Términos del servicio

Terms of Service

Last updated: 20 August 2026

Welcome to ZomaModa. These Terms of Service ("Terms") govern your use of zomamoda.com and any purchase you make through it. The site is operated by Haritkumar Shantilal Kaklotar, trading as ZomaModa, Steinrader Weg 69, 23558 Lübeck, Germany ("ZomaModa", "we", "us", "our").

By browsing this site or placing an order, you agree to these Terms. If you do not agree, please do not use the site.

1. Overview and Acceptance

These Terms apply to all users of the site — browsers, customers, and contributors of content. They incorporate by reference our:

We may update these Terms at any time. The version in force at the moment you place an order is the version that governs that order. Continued use of the site after changes constitutes acceptance of the revised Terms.

2. Eligibility and Permitted Use

  • You must be at least 18 years old, or the age of majority in your jurisdiction, to place an order. Minors may use the site only with the involvement and consent of a parent or guardian.
  • You confirm that the information you provide at checkout is accurate and complete, and that you are authorised to use the payment method supplied.
  • You may not use our products or the site for any unlawful purpose, to violate any law in your jurisdiction, to infringe our or anyone else's intellectual property, to transmit malicious code, to scrape or harvest data, to interfere with the site's security, or to submit false or misleading information.

Breach of this section entitles us to terminate your access and cancel any outstanding orders.

3. Products, Accuracy, and Availability

3.1 Made to order

Every ZomaModa product is manufactured on demand by our print-on-demand fulfillment partner after you order. Nothing is held in stock. This is central to how our contract works and to the return terms in Section 8.

3.2 Product descriptions and images

We work hard to describe and photograph products accurately, but:

  • Colours vary between screens. Monitor calibration, display technology, and lighting mean the shade you see may differ slightly from the finished item. Colour variation of this kind is not a defect.
  • Print placement has a natural tolerance. Because items are printed individually, small variations in print position (typically within ±1 cm) are inherent to the process and are not a defect.
  • Garment measurements have a manufacturing tolerance, usually within 2–3 cm, consistent with standard apparel industry practice.
  • Product weights, fabric compositions, and dimensions are provided by the garment manufacturer and are approximate.

We do not warrant that descriptions, images, or other content are entirely error-free. Where an obvious error affects a material characteristic of a product you have ordered, we will contact you and offer to amend or cancel the order.

3.3 Availability

We may limit quantities, discontinue designs or products, or restrict sales to any person, region, or jurisdiction, at our discretion and without liability.

4. Pricing, Currency, and Taxes

  • All prices are shown in the currency selected at checkout and are subject to change without notice until an order is placed.
  • Displayed prices include applicable VAT for consumers where required by law; the exact tax treatment is shown at checkout.
  • Currency conversion: where prices are shown in a currency other than our base currency, the amount displayed is an estimate based on prevailing exchange rates. The final amount charged is determined by your bank or card issuer and may differ slightly. Foreign transaction fees charged by your bank are your responsibility.
  • Import duties and destination taxes for international orders are the recipient's responsibility — see our Shipping & Delivery Policy.
  • Shipping costs are calculated and displayed at checkout before you pay.

4.1 Pricing errors

If a product is listed at a manifestly incorrect price due to a technical or human error, we reserve the right to refuse or cancel the order, even after order confirmation. Where payment has been taken, we refund in full. We will always contact you first.

5. How a Contract Is Formed

  1. Adding items to your cart and proceeding to checkout constitutes an offer to purchase.
  2. Our automated order confirmation email acknowledges receipt of your offer. It does not by itself constitute acceptance.
  3. The contract is concluded when we accept your order, which occurs at the earlier of (a) our sending you a shipping/fulfillment confirmation, or (b) the item entering production.
  4. We may decline an order — for example where payment is not authorised, the address cannot be served, stock at the fulfillment facility is unavailable, a pricing error has occurred, or we suspect fraud. Any payment taken is refunded in full.

Contract language: English. Text of the contract: we store your order data and will send it to you along with these Terms in text form by email. You can also view past orders in your account, where you have created one.

6. Payment

We accept the payment methods displayed at checkout, which include major credit and debit cards, Shop Pay, Apple Pay, and Google Pay. Available methods vary by region. Payment is captured at the time of order.

Payments are processed by third-party providers under their own terms and privacy policies. We do not store full card details. If a payment is reversed, charged back, or fails after fulfillment has begun, we reserve the right to suspend the order and recover amounts owed.

7. Order Modification and Cancellation

Because production begins quickly, our change window is short and firm.

  • Within 2 hours of placing your order: email support@zomamoda.com with the subject URGENT CHANGE — Order Number. If the item has not entered production, we will amend or cancel it and refund you in full.
  • After 2 hours, or once production has started: the order can no longer be changed or cancelled. This includes size changes, design changes, and address corrections.

We will always try to help, but once a garment has been printed for you specifically, it cannot be unmade.

8. Returns, Refunds, and Your Right of Withdrawal

Our full terms are set out in the Return & Refund Policy, which forms part of these Terms. In summary:

  • Damaged, defective, or misprinted items: free replacement or full refund, reported with photos within 30 days of delivery.
  • Lost parcels: free reship or full refund, claimed within 30 days of the estimated delivery date.
  • Change of mind or wrong size chosen: not returnable, because items are made to your specification.

8.1 Exclusion of the EU right of withdrawal

Under Article 16(c) of Directive 2011/83/EU (implemented in Germany as § 312g Abs. 2 Nr. 1 BGB), the 14-day right of withdrawal does not apply to contracts for the supply of goods that are made to the consumer's specifications or clearly personalised.

