TERMS OF SERVICE

Thank you for visiting our website - https://zymme-pillow.com (hereinafter – “Website”). Please read these Terms of Services (hereinafter – “Terms”) before using the Website, using any of its features or placing any purchase requests. These terms govern your use of the Website and will form a legally binding agreement between You (hereinafter – “User” or “You”) and the operator of the Website whenever you’ll be buying anything on the Website.

If You have not read and/or understood the provisions of these Terms, we recommend that you stop using the Website and refrain from making any purchases via the Website.

1. GENERAL INFORMATION

1.1. Zymme (hereinafter referred to as the “Seller”, “We”, “Us”, “Our”) is a brand name and registered trademark that is used and operated by:
Convenity, UAB
Gedimino g. 45-7, LT-44248, Kaunas, Lithuania
Whenever you will be buying anything on the Website you will be entering into a contractual relationship with Us and this contractual relationship shall be bound and determined by these Terms and applicable laws.

1.2. Please be noted that most of the products that are available for purchase on the Website are sent to the buyers from the Seller’s warehouses located in China. Thus depending on the laws applicable in the country of your residence, your purchased products might be subject to import duties, sales and/or other similar taxes.

1.3. In order to make any purchase on the Website you must meet the following minimal requirements:

(a) You have read these Terms and agree to be bound by them;

(b) You are of legal age to enter into a remote contract, as required by Your local laws;

(c) You are using the Website for your own personal interest and do not seek to use the Website for the interest of any other business entity or subject, regardless of it being a natural or a legal person.

1.4. Please note that the Website is intended and designed for adult users only. The Website is not and will never be intended for use by children or minors.

1.5. If You have read these Terms but do not fully understand the provisions set out herein please contact our customer support team by filling an online contact form at https://support.zymme-pillow.com/en/support/home and refrain from buying anything on the Website until you fully understand all the terms and conditions.

1.6. We have the right to prohibit You from accessing and using the Website or any of its features if we have a reason to believe that you do not comply with the requirements set out in Clause 1.3. above or if we have a reason to believe that You are in breach of any other provision of these Terms.

1.7. Please be noted that most of our products are manufactured and will be delivered to you from China. Thus depending on the laws applicable in the country of your residence, your purchased products might be subject to import duties, sales or VAT tax, and/or other taxes.

2. WHAT WE SELL

2.1. Our Website is dedicated to selling various consumer household goods (hereinafter – “Goods”).

2.2. All our Goods are designed and manufactured in accordance with all EU requirements, applicable to household goods, and compliance with the applicable laws.

2.3. The Goods that we might sell on the Website are not toys and are not designed or intended to be used by children. Please do not give the Goods you purchase on our Websites to minors without Your attendance.

2.4. Currently We are selling the following Goods featuring properties indicated below. Please make sure that you have carefully read the descriptions of the main properties of the Goods that you wish to acquire from Us: Zymme Memory Foam Pillow

2.5. Zymme memory foam pillow (hereinafter - “Zymme”) is an ergonomic contour pillow made from the Polyurethane-based memory foam with a polyester outer cover. This product is specifically designed to be used as a pillow for a more comfortable sleep in 3 sleeping positions (back, side and stomach).

2.6. Technical specifications of Zymme are as follows:

2.7. Zymme or any of the claims listed in its web material have not been evaluated by the FDA. The aforementioned products are not intended to diagnose, treat, cure, or prevent any specific disease or condition (including chronic pains), but rather to provide a correct support for your neck and shoulders while you sleep, which may help alleviate various back, shoulder and neck pains originating from the bad sleeping posture.

2.8. If you have a health concern or a pre-existing condition, please consult a physician or an appropriate specialist before using Zymme. Zymme IS NOT intended to replace or to supersede any of your doctor’s advice or prescriptions. Zymme IS NOT designed to replace medicine & treatments.

2.9. We will not accept any responsibility for the changes of Zymme properties if the product is used without following the usability specifications set out herein and in the product user manual that you will receive with your purchased Zymme product.

3. PRICING, PAYMENTS AND CHARGES

3.1. The final price, inclusive of all taxes and fees for the Goods shall be displayed on the check-out page, on which you will be able to make the purchase. Please be noted that the price on the check-out page does not include any import fees or duties which would be applicable by your local customs.

3.2. Prices for Goods displayed on the Website might be subject to change. We may apply discounts or reduce prices from time to time.

3.3. We reserve the right to modify or discontinue further sales of any products. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the sale of products.

3.4. Please be noted that we will never apply any conversion rates or charges dependable to your chosen payment method. However, some banks apply conversion rates for outgoing payments and international transfers – thus, we are not responsible for any bank fees or conversion rates that your bank would apply for any payment made to Us. If you notice any differences between the product prices on Our Website or purchase receipt and Your bank account statement, please refer to your bank for detailed explanation of the additional charges.

