Terms of service

These Terms of Service and Terms of Sale govern your access to and use of the Zicana Boutique website, products, services, quotes, communications, sales orders, invoices, payment requests, pickup documents, delivery documents, material releases, and transactions. By accessing the website, submitting an inquiry, requesting a quote, approving a quote, placing an order, submitting payment, authorizing release, arranging pickup, accepting delivery, signing a pickup receipt, signing a packing slip, signing a delivery receipt, signing a bill of lading, receiving material, or otherwise proceeding with a transaction, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you may not use the website, request a quote, place an order, submit payment, arrange pickup, accept delivery, or purchase products or services from Zicana Boutique.

1. Eligibility

You must be at least 18 years of age to use this website, place an order, submit payment, approve a quote, or enter into any transaction with Zicana Boutique. By using this website or proceeding with a transaction, you represent and warrant that you are at least 18 years old and legally capable of entering into a binding contract.

2. Acceptance of Terms

These Terms apply to all visitors, users, customers, purchasers, property owners, trade professionals, designers, architects, builders, contractors, fabricators, installers, receivers, agents, representatives, and any other person or entity accessing the website or engaging in a transaction with Zicana Boutique.

By placing an order, approving a quote, submitting payment, clicking to accept terms during checkout, authorizing release, arranging pickup, accepting delivery, signing any order document, or otherwise proceeding with a transaction, you agree that these Terms form part of the agreement between you and Zicana Boutique and are incorporated into every sale, order, quote, invoice, payment request, pickup, delivery, release, and transaction.

3. Incorporated Documents and Priority of Terms

Customer agrees that these Terms, the applicable quote, invoice, sales order, order confirmation, payment request, credit card authorization, ACH authorization, pickup document, delivery document, bill of lading, email approval, text approval, distributor release record, supplier release record, Refund Policy, Shipping Policy, Privacy Policy, and any other written transaction document issued or referenced by Zicana Boutique are incorporated into and form part of the transaction.

These Terms supplement any Zicana Boutique sales order terms, refund policy, shipping policy, privacy policy, accepted quote, invoice, payment request, pickup receipt, delivery receipt, bill of lading, and transaction specific document. If any provision conflicts, Zicana Boutique may enforce the provision that gives Zicana Boutique the greatest lawful protection, unless prohibited by applicable law.

4. Rejection of Customer Terms

Any customer purchase order, contractor form, builder form, designer form, internal company form, email memo, payment memo, or buyer generated document shall not modify, limit, replace, or override Zicana Boutique terms unless Zicana Boutique expressly agrees in writing through an authorized representative. No course of dealing, prior transaction, trade usage, verbal statement, or informal communication shall modify these Terms.

5. Orders, Approvals, and Purchase Obligations

All purchase orders, written approvals, email approvals, text approvals, payment authorizations, and customer instructions given to secure, reserve, procure, transfer, allocate, release, fabricate, modify, package, crate, ship, deliver, or make material available are binding.

Customer confirms that each order accurately reflects Customer’s selections, quantities, materials, finishes, sizes, pricing, pickup method, delivery method, shipping address, release location, and project requirements. All changes must be approved in writing by Zicana Boutique before they become effective.

No order is required to be released, shipped, delivered, transferred, picked up, fabricated, reserved, or processed until all required payments, signatures, approvals, and documents have been received by Zicana Boutique.

6. Order Acceptance

All orders are subject to acceptance by Zicana Boutique. Zicana Boutique reserves the right to refuse, limit, cancel, or reject any order at its sole discretion, including in cases of pricing errors, product availability issues, supplier issues, suspected fraud, unauthorized resale activity, inaccurate information, unpaid balances, chargebacks, payment concerns, or collection risk.

An order is not deemed accepted until confirmed by Zicana Boutique.

7. Pricing, Taxes, and Adjustments

Prices, specifications, availability, freight estimates, delivery estimates, lead times, slab sizes, lot availability, tariffs, taxes, supplier charges, transfer charges, fuel charges, carrier fees, customs costs, and related charges are subject to change until the order is accepted by Zicana Boutique.

