Terms of Use and Sale

Effective Date: May 25, 2025

Welcome to the ZOHARA website (the “Site”). These Terms of Use and Sale (the “Terms”) govern your access to and use of the Site, including any purchases made through the Site. The Site is owned and operated by ZOHARA (“ZOHARA,” “we,” “us,” or “our”).

By accessing or using the Site, or by purchasing products through the Site, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Site.

1. Eligibility

You may use the Site only if you are at least the age of majority in your state or jurisdiction, or if you are using the Site under the supervision and consent of a parent or legal guardian.

By using the Site, you represent that:

you have the legal capacity to enter into a binding agreement;
any information you provide is true, accurate, and current; and
you will use the Site only in compliance with applicable law.

2. Site Access and Availability

We may modify, suspend, or discontinue all or any part of the Site at any time, with or without notice. We also reserve the right to restrict or terminate your access to the Site if we believe you have violated these Terms, applicable law, or acted in a manner harmful to ZOHARA, the Site, or other users.

We do not guarantee that the Site, or any content, feature, or functionality, will always be available or uninterrupted.

3. Products and Site Content

The Site may display products, product descriptions, pricing, availability, images, editorial content, reviews, and other materials.

We make reasonable efforts to display product details, colors, sizing, and other information as accurately as possible. However, actual colors and appearance may vary depending on your device, display settings, and other factors.

We reserve the right to:

change or discontinue products at any time;
limit the quantities of any products offered;
correct errors, inaccuracies, or omissions;
update product descriptions, pricing, promotions, and availability without prior notice.

4. Orders

When you place an order, you are making an offer to purchase products subject to these Terms. All orders are subject to acceptance and availability.

We may refuse, cancel, or limit any order for any lawful reason, including suspected fraud, pricing or inventory errors, product unavailability, or unusual purchasing activity.

After you place an order, you may receive an email confirming that your order has been received. That email does not constitute final acceptance of your order. A contract for sale is formed only when we accept your order and process it for fulfillment.

5. Pricing and Payment

All prices shown on the Site are listed in the currency displayed at checkout. Applicable taxes, shipping charges, duties, and other fees, if any, will be shown at checkout or otherwise disclosed before you complete your purchase.

You agree to provide current, complete, and accurate billing, shipping, and payment information. By submitting payment information, you represent that you are authorized to use the selected payment method.

We reserve the right to correct pricing, typographical, or other errors at any time, including after an order has been submitted. If a pricing or other material error affects your order, we may cancel the order and notify you.

We do not store full payment card details on our own systems. Payment processing is handled by third-party payment service providers.

6. Shipping and Delivery

We ship to the locations listed on the Site at checkout. Shipping times are estimates only and are not guaranteed unless expressly stated otherwise.

Delays may occur due to carrier issues, weather, holidays, high order volume, customs processing, or other events beyond our reasonable control. ZOHARA is not liable for shipping delays caused by carriers or circumstances outside our control.

Risk of loss and title to products pass to you upon delivery to the shipping carrier or, where required by applicable law, upon delivery to you.

7. Returns, Exchanges, and Refunds

Returns, exchanges, and refunds are governed by our posted Return Policy, which is incorporated into these Terms by reference.

To be eligible for a return or exchange, products generally must be returned in original, unused condition, with tags attached, and in original packaging, subject to any exceptions stated in our Return Policy.

Certain items may be final sale or otherwise not eligible for return or exchange, including where indicated on the Site or required for hygiene, customization, promotional, or clearance reasons.

Refunds, where approved, will be issued to the original payment method unless otherwise stated in our Return Policy.

8. Promotions, Gift Cards, and Store Credit

From time to time, we may offer promotions, discount codes, gift cards, store credit, or other special offers. Additional terms may apply to those offers. In the event of a conflict, the specific promotional terms will control.

Store credit, promotional credit, and third-party voucher redemptions may be subject to additional restrictions, including non-cash refund treatment, expiration, minimum purchase requirements, or product exclusions.

9. Account Information

You may be permitted to create an account on the Site. You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account.

You agree to notify us promptly of any unauthorized access to or use of your account.

10. User Content

If you submit, upload, post, tag, review, or otherwise make content available through the Site or in connection with ZOHARA, including photos, comments, testimonials, or social media content (“User Content”), you represent and warrant that:

you own or control all rights necessary to provide that User Content;
the User Content does not infringe any third-party rights;
the User Content is not false, misleading, unlawful, defamatory, obscene, abusive, or otherwise objectionable.

By submitting User Content, you grant ZOHARA a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, display, publish, distribute, adapt, edit, and otherwise use that User Content in connection with our business, marketing, and promotional activities.

We may, but are not obligated to, monitor, remove, edit, decline to publish, or take down User Content at our discretion.

11. Prohibited Conduct

You agree not to:

use the Site for any unlawful purpose;
interfere with the operation or security of the Site;
attempt to gain unauthorized access to systems or accounts;
scrape, harvest, copy, or extract Site data by automated means without our prior written consent;
reproduce, duplicate, sell, resell, or exploit any portion of the Site for commercial purposes without our written permission;
upload or transmit malicious code or harmful material;
impersonate another person or misrepresent your affiliation.

12. Intellectual Property

The Site and all content on the Site, including text, graphics, images, product photography, logos, trademarks, designs, software, and other materials, are owned by or licensed to ZOHARA and are protected by intellectual property and other applicable laws.

Except as expressly permitted in these Terms, you may not copy, reproduce, distribute, modify, display, publish, perform, transmit, create derivative works from, sell, license, or otherwise exploit any Site content without our prior written consent.

ZOHARA and related names, logos, product names, and branding are our trademarks or trade dress and may not be used without our prior written permission.

13. Third-Party Links and Services

The Site may contain links to third-party websites, services, or features. We do not control and are not responsible for third-party websites, content, policies, or practices. Your use of third-party services is at your own risk and subject to the terms and policies of those third parties.

14. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, ITS CONTENT, AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZOHARA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR PRODUCTS PURCHASED THROUGH THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR ANY PURCHASE MADE THROUGH THE SITE WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US FOR THE RELEVANT PRODUCT OR ORDER, OR (B) USD $100.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

16. Indemnification

You agree to defend, indemnify, and hold harmless ZOHARA and its affiliates, officers, directors, employees, agents, service providers, and licensors from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

your use of the Site;
your breach of these Terms;
your violation of applicable law; or
your User Content.

17. Privacy

Your use of the Site is also subject to our Privacy Policy, which is incorporated into these Terms by reference.

18. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to these Terms, the Site, or any purchase made through the Site will be governed by the laws of the State of [insert state], without regard to conflict of law principles.

Any dispute shall be resolved exclusively in the state or federal courts located in [insert county and state], and you consent to the personal jurisdiction and venue of those courts.

Optional alternative if you want arbitration instead of court:
You may replace this section with a U.S.-style arbitration and class action waiver provision, but that should be drafted carefully and not pasted casually.

19. Changes to These Terms

We may update these Terms from time to time. The updated version will be posted on the Site with a revised “Last Updated” date. Your continued use of the Site after the effective date of any changes constitutes your acceptance of the revised Terms.

20. Contact Information

If you have questions regarding these Terms, please contact us at:
hello@zoharatights.com
[insert business mailing address]