All ZomaModa products are produced on demand to the specifications you select at checkout. By placing an order you expressly acknowledge and agree that your right of withdrawal is excluded on this basis.

8.2 Statutory guarantee of conformity

This exclusion does not affect your statutory rights in respect of faulty or non-conforming goods, including the two-year legal guarantee of conformity under Directive (EU) 2019/771 and §§ 434 ff. BGB, or equivalent rights under the UK Consumer Rights Act 2015 and applicable US state law.

9. Intellectual Property

9.1 Our rights

All content on this site — including designs, artwork, illustrations, slogans, taglines, typography, product photography, lifestyle imagery, copy, page layouts, the ZomaModa name, and the ZomaModa logo — is the property of Haritkumar Shantilal Kaklotar (trading as ZomaModa) or its licensors and is protected by copyright, trade mark, and other intellectual property laws.

You are granted a limited, revocable, non-exclusive, non-transferable licence to view this content for personal, non-commercial purposes only.

You may not, without our prior written permission:

  • Reproduce, copy, or redistribute our designs or artwork in any form;
  • Print our designs onto any product, whether for sale, gift, or personal use;
  • Use our imagery or copy in your own marketing, listings, or social content beyond ordinary fair-use commentary;
  • Sell, resell, or commercially exploit any part of the site or its content;
  • Use our name, logo, or brand assets in a way that implies endorsement or affiliation;
  • Use any content to train, fine-tune, or otherwise develop machine learning or generative AI systems.

We enforce these rights, including through takedown requests and marketplace complaints.

9.2 Product purchases

Buying a product transfers ownership of that physical item. It does not transfer any rights in the design printed on it.

9.3 Content you submit

If you send us ideas, comments, photos, reviews, or suggestions ("Submissions"), you grant us a worldwide, royalty-free, perpetual, irrevocable, sub-licensable licence to use, reproduce, modify, publish, and display those Submissions in any medium, including in our marketing, without compensation or attribution obligation.

You warrant that your Submissions are your own, do not infringe third-party rights, and are not unlawful, defamatory, obscene, or abusive. We may remove any Submission at our discretion but are under no obligation to monitor them.

9.4 Notice of infringement

If you believe content on our site infringes your intellectual property, contact support@zomamoda.com with details of the work, the location of the alleged infringement, and a statement of your good-faith belief and authority to act.

The site may include links to and tools from third parties, provided "as is" without warranty. We do not control and are not responsible for third-party sites, content, or services, and your use of them is at your own risk and subject to their terms.

11. Disclaimer of Warranties

To the fullest extent permitted by applicable law, and without limiting the statutory rights of consumers described in Section 8.2:

  • The site and its content are provided "as is" and "as available".
  • We do not warrant that the site will be uninterrupted, timely, secure, or error-free, or that results obtained from it will be accurate or reliable.
  • We do not warrant that any product will meet your subjective expectations of fit, colour, or feel beyond conformity with its description.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be excluded.

12. Limitation of Liability

To the fullest extent permitted by law:

  • We are liable without limitation for damages arising from intent or gross negligence, from injury to life, body, or health, and under mandatory statutory provisions including product liability law.
  • For slight negligence, we are liable only for breach of a material contractual obligation (a "cardinal duty" — one whose fulfillment makes proper performance of the contract possible and on which you may routinely rely), and in that case only for foreseeable damage typical for this type of contract.
  • Except as set out above, our aggregate liability arising out of or in connection with any order shall not exceed the total amount you paid for that order.
  • We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or business interruption.
  • We are not liable for delays or non-performance caused by events beyond our reasonable control, including carrier failures, customs action, natural events, strikes, pandemics, war, or infrastructure and platform outages.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify and hold harmless Haritkumar Shantilal Kaklotar (trading as ZomaModa), his, employees, and suppliers from any claim or demand, including reasonable legal fees, arising out of your breach of these Terms or your violation of any law or third-party right. This does not apply to consumers acting outside their trade, business, or profession, to the extent such an indemnity would be unenforceable.

14. Data Protection

Your personal data is processed in accordance with our Privacy Policy, which forms part of these Terms.

15. Governing Law and Dispute Resolution

15.1 Governing law

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Where you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence.

15.2 Jurisdiction

Where you are a merchant, a legal person under public law, or a special fund under public law, the exclusive place of jurisdiction is Lübeck, Germany. Consumers may bring proceedings in the courts of their place of residence, and we will bring any claim against a consumer in those courts.

15.3 Consumer dispute resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle) pursuant to § 36 VSBG.

The European Commission's Online Dispute Resolution platform ceased operation on 20 July 2025 and Regulation (EU) No 524/2013 has been repealed, so there is no longer an ODR platform to refer you to.

We would always rather resolve things with you directly. Write to support@zomamoda.com first and we will do our best to put it right.

16. General Provisions

  • Severability. If any provision is found unenforceable, it is severed to the minimum extent necessary and the remaining provisions stay in force.
  • No waiver. Our failure to enforce any right does not waive that right.
  • Entire agreement. These Terms and the policies referenced in them constitute the entire agreement between us regarding your use of the site, superseding prior communications.
  • Assignment. You may not assign your rights under these Terms. We may assign ours in connection with a merger, acquisition, or sale of assets.
  • Termination. These Terms remain effective until terminated by either party. We may terminate at any time for breach; obligations incurred before termination survive it.
  • Ambiguity. Ambiguities are not construed against the drafting party.

17. Contact

Haritkumar Shantilal Kaklotar, trading as ZomaModa Steinrader Weg 69, 23558 Lübeck, Germany Email: support@zomamoda.com

Related: Return & Refund Policy · Shipping & Delivery Policy · Privacy Policy · Legal Notice