Zicana Boutique reserves the right to correct clerical errors, typographical errors, pricing errors, description errors, product data errors, shipping errors, tax errors, and technical errors at any time before final acceptance of the order.

Customer is responsible for all applicable sales tax, use tax, local tax, shipping tax, delivery tax, governmental charges, tax adjustments, and tax liabilities arising from the transaction, unless a valid and accepted exemption certificate or resale certificate is provided before the transaction is processed. Tax shown on a quote, invoice, checkout page, or sales order may be recalculated based on applicable law, shipment location, pickup location, delivery location, nexus obligations, or tax rules in effect at the time of shipment, pickup, release, or invoicing.

8. Payment Terms

Payment is due according to the terms stated on the quote, sales order, invoice, checkout page, payment request, or written transaction document. Zicana Boutique may require full payment in advance, deposit payment, certified funds, wire transfer, ACH payment, credit card payment, or another secured payment method.

Customer agrees that all amounts due under any sales order, invoice, quote, payment request, pickup document, delivery document, or related transaction are valid commercial obligations.

Any unpaid balance shall accrue interest at the rate of 1.5 percent per month, or the maximum rate permitted by applicable law, whichever is less, beginning on the date payment becomes due and continuing until paid in full.

9. Payment Default

Customer is in default if Customer fails to pay any amount when due, disputes a valid charge, reverses payment, issues a stop payment, initiates a chargeback, dishonors payment, fails to complete payment, refuses delivery, fails to pick up material, fails to sign required documents, or otherwise breaches the transaction terms.

If Customer defaults, Customer shall be responsible for the unpaid balance plus all costs and expenses incurred by Zicana Boutique, including collection costs, investigation costs, administrative costs, court costs, arbitration costs, filing fees, service fees, marshal fees, sheriff fees, judgment enforcement costs, lien filing costs, asset search costs, debtor examination costs, subpoena costs, expert fees, reasonable attorney fees, and all other costs and expenses incurred to collect, enforce, preserve, or protect Zicana Boutique’s rights, to the fullest extent permitted by law.

10. Credit Card, ACH, Chargebacks, and Payment Reversals

By providing credit card, debit card, ACH, wire, or other payment information, Customer authorizes Zicana Boutique to process payment for the applicable order, invoice, balance, deposit, shipping charge, storage charge, fee, or other transaction amount.

Customer agrees not to initiate any improper chargeback, payment reversal, merchant dispute, stop payment, ACH reversal, credit card dispute, or bank dispute concerning any valid transaction, delivered material, released material, picked up material, accepted material, specially ordered material, or material made available for pickup or delivery.

If any payment is disputed, reversed, charged back, dishonored, returned, declined, or otherwise fails, Zicana Boutique reserves all rights and remedies available under law and equity, including the right to pursue the full unpaid amount and all related collection and enforcement expenses.

11. Delivery, Pickup, Will Call, and Material Release

Material may be delivered by Zicana Boutique, shipped by common carrier, shipped by freight carrier, released to a fabricator, installer, contractor, designer, builder, distributor, supplier location, slab gallery, freight terminal, transferred between locations, picked up in person by Customer, or picked up by Customer’s authorized representative.

Customer is responsible for confirming the correct delivery method, pickup method, release location, delivery address, receiving party, site access conditions, unloading equipment, jobsite readiness, appointment availability, pickup requirements, and receiving requirements.

For any customer pickup, will call pickup, distributor pickup, supplier pickup, slab gallery pickup, freight terminal pickup, fabricator pickup, installer pickup, contractor pickup, customer arranged freight, or third party pickup, title, custody, possession, inspection responsibility, and risk of loss transfer to Customer once the material is made available, released, signed for, loaded, removed from the pickup location, or accepted by Customer or Customer’s representative, whichever occurs first. Customer acknowledges that pickup and release may occur at locations not owned or operated by Zicana Boutique.

Customer’s authorized representative may include any fabricator, installer, driver, contractor, employee, agent, designer, builder, freight carrier, receiver, pickup party, or any person or company acting on Customer’s behalf. Any signature, pickup, release, removal, loading, delivery acceptance, email approval, text approval, photo approval, or video approval by Customer or Customer’s representative constitutes Customer acceptance.

