Terms of service
GENERAL TERMS AND CONDITIONS ZYNVISTA
This website is operated by Seravanna Limited. By visiting our website and/or purchasing something from us, you use our "Service" and agree to be bound by the following terms and conditions ("Terms of Use" and "Terms"), including the additional terms and policies referred to herein and/or available via hyperlink. These Terms of Use apply to all users of the website, including without limitation visitors, suppliers, customers, merchants and/or contributors of content.
Nothing in these Terms limits the mandatory rights afforded to consumers under United Kingdom law, including but not limited to the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Consumer Protection from Unfair Trading Regulations 2008 and the Unfair Contract Terms Act 1977.
SECTION 1 – CONDITIONS FOR USE OF THE WEBSITE
1.1 By accepting these Terms of Use, you confirm that you are at least 18 years of age and have full legal capacity to enter into contracts. If you are a parent or guardian and permit a minor to use the website, you are responsible for the minor's use and obligations towards us.
1.2 You must not use our products for any unlawful or unauthorised purpose, and you must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.3 You must not transmit any worms or viruses or any code of a destructive nature.
1.4 A breach of or violation of any of the Terms may result in termination of your access to the Service in accordance with Section 19.
SECTION 2 – COMPANY IDENTITY
Company Name: Seravanna Limited Company Registration Number (Companies House): 16627156 Brand: ZynVista Customer Service Email: info@zynvista.com Company Address: 71–75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom Telephone: +44 7575 490655
SECTION 3 – GENERAL CONDITIONS
3.1 We reserve the right to refuse the Service for justifiable reasons, provided that such refusal does not contravene applicable anti-discrimination legislation or consumer protection rules.
3.2 You understand that your content (not including credit card information) may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the Service is provided, without express written permission from us.
SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
4.1 We endeavour to ensure that the information on this website is accurate, complete and up to date, but we cannot guarantee this in all cases. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. This does not limit our obligations under the Consumer Protection from Unfair Trading Regulations 2008 or other mandatory rules on misleading commercial practices.
4.2 This website may contain certain historical information. Historical information is not necessarily current and is provided for your reference only.
4.3 We reserve the right to modify the content of this website at any time, but we have no obligation to update any information on our website beyond what is required by law.
SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES
5.1 Prices for our products are subject to change without prior notice. However, such changes shall not affect orders that have already been confirmed by us.
5.2 We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without prior notice.
5.3 We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service, except where such liability arises under mandatory law.
SECTION 6 – PRODUCTS OR SERVICES
6.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and may be returned or exchanged in accordance with Section 16 and your mandatory rights under the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013.
6.2 We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor's display of any colour will be entirely accurate.
6.3 We reserve the right, but are not obliged, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product prices are subject to change at any time without prior notice, at our sole discretion, provided that already confirmed orders shall not be affected. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited by law.
6.4 Products sold to consumers are subject to the mandatory rules on conformity with the contract (satisfactory quality, fitness for purpose and as described) set out in the Consumer Rights Act 2015. Nothing in these Terms restricts those rights.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
7.1 We reserve the right to refuse orders placed with us for justifiable reasons. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
7.2 These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will notify you by contacting the email address and/or billing address/telephone number provided at the time the order was placed, and any payment already made shall be refunded in full without undue delay. We reserve the right to limit or prohibit orders that, in our judgement, appear to be placed by dealers or resellers.
7.3 You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card number and expiration date, so that we can complete your transactions and contact you as needed.
SECTION 8 – PRICE
8.1 All prices for products displayed on the website are stated strictly exclusive of value added tax (VAT), import duties, customs clearance charges and any other local taxes or charges applicable in the destination country. As the Trader does not charge VAT on these sales (see Section 12), the Customer is solely responsible for all such import-related costs.
8.2 Notwithstanding the foregoing, the Trader may offer products or services at variable prices linked to fluctuations in the financial markets, over which the Trader has no control. This dependence on market fluctuations and the fact that all stated prices may be indicative prices shall be clearly stated in the offer.
8.3 Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of statutory or regulatory provisions.
8.4 Price increases occurring after 3 months from the conclusion of the contract are only permitted if the Trader has so stipulated, and: (a) they are the result of statutory or regulatory provisions; or (b) the consumer has the right to terminate the contract from the date on which the price increase takes effect.