3.5. We accept payments by credit card, PayPal and other electronic payments only. We will not accept checks, cash or other means for payment, except if ‘cash on delivery’ service would be available in your country (if ‘cash on delivery’ is available at your country, you will be informed about such option on the check-out page).

4. DELIVERY

4.1. Once you have placed your order on the Website and made the payment, we will process your order within 1-3 business days. After your order is processed you should receive the shipment within 4-14 business days if shipping will not be affected by natural occurrences. If you don’t receive your shipment within 4-14 business days please contact our customer support.

4.2. Once your order is processed and ready for shipment, we won't be able to accept any changes to your order or cancel the order. If you change your mind, you can return products as specified in Section 5 (“Returns & Refunds”) below;

4.3. All products purchased on our Website will be delivered to You by EMS, DHL or other similar couriers. After we finish processing your order, we will send you confirmation letter containing your shipment tracking number. You can track your order online anytime by visiting https://www.stone3pl.com/index.php?route=services/track or https://www.17track.net/.

4.4. In case your purchase does not reach you within 30 calendar days, please report to our customer support. Please be noted, that in accordance with Article 18(2) of the Directive 2011/83/EU of the European Parliament and of the Council, if You do not receive your purchase within 30 days, you must contact us and inform Us about acceptable additional period of time upon which we will deliver Your purchase. You shall be entitled to terminate the purchase only if We have failed to deliver your purchase within the additional time limit. Please be noted that you cannot claim to not have received the purchased goods if the rules set out in this provision is not followed.

4.5. Please be noted that:

(a) the shipping terms may be affected by customs, natural occurrences, transfers to the local carrier in your country or air and ground transportation strikes or delays. We will be not responsible for delays if the shipment will be delayed due to the unforeseen aforementioned reasons.

5. RETURNS & REFUNDS

5.1. If you are unhappy with your purchased Goods you may return items and get a refund, exchange or store credit within 30 days from the delivery date. The 30-day return term will expire after 30 days from the day on which You, or a third party other than the carrier indicated by You, acquires physical possession of the purchased Goods.

5.2. To exercise the right to withdraw and return your purchased Goods, You must contact our customer support team by filling an online contact form at https://zymme-pillow.com/contact. After you contact our support team, you will be provided with a return code and return address – please be noted that we will only accept returning goods that will be sent with the provided return code and delivered to the provided return address.

5.3. To meet the withdrawal deadline (30 days) you have to contact us and send the returning Goods to us within 30 days from receiving the Goods.

5.4. If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than within 14 days from the day on which we receive the returning goods from you. We will make the refund by using the same means of payment as you used for the initial transaction.

5.5. Please be noted that we will only accept the returned Goods if it was not used, damaged and sent back to us in the original package. If we determine that the returned products were used but still in an operable and re-sellable condition, we might still make a refund to you, but You will be liable for any diminished value of the Goods resulting from handling the Goods. Thus, if we found that the returned product was used, we reserve the right to not accept the return and not to issue the refund.

5.6. Please be noted that if You want to return Goods bought on the Website You will have to cover the shipping costs which will not be compensated by Us.

5.7. Please be noted that we will only accept returned products and make refund for them if they will be returned to the address provided by Our customer support and will have the return merchandise authorisation code placed on the returning shipment. Please do not send any returning products to our office address as we won’t be able to accept them. For more information, please check https://zymme-pillow.com/return.

5.8. Please note that shipping costs are not refundable. We issue refunds for the purchased items, but NOT for the order's shipping costs.

6. WARRANTY

6.1. If you wish to return a defective item please contact our customer support by filling an online contact form at https://zymme-pillow.com/contact. When you contact our customer support with a warranty claim please be prepared to provide upon request: (1) photographs of the defective item; (2) your order ID and purchase confirmation letter or payment receipt; (3) a brief description of the defect.

7. PERSONAL DATA AND CONTACTING

7.1. We take necessary precautions and follow industry best practices as well as all requirements set by applicable laws to protect Your personal information from being inappropriately lost, misused, accessed, disclosed, altered or destroyed.

7.2. The Provider ensures that all personal data shall be collected and processed in accordance with all applicable laws. To find out more about how we use and process personal data please read our Privacy Policy (https://zymme-pillow.com/privacy).

7.3. Please be noted that we may contact you via phone or email if we need to confirm any details of your order or if your order request was not processed successfully due to technical matters. If your order was not successful due to payment processing errors, we might send you a text message or email with a reminder to carry out necessary actions.

