Terms of Service
Subject to the terms and conditions of this Agreement, the Service is provided solely for User's own personal use, and not for the use or beneﬁt of any third party. The "Zen Pencils store" may change, suspend or discontinue the Services at any time, including the availability of any feature, or content. Shopzenpencils.com may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability. User certiﬁes to "Zen Pencils store" that if User is an individual (i.e., not a corporation) User is at least 18 years of age. User also certiﬁes that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
"Zen Pencils store" reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending User a notice via e-mail or postal mail. User shall be responsible for reviewing and becoming familiar with any such modiﬁcations. Use of the Service by User following such notiﬁcation constitutes User's acceptance of the terms and conditions of this User Agreement as modiﬁed.
3. COPYRIGHT POLICY
The artwork of this site are © Copyright Gavin Aung Than. The designs and illustrations are the property of Gavin Aung Than and protected by Australian and International copyright laws. All Rights Reserved.
4. LOCAL TAXES
User is responsible for all sales taxes (as applicable).
5. SHIPPING AND RETURNS
Purchases are subject to Refund Policy. Restocking fees may apply. The risk of loss and title for Products ordered by User shall pass to User upon delivery of the items to the carrier. Replacement of products and credits to User's Products claimed as damages or not received are subject to "Zen Pencils store" investigation and discretion.
6. DESCRIPTION OF PRODUCTS
Whilst many component parts of our Products are standard, all Products available for purchase are described on their speciﬁc product page on our Site. We always try to represent each design as accurately as possible via photography and copy.
We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the speciﬁcations of Products, their price, packaging and any Service associated at any time, without prior notice. Before ordering, we thus invite you to have a close look at the Product description and design. We use our best efforts to provide you with the best images and description, but unfortunately cannot guarantee that colours and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
7. PURCHASE OF PRODUCTS
Your order represents an offer to us to purchase a Product which is accepted by us once we have sent you an email order conﬁrmation. Any Products on the same order which we have not conﬁrmed in a order conﬁrmation e-mail do not form part of that contract.
"Zen Pencils store" shall under no circumstances be held liable for any special losses due to speciﬁc circumstances of the customer, indirect or consequential losses or wasted expenditure.
Orders are placed and received exclusively via the Site. Before ordering from us, it is User's responsibility to check and determine full ability to receive the Products. Correct address and post code/zip code, up-to-date telephone number and e-mail address are absolutely necessary to ensure successful delivery of your Products. All information asked on the checkout page must be ﬁlled in precisely and accurately. Shopzenpencils.com will not be responsible for missed delivery because of a wrong delivery address or an inappropriate phone number.
Should you like to ask for a change in the delivery address, notify change in a phone number or any other special requirements, please contact Shopzenpencils.com via e-mail.
"Zen Pencils store" delivers to most places in the world. Delivery prices may vary depending on delivery location, and additional charges may be added to the order for remote or difﬁcult to access locations that require special attention. Standard delivery charges are shown on our checkout page; however we reserve the right to advise you of any additional delivery charges that apply to your speciﬁc delivery address.
Delivery lead time may vary however we aim to supply products within the U.S. within 10 working days of acceptance of order. Products supplied outside the U.S. will normally be delivered within 20 working days of acceptance of order. We can not guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for products that are delivered after the estimated delivery date.
This is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and conﬁrming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make delivery of your product as simple for you as possible.
Depending on the location for the delivery different carriers and services might be used to deliver your order, but all will be well vetted and of proven reliability. The Products will be your responsibility from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges
9. LAW AND JURISDICTION
If a dispute arises between you and "Zen Pencils store", we strongly encourage you to ﬁrst contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective thirty (30) days after they are initially posted.
"Zen Pencils store" is bound by the Privacy Act 1988, which sets out a number of principles concerning the privacy of individuals.
Collection of your personal information
There are many aspects of the site which can be viewed without providing personal information, however, for access to future Zen Pencils customer support features you are required to submit personally identifiable information. This may include but not limited to a unique username and password, or provide sensitive information in the recovery of your lost password.
Sharing of your personal information
We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. "Zen Pencils store" takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
Use of your personal information
For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this Site. From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.
Accessing Your Personal Information
You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. "Zen Pencils store" reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.