Terms and Conditions

Last Updated: January 2025

 

Welcome to MaisonZifan. By accessing or using our website and services, you agree to the terms outlined below. Please read them carefully. If you do not agree with any part of these terms, you may not access or use our services.

1. Overview

This website is operated by Zifgan, LLC DBA MaisonZifan, 418 Broadway STE R Albany, NY 12207 (MaisonZifan). Throughout the site, the terms “we,” “us,” and “our” refer to MaisonZifan. We offer this website, including all information, tools, and services available, conditioned upon your acceptance of these Terms of Service (“Terms”). These Terms apply to all users, including browsers, vendors, customers, merchants, and contributors of content.

By visiting our site or purchasing from us, you engage in our “Service” and agree to these Terms, including all policies referenced herein.

TO THE FULLEST EXTENT PERMITTED BY LAW, BY USING THE SERVICE, YOU AGREE TO RESOLVE DISPUTES WITH US THROUGH INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. PLEASE REFER TO THE DISPUTE RESOLUTION SECTION BELOW FOR FURTHER DETAILS.

 

2. Definitions

“Service” refers to the website, e-commerce platform, and any related tools or resources.

“User” refers to any individual accessing the website or services.

“Products” refer to items available for purchase through our website.

 

3. Updates to These Terms

We reserve the right to update or modify these Terms at any time. Any changes will be posted on this page, and the "Last Updated" date will be revised accordingly. It is your responsibility to review these Terms periodically to stay informed of any updates. Your continued use of our Website or Services after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must discontinue use of our Website and Services immediately.

4. Online Store Terms

By agreeing to these Terms of Service, you confirm and agree to the following:

• You are at least the age of majority in your jurisdiction or, if under the age of majority but at least 16 years old, you have obtained explicit consent from a parent or legal guardian. In any case, individuals under the age of 16 are not permitted to use our Website or Services without parental or guardian consent.
• You will use our products and services only for lawful purposes and in compliance with all applicable laws and regulations.
• You will not upload, share, or transmit any malicious code, viruses, or other harmful content that could damage or disrupt our Website, Services, or other users.
• You will adhere to all provisions outlined in these Terms of Service, including refraining from any prohibited uses specified herein, such as unlawful activities, infringement of intellectual property rights, spamming, or any actions that could interfere with the proper functioning of our Website or Services.

Failure to comply with these Terms, including engaging in prohibited uses or misrepresenting eligibility, may result in suspension or termination of your access to our Website, Services, or products, at our sole discretion.

 

5. Rights and Data Handling

 

• Right to Refuse Service: We reserve the right to refuse service to any individual or entity, for any reason, at any time, at our sole discretion.
• Transmission of User Content: By using our Website or Services, you acknowledge and agree that certain user content—excluding payment information—may be transmitted over various networks in an unencrypted format. This includes transmissions involving adjustments to conform and adapt to technical requirements of connecting networks or devices.
• Payment Security: All credit card information is encrypted during transmission using industry-standard encryption protocols to ensure the security of your financial data. We prioritize protecting your payment information against unauthorized access during transfer.

Your use of our Website constitutes your understanding and acceptance of these terms.

 

6. Accuracy of Information

We strive to provide accurate, up-to-date, and reliable information on this site; however, we do not warrant or guarantee the accuracy, completeness, or timeliness of any content. Any reliance on the information, materials, or resources provided on this site is strictly at your own risk. The content is provided "as is" and may include typographical errors, inaccuracies, or omissions. Furthermore, any historical information made available is for reference purposes only and should not be interpreted as current or actionable data. It is your responsibility to verify the information before making decisions based on it.

7. Intellectual Property

7.1 Maison Zifan, as well as its affiliates and licensors, retain sole and exclusive ownership of all rights, title, and interest in and to our Website, Services, and all associated content. This includes, but is not limited to, text, audio, photographs, images, illustrations, renderings, drawings, research, reports, graphics, charts, logos, widgets, gadgets, applets, other applications, videos, and all other materials collectively referred to as “Site Content.” This also encompasses the design, look and feel, organization of our Website and Services, as well as the compilation of all Site Content. All copyrights, trademark rights, patent rights, and other proprietary or intellectual property rights in these elements are protected under applicable laws. Use of our Website and Services does not confer upon you any ownership or title to the Site Content or any other part of our Website or Services.

All trademarks displayed on our Website, including Maison Zifan, logos, service marks, and trade dress, are the property of Maison Zifan or third parties. These trademarks may not be used without prior written consent from the respective owner. Nothing on our Website should be interpreted as granting, whether by implication, estoppel, or otherwise, any license or right to use any trademark, logo, service mark, or trade name without explicit written authorization. The appearance of third-party trademarks on our Website does not imply endorsement of those third parties or their products by Maison Zifan, nor does it imply their endorsement of Maison Zifan or its offerings.

