services directly attributable to Zhungite. The USER acknowledges and accepts that Zhungite shall in no event be liable for any indirect and/or incidental damages (including, without limitation, loss of revenue, business interruption, limitation of time, loss of opportunity or any other kind) resulting from the use or inability to use the Site. Zhungite does not guarantee to the USER that the Site meets all of the USER’s requirements or that the Site is permanently available without interruption or error.

AFFILIATION

1.3 Zhungite may offer on the Site services marketed by partners under an affiliation contract, to which the T&Cs are not applicable. Consequently, the USER acknowledges and accepts that Zhungite does not give any guarantee or assume any liability for any direct or indirect damage resulting from the USER’s use of a site or orders placed with its partners.

INFORMATION – COMPLAINT

1.4 Any request for information or complaint regarding the use of the Site must be addressed to Zhungite through the Site by referring to the “Contact” section or by e-mail indicated at the bottom of the T&Cs. The response to the complaint will be made within thirty (30) working days by e-mail or by post. If at the end of this period, the USER does not obtain satisfaction, he has the possibility to make a second request by notification by registered letter with acknowledgement of receipt to the address indicated by email. The processing of his request will not exceed one (1) month from the receipt of the notification. In all correspondence, whether electronic or postal, addressed to Zhungite, the USER undertakes to mention his full name, denomination, e-mail address, the subject of his request in order to allow his identification and the processing of his requests. Any incomplete request will not be processed by Zhungite.

GENERAL PROVISIONS

1.6 Tolerance
The fact that Zhungite does not at any given time invoke any of the clauses of the TOU and/or tolerates a breach by the USER of any of its obligations referred to in the TOU shall not be interpreted as a waiver by Zhungite of any subsequent invoking of any of the clauses of the TOU.

1.7 Severability
The invalidity of one of the clauses of the GCU, in application in particular of a law, a regulation or following a decision of a competent court which has become final, shall not entail the invalidity of the other clauses of the GCU which shall retain their full effect and scope.

1.8 Titles
The headings of the T&C clauses are for reference purposes only and do not in themselves have any contractual value or special meaning.

1.9 Language
The language of the TOU is only in English. The use of any other language on the Site is for information purposes only. In the event of any difficulty of interpretation or contradiction between the English version and a version in another language, only the English version shall prevail.

APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

2.1 The T&Cs are exclusively subject to United States law.
In the absence of an amicable agreement between Zhungite and the CLIENT, any dispute will be brought to the attention of the territorially competent court. For CLIENTS who do not have a close link, within the meaning of Article L. 231-1 of the Consumer Code, with the territory of a Member State, any dispute shall fall within the exclusive jurisdiction, in the first instance, of the competent court notwithstanding multiple defendants or warranty claims, conflicts of laws or jurisdictions. The attribution of jurisdiction is general and applies whether it is a main application, an incidental application, an action on the merits or a summary judgment.

2.2 You authorize us to make a one-time debit to your credit card as indicated at the time of your purchase.

2.2.2 Your product will be shipped within 24 hours and will arrive within 3 to 5 business days. If your product does not arrive on time, please call customer service to resolve the delay. We always strive to deliver as quickly as possible, but circumstances beyond our control may occur, such as bad weather, natural disasters or other postal delays, which may prevent the timely arrival of your product. You agree that we are not responsible for such delays.

2.3 Please contact customer service at support@zhungite.com between 8am and 8pm every day for any questions regarding your product, payment or return.

2.4 In the event that the customer’s payment is refused, we may automatically try a lower pack (at a reduced price) again immediately and up to 48 hours after the initial invoice.

CONDITIONS FOR RETURNS, CANCELLATIONS AND REFUNDS

3.1 REFUND POLICY. You must send an email to customer service at support@zhungite.com before arrangements can be made for a refund. Shipping and handling fees are not refundable. You can return your product in its unopened packaging within 30 days for a full refund. Your account will be credited within 14-30 days of receiving your product. We will credit the same card used to purchase the product. If you do not see a refund within this period, please contact customer service.

Zhungite ships internationally. Here are the lists of countries we can ship to: United States, Canada, United Kingdom, Australia, Germany, New Zealand, France, Ireland, Sweden, Mexico, Switzerland, Belgium, Finland, Israel, Romania, Netherlands, Nepal, Puerto Rico, Austria, Spain, Norway, Poland and Saudi Arabia.

