Terms and Conditions
1. Use of the Website
By accessing the website, you warrant and represent to Zimisa, the website owner that you are legally entitled to access the website and to use the information made available via the website.
2. Trademarks
The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of Zimisa the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of Zimisa, the website owner.
3. External links
External links may be provided for your convenience, but they are beyond the control of Zimisa, the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.
4. Warranties
Zimisa makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.
5. Disclaimer of liability
Zimisa shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither Zimisa nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
6. Conflict of terms
If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
7. Severability
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
8. Applicable laws (choice of venue and forum)
Use of this website shall in all respects be governed by the laws of Kathmandu, Nepal, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the courts located in Nepal country, Kathmandu, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
9. Other Terms
- You must be eighteen years or older to use this site. If you are under eighteen, you may only use this site with the agreement of, and under the supervision of, a parent or guardian.
- By placing the order, the purchaser understands and agrees to all the terms and conditions of the offer.
- Orders will be executed only after realization of the payments.
- Cash on delivery charges, as indicated, may apply over & above the offer price.
- We will take between 2-15 days for delivery of order/gift, subject to stock availability.
- It will not be possible to cancel once the order is placed.
- All orders are subject to acceptance by us and product availability.
- Sizes once confirmed will not be changed.
- Offer is available only till stocks last.
- Zimisa.com reserves the right to terminate or extend its various offers or any part thereof at any time.
- Zimisa.com shall not be obliged to fulfill any order for any canceled offer and customers shall abide unconditionally by the decision of Zimisa.com.
- Zimisa.com will not be liable for any credit card fraud. The liability of any Fraudulent Use of the card shall always be on the owner of the card unless proved otherwise.
- You represent and warrant that all details you provide to Zimisa.com for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.
- Zimisa.com reserves the right to terminate your membership from Zimisa.com and to refrain from fulfilling any further orders and to suspend or terminate your access to the site immediately and without notice to you if: you fail to make payment to us when due; or you breach any of these Conditions; or when requested by us to do so, you fail to provide within a reasonable time, enough information to enable us to check the accuracy and validity of any information supplied by you, or your identity; or we suspect you have engaged, or are about to engage, or are connected to or otherwise have way of being involved in fraudulent or illegal activity on Zimisa.com and its customers.
- You agree that if you breach these Conditions, or any liabilities are incurred arising out of your use of this website, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents, and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.
- Merchandise available for sale changes on a frequent basis; we reserve the right to make changes in our merchandise without notice. Availability information for products is listed on each individual product description. Some of our products may be available only in limited quantities, so we cannot guarantee that a product displayed on a previous visit to our website may still be available when you visit again. An item may be out of stock temporarily or permanently or discontinued from our product line. When an item is no longer available, we take reasonable steps to remove it from the website as soon as we can. Please be informed that if we do not have stock to deliver the goods you have ordered, we will issue the charged amount back as a credit to your wallet which you can use to order other available products. It may take 14-21 working days for the amount to be credited to your wallet. You will be duly informed of the same once done. The wallet amount will automatically expire 6 months from the credit date.
- The prices displayed on this website are quoted in Nepali Rupee and are valid only in the Territory of Nepal. Prices are subject to change at any time and subject to applicable taxes.
- No relationship shall exist between you and Zimisa.com until we accept your order by shipping the product to you.
- By placing an order on Zimisa.com, you allow us to call you or SMS you regarding your order on your given mobile number even if it is registered under DNC list. A confirmation call may be placed to you at the number given in your order details and our representative shall inform you of the details of the product/(s) ordered, price, payment method and delivery cost, and delivery time and any other relevant information and shall answer your queries pertaining to the order and only after your confirmation shall we dispatch the product.
- Discount vouchers can never be redeemed for cash and you should follow separate terms and conditions applicable to each discount voucher. Any complaint without exhausting the requisite procedure for availing the facilities against a voucher, as provided for in the voucher terms, shall not be entertained.
- You agree that we may use and/or disclose information about you, such as demographics or your use of this site, in any way without revealing your personal information or identity. By taking part in promotions, contests offered on the site, or by requesting promotional information or product updates, you agree that we may use your information for marketing and promotional purposes.
- We have taken great care to provide accurate product images for each product for sale on the site. However, the colors we use, as well as the display and color capabilities of your particular computer monitor will affect the colors you actually see. We are not responsible for the said limitations and cannot guarantee that the color, texture or detail of merchandise that you see on your monitor display will be accurate.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the product, use of the product, or access to the product/service.
- We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
- We are not responsible for material displayed on third party websites or any other written material. The only prices that apply for Zimisa.com products are those stated on the Zimisa.com material. We cannot vouch for the reliability of prices stated on shopping directories or through any other third party.
- In case of orders where offers have applied the terms associated with individual offers will take precedence. The terms and conditions for such offers shall be separately available on the Site.
- These Conditions shall be governed by and construed in accordance with the laws of Nepal and by using this website you irrevocably submit to the exclusive jurisdiction of the courts of Kathmandu.