ZARA HOME

 

ZARA HOME TERMS & CONDITIONS

1.INTRODUCTION
Welcome to the ZARAHOME.COM website and co-branded versions of the website located at URLs
that resolve to the domain name ZARAHOME.COM (the "Website" or "Site"). As you have no doubt
experienced with virtually all websites, your use of this Site, as well as the use of any ZARA HOME-
branded mobile application on your smartphone or handheld device ("Mobile App"), is subject to certain
terms and conditions of use ( collectively "Terms") set forth below. These Terms are important for both
you and us as they create a legally binding agreement between us, protecting your rights as a valued
customer and our rights as a business.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING AND/OR PLACING AN ORDER
FROM THIS WEBSITE OR THE MOBILE APP. THEY MAY SEEM TECHNICAL AND
LEGALISTIC, BUT THEY ARE IMPORTANT. BY USING THIS SITE, OUR MOBILE APP,
AND/OR PLACING AN ORDER FROM THIS SITE OR THE MOBILE APP, YOU ACCEPT THESE
TERMS AND OUR PRIVACY POLICY WITHOUT ANY RESERVATIONS OR
QUALIFICATIONS, AND YOU AGREE TO BE BOUND BY THESE TERMS AND OUR
PRIVACY POLICY. THIS INCLUDES, WITHOUT LIMITATION, ACCEPTING THE TERMS
RELATING TO BINDING ARBITRATION, WAIVER OF THE RIGHT TO CLASS ACTION,
DISCLAIMER OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND
LIMITATIONS, AND NEW YORK CHOICE OF LAW AS SET FORTH HEREIN. IF YOU DO NOT
AGREE TO THESE TERMS OR OUR PRIVACY POLICY, WHETHER IN WHOLE OR IN PART,
PLEASE DO NOT USE THE SITE OR OUR MOBILE APP, OR ANY OF THE SERVICES
PROVIDED ON THE SITE OR THE MOBILE APP, OR PLACE AN ORDER FROM THE SITE OR
THE MOBILE APP.

These Terms constitute an agreement between you (hereinafter, "you" or "your") on the one hand, and
ITX USA LLC trading as ZARA HOME, a Delaware limited liability company with its principal
address at 500 5th Avenue, Suite 400, New York, NY 10110 (hereinafter collectively, "us," "our," "we,"
"ZARA HOME," or the "Vendor") on the other hand, in relation to your use of the Website or Mobile
App, the goods/services offered and sold through this Website or the Mobile App, and any orders you
place through the Website or Mobile App (collectively, the "ZARA HOME Services"). Before you
place an order, please carefully read these Terms and our Privacy Policy.
If you have any questions about the Terms or the Privacy Policy, you may contact us via the contact
information provided on our “Contact Us” webpage on the Site.

2.DISPUTES
You agree that any controversy or claim arising out of or relating to the Terms, the Site, the Mobile
App, the Privacy Policy, and/or the ZARA HOME Services shall be settled by binding arbitration in a
location determined by the arbitrator as set forth herein (provided that such location is reasonably
convenient for you in your hometown area), or at such other location as may be mutually agreed upon
by the parties, in accordance with the applicable procedural rules set forth in the then prevailing
Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and
judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-
5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you
may assert your claims in small claims court in accordance with the terms of these Terms if your claims