Your country is not on this list? Reach out to us by email at support@zhungite.com.

SHIPPING: All countries outside of USA & Canada, we have no choice but to charge $19.99 as our carriers charge us more.

TRACKING: We are unable to provide tracking information for countries outside of USA & Canada.

PLEASE NOTE: If countries outside of USA & Canada charge any customs fees, duties, taxes, or tariffs, you are responsible for those fees upon delivery. Unfortunately, we are unable to collect any fees on your behalf. We are unable to accept returns or provide refunds for these cases.

3.1.1.1 You can also cancel by email to Customer Service at support@zhungite.com

3.1.1.2 The address to return the products will be given to you upon contacting us.

3.2 Persons with a health problem, who are pregnant or who have reason to believe that they may become pregnant within the next 60 days should not order this product. Requests for refunds will not be accepted and no refunds will be granted for these reasons. You should consult a doctor before placing an order if you are not sure you can take this product.

3.4 For returns, please contact support@zhungite.com to find out the address of your return.

DISPUTE RESOLUTION

4.1 You agree to indemnify for any financial prejudice or loss caused by your claims for costs that are not in accordance with this section. You will be liable for the reimbursement of expenses and losses incurred as a result of your failure to comply with the provisions of this Agreement.

4.2 The Credit Card Billing Customer expressly agrees that if the Customer pays by credit card, cheque or demand debit, the Customer shall comply with the following statement: “I hereby authorize debit/credit entries on my bank deposit account or credit card.”

5.1 Although we do our utmost to ensure that the items appearing on the Site are available, we cannot guarantee that all items are in stock or immediately available when you place your order. We may reject your order (without liability) if we are unable to process or fulfill it. If this is the case, we will refund any previous payments you made for this item.

5.2 An order submitted by You to us constitutes an offer to purchase the Subscription to these Conditions and is subject to Our subsequent acceptance.

5.3 Prior to this acceptance, an automatic acknowledgement of receipt of your order by e-mail may be generated. Please note that such automatic acknowledgement of receipt does not constitute a formal acceptance of your order.

5.4 Our acceptance of Your order takes effect and the contract is concluded at the time such an offer is expressly accepted by Us by sending Your order and accepting Your credit card or other payment (“Acceptance”).

5.5 We reserve the right to retain orders received, acknowledgements of receipt, acceptances and other contractual documents for a reasonable period of time after acceptance. We are able to provide you with copies upon written request; however, you must ensure that you print a copy of all these documents and these terms and conditions for your own records.

YOUR DECLARATIONS

6.1 You declare that the information you have provided when placing your order is up to date, materially accurate and sufficient for us to be able to fulfill your order. You are responsible for promptly storing and updating your account information with Us to ensure its accuracy and completeness and for keeping such information (and any passwords you have been given to access the Site and/or purchase Products) secure against unauthorized access. Unless otherwise agreed or required by applicable law, any warranty provided in connection with your purchase applies only to you, provided that you are a user and not a reseller of the product.

6.2 No warranty, undertaking or other obligation shall be assumed by you on our behalf or on behalf of a manufacturer, licensee or supplier of products without our prior written consent.

PRICE AND PAYMENT TERMS (NOTE: WE CANNOT CONFIRM PRICES UNTIL YOUR ORDER HAS BEEN ACCEPTED)

6.4 The prices payable for the Product are those in force at the time of shipment or delivery, unless otherwise expressly agreed. The prices may be indicated on the Site or an order confirmation, but the price in the event of a discrepancy is the price notified to You on Our Acceptance.

6.5 We have the right, at any time prior to our Acceptance, to remove any discount and/or modify prices to reflect increases in costs, including (without limitation) costs of materials, transportation, labour or the increase or collection of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to inform you of any errors in product descriptions or pricing errors before shipping the products. In such a case, if you choose to continue with the order, you acknowledge that the product or service will be provided in accordance with the revised description or corrected price.

6.6 The list of places that we deliver is indicated on the Site (“Territory”). Unless otherwise indicated, the prices indicated are: excluding shipping or transport costs to the agreed place of delivery within the Territory (the costs of which are indicated on the Site); and excluding VAT and other taxes or duties which (if any) must be added to the price to be paid.

