Terms and conditions
This website is operated by YourZooki Inc. Throughout the site, the terms “we”, “us” and “our” refer to YourZooki. YourZooki offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service 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. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Company information and contact details
We are YourZooki Inc., a Delaware corporation.
You can contact us by:
telephoning our customer service team at +1925 420 8492;
using the “Contact us” function on the Website; or
by writing to us at 3500 South Dupont Highway, Dover, Delaware 19901.
If we have to contact you, we will do so by telephone or by writing to you at the email address or mailing address you provided to us in your order or when you create any account to use our Website.
When we use the words "writing" or "written" in these Terms, this includes emails but not fax.
Your personal information
Access to the website
We cannot guarantee that our Website, or any content on it, will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business or operational reasons. If you have created an account to use the Website, we will try to give you as much notice as is possible of any suspension or withdrawal.
If, during the order process for our Products, you create an account to use our Website, you will need to choose a password as part of our security procedures. You must treat this information as confidential and not share it with anybody else.
We may disable any user account at any time if in our opinion you have failed to comply with any of these Terms.
If you know or suspect that anyone other than you knows your account details, you must promptly notify us by contacting us (see above).
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it or suggest any form of association, approval or endorsement on our part where none exists.
If you wish to link to or make any use of content on our Website other than that set out above, you must obtain express consent from us, which we may withdraw at any time.
Intellectual property rights
All trademarks, service marks, logos and trade names and other materials which appear on our Products, product packaging and/or on the Website, whether registered or not (“Intellectual Property”) remain the property of us or where applicable our licensors. This Intellectual Property is protected by laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Website solely for your personal use. You must not modify the paper or digital copies of any materials you have printed or downloaded in any way. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
You must not use any of the content on our Website or our Intellectual Property for commercial purposes without obtaining a license to do so from us or our licensors.
You agree that you will not conduct, facilitate, authorize or permit any text or data mining or web scraping in relation to our Website or any services provided via, or in relation to, our Website. This includes using (or permitting, authorizing or attempting the use of) any:
“robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same; or
automated analytical technique aimed at analyzing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit data mining or web scarping activity by contract under the laws which are applicable to us.
Reliance on information; Product warranties
The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website. Always speak with a healthcare provision before taking any dietary, nutritional, herbal or homeopathic supplement.
None of the statements on our Website have been evaluated by the Food and Drug Administration.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
THE PRODUCTS ARE DELIVERED “AS IS,” WITH NO WARRANTIES, EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY RESPECTING THE MERCHANTIBILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE.
None of the Products are intended to diagnose, treat, cure, or prevent any disease.
Responsibility for viruses
You are responsible for configuring your information technology, computer programs and platform to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the service on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the federal Computer Fraud and Abuse Act and possibly other state laws. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
Purchasing products from us
The images of the Products on our Website and/or any promotional material are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device's display of the colors or the printed pictures in our promotional material accurately reflects the color of the Products. Your Product may vary slightly from those images.
If you wish to purchase our products, you will be able to do so in different ways, which depends on whether you are physically in attendance at one of our Kiosks or browsing on our Website. This section will describe the ways that you can place an order (“Order”) for the Products in both scenarios.
If, following discussions with our sales team, you wish to purchase the Products at one of our Kiosks, you will be able to do so. A member of the sales team will take you through the typical order process via a tablet or laptop as though you were purchasing the Products via our Website.
If you wish to purchase the Products via our Website, you can do so either by creating an account or proceeding as a guest. To place your Order, you must select the Products that you wish to purchase, your desired delivery method (please see our Shipping Policy) and proceed to complete the Order at the checkout page of the Website.
We have the absolute discretion to decide whether or not we wish to accept your Order. Your Order will only be accepted when we send an email confirmation to you (to the email address provided when placing the Order) confirming our acceptance and that we are able to provide you with the Products. It will be at this point at which a contract will come into existence between you and us.
By placing your Order, you confirm that you are:
legally capable of entering into binding contracts; and
a resident within one of our serviced countries (for further information here, please see our Shipping Policy).