12. Inspection and Acceptance

Customer and Customer’s representative must inspect all material before signing, loading, removing, transporting, cutting, fabricating, installing, sealing, modifying, or using the material.

A signed pickup receipt, signed release, signed packing slip, signed bill of lading, signed delivery receipt, text approval, email approval, photo approval, video approval, removal of material from the release location, loading of material, or pickup by Customer or Customer’s representative constitutes acceptance of the material in its released or delivered condition.

All visible damage, shortage, incorrect material, shade issue, size issue, finish issue, lot issue, batch issue, breakage, chip, crack, discrepancy, packaging issue, loading issue, or other nonconformity must be documented in writing before the material leaves the pickup location or before the delivery receipt or bill of lading is signed.

For delivered material, any concealed damage or discrepancy must be reported in writing within 48 hours of receipt, together with photographs, order number, delivery document, description of the issue, and all supporting information. Failure to report within the required time means the material is accepted as complete, conforming, and satisfactory.

A signed and unmarked delivery receipt, pickup receipt, packing slip, bill of lading, warehouse release, distributor release, supplier release, or freight terminal release constitutes acceptance of the material in the condition received. If Customer or Customer’s representative signs without noting visible damage, shortage, or discrepancy, Zicana Boutique may deny any later claim to the fullest extent permitted by law.

Installation, cutting, fabrication, modification, sealing, transport from pickup location, removal from warehouse, removal from supplier, removal from distributor, removal from freight terminal, or use of material constitutes full and final acceptance. No claim may be made after installation, cutting, fabrication, modification, sealing, or use.

13. Customer Arranged Freight and Transportation

If material is picked up in person by Customer or Customer’s representative at any Zicana Boutique location, distributor location, supplier location, warehouse, slab gallery, fabrication shop, freight terminal, carrier terminal, or other release location, Zicana Boutique is not responsible after pickup, loading, release, or removal for damage, loss, breakage, handling, loading, unloading, storage, transportation, improper securing, fabrication, installation, delay, labor, replacement, project interruption, or consequential costs.

Customer is responsible for using proper transportation, racks, straps, padding, clamps, equipment, labor, protection, handling procedures, and safety measures for slabs, large format porcelain, natural stone, quartz, sintered stone, tile, furniture, decor, fragile material, and heavy material.

Customer is responsible for ensuring that the pickup vehicle, driver, carrier, fabricator, installer, contractor, or other representative is qualified and equipped to safely receive, load, secure, transport, unload, store, fabricate, and install the material.

14. Slab and Large Format Delivery Requirements

For slab and large format deliveries, Customer or Customer’s representative must provide proper unloading conditions, including where applicable forklift, slab clamp, A frame, dock access, pallet jack access, sufficient labor, safe driveway access, jobsite access, and equipment required for safe unloading.

If the site is inaccessible, unsafe, unprepared, restricted, or missing required equipment, Customer is responsible for redelivery charges, waiting time, storage charges, carrier charges, additional labor charges, and related costs.

15. Delivery Dates, Lead Times, and Delays

Delivery dates, pickup dates, shipping dates, transfer dates, arrival dates, lead times, production dates, supplier release dates, and transit times are estimates only unless expressly guaranteed in writing by Zicana Boutique.

Zicana Boutique is not responsible for delays caused by supplier delays, quarry delays, factory delays, customs delays, container delays, freight delays, carrier delays, weather, labor disputes, strikes, port delays, border delays, acts of God, natural disasters, road conditions, equipment failures, production issues, product availability, force majeure events, customer delays, incomplete information, unpaid balances, missing signatures, payment holds, or circumstances beyond Zicana Boutique’s reasonable control.

Zicana Boutique is not responsible for delay damages, project interruption, liquidated damages, contractor charges, labor charges, idle labor, installation charges, removal charges, reinstallation charges, equipment charges, hotel charges, lost rent, lost profits, loss of use, business interruption, consequential damages, incidental damages, indirect damages, special damages, punitive damages, or any other job related costs arising from delay, shortage, damage, cancellation, nondelivery, pickup issue, supplier issue, carrier issue, product issue, or customer failure to inspect, receive, pay, or accept material.