6.7 You agree to pay the taxes, shipping or transportation costs of the Products as specified by Us on the Site when You submit Your order form. Payment will be made before delivery and according to the terms indicated on the Site.

6.8 Unless otherwise expressly provided in these Conditions or on the Site, payment may be made in full, notwithstanding any claim for incomplete delivery or defects.

6.9 We will charge credit or debit cards at the time of shipment of the Product or commencement of the Services. We reserve the right to check credit or debit card payments before acceptance.

6.10 If, at any time, you do not pay the amount due on the due date, or if we are unable to collect the payment due to a lack of funds or a cancelled credit card, we may, by notice, declare all amounts unpaid on that date to be immediately due and payable. No counterclaim or set-off may be deducted from any payment due without our written consent. We may also sue you for the price of the products at any time after payment has become due, even if ownership of the products has not yet been transferred to you.

TERMINATION

7.1 If You commit an act of bankruptcy or an act of arrangement with your creditors or a court order is made against You or You take or suffer a similar action as a result of a debt or We have reason to believe that You are unable to pay Your debts when they become due; or You do not pay any amount on the due date or do not comply with any of these Conditions, then, without prejudice to our other rights, we may:

7.1.1 Stop any product in transit; and/or

7.1.2 Suspend further deliveries of products; and/or

7.1.3 Stop or suspend the provision of services; and/or

7.1.4 By written notice, terminate Your order and all other contracts between You and Us.

DELIVERY AND RISKS

8.1 The delivery times/dates specified on the Site, in any acknowledgement of receipt of order, acceptance or elsewhere are estimates only. Although we strive to meet these deadlines or dates, we do not commit to ship the products and/or start the services on a particular date or dates and we are not responsible to you for any delay or failure to do so. IF OUR PRODUCTS DO NOT ARRIVE WITHIN THE ESTIMATED DELIVERY TIME OF 2 TO 5 WORKING DAYS, PLEASE CONTACT OUR CUSTOMER SERVICE AND INFORM THEM.

8.2 Delivery must be made to a valid address in the Territory you have provided and subject to acceptance (“Delivery Address”). You must check the Delivery Address on any acknowledgement or acceptance we provide and notify us promptly of any errors or omissions. We reserve the right to charge you additional fees for any changes you make to the delivery address after placing an order.

8.3 If you refuse or do not take delivery of the products supplied in accordance with these conditions, any risk of loss or damage to the products will nevertheless be transferred and without prejudice to any other right or remedy available to us:

8.3.1 We are entitled to demand immediate and full payment for the Products or Services delivered and to make delivery by any means we deem appropriate or to store the Products at your own risk;

8.3.2 You shall pay upon request all storage costs for the Product and any additional costs incurred as a result of such refusal or failure to take delivery;

8.3.3 We have the right, 30 days after the agreed delivery date, to dispose of the products in such manner as we deem appropriate and to deduct the proceeds of the sale from any amount due by you.

8.4 8.4 Except to the extent strictly required by the mandatory rights You have as a consumer under applicable law, You do not have the right to refuse the Products in whole or in part due to non-conforming delivery and You must pay in full notwithstanding non-conforming delivery or non-delivery, unless You notify us in writing of any claim within 7 days of the later of the dates of receipt of the invoice or delivery, after which You must pay for the quantity actually delivered.

8.5 In the event that We deliver the Products in instalments, each instalment constitutes a separate agreement and any failure to provide one or more instalments shall not entitle You to terminate the agreement as a whole or to cancel any subsequent instalment.

8.6 Except as otherwise provided in these Conditions, the risk of loss or damage to the Products shall pass to You upon delivery or upon taking possession of You or any carrier or transport provided by You, whichever occurs first.

8.7 Tracking number will be provided once your order has been shipped. The customer will be able to track the order using the tracking number. All of the orders are shipped using UPS and may take 7-14 days.

