1. Definitions

1.1

These Terms and Conditions employ the following definitions:

Order: Your request placed through the Zomoa Website;

You: Refers to the individual (consumer) engaging with the Website and/or purchasing Products through it;

Gift Card: The gift card issued by Zomoa;

Agreement: The contract formed when you buy Products through the Website;

Product: Items from the Zomoa brand available for purchase on the Website;

Zomoa: Zomoa, a private limited company, located at Van Tuyll van Serooskerkenplein 36-3, 1076 NB Amsterdam, registered under Chamber of Commerce number 17185035, contactable via email at info@zomoa.com;

Conditions: The present Terms and Conditions;

Website: The Zomoa website, located at www.zomoa.com and its derivatives.

2. Your Agreement with Zomoa

2.1

Your use of the Zomoa Website, as well as any offer from Zomoa and subsequent Agreements, are governed by these Terms and Conditions.

2.2

Prior to finalizing the Agreement, you will be provided access to these Terms and Conditions on the Website, where they are available for download.

2.3

Offers from Zomoa, whether communicated orally, in writing, or over the phone, are non-binding, unless explicitly stated otherwise on the Website.

2.4

Offers are based on information you provide, and you assure its accuracy. An Agreement is confirmed through written or electronic acknowledgement from Zomoa.

2.5

Your personal data is processed in accordance with our privacy and cookie policy.

2.6

Zomoa may revise these Terms and Conditions unilaterally. Such changes will apply to existing Agreements. If changes significantly disadvantage you, you may terminate the Agreement within 14 days of notification, subject to a 14-day notice period.

3. Placing Orders

3.1

An Order placed on the Website signifies your acceptance of these Terms and Conditions. You typically receive an order confirmation immediately after placing the Order. For pre-orders, you will receive an email notification when your Order enters production and when it is dispatched.

3.2

An email address is necessary to place an Order. Orders can be made either as a registered user or a guest.

a) Within 4 hours of receiving an order confirmation during business hours (9:00 AM to 5:00 PM CET), you may cancel or modify your Order by contacting customer service. The options for cancellation and modification may vary during special promotions or offers, as detailed on the Website. Beyond this period, Orders cannot be modified.

3.3

Zomoa reserves the right to modify Orders if certain specifications, combinations, or customizations are unfeasible.

3.4

If an Order cannot be fulfilled, you will be notified promptly. For Orders already paid, Zomoa will attempt to refund using the original payment method. If an alternate refund method is needed, Zomoa will contact you to arrange it through customer service.

3.5

Your total cost, including taxes and shipping, is indicated in the Order confirmation. The Agreement is formed at this point.

3.6

Order fulfillment is subject to availability. Reasons for Order cancellation include but are not limited to: unavailability of Products or raw materials, incorrect or unverifiable billing information, unusual Order characteristics, purchasers under 16 years, late payment, and circumstances beyond our control.

3.7

Zomoa may defer its obligations due to force majeure, defined as situations where fulfillment is unreasonable or impractical due to unforeseen events or circumstances, including but not limited to natural disasters, strikes, war risks, key employee illness, supplier issues, fires, accidents, governmental actions, or other situations outside Zomoa’s control.

3.8

Product dimensions are approximate and may vary, especially for handcrafted or custom-made items. Zomoa allows a margin of variance for size and color. Display discrepancies due to screen quality, device type, and environmental factors are acknowledged. Zomoa is not bound by Website errors or omissions.

4. Payments and Pricing

4.1

Quoted prices include VAT, packaging, and other taxes/levies, but exclude delivery, transport, and any import/export fees for non-EU deliveries.

4.2

Zomoa may adjust prices in response to cost factor increases after the Agreement’s commencement, such as tax hikes or significant supplier price rises. You have the option to terminate the Agreement in case of a price increase.

5. Delivery and Title Retention

5.1

Delivery timelines provided by Zomoa are estimates and not guaranteed. If a delivery delay occurs, Zomoa will inform you. If the delay exceeds 4 weeks from the production notification, you have the right to cancel the purchase and receive a refund.

5.2

Zomoa bears the risk for shipping and transport. The risk transfers to you or your

appointed third party upon delivery. Zomoa’s responsibility ceases upon delivery. Post-delivery risks like damage, loss, or theft are your responsibility. Orders may be delivered in parts.

5.3

You must accept delivered Products.

5.4

If you fail to pay owed amounts, Zomoa may withhold Product delivery until full payment is received. This is without prejudice to other legal or contractual rights.

5.5

Products remain Zomoa’s property until all claims under the Agreement, including collection costs and interest, are fully paid.

6. Right of Withdrawal

6.1

You can cancel your Order from the placement date until 14 days after Product delivery without specifying a reason, except as noted in sections 6.2 and 6.7. The cooling-off period begins on the day of the last Product delivery.

6.2

You may cancel Gift Card Orders within 14 days of the Agreement’s conclusion, regardless of receipt.

6.3

To exercise your withdrawal right, notify Zomoa at info@zomoa.com. We will send a confirmation receipt. Return conditions are detailed here [link provided].

6.4

Returned Products must reach Zomoa within 14 days of invoking withdrawal rights. Return costs are your responsibility.

6.4.1 For sets or bundled discount items, all components must be returned. Partial returns nullify any discounts received.

6.5

Zomoa refunds fully for returned Products, except return costs, provided the items are in their original, unused condition.

6.6

Refunds are processed within 14 days of your withdrawal notification, provided we receive the returned Products or proof of their return. The refund will mirror the original payment method, unless otherwise agreed. For Gift Card payments, a digital Gift Card is issued as a refund.