qualify and so long as the matter remains in such court and advances only on an individual (non-class,
non-representative) basis. The arbitrator shall apply New York law consistent with the Federal
Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at
law. If you initiate arbitration against ZARA HOME, you will not be responsible for professional fees
for the arbitrator’s services or any other JAMS fees. If ZARA HOME initiates arbitration against you,
ZARA HOME will pay for the arbitrator’s services and any other JAMS fees associated with the
arbitration. In the event that the claimant is able to demonstrate that the costs of arbitration will be cost-
prohibitive or greater than the costs of litigation, ZARA HOME will pay as much of the claimant’s
filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent
the arbitration from being cost-prohibitive or more expensive than the cost of litigation. If any part of
this arbitration provision is deemed to be invalid, unenforceable or illegal (other than the condition that
claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and
procedures established by JAMS, then the balance of this arbitration provision shall remain in effect
and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting
provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or
illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this
arbitration provision shall be null and void, and neither claimant nor ZARA HOME shall be entitled to
arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH
SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE
ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR
PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE
THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT
TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER
AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THE
SITE OR MOBILE APP, ANY OF THE SERVICES PROVIDED ON THE SITE OR MOBILE APP,
OR PLACE AN ORDER FROM THE SITE OR MOBILE APP IF YOU DO NOT AGREE TO THE
FOREGOING BINDING ARBITRATION PROVISIONS.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause
of action arose or be forever barred. YOU FURTHER AGREE THAT ANY DISPUTES, CLAIMS,
AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE, THE
MOBILE APP, THE PRIVACY POLICY, AND/OR THESE TERMS WILL BE RESOLVED
INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Any disputes arising out of or relating to these Terms, the Privacy Policy, the Site, the Mobile App,
and/or the ZARA HOME Services shall be resolved in accordance with the laws of state of New York,
without regard to its conflict of law rules. Any disputes, actions or proceedings relating to these Terms
or your access to or use of the Site or the Mobile App not subject to the arbitration provisions set forth
herein must be brought in the Federal or state courts located in the state of New York and you
irrevocably consent to the exclusive jurisdiction and venue of such courts.

3. USE OF OUR WEBSITE AND/OR MOBILE APP
You agree that:
1. You may only use the Website and/or Mobile App to make legitimate inquiries or orders.

OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE,
EVEN IF ZARA HOME OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Nothing in these Terms shall exclude or limit in any way our liability:
1. For the death or personal injury caused by our negligence;
2. For fraud or fraudulent misrepresentation; or
3. For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt
to exclude or limit, our liability.

ZARA HOME MAKES NO WARRANTIES, EXPRESS OR IMPLIED. ZARA HOME EXPRESSLY
DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A
PARTICULAR PURPOSE, EVEN IF ZARA HOME HAS BEEN ADVISED OF SUCH PURPOSE.
IN ADDITION, ZARA HOME SHALL NOT BE RESPONSIBLE FOR ANY DEFECT CAUSED BY
PRODUCT MISUSE. IN NO EVENT SHALL THE PARTIES BE LIABLE TO THE OTHER FOR
SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER IN
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
All product descriptions, information and materials posted on this Site are provided “as is” and without
warranties express, implied, or otherwise howsoever arising. Products (including handicraft products)
sold by us will often contain the natural characteristics of the materials used in the manufacture of the
completed product. Natural characteristics such as grain, texture, knots and color variation should be
classed as faults or defects. Inconsistencies in these natural characteristics should be expected and
appreciated. We select only products of the highest quality but natural characteristics are inevitable and
should be accepted as a part of the individual appearance of the product.

SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATIONS ON IMPLIED WARRANTIES
OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE
LIMITATIONS OR EXCLUSIONS OF LIABILITY CONTAINED HEREIN MAY NOT APPLY TO
YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO
A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY
RESIDENT ARE THE RESULT OF ZARA HOME’S NEGLIGENT, FRAUDULENT, OR
RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT..

Due to the open nature of the Website and/or Mobile App, and the potential for errors in the storage and
transmission of digital information, we do not warrant the accuracy and security of information
transmitted to or obtained from the Website or Mobile App unless otherwise expressly set out on the
Website or Mobile App.
Our liability in connection with any product purchased through our Site is strictly limited to the purchase
price of that product.

4. INTELLECTUAL PROPERTY
The Site and Mobile App, including all of its information and contents, such as text, data, wallpaper,
icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software
and the HTML used to generate the pages (collectively, "Materials"), is ZARA HOME property or that
of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States
and/or foreign laws. Except as otherwise provided on the Site, the Mobile App, or in these Terms, you

