Written by Gregory Brouilliard | 03 October 2008

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

• 1 - The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the EU and other copyright laws, and is the property of Zanshin SARL. The collective work includes works that are licensed to Zanshin SARL Copyright 2008. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Zanshin SARL or purchasing Zanshin SARL products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Zanshin SARL or to purchase Zanshin SARL products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Zanshin SARL. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

• 2 - All trademarks, service marks and trade names of Zanshin SARL used in the site are trademarks or registered trademarks of Zanshin SARL

Warranty Disclaimer

• 3 - This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Zanshin SARL disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Zanshin SARL does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Zanshin SARL does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

• 4. Zanshin SARL shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Zanshin SARL has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

• 5 - In the event that a e-bogu.com, Inc. product is mistakenly listed at an incorrect price, Zanshin SARL reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Zanshin SARL reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Zanshin SARL shall issue a refund to you by check or bank wire.

Term; Termination

• 6 - These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Zanshin SARL without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

• 7 - Zanshin SARL may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Zanshin SARL.

Availability

• 8 - We reserve the right to withdraw our acceptance of your order if any goods are not readily available to us or cannot lawfully be supplied to you, and refund any payment you have made for them. Other goods ordered by you would be dispatched in the normal way.

Deposits on Special Orders

• 9 - Where you wish to order goods which are identified on the website as Special Orders (tailor made clothing for example) a deposit equalling 30% of the total purchase price (inc VAT) will be required. The deposit will be returned if we are unable to perform the contract due to our error or omission but not where you cancel the contract, unless you are a consumer and the contract is cancelled further to the provisions of clause 16.

Price

• 10 - The price of the goods is exclusive of value added tax (if applicable) packing, postage and carriage costs which shall be displayed on our website and confirmed to you at the time of your order. Carriage costs will normally be charged at the rate as set out on the website dependant on the goods ordered and the country of delivery and means of carriage. All payments must be in pounds sterling.

Import Restrictions

• 11 - You shall be responsible for ensuring the goods you order are permitted to be imported to your country of residence, for obtaining any export and/or import licenses that may be required and for complying with any age restrictions on ownership of the goods which may apply in your country of residence. You shall indemnify us for all losses, damages, costs and expenses which we may suffer or incur if you breach this term. Where goods are impounded by any lawful authority or otherwise you shall remain liable to us for the price of such goods unless such action can be shown to have arisen due to a fault by us.

Delivery

• 12 - Goods will be delivered to the country and address you provide to us and will normally be despatched within 4 working days of your order being accepted unless we state otherwise. Time for delivery shall not be of the essence and we shall not be liable for any delay in delivery.  If we fail to despatch any goods within 30 days of accepting your order (or such other period we have notified to you), we shall refund in full your payment in respect of such goods unless you agree to our extending the time for delivery.

• 13 - If you fail to take delivery of the goods or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control (subject to clause 11) or by reason of our fault) then, without prejudice to any other right or remedy available to us, we may:

• 13.1 - Store the goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or

• 13.2 - Sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the contract or charge you for any shortfall below the price under the contract.

• 13.3 - Where the goods are to be delivered in instalments, each delivery shall constitute a separate contract. Failure by us to deliver any instalment in accordance with these terms and conditions or any claim by you in respect of any one or more instalment shall not entitle you to treat the contract as repudiated as a whole.

Title and Risk

• 15 - Risk of damage to, or loss of, goods shall pass to you at the time the goods leave our premises for delivery including where we arrange for delivery.

Consumer Rights and the Right to Cancel

• 16 - Subject to clause 17 you shall from the time the contract between us is formed until a period of 7 days following delivery of the goods, have the right to cancel the contract by sending written notice of cancellation to us at the e-mail, fax or postal address set out at the end of these terms and conditions.

• 17 - Your right to cancel shall not apply where the contract is for the supply of goods which are goods intended for every day consumption or where the goods are ordered to a specification supplied by you (e.g. tailored clothing) and/or are personalised for you.

• 18 - In the event you cancel the contract under clause 16 above:

• 18.1 - you shall be responsible for paying all reasonable costs and expenses incurred in the goods being returned to us; and

• 18.2 - we shall reimburse any sum paid to us by you within 30 days of the notice of cancellation being given.

                      19) Where the goods are not consumables you have the right to require goods be repaired or, where appropriate, replaced for a period of six months after the contract between us is formed if you assert the goods do not conform to the contract save where we can establish that the goods do so conform.

Warranties

• 20 - We warrant that, at the time of delivery, the goods will, subject as hereinafter provided, be free from defects in materials and workmanship and will be of satisfactory quality. There may, however, be minor variations between the goods as shown or described in our sales literature and those despatched to you (the goods despatched will always be of a comparable or superior quality).

•  21 - The goods (unless we notify you otherwise) will be acquired from the manufacturers and or retailers which we specify upon our website.

Disclaimers

• 22 - We shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instruction (whether oral or in writing), misuse or alteration or repair of the goods without our approval.

• 23 - Except in the case of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation or any implied warranty, condition or other term, or any duty at common law or under these terms and conditions, for any special, indirect or consequential damage.

• 24 - Subject as expressly provided in these terms and conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

• 25 - In no circumstances shall our liability to you exceed the invoice value of the goods.

• 26 - We shall not be liable for situations of force majeure where any failure in the performance of any of our obligations is caused by factors outside our control.

Indemnity

• 27 - You agree not to offer the goods for resale either within or outside the France without the written permission of Zanshin SARL.  You shall indemnify us in full for all losses, damages, costs and expenses which we may suffer or incur if you breach this term.

Third Party Rights

• 28 - In an attempt to provide increased value to our visitors, Zanshin SARL may link to sites operated by third parties. However, even if the third party is affiliated with Zanshin SARL, Zanshin SARL has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Zanshin SARL. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Zanshin SARL seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Communications

• 29 - Any communication between us shall be by e-mail fax or first class post to our current e-mail, fax or postal address as set out at the end of these terms and conditions and to your e-mail fax or postal address which you may have notified to us.

Variation

• 30 - We reserve the right to vary these terms and conditions at any time but the terms and conditions which apply to the contract between us shall be those in force at the time we accept your order.

Enforceability

• 31) If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.

Law

• 32) The contract formed by our acceptance of your order shall be governed by the laws of France and you agree to submit to the non-exclusive jurisdiction of the French courts.