6.7

The right of withdrawal does not apply to:

a) Custom-made or personalized Products, such as those with fingerprints, personalized text, or other specified customizations;

b) Sealed Products unsuitable for return due to health or hygiene reasons, like earrings or Products removed from original packaging.

6.8

During the cooling-off period, handle the Product and packaging carefully. You may inspect the Product to the same extent as in a physical store.

7. Warranty

7.1

Zomoa warrants that Products comply with the Agreement, offer specifications, reliability/usability standards, and applicable legal regulations at the Agreement’s formation.

7.2

Report Product defects to Zomoa within one month after delivery at info@zomoa.com. More prompt complaints are appreciated.

7.3

Zomoa’s jewelry warranty covers:

3 months for all Product defects;

6 months for 9 and 14-carat jewelry.

7.4

Product discoloration or wear from use, impacted by care, storage, and exposure, does not constitute a defect.

7.5

The warranty excludes:

a. Signs of use, discoloration, or wear;

b. Self or third-party repairs/alterations;

c. Exposure to abnormal conditions or misuse;

d. Post-delivery damage, loss, or theft;

e. Purchases from Sample sales.

7.6

Zomoa provides a one-year warranty from delivery for material and manufacturing defects, offering repair or replacement. This does not affect your statutory rights.

7.7

Website information completeness or accuracy is not guaranteed. Information is for general purposes and not advisory unless stated. Zomoa strives for up-to-date content but does not guarantee its completeness, accuracy, reliability, accessibility, or suitability.

8. Intellectual Property

8.1

Zomoa owns all intellectual property rights to its Products and Website content.

8.2

Use or reproduction of any Website trademarks, brands, logos, or titles is prohibited, as it may violate intellectual property rights.

9. Website Use

9.1

By using the Website, you agree to these Terms and Conditions. The Website is for personal, non-commercial use.

9.2

Website usage is limited to placing Orders or contacting Zomoa. All Website content is Zomoa’s property, and unauthorized use is prohibited.

9.3

Copying, sharing, modifying, distributing, or using Website content for third-party access is not allowed.

9.4

The Website may link to external sites, over which Zomoa has no control and for which it is not responsible.

10. Shipping

10.1

Zomoa processes Orders in received order, aiming for 1-3 working day delivery, except for customized Products or as otherwise agreed. Delivery may be delayed due to unforeseen events.

10.2

Delivery timelines are dependent on the delivery service and beyond Zomoa’s control.

10.3

Products are shipped globally, with additional customs costs not reimbursed by Zomoa.

10.4

Expected delivery times are communicated before and after placing an Order. These are indicative only. A tracking code is provided once the Product is dispatched.

10.

5

If an Order does not arrive as scheduled, contact Zomoa customer service.

11. Payment Methods

11.1

Various payment options are available. Details can be found on the Website.

11.2

Late payments incur statutory interest and Zomoa’s collection costs after a 14-day notice period.

12. Google oAuth

This section describes how we collect, use, and disclose personal information when you use the OAuth consent screen provided by Google to log in to our application using your email address. By logging in with your email address, you consent to the practices described in this policy.

Information We Collect
When you use the OAuth consent screen to log in to our application using your email address, we may collect the following types of personal information:

a. Personal Information: We may collect your name, email address, and other contact details associated with your Zomoa account.

b. OAuth Permissions: We may collect and store the permissions you grant to our application during the OAuth consent process. These permissions allow us to access certain information from your Zomoa account, as authorized by you.

Use of Information
We use the personal information collected through the OAuth consent screen for the following purposes:

a. Authentication and Account Access: We use your email address and associated permissions to authenticate your identity and provide you with access to our application.

b. Service Provision: We may use the information to provide you with the requested services, including personalized features, support, and updates related to our application.

c. Communication: We may use your email address to send you important notifications, updates, and information related to your use of our application.

d. Improvements and Analytics: We may use aggregated and anonymized data for analytical purposes to improve our application, understand user preferences, and optimize our services.

Disclosure of Information
We do not sell, trade, or otherwise transfer your personal information to third parties without your explicit consent, except in the following circumstances:

a. Service Providers: We may share your personal information with trusted third-party service providers who assist us in operating our application and providing services to you. These service providers are contractually obligated to maintain the confidentiality and security of your personal information.

b. Legal Compliance: We may disclose your personal information if required by law, governmental or regulatory authorities, or to protect our rights, property, or safety, or that of our users or the public.

Data Security
We take reasonable measures to protect the personal information collected through the OAuth consent screen from unauthorized access, use, or disclosure. However, please note that no method of transmission over the internet or method of electronic storage is 100% secure.

Data Retention
We retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

Your Rights
You may have certain rights regarding your personal information, including the right to access, correct, or delete your information. To exercise these rights or if you have any questions or concerns about the processing of your personal information, please contact us using the information provided below.

Changes to this Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. We will notify you of any material changes by posting the updated Privacy Policy on our website or through other communication channels.

Contact Us
If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact us via info@zomoa.com.

By using the OAuth consent screen provided by Google and logging in with your email address, you acknowledge that you have read and understood this Privacy Policy and agree to the collection, use, and disclosure of your personal information as described herein.

 

13. Disputes and Governing Law

13.1

For complaints, contact Zomoa at info@zomoa.com.

13.2

Agreements and these Terms and Conditions are governed by Dutch law, excluding the Vienna Sales Convention (CISG).