Terms of Service
ZAM E-Commerce Shop Terms of Sale
Last Updated: May 26, 2021
This ZAM Terms of Sale (these “Terms of Sale”) is a binding contract between you, an individual user (“you”) and ZAM Network, LLC (“ZAM,” “we,” or “us”) governing your use of the e-commerce shops and services made available by ZAM through our Websites located at zam.com.
By placing an order on the Wowhead Shop at www.wowheadshop.com or the Fanbyte Shop at https://store.fanbyte.com/ (each, a “Shop”, and collectively, the “Shops”), you agree that these Terms of Sale apply to your order and purchase of Merchandise (defined below) from the Shops. These Terms of Sale are governed by, and are hereby incorporated by reference into, the ZAM End User License Agreement and Terms of Service (“EULA”) located at https://corp.fanbyte.com/legal/terms. All capitalized terms used but not defined in these Terms of Sale will have the meaning given to them in the EULA. In the event of a conflict between these Terms of Sale and the EULA, with respect to the Shops and purchase of Merchandise, these Terms of Sale will govern.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS OF SALE YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND ZAM THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 15 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
Merchandise. Any order for merchandise or products placed through the Shops is an offer to purchase such merchandise or products (“Merchandise”) on the terms and conditions listed in these Terms of Sale. ZAM will be deemed to have accepted your offer upon the earlier of: (a) receipt by you of a confirmation from ZAM that specifically references your order; and (b) ZAM shipping you the Merchandise (“Acceptance”). ZAM reserves the right not to Accept your order at its discretion, including but not limited to, if ZAM is unable to obtain authorization for payment, shipping restrictions apply to a particular item, an item ordered is out of stock, an item is withdrawn due to quality concerns.
Payment. Before you are required to pay for Merchandise, you will have an opportunity to review and accept the amount that you will be charged. ZAM, through its designated third party payment processor, will charge the payment method you specify at the time of your order. You hereby authorize ZAM and its third party payment processor to charge all sums described in your order to that payment method. Pre-authorization of your credit card account may be sought prior to your purchase to verify that your credit card is valid and has the necessary funds or credit available to cover your purchase.
Price. All prices are in U.S. Dollars unless otherwise indicated and are non-refundable, except as set forth in our Return Policy in Section 7. The pricing for Merchandise sold on the Shops are as stated on the respective Shop page(s). ZAM may change the price for Merchandise at any time, whether as a result of fluctuations in commodity prices or otherwise, but no price change will apply to an order that you have already placed. ZAM, at its sole discretion, may make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will have no bearing whatsoever on the pricing for Merchandise made available to you via the Shops or any order(s) you have already placed.
ZAM tries to ensure pricing details on the Shops are accurate. If ZAM discovers an error in the pricing of Merchandise in your order, ZAM will let you know as soon as possible. ZAM is under no obligation to accept or otherwise fulfill an order for Merchandise that was advertised at an incorrect price, and reserves the right to reject those orders. If you have already paid for that Merchandise, ZAM will refund the full amount paid by you.
Shipping. Prices for Merchandise do not include shipping fees. Fees for shipping will be added to the cost of the Merchandise and charged to your payment method. Title and risk of loss to the Merchandise passes to you upon ZAM’s delivery of the Merchandise to the first common carrier. ZAM will ship the Merchandise to the address as indicated by you during the checkout process. We will package Merchandise in accordance with our standard practice.
We may make deliveries in installments, if necessary and applicable, with appropriate partial invoicing issued for each such installment. You acknowledge that all scheduled shipment dates are estimates only. ZAM will make reasonable efforts to meet the scheduled shipment dates, but in no event will ZAM be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery..
ZAM will accept orders only from billing and shipping addresses located within the United States, or such other countries as ZAM may in its sole discretion permit from time to time. Without limitation to Section 5 below, customers outside of the United States are solely responsible for any and all import duties, customs fees, and taxes that attach to any orders thereto.
Taxes. All prices are exclusive of sales, use, excise, customs, export, import, commodity, applicable local, city, and state taxes, and any other taxes. Such taxes or other charges incidental to the sale of Merchandise, are your responsibility and you agree to pay these taxes and fees. Depending on the order, the applicable tax may be added to your order and charged to your payment method. If ZAM is required to prepay any taxes on your behalf, you agree to promptly reimburse us for all such taxes paid.
Technical Assistance. Except as provided for in a separate signed agreement or as expressly stated in an order, we will not be obligated to provide technical advice, assistance, support or service in connection with any order or the Merchandise supplied thereunder.
Return Policy. ZAM will accept returns of Merchandise for up to no more than thirty (30) days after your receipt of that Merchandise. You must return the eligible Merchandise, at your sole expense, in new and unused condition, along with all parts and documentation that were initially included. This return policy does not affect any statutory rights that may apply, and which ZAM may exercise, with respect to your purchase. ZAM is not responsible for lost or damaged Merchandise in transit.
Merchandise Availability and Information. Merchandise availability on the Shops is not guaranteed and Merchandise may be low in stock or out of stock. We reserve the right to limit the quantities of any Merchandise that we offer. If Merchandise is not available by the time your order processes, ZAM will notify you of this via email or through the Shops. You can always verify availability by contacting ZAM through https://help.zam.com. You will receive a shipping confirmation email once your items have shipped. Please note that while ZAM tries to display the colors of Merchandise as accurately as possible, the actual colors of the Merchandise that you receive may be different from what you see on your screen. All descriptions of Merchandise or Merchandise pricing are subject to change at any time without notice to you, in our sole discretion. We reserve the right to discontinue any Merchandise at any time.
Product Changes. We may, at any time and without notice to you, change the Merchandise in any way that does not adversely affect the form, fit or function of the Merchandise in any material respect. If you at any time direct changes or cause ZAM to make changes to the Merchandise, or drawings or specifications of the Merchandise, or otherwise wish to change the scope of an order, we may terminate an order with respect to the Merchandise affected by such changes or reasonably change the time for performance or the price of the Merchandise to take into account your desired changes.
Delinquent Accounts. ZAM may charge, and you must pay, fees or charges that are incidental to any chargebacks or collection of unpaid amounts for Merchandise ordered by you, including collection fees.
Cancellation; Default. If you fail to pay in accordance with these Terms of Sale or any order, or fail to comply with any other provision of these Terms of Sale or any order, we may suspend or cancel any order as to unshipped portions of the Merchandise, and you will remain liable for any shipped Merchandise. You may cancel your order up to a reasonable amount of time after placing the order, to the extent such order has not been processed or the relevant Merchandise shipped, but in no event beyond three (3) days after placing such order.
By linking or otherwise displaying information from or providing access to any Third Party Sellers, ZAM does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, products, or services provided by those Third Party Sellers. ZAM disclaims any and all responsibility or liability for any harm resulting from your use of Third Party Sellers, and you hereby irrevocably waive any claim against ZAM with respect to any Third Party Sellers.