REJECTION, DAMAGE OR LOSS DURING TRANSPORT

9.1 Except as provided above and subject to the rights You have under applicable law which cannot be excluded or limited by these Terms:

9.1.1 We cannot be held liable and You have no right to refuse Products or Services, except with respect to: (a) damage or loss of the Products or any part of the Products in transit (when the Products are transported by Our own means of transport or by a carrier on Our behalf) when notified to us within 5 working days of receipt of the Products; (b) defects in the Products (which are not defects caused by any act, negligence or defect on your part) notified in writing within 30 days of receipt of the Products; and (c) improper performance of the Services (which are not defects caused by any act, negligence or defect on Your part) when notified in writing to Us within 5 days of the discovery of such apparent defects.

9.1.2 We shall not be liable for any damage or loss arising from the use of the Products in connection with other defective or unsuitable Products, Your negligence, improper use or in a manner inconsistent with the manufacturer’s specifications or instructions.

9.1.3 In the event of a shortage or failure to deliver, defect or damage to a Product or Service, We may, at our option: (a) (in the case of a shortage or non-delivery) remedy such a shortage or non-delivery; and/or (b) in the case of a failure or defective performance of a service, remedy such failure or defective performance; and/or (c) in the case of damage or one or more defects in the product and in accordance with any applicable return policy: (i) replace or repair the Product upon return of the Product; or (ii) refund the price paid for any Product found to be damaged or defective.

LIMITATION OF LIABILITY

10.1 TO THE FULLEST EXTENT POSSIBLE PERMITTED BY LAW, WHETHER OR NOT WE ARE AWARE OF OR INFORMED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED FOR HEREIN FAIL IN THEIR ESSENTIAL PURPOSE (1) OUR OVERALL LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL EVENT) SHALL IN NO EVENT EXCEED THE COST OF THE PRODUCTS ORDERED AND WHICH ARE MOST CLOSELY RELATED TO YOUR DAMAGES AND (2) WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUES OR COVERAGE COSTS.

10.2 Zhungite, in its sole discretion, is not liable for any unforeseen event or unavoidable or uncontrollable accident beyond the control of either party that prevents us from fulfilling our obligations under the contract.

THIRD PARTY RIGHTS

11.1 You shall indemnify Us for all liabilities, claims and costs incurred by or against Us as a direct or indirect result of the performance of the Services or any work on or with the Products where this has been done in accordance with Your specific requirements or specifications (or those of Your representative) causing a violation or alleged violation of any property rights of a third party.

11.2 To the fullest extent permitted by law, we shall not be liable to You if the Products or Services infringe or are alleged to infringe the property rights of a third party. In the event that the Products are or may be the subject of a patent, copyright, database right, registered design, trademark or other third party rights, you must refer to the relevant terms and conditions of the manufacturer of the Product and/or the licensor/owner. We are required to transfer to You only the rights or securities we own

WARRANTY “AS IS” IN GENERAL – WITHOUT TAKING INTO ACCOUNT THE SEPARATE WARRANTY STATEMENTS FIXED BY THE MANUFACTURER WITH THE PRODUCTS.

12.1 All Product features, illustrations, plans, specifications, dimensions, performance data and other information on the Site or made available by Us are intended to represent only a general illustration of the Products and do not constitute a warranty or representation on our part that the Products will comply with them. You must refer to the manufacturer’s specifications or warranty documentation to determine Your rights and remedies in this regard.

12.2 You will be covered by the manufacturer’s, licensor’s or supplier’s warranty with the products supplied and you must refer to the relevant documentation provided with the product in this regard.

12.3 Your rights to repair or replace any Product or any defective part or parts will be (unless otherwise agreed) cancelled or rendered null and void:

12.3.1 The products have been repaired or modified by persons other than the manufacturer, Us or any authorized dealer; and/or

12.3.2 the defective Product or Products have not been returned with full details in writing of the alleged defects within 30 days of the date on which such Products were delivered; and/or

12.3.3 Defects are due (in whole or in part) to improper treatment, use, storage or maintenance or improper installation, or failure to comply with the manufacturer’s instructions or other instructions issued or made available by Us in connection with the Products delivered.

12.4 UNLESS EXPRESSLY STATED OTHERWISE IN THIS SECTION 12, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THESE TERMS AND CONDITIONS SET OUT YOUR SOLE AND EXCLUSIVE REMEDIES.

AUTHORIZATIONS, CUSTOMS & EXPORT DUTIES

13.1 If a license or consent of a government or other authority is required for the acquisition, transport or use of the Products by You, You must obtain such license or consent at Your own expense and, if necessary, provide us with evidence upon request. Otherwise, You may not suspend or delay payment of the price. You must assume all additional costs incurred by us as a result of such failure.

