Welcome to the ZARA.COM website and co-branded versions of the website located at URLs that resolve to the domain name ZARA.COM (the “Website” or “Site”). As you have no doubt experienced with virtually all websites, your use of this Site is subject to certain terms and conditions of use (these “Terms”) set forth below. These Terms are important for both you and us as they create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business.
You agree that:
Items offered through this Website are only available for delivery to residents of the United States. At this time we are unable to deliver to APO addresses and US territories.
No contract (“Contract”) in respect of the purchase of a product offered on the Site shall exist between you and us until your order has been accepted by us and we send you the Shipment Confirmation (defined below). If we do not accept your order and funds have already been deducted from your account, the funds will be fully refunded.
To place an order, you will be required to follow the shopping process online and press the “Authorize payment” button to submit the order. After this, you will receive an e-mail from us acknowledging that we have received your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the “Shipment Confirmation”). We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation.
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you might have paid.
We reserve the right to withdraw any product from this Website at any time and/or remove or edit any materials or content on this Website. While we will take reasonable efforts to process all orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
We will not be liable to you or any other third party by reason of our withdrawing any product from this Website, whether it has been sold or not, removing or editing any materials or contents on this Website or for refusing to process or accept an order after we have sent you the Order Confirmation.
We guarantee to refund any item you are not completely happy with when you return it to us within 1month as of the confirmation of the Shipment Confirmation. You shall receive a full refund of the price paid for the products in accordance with our Returns Policy (see below Clause 12). Refunds will be credited to your original method of payment.
Your right to a refund only applies to product(s) that are returned in the same condition as you received them. You should also include all of the products instructions, documents and wrappings. Any product which is damaged or not in the same condition as you received it will not be refunded. You should therefore take reasonable care of the product(s) while they are in your possession.
You will not have any right to cancel a Contract for the supply of any of the following products:
Please take good and reasonable care of the product(s) while they are in your possession, and where possible original boxes, instructions/documents and wrappings should be retained and used for the return of the product(s).
Returns and refunds of gift cards, shall be governed by the General Terms and Conditions of Use relating to gift cards which may be found at: Use Conditions of the Gift Card
Subject to the provisions of Clause 5 above, and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Shipment Confirmation by the delivery date set out in the Shipment Confirmation or, if no estimated delivery date is specified, within 15 working days of the date of the Shipment Confirmation. Delivery to Alaska and Hawaii can take up to 20 working days of the Shipment Confirmation.
Reasons for delay could include:
Orders for virtual gift cards, it will be delivered on the date indicated by you on the virtual gift card order.
If for any reason whatsoever, we cannot meet the delivery date, you will be kept informed thereof and offered a choice of either continuing with the purchase by setting an extended delivery time or cancelling the order with a full refund of the price paid. Please note however, that we do not deliver on Sundays and Mondays, except with respect to virtual gift cards, which will be delivered on the date indicated by you on the order form.
For signature required deliveries, we will make three attempts to deliver your parcel before initiating a return. For the purpose of these Terms, the "delivery" shall be deemed to have occurred or the goods shall be deemed to "have been delivered" upon signing for receipt of the products at the agreed delivery address. However, virtual gift cards shall be deemed to “have been delivered” in accordance with the General Terms and Conditions of Use pertaining to gift cards which may be found at: Use Conditions of the Gift Card and in any case, on the date of delivery of such virtual gift card to the e-mail address indicated by you on the order form. For all other packages, we will try to find a safe secure place to leave your parcel.
IF YOU CHOOSE THE PICKUP IN STORE OPTION, YOU WILL BE REQUIRED TO SHOW AN OFFICIAL IDENTIFICATION.
If we are unable to deliver the goods , we will try to find a safe secure place to leave your parcel. Please note that an order can be delivered to a neighbor, in case a delivery attempt is unsuccessful. Delivery to a neighbor address is upon judgment of the driver. Signature required orders which cannot be delivered will be returned to warehouse.
This clause does not apply to virtual gift cards, whose delivery shall be governed by the General Terms and Conditions of Use pertaining to gifts cards which may be found at: Use Conditions of the Gift Card and the rules provided in clause 8 above.
The product(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in Clause 8 above), should this be later.
The price of the products shall be the one quoted from time to time on our Website, except where there is an apparent error. While we take care to ensure that all prices quoted on our Website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund.
We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such. All prices are exclusive of shipping charges and sales tax (if applicable). The total cost of the order is the price of the product(s) ordered plus the delivery charge and sales tax (if applicable). Prices may change at any time, but (except as provided above) any potential change will not affect any order for which a Shipment Confirmation has been sent.
We follow all applicable sales tax regulations for the jurisdictions where we do business. Sales tax is charged (if applicable) according to the shipping address of your order.
Once you have finished shopping, all the items you wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment. To do this:
Payment can be made by Visa, MasterCard, American Express PayPal, Discover, and JCB. Also, payment can be totally or partially made by a Zara gift card or a Zara voucher card issued by Zara USA Inc. or by ITX USA LLC. To minimize the possibility of unauthorized access, the details of your card will be encrypted. Upon receiving your order, we will make a pre-authorization on your card to ensure there are enough funds to complete the transaction. In order to avoid international credit card transaction charges, payment for orders will be made to ITX USA LLC. The amount of the purchase will not be charged to your card until your order has been shipped to the delivery address. By clicking on the “Authorize Payment” button, you are confirming that the credit card is yours or that you are the legitimate owner of the gift card or of the voucher card. Cards are subject to validation checks and authorization by your Card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
If payment is made via PayPal or gift card or voucher card issued by Zara USA Inc. or by ITX USA LLC, the amount will be charged upon confirmation of your order.
