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HOME   》  TERMS AND CONDITIONS

TERMS AND CONDITIONS

I. GENERAL

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This Agreement contains all the terms and conditions governing your rental or purchase of items from ZYX Studios under by Ezar Co Design Group via website, ezarcodesign.wixsite.com/zyxstudios from time to time. You agree that your use of our website and the services, other than rental/purchase orders as set forth in this Agreement, is subject in all respects to our website Terms and Conditions of Use and our website Privacy Policy, as such terms may change from time to time. No other terms or conditions shall have any force or effect. You agree and acknowledge that if you are renting the items (not purchasing) and that ownership of the items remains with ZYX Studios. Our items may be rented for use by individuals under 18 years of age, but we allow the transaction only to adults, who may rent the items with a bank account. By clicking the “Place Order” button or "Checkout" button, You represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, bank account) for the purpose of renting the items as described herein.

 

II. ADULT AGREEMENT REQUIRED

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Children under the age of 13 may not use the website and parents or legal guardians may not agree to the website Terms and Conditions on their behalf. Children under 18 years of age but at least 13 years of age, may use the website under the supervision of parents or legal guardians who agree to be bound by the website Terms and Conditions of Use on their behalf. If you are a parent or legal guardian agreeing to the Terms and Conditions of this Agreement (including the website Terms and Conditions and Privacy Policy) for the benefit of a child between the ages of 13 and 18, You are fully responsible for his or her use of the website and the services, and the rental of any items, including all legal liability he or she may incur.

 

III. MONEY BACK GUARANTEE AND RENTAL FEES

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All rental fees indicated per items are already fixed. We do not accept bargains. All rental items are money back guarantee. Once you return the items that meets our website Return Policy and Section VIII (3) of this Agreement, you can withdraw the deposited amount from the price of each for-rent item. But, once the items couldn't return on time and doesn't acquire our website Return Policy and Section VIII (3) of this Agreement, the money back guarantee will be automatically discarded. See Section VIII (3) below.

 

IV. SPAN OF THE RENTAL

 

Span of the rental could be a minimum of 2-3 days and maximum of 2 months. More than 3 days, charges are applied depends on how long would it take for rental. Once we haven't received the items on the agreed date of return, the guarantee of items are automatically voided for money back.

 

V. ORDER CONFIRMATION AND DELIVERY/PICK-UP TIME

 

Please ensure that the contact information specified upon check-out is correct and indicate the date needed on the "Add Note" section on the check-out page. Once we received your order, we will contact you to reconfirm your order and determine the details regarding the availability of the items and the possible delivery/pick-up date and time.

 

VI. CANCELLATION POLICY

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You can request to cancel your order at least 24 hours before it's shipped. If your payment for your order has been successfully processed, you will receive a full refund upon your cancellation. All refunds will be processed within 3-5 days from the date of the order was cancelled. 

 

VII. OUR COMMITMENTS TO YOU

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  1. Delivery to You. We will deliver the rental or purchase items you ordered, including the specified size, color and design, between 10 and 15 days from the date of payment was received, except to the extent we informed you in connection with your order that the specific rental or purchase item was not guaranteed. Rental or purchase items may appear different in color and style than the photos displayed on our website. Our liability to you for failure to do deliver the rental or purchase item as ordered is limited to the timely delivery of rental or purchase item as ordered or a refund of the Rental Fee/Purchase Price (excluding delivery charges) as determined by us. See Section VII below.

  2. On Time Guarantee. Our on time delivery guarantee is based on standard weather conditions. If a delivery date is missed due to extreme weather conditions that do not allow third party delivery companies to make delivery, ZYX Studios is not responsible.

  3. Delivery. The shipping method used will be at the discretion of ZYX Studios. The rental items will be cleaned and ready to use. Use of the product is at your own risk and ZYX Studios shall not be held liable for any misuse or any health-related complaints associated with a product rented from our site.

  4. Return Packaging. Buyers are responsible for the return shipping costs. Also you are subjected to agreed with our Return Policy.

  5. Services. On our website, we offer various services to assist you in selecting a rental item. Our services are provided “AS IS” without guarantee as to results.

  6. Misuse: Our Commitments do not extend to any losses or damages due to misuse, accident, abuse, neglect, negligence, unauthorized modification or alteration, use beyond rated capacity, unsuitable environmental conditions, improper installation, repair, handling, maintenance or application or any other cause not the fault of ZYX Studios.

 

VIII. YOUR COMMITMENTS TO US

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  1. Receipt of the Rental Products. Upon delivery, you bear responsibility for the rental item(s). You acknowledge that a Secure Shipping Address (defined herein) is highly recommended. A Secure Shipping Address is defined as a location where an individual can physically receive item(s). In the event that an unsecured shipping address is provided, ZYX Studios does not bear liability for items left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which ZYX Studios is not to be held liable, but you will be held liable.

  2. Selection of the Rental Item. The selection of the Rental Item is at your discretion as only you know the exact circumstances and conditions this rental item will be used. You bear ultimate responsibility for such decisions.