13.2 Products licensed to you or sold to you under these Conditions may be subject to export control laws and regulations in the Territory or any other relevant jurisdiction where you take delivery of or use them. You will be responsible for compliance with these laws and will not do anything to violate them.

13.3 From a certain value, items entering the European Economic Area (EEA) from outside may be subject to customs duties (for example, when the costs exceed your personal import quota). You may be subject to customs duties, import duties and taxes, levied when the Product reaches your specified destination. All such additional costs for customs clearance or import duties or taxes must be borne by You, since We have no control over what these costs are. For more information on policies or customs duties, contact the local customs office in the jurisdiction concerned.

NOTICE

14.1 Any notice or other communication in connection with Our contract may be given by delivering it by hand, prepaid mail, fax or e-mail to the last address and contact that one party has notified in writing to the other. It will also be the address for the service of judicial proceedings in accordance with the procedures provided for by law. With the exception of the above concerning the cancellation of consumer orders, such notices or communications (when properly addressed) will be considered as received:

14.1.1 With respect to personal delivery, on the date of delivery to the relevant address (or, if not a business date, on the first following business date);

14.1.2 If mailed, 5 business days after the date of shipment;

14.1.4 If sent by e-mail, on the earliest of the following dates: (i) electronic mail for which the recipient acknowledges receipt; (ii) receipt by the sender of an automated message indicating that delivery has been successfully completed or that the electronic mail has been opened; or (iii) the expiry of 48 hours after transmission, provided that the sender has not received a notice of transmission failure.

PERSONAL INFORMATION AND PRIVACY

15.1 We comply with applicable data protection laws and do not use information that allows or may be used to identify you personally (“Personal Data”) other than as part of our privacy policy (“Privacy Policy”). By submitting your personal data in connection with your order, you consent to the processing of such personal data for the purpose of fulfilling your order and in accordance with this privacy statement.

GENERAL INFORMATION

16.1 You shall not assign, transfer, charge or purport to assign transfer fees to transfer your rights under these terms and conditions. Any alleged assignment shall be null and void.

16.2 We will not be liable to you or considered to be in breach of contract for any loss or damage that may result directly or indirectly from the fact that prevents, hinders or delays our performance due to circumstances beyond our reasonable control, including (but not limited to) any case of force majeure, war, terrorism, riot, civil unrest, government action, explosion, fire, explosion, flood, storm, accident, strike, blockage, trade dispute or labour dispute, plant or machinery failure, interruption of power supply, Internet communications or equipment and in such a case, we may choose to cancel your order and refund any payment made.

16.3 You acknowledge that these conditions replace and supersede all prior contracts, agreements and employment arrangements, whether oral or written, express or implied, between us. These conditions take precedence over any other condition contained or mentioned elsewhere or implied by trade, custom or the course of business. Any terms to the contrary are excluded to the fullest extent permitted by law. To the fullest extent permitted by applicable law, We reserve the right to amend these Terms and Conditions without prior written notice effective for the future, subject to Your right to reject, by written notice, our amendments to these Terms and Conditions with respect to any order for which acceptance, but not yet fulfilled, has occurred.

16.4 No relaxation, abstention, delay or indulgence by You or Us in the application of any of these Conditions or the granting of time by either party to the other shall affect or restrict such rights and powers.

16.5 No derogation from any of the conditions of these Conditions shall be effective unless made in writing and signed by Us. The waiver of any breach of a condition shall not be construed as a waiver of any subsequent breach or condition. 16.6 If, for any reason whatsoever, we consider any provision or part of these terms and conditions to be unlawful, unenforceable or invalid under the law applicable in a particular jurisdiction, or if a court of competent jurisdiction determines that any provision or part of these terms and conditions is unlawful, unenforceable or invalid under the law applicable in a particular jurisdiction:

16.6.1 These conditions shall not be affected in other jurisdictions to the extent that such a determination or conclusion does not apply; and

16.6.2 In the relevant jurisdiction, the remainder of these Terms and Conditions (to the fullest extent permitted by law) shall continue to be in full force and effect.