If we cannot accept your Order, we will inform you of this either in person at the time you place your Order or otherwise in writing following submission of your Order. If we do reject your Order and you have paid any sums for the Products, we will promptly refund such sums to you.
In emailing you to confirm acceptance of your Order we will provide you with a summary of the Products subject to that Order, applicable costs and delivery formalities. We will also provide you with a unique Order number, which can be used when raising any queries with us.
If any of the information which you provided within your Order changes at any time during the duration of the contract you must notify us of this fact. At this stage we will assess whether this affects our ability to provide the Products, the price or any other matter relating to the contract.
Price and payment
The price of the Products will be the price indicated on the checkout function of Website (whether or not you are purchasing the Products at one of our Kiosks or via the Website). We use our best efforts to ensure that the price of the Products (whether under a Subscription Plan or on a standalone basis) advised to you is correct.
All prices posted on our Website are exclusive of sales tax. At checkout, you will be prompted to enter your shipping address, at which time our system will calculate the estimated sales tax owed based upon the shipping destination. The final price will include the price of the Products plus any applicable sales tax and shipping costs. All sales tax related to the Products purchased pursuant to these Terms are your responsibility. In the event that we are obligated to remit any sales tax that was not collected at sale, you agree to reimburse us for such tax on demand.
You must pay for your Subscription Plan on a recurring basis, which depends on the Subscription Plan that you have subscribed to. If you have agreed to a Subscription Plan, we will not change the price of any recurring payments that you are required to pay. However, delivery options and associated costs (which, given our use of third-party providers, whose actions are outside of our control) may change. If this occurs, we will notify you.
We accept payment with all major and debit cards and also American Express. We require that you pay for the Products upon placing your Order and on the agreed recurring basis where you have purchased a Subscription Plan.
Changes to your order
If you wish to make a change to your Order, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Subscription Plan and/or the Product, delivery dates or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Please note that it is not possible to change your Order once the Products have been shipped to you. It may be possible to return the Products under our Cancellation and Returns Policy, however return postage costs may apply.
We may make minor changes to your Order or Subscription Plan in order to:
to reflect changes in relevant laws and regulatory requirements; or
to implement minor technical adjustments and improvements, for example to address a security threat.
These changes will not affect your Subscription Plan.
In addition to standalone purchases of the Products you may purchase a recurring subscription plan for our Products (“Subscription Plan”). Details regarding the available Subscription Plans are Product specific and can either be found on our Website, at our Kiosks or by contacting us.
By entering into a Subscription Plan, you agree and acknowledge that you will be liable to make an initial payment (for the first Order of the Products) and recurring payments (for each subsequent Order of the Products). The price and frequency of these payments will depend on your Subscription Plan and applicable discounts and offers that we may apply from time-to-time.
We will submit periodic charges (in accordance with your chosen Subscription Plan) without further authorization from you. However, you can cancel your Subscription Plan at any time and this will take effect following your next delivery of the Products. For information on how to cancel your Subscription Plan, please see our Cancellation and Returns Policy. You may still be liable to make payments in respect of the Subscription Plan following termination.
Given the recurring nature of the Subscription Plan, Products are subject to availability. If the Products under your Subscription Plan are unavailable, we will contact you via email. We will then use commercial endeavors to deliver the Products to you as soon as possible, however you can alternatively cancel your Subscription Plan in accordance with our Cancellation and Returns Policy.
Cancellations rights and our 30-day guarantee
We operate a 30-day returns policy on all Products purchased via our Website or Kiosks, commencing from the day on which the Products have been delivered to you. After the 30-day period has expired, we cannot accept returns for any Products that we have supplied.
Please see our Cancellation and Returns Policy which contains further information regarding our cancellation policy and how you can return any Products to us.
Delivering the products
During the order process for the Products, we will let you know on which date we will provide the products to you. Where you have purchased a Subscription Plan, this will be on the recurring basis that has been agreed with you, from the date you subscribe to our Subscription Plan, depending on which subscription you sign up to.
