Terms of service
GENERAL TERMS AND CONDITIONS
This website is operated by Zomesi. Throughout the website, the terms "we", "us", "our" and "merchant" refer to Zomesi. Zomesi provides this website, including all information, tools and services available on this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following Terms and Conditions ("Terms of Use", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools which are added to the current store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – DEFINITIONS
The following definitions apply in these Terms and Conditions:
Cooling-off period: the period within which the consumer may exercise their right of withdrawal.
Consumer: a natural person who is not acting in the course of a profession or business and who enters into a distance contract with the merchant.
Business day: any day other than Saturday, Sunday, or a public holiday.
Distance contract: a contract concluded within a framework of an organized system for distance selling of products and/or services, without the simultaneous physical presence of the merchant and the consumer.
Right of withdrawal: the right of the consumer to withdraw from the distance contract within the cooling-off period.
Merchant: the natural or legal person offering products and/or services remotely to consumers.
Durable medium: any instrument enabling the consumer or merchant to store information addressed personally to them in a way that makes future reference possible.
ARTICLE 2 – MERCHANT IDENTITY
Company name : Zomesi
Email : contact@zomesi.com
ARTICLE 3 – APPLICABILITY
These General Terms and Conditions apply to every offer made by Zomesi, as well as to every distance contract and order concluded between Zomesi and the consumer.
Before a distance contract is concluded, the text of these General Terms and Conditions will be made available to the consumer.
ARTICLE 4 – THE OFFER
If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered, supported by images that faithfully represent the products. However, we cannot guarantee that the colours displayed on your screen will exactly match the actual colours of the product.
All prices displayed on the website are in Canadian dollars (CAD), exclusive of applicable taxes (GST/HST/PST depending on your province), and are valid until further notice. Zomesi reserves the right to modify prices at any time, provided that the price applicable to your order is the one displayed at the time of order confirmation.
ARTICLE 5 – THE CONTRACT
The contract is concluded at the moment the consumer accepts the offer and the conditions set thereby have been met.
Once the order is confirmed, Zomesi will send a confirmation email containing the essential details of the transaction, including a summary of the products purchased, the total price, and the delivery method.
You may configure your browser to refuse or block cookies, keeping in mind that doing so may limit the functionality of certain features of the website. For more information on your rights regarding cookies and online tracking, please visit the Office of the Privacy Commissioner of Canada : www.priv.gc.ca
ARTICLE 6 – RIGHT OF WITHDRAWAL
In accordance with the Consumer Protection Act and applicable Canadian provincial consumer protection legislation, consumers have the right to withdraw from the contract within 30 days of receiving the product, without providing any reason.
During the cooling-off period, the consumer must handle the product and its packaging with care. The product must be returned in the same condition in which it was received, in its original packaging and complete with all accessories.
To exercise the right of withdrawal, the consumer must notify Zomesi by email at contact@zomesi.com before the expiry of the withdrawal period, indicating the order number and reason for withdrawal.
ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL
Return shipping costs are the responsibility of the consumer, unless the product is defective or does not conform to the description provided, in which case return shipping costs will be covered by Zomesi.
Once the returned product has been received and inspected, Zomesi will refund the amount paid by the consumer within 14 business days, using the same payment method used for the original purchase.
ARTICLE 8 – EXCLUSIONS FROM THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply to products that are:
- Made to the consumer's specifications or clearly personalized.
- Hygienic in nature and whose seal has been broken after delivery.
- Perishable or with a short expiry date.
- By their nature, unable to be returned after delivery.
ARTICLE 9 – LEGAL WARRANTY
In accordance with applicable Canadian consumer protection legislation, all products sold by Zomesi carry an implied warranty of merchantability and fitness for purpose. If you receive a defective or non-conforming product, please contact us at contact@zomesi.com with a description of the issue and photos of the product. In such cases, return shipping costs will be covered by Zomesi and a repair, replacement, price reduction, or full refund will be offered depending on the circumstances.
ARTICLE 10 – COMPLAINTS
In the event of a complaint, the consumer must contact Zomesi by email at contact@zomesi.com. We will make every effort to resolve issues within 5 business days of receiving the complaint.
If the matter cannot be resolved amicably, consumers may contact the Competition Bureau of Canada or their provincial consumer protection authority:
- Ontario : Consumer Protection Ontario — www.ontario.ca/consumerprotection
- Quebec : Office de la protection du consommateur — www.opc.gouv.qc.ca
- British Columbia : Consumer Protection BC — www.consumerprotectionbc.ca
ARTICLE 11 – GOVERNING LAW
These Terms and Conditions are governed by the laws of Canada and the applicable laws of the province in which the consumer resides. Any disputes shall be subject to the jurisdiction of the competent Canadian courts.