16. Product Variation and Natural Material Disclosure

Natural stone, quartz, porcelain, sintered stone, tile, slabs, and related materials may vary in color, veining, movement, shade, texture, finish, pattern, thickness, size, calibration, flatness, warpage, lot, batch, mineral content, surface character, and overall appearance. These variations are inherent characteristics of the material and are not defects.

Samples, photographs, videos, showroom displays, supplier images, online images, renderings, digital layouts, virtual previews, prior shipments, and prior approvals are general representations only and do not guarantee an exact match.

Natural stone may include pits, fissures, veins, fills, resin, mesh backing, repairs, open veins, dry seams, mineral deposits, shade movement, tonal variation, surface variation, oxidation, fossil markings, chips, inclusions, and other natural characteristics. These are not defects unless expressly confirmed in writing by Zicana Boutique and accepted by the applicable supplier or manufacturer as a covered defect.

Quartz, porcelain, sintered stone, tile, and manufactured materials may vary by lot, batch, production run, finish, nominal size, edge condition, calibration, texture, and manufacturer tolerance. These characteristics are not defects unless expressly confirmed in writing by Zicana Boutique and accepted by the applicable supplier or manufacturer as a covered defect.

17. Customer Verification Responsibilities

Customer, installer, fabricator, contractor, designer, architect, builder, receiver, and property owner are solely responsible for verifying quantities, dimensions, measurements, field conditions, site conditions, intended use, suitability, substrate, installation method, layout, overage, fabrication requirements, code compliance, technical requirements, shade, finish, thickness, slab direction, bookmatch direction, lot numbers, batch numbers, and all project requirements before ordering, pickup, delivery, fabrication, cutting, sealing, installation, or use.

Zicana Boutique may provide estimates, takeoffs, layouts, square footage, freight estimates, product suggestions, slab recommendations, technical guidance, installer referrals, fabricator referrals, delivery suggestions, or general design assistance as a courtesy. Customer acknowledges that all such assistance is informational only and does not replace verification by Customer’s contractor, installer, fabricator, architect, engineer, designer, or other qualified professional.

Customer is responsible for ordering sufficient overage for cuts, breakage, future repairs, waste, pattern selection, layout preference, lot matching, shade matching, and project needs. Add on orders may not match the original order and may be subject to product unavailability, price changes, freight charges, handling charges, lead time changes, supplier charges, and lot or batch differences.

18. Special Orders, Custom Orders, and Final Sale Material

Special order material, custom order material, made to order material, reserved material, allocated material, procured material, transferred material, supplier sourced material, distributor sourced material, approved slab selections, customer selected material, fabricated material, cut material, modified material, refinished material, bundled material, nonstock material, discontinued material, final sale material, and material prepared specifically for Customer are final sale and may not be canceled, returned, exchanged, refunded, or credited unless Zicana Boutique expressly approves otherwise in writing.

Once sourcing, reserving, allocation, transfer, production, fabrication, cutting, finishing, packing, crating, shipping preparation, distributor release, supplier release, or fulfillment begins, the order may not be canceled unless Zicana Boutique approves cancellation in writing.

Any approved cancellation may be subject to restocking fees, supplier fees, distributor fees, freight charges, handling charges, crating charges, transfer charges, storage charges, merchant processing fees where recoverable, and all costs already incurred.

19. Returns, Cancellations, Exchanges, and Refunds

Eligible returns are limited to products that Zicana Boutique confirms in writing are returnable. Unless otherwise stated in writing by Zicana Boutique, most new, unopened, unused, uninstalled, uncut, unmodified, undamaged, and unaltered stock items may be considered for return within 14 days after delivery or receipt, provided the item is in the same condition that Customer received it, in its original packaging, and accompanied by proof of purchase.

No return will be accepted without prior written return authorization from Zicana Boutique. Items sent back without first requesting and receiving return authorization may be refused and will not be accepted.

Customer is responsible for return shipping, freight, handling, packaging, insurance, and any related return costs, unless Zicana Boutique determines in writing that the return is the result of Zicana Boutique error, such as shipment of an incorrect or defective item.