7.2 Except as expressly permitted, no part of the Site Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means without prior written consent. Subject to these Terms of Service, Maison Zifan grants you a limited, non-exclusive, non-transferable license to access, view, and use our Website, Services, and Site Content for personal, non-commercial purposes (or for wholesale accounts, as applicable). This includes electronically copying or printing portions of our Website solely for placing orders or using our Website as a shopping resource.

7.3 Any other use of our Website, Services, or Site Content—including reproduction, modification, distribution, republishing, transmission, display, performance, or any use involving data mining, robots, or similar tools—is strictly prohibited without prior written permission from Maison Zifan.

 

8. Pricing and Service Modifications

All prices are subject to change at any time and without prior notice. We reserve the right, at our sole discretion, to modify, suspend, or discontinue any products, services, or features offered through our Website, either temporarily or permanently, without prior notice. We shall not be liable to you or any third party for any price changes, service modifications, suspensions, or discontinuations.

 

9. Products and Services

 

• Availability and Returns: Some products may be available in limited quantities and are subject to return or exchange only in accordance with our Return Policy. Please review the policy for full details.
• Product Display: We strive to accurately display product colors and features; however, due to differences in screen settings and devices, the colors you see may not precisely match the actual product.
• Sales Limitations: We reserve the right to limit product sales based on jurisdiction, customer eligibility, or order quantity, at our sole discretion. This includes restricting purchases to comply with legal or logistical requirements.

 

10. Billing and Account Information

You agree to provide accurate billing and account information. Updates to your information, including email and payment details, are your responsibility.

 

11. Optional Tools

We may provide access to third-party tools without oversight or warranties. Use of these tools is at your own risk.

 

12. Third-Party Linked Sites

Our website may include links to third-party websites, applications, or resources. These links are provided for convenience and may direct you to external sites not controlled or operated by us. We do not endorse or guarantee the content, services, goods, or information provided on these third-party platforms and are not responsible for their accuracy, availability, or changes. We assume no liability for the actions or content of third parties or their platforms, which are not governed by our Terms of Service or Privacy Policy. Users are advised to review the terms and privacy policies of any linked third-party sites or resources before engaging with them.

13. User Submissions

By submitting feedback, reviews, comments, photographs, videos, or other content (collectively, "Submissions"), you grant us a non-exclusive, perpetual, irrevocable, worldwide, transferable, and sublicensable license to use, reproduce, modify, display, distribute, and otherwise exploit your Submissions in any medium, with or without attribution.

 

You represent and warrant that:

• Your Submissions are original and you own all rights to them.
• Your Submissions do not infringe on any third-party rights, including copyright, trademark, patent, trade secret, privacy, or publicity rights.
• Your Submissions do not contain false, defamatory, vulgar, harassing, obscene, abusive, or otherwise unlawful material.
• Your Submissions do not include private or personally identifiable information about any third party without proper authorization.
  
  

We reserve the right to edit, remove, or refuse any Submissions at our sole discretion if they violate these Terms or are otherwise objectionable. Submissions are not confidential, and we are not obligated to compensate you for their use. Additionally, we may share Submissions with legal authorities if required by law or deemed appropriate.

 

14. Privacy

Your submission of personal information is governed by our Privacy Policy.

 

15. Right to Correct Errors

We reserve the right to correct any errors, inaccuracies, or omissions on our site at any time, including pricing, descriptions, or availability, without prior notice. This includes the right to update or amend information and, if necessary, to cancel any orders affected by such errors, inaccuracies, or omissions, even after an order has been submitted. If your order is canceled, we will notify you promptly and provide a full refund, if applicable.

 

16. Prohibited Uses

Users are strictly prohibited from:

• Engaging in unlawful, abusive, or fraudulent activities, including violating any local, state, federal, or international laws.
• Accessing or attempting to access our Website, Services, or associated systems without authorization, including through hacking, password mining, or other illicit means.
• Transmitting any harmful code, including viruses, worms, or Trojan horses, or engaging in any activity that disrupts or interferes with the proper functioning of our Website or Services.
• Violating our intellectual property or proprietary rights or those any third party, including uploading, sharing, or transmitting infringing, defamatory, obscene, or unlawful content.
• Spamming, phishing, or using automated tools to scrape, crawl, or index content or data from our Website.
• Overloading, disabling, or impairing our Website or Services, or interfering with any other user's experience or lawful use.
• Impersonating others, creating false accounts, or engaging in fraudulent transactions.
• Promoting illegal activities, harassment, or harm toward individuals or groups.
• Misusing our Website or Services for commercial purposes, chain letters, pyramid schemes, or unauthorized advertising.