7.4. If you choose to receive promotional messages from us, either through our Website or by sending us your opt-in, you are providing your prior express written consent to receive recurring marketing or promotional messages from us (“SMS”) sent via an automatic telephone dialing system.

7.5. If you will provide us with your express written consent to receive SMS from us, we may also send you a SMS offering to be enrolled in our SMS subscription service. You will be enrolled to subscription only if you opt-in by confirming your acceptance to be enrolled to subscription. If you subscribe to receiving promotional messages, we will send you not more than 3 promotional SMS per week.

7.6. You can unsubscribe from receiving promotional SMS from us at any time by replying “STOP”, “END” or “CANCEL” to our SMS. Once we receive your opt-out request we will stop sending you any SMS immediately. If you are unable to opt-out or need additional information, please contact our customer support by email or reply “HELP” to our SMS and someone from our team will contact you within 1-2 business days.

7.7. Your wireless service provider’s messaging and data plans may apply to our confirmation text messages and any subsequent text messages, depending on your individual data plan provided by your wireless service provider. Please consult your mobile operator to determine the charges for retrieving data, sending and receiving SMS. Under no circumstances will we or our affiliates be responsible for any SMS or cell phone charges incurred by you or anyone who has access to your cell phone or phone number. Neither we nor the mobile network operators are liable for delays in the receipt or non-delivery of SMS.

7.8. The information we receive from you in connection with the SMS Services may include your cell phone number, the name of your network operator and the date, time and content of your SMS. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. For more information about how we use your personal information, including phone numbers, please refer to our privacy policy.

8. RULES OF CONDUCT

8.1. Please be noted that our Goods or Services are sold for personal use only. By agreeing with these Terms you confirm that you will only buy our Goods for personal use.

8.2. You may not use our Goods for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws. All contents of the Website and the contents of all materials received from us (including graphic designs and other contents) and the relevant parts of the Website belong to the ownership of Convenity, UAB and are protected by the copyright laws. Any use of any copyrights for purposes other than personal use, without our license, constitutes a breach of copyright.

8.3. We have the right, but not obligation, to investigate any illegal and/or unauthorized use of the Website and take appropriate legal action, including without limitation, civil, and injunctive relief if we have a reason to believe that you are violating these Terms or applicable laws. While using the Website, you must:

(a) Not use the Website or any of its contents for any illegal purpose, or in violation of any local, state, national, or international law;

(b) Not violate or encourage others to violate the rights of third parties, including intellectual property rights;

(c) Comply with all policies posted on the Website;

(d) Not transfer, legally or factually, your registered account to another person without our written consent;

(e) Provide honest and accurate information to us;

(f) Not use the Website or any of its contents for any commercial purpose, including distribution of any advertising or solicitation;

(g) Not reformat, format, or mirror any portion of any web page of the Website;

(h) Not create any links or redirections to the Website through other websites or emails, without prior written consent given by us;

(i) Not make any attempts to interfere with the proper functioning of the Website or the use and enjoyment of the Website by other users;

(j) Not commercially resell, redistribute or transfer any Products that you buy from us;

(k) Not interfere in any way with security-related features of the Website;

(l) Not access, monitor or copy any content or information of the Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;

(m) Not claim false affiliations, access the accounts of other users without permission, or falsify your identity or any information about you, including age or date of birth;

(n) Not perform any other activity or action which would be incompliant with these Terms or applicable laws.

8.4. You acknowledge that the Website does not have to be accessible at all times, especially during the necessary hardware and software maintenance periods.

9. DISCLAIMERS

9.1. The Website may provide links to other websites maintained by third parties. Any information, products, software, or services provided on or through third-party sites are controlled by the operators of such sites and not by us or our subsidiary companies. When you access third-party sites, you do so at your own risk.

9.2. We honour the privacy of our customers, thus all testimonials and/or comments displayed on the Website might have fictional names and associative pictures. The identity of the consumers is known to us, but we will never display our users’ true names or images except when a user gives its express consent to display his/her name and/or image.

9.3. Unless otherwise indicated, this Website is our property and all source code, databases, functionality, software, designs, text, photographs, and graphics on the Website are owned or controlled by us and are protected by copyright and trademark laws. It is forbidden to copy or use any of the Website's contents without prior written approval by Us.

9.4. THE GOODS OFFERED ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

9.5. THE GOODS SOLD ON OUR WEBSITE ARE DESIGNED FOR PERSONAL USE ONLY. WE DO NOT CLAIM THAT ANY OF OUR PRODUCTS WILL BE SUITABLE FOR PROFESSIONAL, INDUSTRIAL, OR COMMERCIAL USE.

9.6. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER THIRD-PARTIES, SUBSCRIBERS, MEMBERS, OR OTHER USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER.