SECTION 9 – OPTIONAL TOOLS
9.1 We may provide you with access to third-party tools which we neither monitor nor have any control or influence over.
9.2 You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement, to the extent permitted by mandatory law. We shall have no liability arising from your use of optional third-party tools, beyond what is required by mandatory law.
9.3 Any use of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).
9.4 We may also in the future offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
SECTION 10 – THIRD-PARTY LINKS
10.1 Certain content, products and services available through our Service may include materials from third parties.
10.2 Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy thereof, and we do not warrant and shall not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties.
10.3 We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third-party websites, except as required by mandatory law. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
11.1 If, at our request, you send certain specific submissions (for example competition entries) or, without a request from us, you send creative ideas, suggestions, plans or other materials, whether online, by email, by post or otherwise (collectively, "comments"), you grant us a non-exclusive, royalty-free, worldwide licence to edit, copy, publish, distribute, translate and otherwise use in any medium such comments. Your moral rights under the Copyright, Designs and Patents Act 1988 are acknowledged and cannot be transferred by these Terms. We are under no obligation to: (a) maintain any comments in confidence; (b) pay compensation for any comments; or (c) respond to any comments.
11.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party's intellectual property rights or these Terms of Use.
11.3 You agree that your comments will not violate any right of any third party, including copyright, trade mark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.
11.4 We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 12 – IMPORT AND VAT
12.1 Origin of Shipment: The Customer acknowledges that all goods ordered through this website are shipped directly by a third-party supplier located outside the European Union (EU) and the United Kingdom. The goods do not enter the commercial flow within the United Kingdom or the EU through the Trader.
12.2 Place of Supply and VAT Exemption: In accordance with applicable VAT provisions (including Articles 32–33 of EU Directive 2006/112/EC and corresponding national provisions such as Section 7 of the United Kingdom's Value Added Tax Act 1994), the place of supply for VAT purposes is deemed to be the country where the transport commences (i.e. outside the EU/United Kingdom). Accordingly, the Trader does not charge any VAT on the sale of these goods. The prices displayed are therefore net of any VAT or import duties.
12.3 Customer as Importer: The Customer acts as the importer of the goods into the stated delivery country. The Customer is solely and fully responsible for complying with all import formalities and regulations in the destination country.
12.4 Customer's Sole Responsibility for Import Costs: The Customer expressly acknowledges and agrees that he or she is solely responsible for the declaration and payment of all applicable import costs upon the arrival of the goods in the destination country. This includes, but is not limited to: (a) Import VAT at the rate applicable in the destination country; (b) Customs duties, tariffs or charges; (c) Customs clearance fees, brokerage fees or administrative charges levied by the customs authorities or the postal/courier service.
These costs are typically collected from the Customer by the delivering postal or courier service prior to or at the time of delivery. The Trader is not involved in the assessment or collection of these import costs.
12.5 No Liability for Import Costs or Delays: The Trader shall under no circumstances be liable for any import VAT, customs duties, taxes or charges levied on the goods, nor for any delays, seizures or non-delivery arising from the Customer's failure to comply with import regulations or to pay the requisite import costs. By placing an order, the Customer expressly accepts these terms and shall indemnify and hold the Trader harmless against any claims or costs related to the import process and associated charges.
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
13.1 Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, delivery times and availability.
13.2 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders at any time without prior notice if any information in the Service or on any related website is inaccurate (even after you have submitted your order). If we cancel an order, we will refund any payment you have made in full without undue delay.
13.3 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 – PROHIBITED USES
14.1 In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national or local regulations, rules, laws or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet.
14.2 We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
15.1 We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
15.2 We reserve the right to withdraw the Service indefinitely or to suspend the Service at any time without notice to you.
15.3 The Service and access to the website are provided "as is" and "as available", without any representations, warranties or conditions of any kind, whether express or implied, to the extent permitted by mandatory law. This disclaimer does not apply to products sold to consumers; such products are subject to the mandatory rules on satisfactory quality, fitness for purpose and conformity with description set out in the Consumer Rights Act 2015 (see also Section 16A).