may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add
to, license, post, transmit, or distribute any Materials from the Site or Mobile App in whole or in part,
for any public or commercial purpose without the specific prior written permission of ZARA HOME.
We grant you a personal, limited, non-exclusive, nontransferable license to access the Site and/or
Mobile App and to use the information and services contained on the Site and/or Mobile App. We
reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to
revise the products and services described on the Site or Mobile App and to terminate, change, suspend
or discontinue any aspect of the Site or Mobile App, including, but not limited to, the Materials on the
Site or Mobile App as well as features and/or hours of availability of the Site or Mobile App, and we
will not be liable to you or to any third party for doing so. Subject to Clause 27, we may also impose
rules for and limits on use of the Site or Mobile App or restrict your access to part, or all, of the Site or
Mobile App without notice or penalty. We have the right to change these rules and/or limitations at any
time, in our sole discretion.
As between you and ZARA HOME, (or any other company whose marks appear on the Site or Mobile
App), ZARA HOME (or the respective company) is the owner and/or authorized user of any registered
or unregistered trademark, trade name and/or service mark appearing on the Site or Mobile App, and is
the copyright owner or licensee of the Materials on the Site or Mobile App, unless otherwise indicated.
The ZARA HOME logos, designs, titles, phrases and product names and the copyrights, trademarks,
service marks, trade dress and/or other intellectual property in such materials (collectively, "ZARA
HOME Intellectual Property") are owned by ZARA HOME and may be registered in the United States
and internationally. You agree not to display or use the ZARA HOME Intellectual Property in any
manner without ZARA HOME's prior permission. Nothing on the Site or Mobile App should be
construed to grant any license or right to use any ZARA HOME Intellectual Property without the prior
written consent of ZARA HOME.
Except as otherwise provided herein, use of the Site or Mobile App does not grant you a license to any
Materials or features you may access on the Site or Mobile App and you may not modify, rent, lease,
loan, sell, distribute or create derivative works of such Materials, features or materials, in whole or in
part. Any commercial use of the Site or Mobile App is strictly prohibited, except as allowed herein or
otherwise approved by us. You may not download or save a copy of any of the Materials or screens for
any purpose except as otherwise provided by ZARA HOME. If you make use of the Site or Mobile
App, other than as provided herein, in doing so you may violate copyright and other laws of the United
States, Ireland, and/or other countries, as well as applicable state laws, and you may be subject to
liability for such unauthorized use. The information on the Site or Mobile App including, without
limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by
law including, but not limited to, copyright law. This does not prevent you from using the Website or
Mobile App to the extent necessary to make a copy of any order.
ZARA HOME makes no claim that the Site or Mobile App may be lawfully viewed or that content may
be downloaded outside of the United States. Access to the content may not be legal by certain persons
or in certain countries. If you access the Site or Mobile App from outside the United States, you do so
at your own risk and you are responsible for compliance with the laws of the jurisdiction.

5.COPYRIGHT AND/OR TRADEMARK INFRINGEMENT
If you believe a work on the Site or Mobile App constitutes infringement of your copyright, trademark
or other intellectual property rights please provide our Designated Agent with a written communication
containing the following information:

1. evidence of your authorization to act on behalf of the owner of the copyrighted work or
trademark;
2. a description of the copyrighted work or trademark that you claim has been infringed;
3. description of where the alleged infringing material is located on the Site or Mobile App,
including the permalink where the material is located;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by
the copyright owner or trademark owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or trademark owner or authorized to act on the
owner's behalf; and
7. your physical or electronic signature.
ZARA HOME's Designated Agent for notice of claims of copyright infringement and trademark
infringement can be reached at zarahome.usterms@inditex.com

6.INDEMNITY
You agree to indemnify and hold ZARA HOME, its directors, officers, employees, agents and affiliates
harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable
attorneys' fees, in any way arising from, related to or in connection with your (including your
dependents’ or agents’) violation of these Terms or the posting or transmission of any materials on or
through the Site or Mobile App by you, including, but not limited to, any third party claim that any
information or materials you provide infringes any third party proprietary right.

7.WRITTEN COMMUNICATIONS
When using our Site or Mobile App, you accept that communication with us will be mainly electronic.
We will contact you by email or provide you with information by posting notices on our Website or
Mobile App. For contractual purposes, you agree to this electronic means of communication and you
acknowledge that all contracts, notices, information and other communications that we provide to you
electronically comply with any legal requirement that such communications be in writing.

