and conditions of use
1. CONDITIONS OF USE
1.1 Use of the Services and Web Site
The web site zenbasketball.com (the "Web Site") and the
goods and services on it are offered to you for your personal and
non-commercial use only. Commercial use of this Web Site is strictly
You agree to comply with all applicable laws, statutes and regulations
in connection with the use of the Web Site and goods (the "Goods")
or services (the "Services") obtained via the Web Site
and in entering all competitions endorsed by zenbasketball.com (the "Competitions").
The Goods, Services and Competitions are together referred to as
By using the Web Site, you unconditionally agree to be bound by these
terms and conditions.
1.2 Restrictions on Use
As a condition of your use of this Web Site and the Services you
agree that you will not:
(a) reverse engineer or decompile (whether in whole or in part) any
software available through the Web Site (save to the extent expressly
permitted by applicable law);
(b) remove, change or obscure any product identification or notices
of proprietary rights or any restriction on or in the Supplies and/or
the Web Site;
(c) remove any copyright, trade mark or other intellectual property
right notices contained in material on the Web Site or Supplies;
(d) make copies, modify, reproduce, republish, post, transmit, distribute
or alter (including the creation of HTML links to or from the Web
Site) all or any part of the Web Site or any materials contained
1.3 Unlawful or Improper Use
You must not use the Web Site or the Supplies for any unlawful purposes.
In particular, you must not:
(a) publish, post, upload, distribute, disseminate or otherwise transmit,
information or pictures that are obscene or pornographic, threatening,
menacing, racist, offensive, defamatory, libellous, or are alleged
to be, or are in the opinion of zenbasketball.com, otherwise unlawfull
(b) upload files that contain software or other materials in breach
of any intellectual property rights or in breach of confidence;
(c) download any file of materials posted by another user that you
know, or reasonably should know cannot be copied or otherwise used
legally or unacceptable;
(d) harass, stalk, threaten or otherwise infringe the rights of others;
(e) hack into any web site, deliver viruses or other harmful
programs or forward chain letters, surveys, contests, pyramid schemes
or engage in any other behaviour likely to inhibit any other user
from using and enjoying the Web Site or the Services or that is otherwise
likely to damage or destroy the reputation of the Web Site or Zenbasketball.com;
(f) advertise or offer to sell goods or services;
1.4 Monitoring and disclosure
Zenbasketball.com accepts no obligation to (but may in its discretion)
monitor the use of the Web Site and/or the Services by you. Zenbasketball.com reserves
the right to disclose any information or material which may be provided
by you if required by law or regulations and to remove, refuse to
post or to edit any such information or material and to take such
other action as may be reasonably necessary to prevent any breach
of these terms and conditions.
2. INTELLECTUAL PROPERTY RIGHTS
This Web Site (including the software used to operate it) and the
trade marks and any information or material used in connection with
the Web Site and the Supplies are owned by Zenbasketball.com and/or
its licensors. You are not granted any right or interest in these
except as stated in these terms and conditions.
3. OPERATION OF THE SERVICES AND WEB SITE
Zenbasketball.com may at its sole discretion from time to time without
notice change the format and content of this Web Site and/or the
Services and suspend the operation of the Web Site and/or the Services,
for example, for repair or maintenance work, or in order to update
or upgrade the contents or functionality of the Web Site and/or the
You are responsible for obtaining and updating your own web browser,
and for all amounts payable in respect of connection to the internet
including any telecommunications charges for time spent online in
respect of use of the Web Site.
You will comply with all directions and instructions given by Zenbasketball.com
in relation to the use of and access to the Web Site and the Services.
Zenbasketball.com does not accept responsibility for the security
or content of any information which you may supply through the Web
Site or the Services and will not be liable for the content of any
communications or messages received by you from other users.
4. DISCLAIMER AND LIMITATIONS OF LIAIBILITY
Zenbasketball.com does not exclude or limit liability for death or
personal injury resulting from its negligence or any other liability
which may not, by applicable law, be excluded or limited.
Subject to the paragraph above in this clause 4, in no event shall
Zenbasketball.com, its directors, employees or other representatives
be liable (whether for breach of contract, negligence or for any
other reason) for any loss of profits, loss of sales, loss of revenue,
loss of any software or data, loss of bargain, loss of opportunity,
loss of use of computer equipment, software or data, loss of or waste
of management or other staff time, or for any indirect, consequential
or special loss (howsoever arising).
Subject to the two paragraphs above in this clause 4, Zenbasketball.comâ€™s
liability to you whether in contract, tort or howsoever arising is
limited to the amount paid by you to Zenbasketball.com in respect
of the relevant Supplies.