15.4 To the extent permitted by mandatory law, in no event shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any indirect, consequential or special damages, including without limitation lost profits, lost revenue, lost savings or loss of data, arising from your use of the Service or any products procured using the Service.
15.5 Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) liability under Part I of the Consumer Protection Act 1987 (defective products); (d) breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); (e) breach of mandatory consumer protection rules, including the Consumer Rights Act 2015; or (f) any other liability which cannot be excluded or limited under mandatory United Kingdom law.
SECTION 16 – RIGHT OF CANCELLATION FOR DISTANCE CONTRACTS
16.1 Right of Cancellation. As a consumer, you have the right to cancel the contract within 14 days from the day on which you, or a third party indicated by you (other than the carrier), receive the goods, without giving any reason, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
16.2 How to Exercise the Right of Cancellation. To exercise the right of cancellation, you must inform us of your decision to cancel the contract by a clear statement (e.g. a letter or email). You may use the model cancellation form in Section 16.7, but it is not obligatory. The notification should be sent to:
Seravanna Limited Email: info@zynvista.com Postal Address: 71–75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom
To meet the cancellation deadline, it is sufficient for you to send the communication concerning your exercise of the right of cancellation before the cancellation period has expired.
16.3 Refund. If you cancel the contract, we will reimburse all payments received from you, including delivery costs (with the exception of any supplementary costs arising from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to cancel the contract. The refund will be made using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In no event will you incur any fees as a result of the refund. We may withhold the refund until we have received the goods back, or until you have supplied evidence of having sent back the goods, whichever is the earliest.
16.4 Return Costs and Return Procedure. You shall send back the goods without undue delay and in any event not later than 14 days after the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You shall bear the direct cost of returning the goods. As the goods are shipped directly from a third-party supplier outside the EU/United Kingdom (see Section 12), you will receive return instructions including the return address once you have notified us of your decision to cancel the contract.
16.5 Diminished Value. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
16.6 Exceptions to the Right of Cancellation. The right of cancellation does not apply to:
(a) Sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery (this includes, among others, dietary supplements and similar health products where the inner or outer seal has been broken); (b) Goods made to the consumer's specifications or clearly personalised; (c) Goods which are liable to deteriorate or expire rapidly; (d) Such other exceptions as set out in Regulation 28 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
16.7 Model Cancellation Form. You may use the following form to exercise your right of cancellation:
To: Seravanna Limited, 71–75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom — info@zynvista.com
I/We () hereby give notice that I/We () cancel my/our () contract of sale of the following goods ()/for the supply of the following service (*):
Ordered on ()/received on (): Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if this form is notified on paper): Date:
(*) Delete as applicable.
SECTION 16A – STATUTORY GUARANTEE AND LIABILITY FOR LACK OF CONFORMITY (CONSUMER RIGHTS ACT 2015)
16A.1 In addition to the right of cancellation in Section 16, as a consumer you have the right to claim for goods that do not conform to the contract in accordance with the Consumer Rights Act 2015. The statutory right to a remedy for faulty goods applies for six (6) years from the date of delivery (five years in Scotland). You should notify us within a reasonable time after you discover or ought to have discovered the lack of conformity.
16A.2 In the case of goods that do not conform to the contract, you have the right to the remedies provided under the Consumer Rights Act 2015, which may include, depending on the circumstances, repair, replacement, a reduction in price, or a final right to reject the goods and obtain a refund.
16A.3 Claims should be made by contacting our customer service at info@zynvista.com with a description of the fault and order information. We will respond to claims without undue delay.
16A.4 The provisions of this Section 16A do not limit your statutory rights and shall be construed in the light of mandatory United Kingdom consumer protection legislation.
SECTION 17 – INDEMNIFICATION
To the extent compatible with mandatory law, you agree to indemnify, defend and hold harmless ZynVista and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable solicitors' fees, made by any third party due to or arising out of your intentional or grossly negligent breach of these Terms of Use or the documents they incorporate by reference, or your intentional or grossly negligent violation of any law or the rights of a third party. This provision does not apply to normal use of the Service by a consumer acting in good faith.
SECTION 18 – SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – TERMINATION
19.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
19.2 These Terms of Use are effective until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease to use our website. Termination shall not affect rights and obligations relating to already confirmed orders.