APPLICABLE UNITED STATES LAW

17.1 The validity of the interpretation and execution of these Terms shall be governed by United States law and You agree to submit to the exclusive jurisdiction of the United States courts, in the event of legal proceedings arising out of any dispute; the language of any dispute resolution proceedings or proceedings shall be English.

Privacy Policy (effective as of 01-01-12)
For the purposes of the Privacy Policy, the operator of this website (“Website”) KETO, will be referred to as “Company”, “we” or “us”. We are committed to providing comprehensive marketing based on authorization, while protecting your online privacy. Please read our privacy policy (“Policy”) to understand how your personal information will be treated as submitted on the website. This policy also applies to individuals who have agreed to receive email marketing from the Company through a opt-in or opt-out registration on another website where we collect your information. We collect information in several ways from different parts of the website. Visitors to our website track domain, host and/or Internet Protocol (IP) addresses. Some personally identifiable information is collected when you register in whole or in part for one of our many services or promotions. Website registration is required to participate in any promotion or random draw on the website. We may allow you to co-register (simultaneously register with another third-party website and our website) to participate in some of our services and promotions or those of third-party websites. When you register, we may ask you for information such as your name, postal address, e-mail address, telephone numbers and other information. We may also ask you for personally identifiable information at other times, including when you report a problem with the website. If you contact us, we may keep a record of this correspondence. From time to time, the Company may ask users to complete surveys that we use for research or other purposes. We may also offer users the opportunity to use other resources, services, forms or tools from which we may also collect your personal information.

Cookies
As part of the offer and provision of customizable and personalized services, the Company may use cookies to store and sometimes track information about you. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. In addition, we may use pixel tags (also known as clear gifs) to track some of the pages you visit on our website.
As a general rule we use cookies to:
(1) Remind us who you are and access your registration preferences to provide you with better and more personalized service. Cookies allow us to store our users’ preferences on the website without having to re-enter information each time they access the website.
(2) Estimate the size of our audience. Each browser accessing the website receives a unique cookie that is then used to determine the extent of repeated use and to help us communicate with you. This information collected by cookies is sometimes referred to as “clickstream” or “click trail” and may also describe the pages you have visited.
(3) Measure certain traffic patterns, the areas of the company’s website you have visited and your overall visit patterns. We use this research to understand how our users’ habits are similar or different from each other, so that we can improve each new experience on the website. We may use this information to better present the content that users will see on our site.

Use of personal information
By participating in a sweepstakes or promotion, registering on our website, completing forms on our website or checking or unchecking the co-registration boxes, you grant the Company the right to use the information collected for marketing purposes, including, but not limited to, sharing such information with third party advertisers (“advertisers”), sending emails, SMS messages, or physical delivery by the Company or any third party offer to your email address or mailing address. We may also use this information to win prizes, to verify compliance with applicable draw rules or promotion rules, or to improve content and comments. We may share the personal information you provide to us and we may join with other companies to provide retail or service opportunities to our user base. These companies may include providers of direct marketing services and applications, including research and reference, data enhancement, deletion and validation. In addition, the Company reserves the right to disclose current or past user information in the event that we believe the website is or has been used in violation of any contest or promotion rules; to commit unlawful acts; if the information is subpoenaed; if the Company is sold or acquired; or when the Company considers it necessary or appropriate. By accepting these terms and conditions, you hereby consent to the disclosure of any file or communication to a third party when the Company, in its sole discretion, determines that the disclosure is appropriate. We may share information about the use of our website regarding visitors to our website who have received targeted promotional campaigns with advertisers in order to format future campaigns and to update the visitor information used in statistical reports. The Company also reserves the right to provide aggregate or group data about our visitors and users for legal purposes. Aggregate or group data is data that describes the demographics, use or characteristics of our participants as a group, without revealing any personally identifiable information. By subscribing to the website, you agree to allow us to provide this data to third parties.

Credit Card Information
To the extent that credit card specific information is collected on the website and one of our affiliates and/or subsidiaries, such information will be kept confidential and will not be shared with third parties other than our e-commerce partners to process your transaction (and consumer credit agencies) without your prior informed consent. Notwithstanding the foregoing, the Company and our affiliates and/or subsidiaries reserve the right to share with third parties the fact that they have credit card information for specific users, but they will not share specific credit card information with third parties without the prior informed consent of the user.