We will supply the Products as per the Subscription Plan you have chosen to you until either you end the contract or we end the contract by written notice to you.
If we are unable to ship the products by the date indicated, we will, within a reasonable time after becoming aware of our inability to timely ship the Products (but no later than the anticipated shipment date), offer you the option either to consent to a delay in shipping or to cancel your Order and receive a prompt refund. Provided we do this we will not be liable for delays in shipment or delivery of the Products.
If no one is available at your address to take delivery and the Products cannot be delivered through your mailbox, we will contact you using the contact details that you have provided with us and otherwise make one further attempt to deliver the Products to you. Please note that further delivery charges may be applicable in the event of repeated attempted deliveries.
We will contact you in advance to tell you we will be suspending the Subscription Plan for the supply of the Products unless the problem is urgent or an emergency. If we have to suspend the Subscription Plan for the Products we will adjust the price so that you do not pay for the Subscription Plan whilst it is suspended. You may contact us to end the contract for the Subscription Plan if we suspend it or tell you we are going to suspend it and we will refund any sums you have paid for any Products you have paid for but not received in respect of the period after you end the contract. Please see our Cancellation and Returns Policy for more information.
If you do not pay us for the Products when you are supposed to (see clause 26) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend the Subscription Plan and the supply of the Products until you have paid us the outstanding amounts. We will contact you in writing to tell you we are suspending the Subscription Plan for the Products. We will not charge you for the Subscription Plan during the period for which it is suspended.
If there is a problem with the products
If you have any questions or complaints about your Subscription Plan or the Products, please contact us.
You may return the Products in accordance with our Cancellation and Returns Policy.
If we have failed to deliver Products in conformity with our contract with you, you may reject the Products within a reasonable time after their delivery by notifying us of your rejection of the Products and holding the Products with reasonable care for our disposition for a time sufficient for us to collect them, should we choose to do so.
Your rights to cancel the contract
You can contact us to end your contract for the Products (whether under a Subscription Plan or on a standalone basis) at any time. In order to do so, please see our Cancellation and Returns Policy.
In addition to your rights to cancel under our Cancellation and Returns Policy, you may also have a right to terminate the contract if we have failed to deliver Products in conformity with our contract with you.
Our rights to end the contract
We may end the contract at any time and at our absolute discretion by providing notice in writing to you. Specific examples of where we may end the contract are:
you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
you act unreasonably or in an obstructive manner when we attempt to deliver the Products to you; or
we are unable to provide the Subscription Plan.
If we end the contract in the situations set out above, we will refund any money you have paid in advance for the Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaching the contract (for example, where we cannot provide the Products due to your conduct).
How to end the contract with us
To end the contract with us, please let us know by calling customer services on +1925 420 8492 or by writing to us at firstname.lastname@example.org. Please provide your name, home address, details of your Subscription Plan or the Products that you have purchased, your order number, your phone number and your email address.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then, in accordance with our Cancellation and Returns Policy, your refund will be made within 14 days of your telling us you have changed your mind.
Limitation of liability
Use of the website
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (A) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (B) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT/DEVICE THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (C) THAT WE AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, SHAREHOLDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (COLLECTIVELY, “SERVICE PROVIDERS”) WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF A JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR AND OUR SERVICE PROVIDERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Sale of products
If we fail to deliver Products in accordance with our contract with you, your exclusive remedy shall be as set forth in Section 15 above. IN NO EVENT SHALL WE BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGES OF ANY KIND, HOWEVER CAUSED, OR ANY PUNITIVE, EXEMPLARY OR OTHER DAMAGES.
Please see our Cancellation and Returns Policy which contains further information.
Which laws apply in the event of a dispute?
Please note that these Terms, their subject matter and their formation, are governed by the law of the State of Delaware. You and we both agree that the federal and state courts of Delaware will have exclusive jurisdiction over any dispute arising out of these Terms or our relationship. You may wish to attempt to resolve any dispute without resorting to legal proceedings, and in such instance alternative dispute resolution may be used.