Violations may result in account termination and legal action.

17. Disclaimers

17.1 Our Website and Services are provided on an "as is" and "as available" basis, without any warranties, express or implied, including but not limited to implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement.

17.2 We do not guarantee that our Website or Services will meet your expectations, operate uninterrupted, or be secure, timely, accurate, or error-free. Data transmission over the Internet involves risks, and we are not liable for delays, errors, or failures in data transmission, storage, or delivery.

17.3 We disclaim responsibility for disruptions caused by factors beyond our control, including but not limited to telecommunications failures, technical malfunctions, natural disasters, acts of government, strikes, pandemics, or cyberattacks. Temporary unavailability due to maintenance or unforeseen issues is also possible.

17.4 While we implement security measures to protect data, we make no guarantees about their sufficiency and disclaim liability for damages resulting from breaches or technical failures. You are responsible for evaluating the reliability and security of information on our Website and making decisions accordingly.

18. Disclaimer of Warranties and Limitation of Liability

The Services are provided on an "as is" and "as available" basis, without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or any guarantee of availability, accuracy, or reliability.

We expressly disclaim any liability for indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or in connection with your use of the Services. This limitation applies regardless of the form of action, whether in contract, tort, or otherwise, and even if we have been advised of the possibility of such damages.

Your sole remedy for dissatisfaction with the Services is to discontinue use.

 

19. Indemnification

You agree to indemnify, defend, and hold us, our affiliates, officers, directors, employees, agents, and licensors harmless from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your breach or violation of these Terms of Service.
• Your misuse of our Website, Services, or Site Content.
• Your violation of any applicable law, regulation, or the rights of a third party.

This obligation will survive the termination of your use of our Website and our Services.

 

20. Governing Law and Dispute Resolution

20.1 Governing Law These Terms of Service are governed by the laws of the State of New York and applicable federal laws, without regard to conflict of law principles. Any disputes arising out of or related to these Terms of Service shall be resolved as described below.

20.2 Pre-Arbitration Resolution Before initiating arbitration, either party must send a written notice of the dispute to the other via email with delivery confirmation. The notice must describe the nature of the dispute and the relief sought. The parties will then attempt to resolve the dispute through negotiation in good faith within 30 days of receiving the notice. If the dispute remains unresolved, either party may commence arbitration.

20.3 Arbitration Unresolved disputes will be settled through binding arbitration administered by the American Arbitration Association (AAA), under its rules and procedures. Arbitration may occur in New York or via video conference, at our choice. By agreeing to arbitration, both parties waive the right to a jury trial or to participate in class actions. The arbitrator can award the same relief as a court and will provide a reasoned written decision. All proceedings and information exchanged will remain confidential, except as required by law.

20.4 Exceptions This arbitration agreement does not preclude: 1. Seeking injunctive relief in aid of arbitration from a court of competent jurisdiction. 2. Filing an individual claim in small claims court for applicable disputes.

20.5 Arbitration Costs The claimant will pay the initial administrative fee according to the AAA’s fee schedule. For claims under $15,000, arbitration will proceed based solely on documents submitted, unless otherwise agreed. If a claim is found frivolous, the claimant must reimburse all fees paid by us. The arbitrator may allocate fees and expenses and grant remedies consistent with applicable law.

20.6 No Class Actions All claims must be brought individually. No class actions, consolidation of claims, or representative proceedings are permitted. The arbitrator may not award class-wide relief.

20.7  Enforceability If the class action waiver is deemed unenforceable, this entire dispute resolution section will be unenforceable, and disputes will be resolved in the courts of New York.

20.8 Jurisdiction If arbitration is found inapplicable, disputes will be subject to the exclusive jurisdiction of the state or federal courts located in New York, USA.

21. Force Majeure

We are not responsible for delays or failures due to events beyond our control, including natural disasters or acts of government.

22. Assignment of Terms

We reserve the right to assign these Terms of Service, at any time, to a subsidiary, parent company, or a successor entity in the event of a merger, consolidation, or sale of all or a substantial portion of our business. Conversely, you are not permitted to assign or transfer your rights or obligations under these Terms of Service without our prior written consent.

 

23. Accessibility

We strive to meet accessibility standards and welcome feedback to improve access for individuals with disabilities.

 

24. Contact Us

For questions about these Terms, please contact us at info@maisonzifan.com