You shall indemnify and keep indemnified Zenbasketball.com against
any loss or damage arising from your unauthorised use of the Web
Site or your disclosure of any password or username and from all
actions, proceedings, claims, demands, costs (including legal costs),
awards and damages howsoever arising, directly or indirectly as a
result of any breach or non-performance by you of any of your obligations
under these terms and conditions.
Zenbasketball.com supplies this Web Site and the Supplies "as
is" and, to the fullest extent permitted by law, makes no representations
or warranties (express or implied) of any kind, including but not
limited to, the accuracy, quality, suitability, fitness for purpose
or completeness of any information or materials made available on
this Web Site or the Supplies, or any third party web sites linked
from this Web Site. Zenbasketball.com shall not be liable for any
action taken by you as a result of your relying on any information
provided in this Web Site or the Supplies or third party web sites
or for any loss or damage suffered by you as a result of you taking
such action or as a result of you purchasing any Supplies from a
Zenbasketball.com does not accept responsibility for the security
or content of any information which you may supply through this Web
Site or the Services and will not be liable for the content of any
communications or messages received by you from other users including
any content posted by other users in chat rooms.
You are solely responsible for your use of this Web Site, Supplies,
any username, password and any information made available on this
Web Site from time to time and for any consequences or effects (whether
direct or indirect) of such use.
Zenbasketball.com does not warrant that this Web Site or the
Supplies will be uninterrupted or error or defect free and shall
not be responsible for the non-performance or interruption of this
Web Site or the Services or for any viruses transmitted through this
Web Site or the Services.
Any links from this Web Site to third party web sites do not constitute
an endorsement by Zenbasketball.com of any products or services available
on such web sites and Zenbasketball.com does not necessarily support
or approve of them. You use such links entirely at your own risk
and Zenbasketball.com accepts no responsibility for the content or
use of such web sites or information contained in them.
5. BUYING GOODS AND SERVICES ON THIS WEB SITE
5.1 Contracting party
You may be able to purchase Supplies via this Web Site either direct
from Zenbasketball.com or from third parties. You must ensure that,
if you do intend to make any purchases, you know the identity of
the company with which you will be contracting. Any contract you
conclude with third parties will be on their terms and conditions
and Zenbasketball.com will accept no liability whatsoever in respect
of such contracts. Third party terms and conditions should be available
in the checkout or other appropriate section of the relevant Zenbasketball.com
or third party web site. The following paragraphs of this clause
5 contain terms and conditions relating solely to any sale or provision
of Supplies direct to you by Zenbasketball.com, not by any third
The prices of all Goods are clearly marked in their description and
are inclusive of VAT and duty (if applicable). All delivery charges
are also displayed on this Web Site.
At any given time, despite our best efforts, a small number of the items
on our site may be mispriced. We do, however, verify prices as part
of our shipping procedures. If an item's correct price is lower than
our stated price, we charge the lower amount and ship you the item.
If an item's correct price is higher than our stated price, we will,
at our discretion, either contact you for instructions before shipping
or cancel your order and notify you of such cancellation.
5.3 Conclusion of Contract of Sale
Any Supplies and prices of Supplies displayed on this Web Site constitute
an invitation to treat. Once you go to the checkout section of this
Web Site and click to purchase any Supplies, this constitutes an
offer made by you to Zenbasketball.com. Acceptance of your offer
only occurs once you receive notification from Zenbasketball.com
of acceptance of your order.
5.4 Period of Offer
Prices of any Supplies may be changed by Zenbasketball.com at any
time before the conclusion of an agreement to sell i.e. once you
receive notification from Zenbasketball.com of acceptance of your
Payment is to be made via a PayPal account, all information will
be encrypted for security.
Delivery of any Goods will be by courier or post depending on the
size and nature of the Goods to be supplied. The Goods will normally
be delivered within 30 days of the placement of the order. If delivery
is delayed beyond 30 days, we will notify you that this is the case
and you will have an option to cancel your order if the delay is
Should the Goods you order not be available, substitute goods may
be provided by Zenbasketball.com, subject to your approval. If you
should decide that any substitution of Goods is unacceptable, Zenbasketball.com
will pay for the cost of returning the Goods and will also provide
you with a full refund.
You may cancel your order at any time before delivery, without affecting
the continuance of this agreement between Zenbasketball.com and you
in relation to use of this Web Site. If any money has been collected
from your credit or debit card, this will be refunded. Notification
of cancellation must be either in writing and sent to the address
stated above or emailed to email@example.com. Once
the Goods have been delivered, you may still return them to Zenbasketball.com
within 7 working days of delivery for a full refund, provided the
Goods are in good condition. Where Services have been ordered, you
may cancel the order within 7 working days of the day on which the
order was placed.