Approved returns of eligible stock items are subject to a 30 percent restocking fee, unless Zicana Boutique expressly waives or modifies the fee in writing.

Special order material, custom order material, made to order material, personalized items, reserved material, allocated material, procured material, transferred material, supplier sourced material, distributor sourced material, approved slab selections, customer selected material, fabricated material, cut material, modified material, refinished material, bundled material, nonstock material, discontinued material, final sale material, material picked up by Customer or Customer’s representative, material released to a fabricator, installer, contractor, distributor, supplier, warehouse, slab gallery, freight terminal, or third party carrier, and material prepared specifically for Customer are noncancelable, nonreturnable, nonexchangeable, and nonrefundable unless Zicana Boutique expressly approves otherwise in writing.

Order cancellations, including cancellations requested within any applicable 14 day cancellation period, may be subject to deductions for credit card processing fees, refund processing fees, merchant service fees, shipping charges, delivery charges, freight charges, handling charges, crating charges, transfer charges, supplier charges, distributor charges, storage charges, processing costs, and all other costs already incurred by Zicana Boutique in connection with the order. Credit card processing and refund processing fees may total up to 8 percent of the transaction amount and may be deducted from any refund to the fullest extent permitted by law.

Exchanges are not automatic. The preferred method is for Customer to request a return of the eligible item, obtain written return authorization, return the item in accordance with Zicana Boutique’s return requirements, and, once the return is accepted, place a separate purchase for the replacement item. Any replacement purchase is subject to current pricing, availability, freight, taxes, lead times, lot variation, batch variation, and applicable Zicana Boutique terms.

If a return or cancellation is approved, Zicana Boutique will inspect the returned item or review the cancellation request and determine whether a refund, credit, exchange, or adjustment is approved. Any approved refund may be reduced by restocking fees, credit card processing fees, refund processing fees, shipping charges, delivery charges, freight charges, handling charges, crating charges, transfer charges, supplier charges, distributor charges, storage charges, processing costs, and any other nonrefundable costs or costs already incurred by Zicana Boutique. Refund timing may depend on the Customer’s bank, credit card company, merchant processor, or payment provider.

No return, cancellation, exchange, refund, credit, adjustment, or claim may be made after installation, cutting, fabrication, modification, sealing, transport from pickup location, removal from warehouse, removal from supplier, removal from distributor, removal from freight terminal, or use of material. Such actions constitute full and final acceptance of the material.

20. Storage, Unclaimed Material, and Abandoned Orders

If material is not picked up, delivered, shipped, or accepted within the required time after availability, or if Customer refuses delivery, fails to pay, fails to sign required documents, fails to schedule pickup, fails to provide shipping information, or causes material to remain in storage, Zicana Boutique may assess storage fees, demurrage, warehouse charges, supplier storage charges, carrier charges, handling fees, administrative fees, and related costs.

If material remains unpaid, unclaimed, or unscheduled after written notice, Zicana Boutique may deem the order abandoned to the fullest extent permitted by law.

For abandoned material, Zicana Boutique may retain payments already made, recover storage costs, recover enforcement costs, resell the material, dispose of the material, or otherwise handle the material without further liability.

21. Account Hold, Shipment Hold, and Future Orders

Zicana Boutique may place any Customer account on credit hold, shipment hold, release hold, pickup hold, quote hold, or order hold.

Zicana Boutique may take this action if any balance is unpaid, any payment is disputed, any payment fails, any chargeback is initiated, required documents are missing, or Zicana Boutique determines in good faith that payment or collection risk exists.

Zicana Boutique may cancel, suspend, or refuse future orders without waiving its right to collect existing amounts owed.

22. Installation, Fabrication, and Third Parties

Zicana Boutique does not perform installation unless expressly stated in a separate written installation agreement.

Any installer, fabricator, contractor, designer, architect, builder, carrier, freight company, or third party recommended, introduced, listed, or referred by Zicana Boutique is independent and is not an employee, agent, partner, or subcontractor of Zicana Boutique unless expressly agreed in writing.

Customer is solely responsible for hiring, supervising, verifying, and paying all third parties. Zicana Boutique is not responsible for their acts, omissions, workmanship, delays, damage, errors, or charges.