Disclaimer of liability
The Company does not guarantee, and the Company is not responsible for the accuracy of or compliance by the advertiser with the privacy policies and/or terms and conditions of each advertiser’s website. Entities that advertise and/or place banner ads on the Website, including, but not limited to, Advertisers, are independent third parties not affiliated with the Company.

Unauthorized use
PERSONS UNDER THE AGE OF 18 ARE NOT ALLOWED TO PARTICIPATE IN A SWEEPSTAKES OR PROMOTION OFFERED ON OR THROUGH THIS WEBSITE. No information should be submitted or posted on this website by visitors under the age of 18. We encourage parents and guardians to spend time online with their children and to participate and monitor their children’s activities.

Acceptance of the policy
By accessing this website and/or submitting information to us, you agree to this policy. We reserve the right, at our discretion, to change, modify, add or delete portions of this policy at any time. All policy changes will be effective as soon as they are posted on the website. Therefore, you should check this page regularly to review the policy in effect at the time. Your continued use of the website or acceptance of our emails following the posting of changes to this policy will mean that you accept those changes. If you do not agree with the terms of this policy, please do not submit any personal information to this website or any other Company website.

Questions or complaints
If you reside in a European country participating in Privacy Shield and you consider that we store your personal data as part of this Privacy Shield certification, you can address any questions or complaints regarding our Privacy Shield compliance to our email.

Dispute Resolution
If you reside in a European country participating in the Privacy Shield and have not received a prompt response to your concern, or if we have not addressed your concern, you may request additional assistance, free of charge, from your EU Regional Data Protection Authority (DPA) with which we have undertaken to cooperate as a redress mechanism.

If you are a Swiss citizen, please contact the Federal Data Protection and Information Commissioner (FDPIC), which is our SWISS-E.U. resource mechanism.

For all Privacy Shield disputes that cannot be resolved by the above methods, you may be able to invoke a binding arbitration process under certain conditions. For more information on Privacy Shield’s binding arbitration program, please visit: https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

The Federal Trade Commission has investigative and enforcement powers with respect to Zhungite’s compliance with the Privacy Shield Framework.

Arbitration
You may also be able to invoke binding arbitration for unresolved complaints, but before initiating such arbitration, a resident of a European country participating in the Privacy Shield must first: (1) contact us and give us the opportunity to resolve the issue; (2) seek the assistance of your regional data protection authority; and (3) contact the French Department of Commerce (directly or through a European Data Protection Authority) and allow the Department of Commerce time to resolve the issue. If such a resident invokes mandatory arbitration, each party will be responsible for the fees of its own lawyer. Please note that, in accordance with the privacy shield, arbitrators may only impose a fair, non-monetary, individual-specific remedy necessary to remedy any breach of the principles of the privacy shield on the resident.

E.U. Federal Trade Commission Enforcement Our compliance with the Privacy Shield is subject to the investigative and enforcement powers of the French Trade Commission (FTC).

Right of access
Some international users (including those whose personal data falls within the scope of this Privacy Shield certification) have certain legal rights to access certain personal data held by us about them and to obtain their correction, modification or deletion. These users may exercise some of these rights through the options described in our Privacy Policy and GDPR commitments. But please be aware that our staff have a limited ability to identify and access the personal data of a user that our customer has submitted to the Services, if you wish to request access, limit use or limit disclosure, we may first return your request to the customer who submitted your personal data, and we will support them if necessary to respond to your request.

Duty to disclose
We may disclose personal data when we believe in good faith that such action is necessary to: comply with legal requirements or to respond to legal requests from public authorities, including national security or law enforcement requirements; or to enforce our contractual obligations.

The customer service team is here to help you. Contact us at the following address: support@zhungite.com.

SHIPPING

USA & Canada shipping is a flat fee of $3.5 USD for any package you select.

Zhungite ships internationally. Here are the lists of countries we can ship to: United States, Canada, United Kingdom, Australia, Germany, New Zealand, France, Ireland, Sweden, Mexico, Switzerland, Belgium, Finland, Israel, Romania, Netherlands, Nepal, Puerto Rico, Austria, Spain, Norway, Poland and Saudi Arabia.

Your country is not on this list? Reach out to us by email.

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