19.3 If you materially breach these Terms of Use, we may terminate your access to the Service with reasonable notice, or immediately if the breach cannot reasonably be remedied. You shall remain liable for all amounts due up to and including the date of termination. This provision does not limit your rights as a consumer under mandatory law.
SECTION 20 – ENTIRE AGREEMENT
20.1 Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
20.2 These Terms of Use and any policies or operating rules posted by us on this website or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including but not limited to any prior versions of the Terms of Use).
20.3 Any ambiguities in the interpretation of these Terms of Use shall be interpreted in accordance with the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015, Part 2, which means that ambiguous terms shall be construed in favour of the consumer.
SECTION 21 – GOVERNING LAW AND JURISDICTION
21.1 These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales.
21.2 If you are a consumer habitually resident in the United Kingdom, this choice of law shall not deprive you of the protection afforded to you by provisions of United Kingdom law that cannot be derogated from by agreement. You retain in full the consumer protection afforded by, among others, the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Consumer Protection from Unfair Trading Regulations 2008, the Unfair Contract Terms Act 1977 and the Consumer Protection Act 1987.
21.3 As a consumer habitually resident in the United Kingdom, you may bring proceedings against us in the courts of England and Wales, Scotland or Northern Ireland (as applicable to your domicile). We may only bring proceedings against you in the courts of the part of the United Kingdom in which you are domiciled. Disputes may also be resolved through alternative dispute resolution in accordance with Section 22.
SECTION 22 – DISPUTE RESOLUTION
22.1 Alternative Dispute Resolution (ADR). If we are unable to resolve a dispute directly between you and us, you may as a consumer refer the matter to a certified ADR provider. We are not currently required by law to participate in ADR, but we are willing to engage in good faith with any ADR scheme that you may choose to use. You may find a list of certified ADR providers approved by the Chartered Trading Standards Institute at:
https://www.tradingstandards.uk/consumers/adr
You may also seek advice from Citizens Advice (https://www.citizensadvice.org.uk) or contact your local Trading Standards office.
22.2 Before contacting an ADR provider, we ask that you first contact our customer service at info@zynvista.com so that we have the opportunity to resolve the matter directly.
22.3 This section does not affect your right to bring proceedings before the courts in accordance with Section 21.3.
SECTION 23 – PRECEDENCE OF THESE TERMS OVER COUNTERPARTY'S TERMS
These Terms of Use shall prevail over any terms of the counterparty in commercial relationships, including but not limited to those set out in purchase orders, invoices or other documents issued by the counterparty. Any terms of the counterparty that conflict with or are inconsistent with these Terms of Use are expressly rejected and shall not apply, unless otherwise expressly agreed in writing by us. This section does not apply to consumers.
SECTION 24 – PRECEDENCE OF INDIVIDUAL AGREEMENT
In the event of conflict or inconsistency between the provisions of these Terms of Use and the provisions of an individual written agreement between the customer and the Trader, the terms of the individual agreement shall prevail, provided always that mandatory consumer protection rules are observed.
SECTION 25 – FORCE MAJEURE
We shall not be liable for any failure or delay in the performance of our obligations under these Terms that is due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of governmental authorities, fire, floods, accidents, strikes or shortages of transportation, fuel, energy, labour or materials. This does not affect your statutory right to a refund in the event of non-delivery.
SECTION 26 – PERSONAL DATA AND PRIVACY
The processing of your personal data is governed by our Privacy Policy and is carried out in accordance with the UK General Data Protection Regulation (UK GDPR, as retained under the Data Protection Act 2018) and the Data Protection Act 2018. You have, among others, the right of access, rectification, erasure, restriction of processing, data portability and objection, as well as the right to lodge a complaint with the Information Commissioner's Office (ICO).
Information Commissioner's Office (ICO) Website: https://ico.org.uk Telephone: 0303 123 1113
SECTION 27 – CHANGES TO TERMS OF USE
27.1 You can review the most current version of the Terms of Use at any time on this page.
27.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
27.3 Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes for future purchases. Changes shall not apply retroactively to already confirmed orders.
Company Name: Seravanna Limited Company Registration Number: 16627156 Registered Address: 71–75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom Telephone: +44 7575 490655 Email: info@zynvista.com