8.REGISTRATION, PASSWORDS, AND SECURITY
To access some of our services you will have to complete an online registration form. You agree that
all information which you submit ("Registration Information") is true and complete and that you will
update your Registration Information to keep this information true and complete.
Upon registering, you will create a password. You are solely responsible for any use of or action taken
under your password on the Site or Mobile App. Your password may be used only to review information
regarding potential and completed transactions, purchase or cancel purchases of products, change your
preferences, post content and otherwise access and use the Site, the Mobile App, and services on the
Site or Mobile App in accordance with these Terms. You are solely responsible for maintaining the
confidentiality and security of your password, and you hereby agree not to disclose your password to
any third party (other than third parties authorized by you to use your account). You accept full
responsibility for all transactions and other activities placed or conducted through your account and
agree to and hereby release ZARA HOME from any and all liability concerning such transactions or
activity. You agree to notify ZARA HOME immediately of any actual or suspected loss, theft or
unauthorized use of your account or password. ZARA HOME has no obligation to inquire as to the
authority or propriety of any use of or action taken under your password and will not be responsible for

any loss to you arising from any such use or action or from your failure to comply with the above.
ZARA HOME will take reasonable security precautions when using the Internet, telephone or other
means to transport data or other communications, but expressly disclaims any and all liability for the
accessing of any such data or communications by unauthorized persons or entities.

9. POSTED CONTENT AND SUBMISSIONS
As part of your use of the Site or Mobile App and services offered on the Site or Mobile App, you may
upload, post, distribute or disseminate (collectively, "post") content and material (including but not
limited to, photographs, images you have taken, captions and comments), or you may send or email us
material (including but not limited to, photographs you have taken, articles you have written, captions,
and comments) which we, at our discretion, may allow you to post (collectively, the "Posted Content")
on the Site or Mobile App. You hereby grant ZARA HOME a right (including any moral rights) and
worldwide license to use the Posted Content on the Site or Mobile App and to promote and advertise
the Site or Mobile App and ZARA HOME in any way.
You also warrant that if you are not the holder of any such rights, the holder of such rights has
completely and effectively waived all such rights and validly and irrevocably granted you the right to
grant the license stated above. You acknowledge and agree that you are solely responsible for the form,
content and accuracy of any Posted Content. You agree that you will not post any false, inaccurate
material or delete or revise any material that was not posted by you. You are responsible for your own
postings and are responsible for the consequences of your postings. You agree not to do any of the
following:
i. post any material that is copyrighted or trademarked unless you own the copyright or
trademark or have the owner's permission (including requisite consents and releases)
to post it;
ii. post any material that reveals a trade secret, unless you own the trade secret or have
the owner's permission to post it;
iii. post any material that infringes on any intellectual property right of another or on the
privacy or publicity rights of another;
iv. post any material that is unlawful, obscene, pornographic, sexual, indecent,
defamatory, threatening, harassing, abusive or hateful to another user or to any other
person or entity;
v. post any chain letter or pyramid scheme; or
vi. post any material that contains a virus, trojan horse, worm, time bomb or other
computer programming routine or engine that is intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or information.
ZARA HOME does not represent or guarantee the truthfulness, accuracy or reliability of any Posted
Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted
Content by other users will be at your own risk. ZARA HOME does not confirm that each user is who
he or she claims to be. ZARA HOME exercises a great effort to protect Posted Content from being
misused. However, if misuse has occurred ZARA HOME is in no way liable for such misuse. Because
ZARA HOME is not involved in user-to-user dealings and does not control the behavior of participants
on the Site or Mobile App, in the event that you have a dispute with one or more users, you release
ZARA HOME from any claims, demands and damages (actual and consequential, direct and indirect)
of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such dispute. ZARA HOME acts as a passive conduit for
Posted Content and has no obligation to screen or monitor Posted Content. If ZARA HOME becomes

aware of any Posted Content that allegedly may not conform to these Terms, ZARA HOME may
investigate the allegation and determine in its sole discretion whether to take action in accordance with
these Terms. ZARA HOME has no liability or responsibility to users for performance or
nonperformance of such activities. You may find some Posted Content to be offensive, indecent,
harmful, inaccurate, objectionable, mislabeled or deceptively labeled. ZARA HOME expects that you
will use caution and common sense when using the Site and Services.
ZARA HOME HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT
NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO
SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST ZARA HOME
FOR SUCH REMOVAL AND/OR DELETION.ZARA HOME IS NOT RESPONSIBLE OR LIABLE
FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT
THROUGH THE SITE OR MOBILE APP. YOU SHOULD TAKE MEASURES TO PRESERVE
COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE
OR MOBILE APP.
We are pleased to hear from our visitors and welcome your comments. Because of the large number of
ideas and works that ZARA HOME has already developed, or that have been suggested to us by third
parties, the possibility exists that any idea, suggestion or submission that you may make through the
Site or Mobile App is similar to information, ideas or suggestions already known to us. By disclosing
any information, idea, suggestion or other material through the Site or Mobile App, you agree that (a)
no confidential relationship is established by virtue of such submission and that the material is not
submitted in confidence and (b) no obligation of any kind is assumed by, nor may be implied against,
ZARA HOME by virtue of such submission. Moreover, no liability shall result from the use of such
information, ideas or suggestions by ZARA HOME.