23. Warranties and Limitation of Liability

Customer acknowledges that manufacturer warranties, supplier warranties, product warranties, and technical data are controlled by the applicable manufacturer or supplier.

Zicana Boutique makes no warranties beyond those expressly stated in writing by Zicana Boutique. To the fullest extent permitted by law, all implied warranties, including merchantability and fitness for a particular purpose, are disclaimed.

Zicana Boutique’s total liability shall not exceed the amount actually paid to Zicana Boutique for the specific product giving rise to the claim.

Zicana Boutique shall not be liable for labor, fabrication, installation, removal, reinstallation, repair, sealing, maintenance, delay, storage, transportation, contractor costs, project costs, warranty related labor, product claim expenses, pickup claim expenses, or delivery claim expenses.

Customer shall seek any applicable manufacturer or supplier warranty directly through the warranty process required by the manufacturer or supplier, with Zicana Boutique providing reasonable assistance where appropriate.

24. Health, Safety, Handling, and Resale

Customer agrees to comply with all applicable safety laws, building codes, installation standards, product handling requirements, silica safety standards, wet cutting requirements, storage practices, transportation rules, and manufacturer instructions relating to natural stone, quartz, porcelain, sintered stone, tile, slabs, and related materials.

If Customer resells, transfers, fabricates, installs, or distributes the material, Customer is responsible for communicating all applicable product information, safety warnings, inspection requirements, variation disclosures, warranty limits, and installation limitations to its customer, installer, fabricator, contractor, or end user.

Customer agrees to defend, indemnify, and hold harmless Zicana Boutique from claims arising from improper handling, improper storage, improper fabrication, improper installation, resale, use, safety violations, project conditions, or downstream communications.

25. Intellectual Property

All content on the website, including text, images, product descriptions, logos, graphics, layouts, designs, videos, renderings, trademarks, service marks, trade dress, and other proprietary materials are owned by or licensed to Zicana Boutique and may not be copied, reproduced, distributed, modified, republished, transmitted, displayed, scraped, or exploited without prior written consent.

26. Website Use Restrictions

You agree not to misuse the website or any content, including by attempting unauthorized access, scraping, copying product data, using bots, interfering with security, transmitting malicious code, or using the website in a manner that could damage Zicana Boutique, its systems, its vendors, or its customers.

27. Communications and Privacy

Customer authorizes Zicana Boutique to communicate regarding orders, quotes, deliveries, pickups, payments, claims, disputes, account status, pickup instructions, delivery instructions, transactional updates, and collection matters by email, telephone, text message, postal mail, or other contact information provided by Customer or Customer’s representative.

Transactional communications are part of the business relationship and may be used to document approvals, authorizations, releases, pickup instructions, delivery instructions, claims, payment obligations, and collection activity.

Customer acknowledges that personal information and transaction information may be collected and used for order processing, payment processing, fraud prevention, shipping, delivery, pickup coordination, customer service, account administration, legal compliance, claims processing, dispute resolution, and collection enforcement, subject to the Zicana Boutique Privacy Policy and applicable law.

Customer represents that any contact information, billing information, shipping information, jobsite information, and representative information provided to Zicana Boutique is accurate and authorized.

28. Customer Indemnification

Customer agrees to defend, indemnify, and hold harmless Zicana Boutique, its affiliates, officers, directors, members, managers, employees, agents, representatives, successors, and assigns from any claims, losses, damages, liabilities, costs, attorney fees, and expenses arising from Customer’s breach of these Terms, Customer’s misuse of the website, improper chargeback, unpaid balance, project conditions, installer error, fabricator error, contractor error, transportation issue, pickup issue, delivery access issue, unsafe handling, code violation, resale, installation, fabrication, or use of the material.

29. Governing Law

These Terms, all related quotes, invoices, payment requests, pickup documents, delivery documents, website transactions, material releases, deliveries, pickups, payments, disputes, and all transactions with Zicana Boutique shall be governed by the laws of the State of New York, without regard to conflict of law rules.