  3. Use of the Rental Items. You agree to treat the Rental Items with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the rental items due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. If you return a rental item that is damaged beyond normal wear and tear, then you agree that we discard your money back guarantee for the rental items as determined on Section III. You agree to be responsible for all damages due to misuse, accident, abuse, neglect, negligence, unauthorized modification or alteration, use beyond rated capacity, unsuitable environmental conditions, improper installation, repair, handling, maintenance or application done during your possession.

  4. Return of the Rental Items. Return of the Rental Items will be accomplished by you by placing the rental items for shipping/delivery at any shipping courier (such as LBC, JRS, etc.) or companies that accepting one-day delivery (such as Grab Express, Lalamove, etc.) and dropping it off at our location. Just inform us through email that you will return the rental items and we will send you the details regarding the dropping off location. You will be responsible for returning the item at your own expense, and providing ZYX Studios with a tracking number or link.

  5. Removal. We reserve the right to terminate your right to rent items from us at any time in the event of your breach of this Agreement or for no reason or any other reason in our discretion.

 

IX. DETAILS ON OUR COMMITMENT TO YOU

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  1. Limited Assurance. The limited assurance set forth in Section VII apply only to you, may be acted upon only by you, and may not be assigned, sold or transferred to any third party. No warranties are granted other than as set forth in Section VII. Our assurance herein shall not apply to any matters arising from violation of your commitments set forth in Section VIII of this Agreement.

  2. Remedies. Your sole and exclusive remedy, and ZYX Studios’ sole and exclusive liability for a breach of ZYX Studios’ limited assurance shall be at ZYX Studios’ option. ZYX Studios’ options shall be limited to replace the non-conforming item in a timely manner, repair the non-conforming item, or a refund of your purchase fee (excluding insurance and delivery charges).

  3. Disclaimers. THIS LIMITED ASSURANCE IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO THE PRODUCTS, THE SERVICES RELATED THERETO OR THE USE OR RESULTS OF THE PRODUCTS OR SERVICES.

 

X. LIMITATION OF LIABILITY

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  1. No Indirect Damages. IN NO EVENT SHALL ZYX STUDIOS (OR ITS SUPPLIERS OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING OUT OF THE PRODUCTS OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ZYX STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

  2. Limited Direct Damages. ZYX STUDIOS (AND ITS SUPPLIERS’ AND LICENSORS’) AGGREGATE LIABILITY ARISING OUT OF PRODUCTS AND SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE APPLICABLE RENTAL FEES PAID BY YOU FOR THE APPLICABLE PRODUCT AND/OR SERVICE.

  3. Use of Results at Your Risk. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM USE OF THE PRODUCTS DURING YOUR RENTAL PERIOD.

  4. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. This limited warranty gives you specific legal rights and you may also have other rights which vary from state to state.

 

XI. MISCELLANEOUS

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This Agreement constitutes the entire agreement between you and ZYX Studios with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings and undertakings with respect to the subject matter hereof. Modifications may be made only by ZYX Studios. We reserve the right to terminate or amend this Agreement at any time for any or no reason, effective upon notice to you of such termination or amendment. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. The Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines, excluding its conflicts of laws principles. You shall not assign this Agreement without ZYX Studios’ prior written consent. Termination of this Agreement will not relieve you of any payment obligations hereunder. Sections I, II, III, IV, V, VI, VII, VIII, IX and X shall survive this termination of this Agreement according to their terms. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. ZYX Studios shall not be liable for failure to perform any of its obligations hereunder by reason that are beyond its reasonable control, including, without limitation, fire, earthquake, interruptions in supply, other natural disaster, war embargo, and/or riots or acts of terrorism.

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In the event a dispute shall arise between the parties to this contract, it is hereby agreed that the dispute may be referred to a state or provincial office for arbitration in accordance with the applicable Philippine Arbitration and Mediation Rules of Arbitration at ZYX Studios discretion. If ZYX Studios decides to arbitrate, the arbitrator’s decision shall be final and legally binding and judgment may be entered thereon.

 

CLASS ACTION WAIVER: BINDING ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS YOU MAY NOT JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

 

XII. NOTICE TO THE CITIZENS OF REPUBLIC OF THE PHILIPPINES

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Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and Republic of the Philippines law generally. The provisions in these Terms do not apply to you and are not intended to vary, diminish or alter your rights under the Republic of the Philippines law: specifically, nothing in these Terms limits, varies, diminishes, affects, or otherwise voids or alters your rights under Philippine law as they relate to the following: limitations of liability or exculpation (such as limitations on indirect, incidental, special, exemplary, consequential or similar damages); dispute resolution; indemnification; venue or jurisdiction; statutes of limitation or repose periods for bringing claims;and plain language requirements. Your rights regarding these specific provisions will be governed by the Republic of the Philippines law. In the event of any conflict between these Terms and the Republic of the Philippines law, the Republic of the Philippines law shall govern.

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