10.NOTICES
All notices given by you to us should be given to us preferably via the avenues of contact provided on
our "Contact Us” webpage. Subject to and as otherwise specified in Clause 18 above, we may give
notice to you at either the email or postal address you provide to us when placing an order.
Notice will be deemed received and properly served immediately when posted on our Website or
Mobile App, 24 hours after an email is sent, or three days after the date of posting of any letter. In
proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter
was properly addressed, stamped and placed in the post and, in the case of an email, that such email
was sent to the specified email address of the addressee.

11.BINDING NATURE; ASSIGNMENT
These Terms and our Privacy Policy are binding on you and us and on our respective heirs, successors
and assigns. You may not transfer, assign, charge or otherwise dispose of these Terms, or our Privacy
Policy, or any of your rights or obligations arising under it, without our prior written consent. We may
transfer, assign, charge, sub-contract or otherwise dispose of these Terms and our Privacy Policy, or
any of our rights or obligations arising under them, at any time.

12.EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of any of our
obligations under an order you have placed that is caused by events outside our control (a "Force
Majeure Event"). A Force Majeure Event shall include any act, event, non- happening, omission or

accident beyond our reasonable control and shall include in particular (without limitation) the
following:
b. Strikes, lock-outs or other industrial action.
c. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether
declared or not) or threat or preparation for war.
d. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
e. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of
public or private transport.
f. Impossibility of the use of public or private telecommunications networks.
g. The acts, decrees, legislation, regulations or restrictions of any government.
h. Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any order you have placed is deemed to be suspended for the period that the
Force Majeure Event continues, and we will have an extension of time for performance for the duration
of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to
find a solution by which our obligations may be performed despite the Force Majeure Event.

13.WAIVER
No failure of ZARA HOME to enforce any of its rights or remedies under these Terms will act as a
waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any
subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated
to be a waiver and is communicated to you in writing in accordance with the provisions of the clause
on Notices (Clause 21) above.

14.SEVERABILITY
If any of these Terms or any provisions of an order are determined by any competent authority to be
invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent
be severed from the remaining terms, conditions and provisions which will continue to be valid to the
fullest extent permitted by law.

15.ENTIRE AGREEMENT
These Terms and any document expressly referred to in them represent the entire agreement between
you and us in relation to the subject matter of these Terms and supersede any prior agreement,
understanding or arrangement between you and us, whether oral or in writing. Both you and us
acknowledge that, in entering into these Terms, neither you nor us has relied on any representation,
undertaking or promise given by the other or implied from anything said or written in negotiations
between you and us prior to such Terms, except as expressly stated in these Terms.

16.OUR RIGHT TO MODIFY THESE TERMS
We have the right to revise and amend these Terms at any time. Your use of the Site or Mobile App
after we post changes to these Terms constitutes your agreement to those changes prospectively from
the date of such changes. You will be subject to the Terms and ZARA HOME policies in force at the
time that you order products from us.