Zenbasketball.com reserves the right to terminate this agreement
and your access to this Web Site and the Services at any time and
without notice, for any reason whatsoever. Zenbasketball.com also
reserves the right to bar anyone from using this Web Site and the
On termination, you will immediately stop using any username and
password and the Services and will return any such username and password
to Zenbasketball.com within 5 days of such termination and destroy
(so that they cannot be retrieved) all records or copies you may
hold of the username and password and any information about or obtained
from this Web Site and the Services.
You may contact Zenbasketball.com about any problems or questions
with this Web Site at firstname.lastname@example.org
These terms and conditions shall be governed by and interpreted in
accordance with the laws of England & Wales and you consent to
the exclusive jurisdiction of the English or Welsh Courts in all
disputes arising out of or relating to the use of this Web Site or
the provision of Supplies by Zenbasketball.com. This Web Site is
operated and controlled by Zenbasketball.com from its offices in
the United Kingdom. Zenbasketball.com makes no representation that
information or material contained at its Web Site is appropriate
for use in other jurisdictions. Users who access the Web Site from
other jurisdictions do so at their own initiative and are responsible
for compliance with any local laws.
You agree that Zenbasketball.com may sub-contract the performance
of any of its obligations or may assign these terms and conditions
or any of its rights or obligations under them without notice. Zenbasketball.com
may delay enforcing its rights under these terms and conditions without
losing them. If any provision of these terms and conditions is found
to be unenforceable this shall not affect the validity of any other
provision. Zenbasketball.com may amend, vary or supplement these
terms and conditions at any time. Zenbasketball.com will post a notice
of any such amendments on this Web Site and such amended terms and
conditions will automatically be effective. These terms and conditions
(as varied from time to time) form the entire agreement of the parties
and supersede all previous agreements, understandings and representations
relating to their subject matter.
9. T-SHIRT CARE
You will be glad to know that we run long term tests on our t-shirts
in order to monitor their quality. Like with all things there are
some do's and don'ts when it comes to cleaning (after all you wouldn't
wash your car using sandpaper, would you?). We strongly advise you
wash and iron your t-shirt as follows:
1. Wash your t-shirt at a maximum temperature of 30 degrees Celsius
/ 85 degrees Farenheit.
2. Do not use bleach or any substance which has a bleaching agent
3. Do not tumble dry your t-shirt.
4. Do not dry clean your t-shirt.
5. Iron your t-shirt at a medium temperature.
6. Do not iron directly onto the design but you may iron on the back
of the t-shirt, ie so that there are two layers of cotton between
the iron and the design, at a medium temperature in order to iron
out any wrinkles in the design which may occur during a wash cycle.
Please follow this advice as we cannot be held responsible for the
quality of the t-shirt or the design if this advice is not followed.
TECHNICAL AND PRODUCTION DISCREPANCIES
In fulfilling the contract, Zenbasketball.com holds the right to
have minor deviations as related to the descriptions found in our
brochures, catalogues, and any other written and electronic documents
regarding the characteristics of the material, the colour, weight,
measurements, manufacturing or similar properties as far as they
reasonably match the expectations of the customer.
Guarantee & Returns Policy
(1) In the case of a customer uploading his own design or personalising
any Goods, the client assures Zenbasketball.com that he possesses
the right to duplicate and distribute this design. The customer will
solely bear the responsibility for any violation of copyright or
trademark. The client shall ensure also that in personalising the
Goods, no other legal rights of any third-parties are infringed.
(2) If a customer finds a defect included in the seller's warranties,
the customer has the right to request a new fulfillment of the contract,
a cancellation of the contract, or a reduction in the sales price.
(3) In the case of a return shipment due to damages or quality defects,
Zenbasketball.com will pay all shipping costs. The customer is required
to use a shipping method that does not include unnecessary shipping
costs. Either the shipping costs will be reimbursed after the fact
or will be transferred in advance as requested by the customer.
(4) The customer has a claim to this guarantee of Goods. If the customer
is a business, it is incumbent on the business to immediately check
the Goods and contact Zenbasketball.com if there are any problems
with the Goods. So long that the business does not contact Zenbasketball.com,
the goods are considered checked and without problems.
(5) The period of guarantee claims for shipped wares is 28 days from
the date the Goods were received for all customers.
Intellectual Property Rights for Print Designs, Exemption
(1) When the customer designs any Goods, either with an uploaded
design or any other means (text personalisation), the customer
thereby assures Zenbasketball.com that the designed Goods do not
violate any third party rights. Any authorship, personal and/or
name usage violations are the full responsibility of the customer.
The customer also insures that by customising the product no additional
third-party rights are violated.
(2) The customer will on first request fully indemnify Zenbasketball.com
from all costs. Claims, demands losses, expenses and requirements
generated by the violation of such third-party rights. The customer
is responsible for refunding Zenbasketball.com all legal defence, costs,
awards of damages and other losses that arise from such violation.