30. Binding Arbitration in New York

Except for claims that may properly be brought in small claims court and except for actions seeking provisional remedies, injunctive relief, payment enforcement, collection enforcement, lien enforcement, attachment, restraining relief, judgment enforcement, or judicial enforcement of arbitration rights or awards, any dispute, claim, or controversy arising out of or relating in any way to Zicana Boutique, the website, these Terms, any sales order, any invoice, any order, any payment, any product, any service, any pickup, any delivery, any release, or any transaction shall be resolved by final and binding arbitration.

The arbitration shall take place exclusively in Nassau County, New York, before one arbitrator, and shall be administered by the American Arbitration Association under its applicable commercial arbitration rules in effect at the time the claim is filed. The arbitrator shall have authority to award any remedy available under applicable law and these Terms.

By accepting these Terms, Customer and Zicana Boutique waive the right to a jury trial for claims subject to arbitration.

31. New York Venue, Jurisdiction, and Enforcement

Customer irrevocably consents to personal jurisdiction and exclusive venue in the state and federal courts located in New York for any action or proceeding arising from or relating to these Terms, the website, any sales order, any invoice, any quote, any order, any payment, any pickup, any delivery, any material release, any unpaid balance, any chargeback, any collection matter, or any enforcement action.

Customer waives any objection based on jurisdiction, venue, inconvenience, forum non conveniens, or any argument that New York is not the proper forum.

Zicana Boutique may also take any lawful action in any other jurisdiction as necessary to recognize, domesticate, record, collect, enforce, or execute upon any judgment, lien, arbitration award, debt, or other right against Customer or Customer assets. Customer agrees that New York shall remain the agreed forum for initiating legal action, while Zicana Boutique may pursue enforcement wherever Customer, Customer property, Customer bank accounts, Customer receivables, Customer business assets, or Customer real estate may be located.

32. Prevailing Party Fees

In any arbitration, court action, collection matter, enforcement proceeding, payment dispute, chargeback dispute, dishonored payment matter, lien matter, attachment matter, or controversy arising out of or relating to the website, these Terms, Zicana Boutique policies, or any transaction with Zicana Boutique, the prevailing party shall be entitled to recover reasonable attorney fees, arbitration fees, expert fees, court costs, collection costs, administrative costs, disbursements, and all other enforcement expenses permitted by law, in addition to any other relief available.

Without limiting the foregoing, if Zicana Boutique must take action to collect any unpaid amount or enforce any obligation arising from a transaction, Customer shall be responsible, to the fullest extent permitted by law, for all collection related costs and enforcement expenses incurred by Zicana Boutique.

33. No Waiver

No waiver by Zicana Boutique of any breach, default, late payment, pickup issue, delivery issue, inspection issue, return issue, or policy requirement shall be deemed a waiver of any prior or later breach or default. Any waiver must be in writing and signed by Zicana Boutique. No employee, sales representative, distributor, supplier, carrier, fabricator, installer, or third party has authority to modify these Terms unless Zicana Boutique confirms the modification in writing through an authorized representative.

34. Severability

If any provision of these Terms is found invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

35. Entire Agreement

These Terms, together with the Zicana Boutique Refund Policy, Shipping Policy, Privacy Policy, accepted quote, invoice, sales order, written approval, pickup document, delivery document, payment request, and transaction specific documents, constitute the complete agreement governing the transaction. These Terms supersede inconsistent customer supplied terms unless Zicana Boutique expressly agrees otherwise in writing.

36. Changes to These Terms

Zicana Boutique may revise these Terms from time to time for future transactions by posting an updated version on the website. Any revised Terms shall apply prospectively only and shall not alter the Terms governing any order already accepted, unless expressly agreed in writing by both parties.

37. Customer Final Acknowledgment

By proceeding with any transaction, Customer confirms that Customer has reviewed and accepts the material selections, quantities, pricing, payment terms, pickup method, delivery method, shipping address, release location, order details, product selections, website policies, Zicana Boutique terms, inspection obligations, final sale conditions, collection and enforcement provisions, and New York governing law and venue provisions. Customer agrees to be bound by all of the above.

38. Contact Information

Zicana Boutique
58 Sylvester Street
Westbury, New York 11590
United States
info@zicanaboutique.com
888 585 2836

 

Last updated: June 3, 2025