17.ADDITIONAL TERMS FOR USERS OF THE MOBILE APP PLATFORM

Users of the Apple Mobile App Platform. If you download and/or use our Site and/or apps using an
iPhone or iPad: You, the end-user of Mobile App, acknowledge that these Terms are entered into by
and between ZARA HOME and you and not with Apple, Inc., and Apple, Inc. is not responsible for the
Mobile App and/or its content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and
its subsidiaries are third-party beneficiaries of these Terms and that Apple, Inc. has the right (and is
deemed to have accepted the right) to enforce these Terms. You acknowledge that Apple, Inc. has no
obligation whatsoever to maintain or support the Mobile App. You acknowledge that you have
reviewed the App Store Terms and Conditions (located online at
http://www.apple.com/legal/itunes/us/terms.html#APPS). These Terms incorporate by reference the
Licensed Platform End User License Agreement (the “LAEULA”) published by Apple, Inc. (located
online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms, the
Mobile App is considered the “Licensed Platform” as defined in the LAEULA and ZARA HOME is
considered the “Platform Provider” as defined in the LAEULA. If any terms of these Terms conflict
with the terms of the LAEULA, the terms of these Terms shall control. You further acknowledge and
agree that in no event will Apple, Inc. be responsible for any claims relating to the Mobile App
(including, without limitation, a third party claim that the Mobile App infringes that third party’s
intellectual property rights) or your use or possession of the Mobile App, including but not limited to:
(i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal
or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You
acknowledge and agree that, to the maximum extent permitted by applicable law, Apple, Inc. will have
no warranty obligation whatsoever with respect to the Mobile App.
Mobile App Platform Updates. We may make available for download certain Mobile App updates or
upgrades to the Mobile App to update, enhance, or further develop the Mobile App (“Platform
Updates”). The license granted herein allows you to download and use the Platform Updates to update
the Mobile App on any device that you own or control. This Agreement does not allow you to update
devices that you do not own or control, and you may not make the Platform Updates available over a
network where it could be used by multiple devices or multiple computers at the same time. You may
not make any copies of the Platform Updates, unless such copy is authorized in writing by us.
Except as and only to the extent permitted by applicable law, or by licensing terms governing use of
open-sourced components included with the Mobile App, you may not copy, decompile, reverse
engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the
Mobile App, Platform Updates, or any part thereof. Any attempt to do so is a violation of the rights of
ZARA HOME and its licensors of the Mobile App and Platform Updates. By storing content on your
device, you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without
prior permission from the rights holder. The Mobile App and Platform Updates may be used to
reproduce materials so long as such use is limited to reproduction of non-copyrighted materials,
materials in which you own the copyright, or materials you are authorized or legally permitted to
reproduce.
We may, at our discretion, automatically upload Platform Updates to your device. You agree to accept
these Platform Updates, and to pay for any costs associated with receiving them. The Mobile App and
Platform Updates are subject to United States export laws and regulations. You must comply with all
domestic and international export laws and regulations that apply to the Mobile App and Platform
Updates. These laws include restrictions on destinations, end users, and end use.
Uses of the Mobile App expressly consent to receive push notifications from and on behalf of ZARA
HOME.

18.MISCELLANEOUS
You acknowledge and agree that your use of the Site and/or Mobile App may involve you providing an
“electronic signature” indicating your desire to use the Site and/or Mobile App. Your “electronic
signature” indicates your acceptance of these Terms, and your consent to receive communications about
these Terms electronically. If you wish to receive communications in another manner, you may contact
ZARA HOME at “Contact US” www.ZARAHOME.com to change your communication preferences.
You may not use or otherwise export or re-export the Mobile App except as authorized by United States
law and the laws of the jurisdiction in which the Mobile App was obtained. In particular, but without
limitation, the Mobile App may not be exported or re-exported (a) into any U.S. embargoed countries,
or that has been designated by the U.S. Government as a “terrorist supporting country” or (b) to anyone
on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of
Commerce Denied Person’s List or Entity List. By using the Mobile App, you represent and warrant
that you are not located in any such country or on any such list. You also agree that you will not use
the Mobile App for any purposes prohibited by United States law, including, without limitation, the
development, design, manufacture, or production of nuclear, missiles, or chemical or biological
weapons.
NOTICE FOR CALIFORNIA RESIDENTS. Under California Civil Code Section 1789.3, California
users are entitled to the following consumer rights notice: If you have a question or complaint regarding
the services provided on the Site and/or Mobile App, please send an email to through Contact Us on
www.ZARAHOME.com. You may also contact us by writing to ZARA HOME, 500 Fifth Avenue,
New York, New York 10110 Attn: ZARA HOME Online or by calling 1-877-550-1107. California
residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA
95834, or by telephone at (916) 445-1254 or (800) 952-5210.

19.QUESTIONS AND FEEDBACK
We welcome your questions, comments and feedback. Please send all questions, comments and
feedback to us via the contact information provided on our "Contact Us” webpage.