We use CYBERTRUST to ensure payment is made safely.
Returns in the exercise of the right to cancel your purchase
General policy: If you wish to receive a refund within the period specified in Clause 7 above, you can make a return to us at any of the ZARA stores in your country with the section of the product you want to return available (these stores are operated by Zara USA INC. which is a different legal entity belonging to the same Group of companies that ITX USA LLC), FedEx drop off location or by giving the products to the Courier arranged by us. You should send the product in the same package received by following the directions on the “RETURNS” section of our Website. You should contact us through our web form to arrange for the product to be collected at your home address. Neither option will entail any additional cost to you. You will be responsible for the cost of returning the product to us where you are not able to do so via one of the three free options offered. Please note that if you return the goods to us at our expense, we will be entitled to charge you for the direct cost we might incur as a result.
If you have any doubts you can contact us through our web form or at the telephone number 1-855 635 9272.
Product exchange (same article in a different color or size) or return in-store at ZARA: You may return the product in any ZARA store of the USA, in person, to a store itself. You must present with it, fully completed, the returns form (hereinafter, the form) received on delivery.
Please use or include with the product being returned all original boxes, instructions/documents and wrappings. After reviewing the product, we will let you know whether or not you have a right to a refund. We will process your refund as soon as possible and in any case; within 30 days of the date the returned goods have been received. We will refund any money received from you using the same method used to make payment. If your card expires before we process your refund please contact our customer service team with your order number, zip code and new card details. For security reasons, we cannot accept this information via e-mail.
Such products which are not in the same conditions as those of delivery or which have been used beyond the mere opening shall not be exchanged or refunded. Exchange is limited to exchange for the same product, of a different size or color.
Return of gift cards shall be governed by the General Terms and Conditions of Use pertaining to gift cards which may be found at:Use Conditions of the Gift Card.
Returns of defective products
In circumstances where you consider that the product does not conform to your order, you should promptly contact us via our web form with details of the product and its damage. Alternatively, you can contact us by telephone at 1-855 635 9272 where you will receive instructions from us.
You may return the product to us in any ZARA store located in the USA, FedEx drop off location or by giving it to the Courier arranged by us. Upon receipt of the returned product, we will fully examine it and notify you of your right to a replacement or refund (if any) via e-mail within a reasonable period of time. We aim to process the refund or replacement as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you are entitled to a refund or replacement for the non-conforming product.
In case of existence of any defect, defective products will be refunded in full, including a refund of the delivery charges and any reasonable costs incurred by you in returning the item. We will always refund any money using the method used to make payment.
Our liability in connection with any product purchased through our web site is strictly limited to the purchase price of that product.
We publish information on this Site as a convenience to you. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products described in the Site may not be available in your region. We do not claim that the information in the Site is appropriate to your jurisdiction or that the products described in this Site will be available for purchase in all jurisdictions.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE, WHICH IS PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
We make no warranties of any kind regarding any non-ZARA sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-ZARA sites. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
IN NO EVENT SHALL ZARA, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF ZARA OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Due to the open nature of this Website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this Website unless otherwise expressly set out on this Website.
To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.
The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, “Materials”), is ZARA property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of ZARA. We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained on the Site. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
As between you and ZARA, (or any other company whose marks appear on the Site), ZARA (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials on the Site, unless otherwise indicated. The ZARA logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “ZARA Intellectual Property”) are owned by ZARA and may be registered in the United States and internationally. You agree not to display or use the ZARA Intellectual Property in any manner without ZARA's prior permission. Nothing on the Site should be construed to grant any license or right to use any ZARA Intellectual Property without the prior written consent of ZARA.
Except as otherwise provided herein, use of the Site does not grant you a license to any Materials or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials or screens for any purpose except as otherwise provided by ZARA. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States, Ireland, and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law. This does not prevent you from using this Website to the extent necessary to make a copy of any order.
If you believe a work on the Site constitutes infringement of your copyright, trademark or other intellectual property rights please provide our Designated Agent with a written communication containing the following information:
ZARA's Designated Agent for notice of claims of copyright infringement and trademark infringement can be reached at firstname.lastname@example.org
You agree to defend, indemnify and hold ZARA, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
All notices given by you to us should be given to us preferably via our web form. Subject to and as otherwise specified in Clause 17 above, we may give notice to you at either the e-mail or postal address you provide to us when placing an order.
Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a “Force Majeure Event”). A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
No failure of ZARA to enforce any of its rights or remedies under these Terms will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of the clause on Notices (Clause 20) above.
If any of these Terms or any provisions of an order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of these Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and us acknowledge that, in entering into these Terms, neither you nor us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Terms, except as expressly stated in these Terms.
We welcome your questions, comments and feedback. Please send all questions, comments and feedback to us via our web form.
Last Updated: December 4, 2012