9.7. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THE WEBSITE OR THIRD-PARTY SITES. USE OF ANY INFORMATION ON THE WEBSITE OR THIRD-PARTY WEBSITES IS AT THE USER’S OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE.

9.8. Any information provided on the Website is for commercial and recreational purposes only. The Website should not be used in any high-risk activities where damage or injury to persons, property, environment, finances, or business may result if an error occurs. You assume all risk for your use of information provided on the Website.

9.9. We made every effort to display as accurately as possible the colors and images of all materials that appear on the Website. However, we cannot guarantee that your computer monitor's display of any color will be accurate as well as that any display of any product or service on the Website will accurately reflect the actual properties of the product or service that You can find on the Website.

10. INDEMNIFICATION

10.1. You agree to indemnify, defend and hold us and our affiliates, and respective officers, directors, owners, agents, information providers, and licensors harmless from and against all claims, liability, losses, damages, costs, and expenses (including attorneys' fees) in connection with:

(a) Your use of, or connection to, Our Website;

(b) Any use or alleged use of Your account or Your account password by any person, whether or not authorized by You;

(c) The content of information submitted by You to Us;

(d) Your violation of the rights of any other person or entity;

(e) Your violation of any applicable laws, rules, or regulations.

10.2. We reserve the right, at our own expense, to assume defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with us in defence of such claim.

11. LIMITATION OF LIABILITY

11.1. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY APPLY TO YOU IN LESSER EXTENT. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY COMPANIES OR AFFILIATES IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE LIMITED UNDER SUCH STATE LAW.

11.2. In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, health issues, sickness, physical problems, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. In no case shall we be liable for any recommendations, health claims, statements, or any other advice or information provided on the Website or any other forms of communication. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

11.3. If You are dissatisfied with the Website, any materials, products, or services displayed on the Website, or with any of the Website’s terms and conditions, your sole and exclusive remedy is to discontinue using the Website.

12. INTELLECTUAL PROPERTY

12.1. With regards to these Terms, intellectual property rights mean such rights as trademarks, copyright, domain names, database rights, design rights, patents, and all other intellectual property rights of any kind whether or not they are registered ("Intellectual Property").

12.2. All Intellectual Property displayed on the Website or provided to You in any other form are protected by law. You may not copy, repurpose, or distribute any Intellectual Property or any other content received from us or found on the Website, including Product descriptions, for any purpose, without our express written permission. For example, you may not copy Product information onto any other website or app. Without limiting the foregoing, the use of our content for commercial purposes is forbidden unless you have our express written permission.

12.3. All Intellectual Property displayed on the Website or provided to you in any other form belong to us, except third-party trademarks, service marks, or other materials, which are used by us. None of such Intellectual Property may be used without the prior written consent of Us or the third party to whom such Intellectual Property belongs.

13. GOVERNING LAW AND DISPUTES

13.1. These Terms have been construed in accordance with EU laws regulating consumer rights. These Terms and the entire legal relation between you and us shall be subject to the law of the Republic of Lithuania, except in cases if the consumer relations regulating laws would set a specific applicable law or jurisdiction.

13.2. If the You would have any complaints please contact our support team before making an official complaint to any authority or third party. You may contact Us at any time by filling a contact form on the Website https://support.zymme-pillow.com/en/support/home. We will always put our best efforts to settle any complaints as fast as possible and in a way which would be most favorable to You.

13.3. If we are unable to reach an amicable settlement with You or if you have any other complaints about our goods or services, You may submit a request or complaint regarding your purchase to your local consumer protection agency or local courts. You can also fill out an Online Dispute Resolution form on the EGS portal at http://ec.europa.eu/odr, where you will also find useful information about your consumer rights and how to exercise them. Also, as we are a Lithuanian company you may contact State Consumer Rights Protection Authority (SCRPA) of the Lithuanian Republic (address Vilniaus g. 25, 01402 Vilnius, Lithuania, email: tarnyba@vvtat.lt, telephone 8 5 262 67 51, fax 8 5 279 14 66, website www.vvtat.lt) or you can also contact any territorial division of the SCRPA. You also have the right to appeal to a court of the Republic of Lithuania (according to the headquarters of the Provider) or other institutions considering consumer disputes in the out-of-court procedure.

14. MISCELLANEOUS

14.1. If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of service, such determination shall not affect the validity and enforceability of any other remaining provisions.

14.2. You can review the most current version of the terms of service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these terms of service by posting updates and changes to our Website.

14.3. These Terms and the Privacy Policy, the Returns Policy and any other policies on the Website (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement between You and Us.

15. CONTACT INFORMATION

You can contact us by the following

https://support.zymme-pillow.com/en/support/home

Phone: +1 (609) 318-3319