GENERAL TERMS OF SERVICE

Effective October 2023

1. About Zaltova and these terms

2. Key terms and their meaning

3. Before you use the Platform

4. What the Platform provides

5. Platform usage rules

6. Ordering process

7. Delivery and shipping

8. Payment terms

9. Changing your mind and returns

10. Product warranties

11. Claims and support

12. How we handle personal data

13. Account termination

14. Leaving a Seller review

15. Liability for the Platform and Products

16. Your responsibility as a User

17. Governing law and dispute resolution

18. General provisions

Article 1. About Zaltova and these terms

1.1 Zaltova Inc., a Delaware corporation, operates a Platform that connects Buyers with professional Sellers of Products.

1.2 We are an intermediary only. We do not sell, resell or own Products and do not control Seller stock. Unless stated in writing, we are not a brand owner’s distributor.

1.3 This document covers two subjects: access to and use of the Platform and its Services, and the sale terms that bind a Buyer and a Seller on the Platform.

Article 2. Key terms and their meaning

Capitalised words below carry the stated meaning, in singular or plural.

Article 3. Before you use the Platform

3.1 Read this document before using the Platform. You may download a copy from the Platform.

Using the Platform in any way, including browsing, registering or using a Zaltova Service, confirms that:

(1) you have read and understood this document and accept it; and

(2) you may accept it for yourself or for the entity you name as User, and can bind that entity.

3.2 You also accept that (a) the Services are provided “as is” without warranty (Article 15); (b) Zaltova is released from liability as described in Article 15; and (c) you will indemnify Zaltova for misuse of the Services (Article 16). This document contains a class-action waiver, a jury-trial waiver and a binding individual arbitration clause (Article 17).

3.3 Zaltova may revise this document at any time at its sole discretion by publishing a new version on the Platform. Check the current version regularly.

3.4 Other documents supplement this agreement, including the BuyBack Terms and Conditions on the Platform. If they conflict, the BuyBack Terms and Conditions prevail, but only for the BuyBack Service they govern.

Article 4. What the Platform provides

Zaltova provides several Services:

• To Sellers: the Platform, a back office, installment payment options, BackCare (Zaltova handles customer-service work for the Seller) and BackShip (a shipping-partner introduction). Sellers pay the agreed fee and commission, and Seller terms govern these Services. The Seller alone is liable for Products sold to a Buyer, whether or not it uses these Services.

• To Users: access to the Platform, a customer account, a secure payment method and other features described on the Platform. A Buyer pays a service fee when ordering; the exact amount is shown before the Buyer confirms the order.

Article 5. Platform usage rules

5.1 A customer account requires an email address and a password. Login details are personal to the account holder. Keep the password confidential and restrict access to your computer and devices. If a third party has accessed your account without permission, change the password immediately and report it through the form at under this link.

5.2 Without Zaltova’s written consent, a User may hold only one customer account and may not open a new one after Zaltova has closed their account.

5.3 A User must not: (i) harass other Platform users; (ii) post disparaging, defamatory, false, misleading, inaccurate, discriminatory or racist comments, or content that breaks the law, others’ rights or public order; (iii) collect information about other users, manually or automatically; (iv) access another user’s account; or (v) interfere with the Platform’s operation.

5.4 The Platform contains material that is or may be protected by intellectual property rights, including text, images, audio, brands, databases and underlying technology (the “Elements”). The following are forbidden:

• using software, scripts, robots or other processes, including crawlers and browser plug-ins, to scrape the Platform.

• using the Elements for business or professional purposes without Zaltova’s prior written authorisation;

• copying, displaying, modifying or adapting the Platform or any Element without Zaltova’s prior written consent;

5.5 By using the Platform, a User warrants that they are not in a U.S.-embargoed country, a country the U.S. government designates as “terrorist supporting”, or on any U.S. prohibited or restricted-party list. A User must not use the Platform for purposes banned by U.S. law, including making missiles or nuclear, chemical or biological weapons. Zaltova’s Services and technology are subject to U.S. export controls; a User must comply and must not export, re-export or transfer Products, Services or technology, directly or indirectly, to a country in breach of those controls without prior U.S. authorisation.

Article 6. Ordering process

6.1 Every Buyer must accept this document in full, without reservation, before ordering a Product.

6.2 Seller responsibility. Sellers alone answer for (i) the accuracy and completeness of the Seller Sheet and the Product Sheet description, and (ii) the Product’s conformity with that description. Each Seller freely sets its prices.

6.3 Order steps. A Buyer selects Products, clicks “Buy” and supplies the requested details (delivery address, payment method). Taxes and service fees appear in the final basket before payment is confirmed. Confirmation places an authorisation hold on the payment.

The sale is not complete at that stage. A Seller may have limited stock and has 24 business hours to confirm availability and fulfilment. The contract forms only when the Seller confirms availability and the Buyer is charged. If the Products are unavailable, or the Seller does not confirm within 24 business hours, the order is cancelled automatically and the sale is treated as never concluded. The authorisation hold is released immediately; a bank may take several days to reflect it.

Each order stands alone, and each Product order within a multi-item order stands alone. If a Seller does not confirm an order, the other confirmed orders remain payable and are not cancelled.

6.4 Zaltova or the Seller may cancel an order for a legitimate reason, including:

• multiple User accounts or fraudulent use of discount codes.

• a payment dispute concerning the order; and/or

• an obvious error about the Products or the price, such as a pricing error or a mistake about an essential Product characteristic;

Article 7. Delivery and shipping

7.1 Products can be shipped only to the 48 contiguous states of the United States.

7.2 Products go to the address the Buyer supplied when ordering. The Seller sets delivery times and methods. Risk of loss or damage passes from the Seller to the Buyer on delivery. With tracked delivery, the Buyer can follow the order in the customer account and/or through the carrier’s email or website.

7.3 The Buyer learns the delivery date after choosing a shipping method. Delivery must not be delayed without justification.

7.4 Shipping fees apply unless the order states otherwise. The Buyer sees the amount before paying.

7.5 If Products arrive damaged (a damaged or opened parcel, missing or damaged items), the Buyer must record all reservations on delivery. ZALTOVA ALSO ASKS THE BUYER TO FILE A COMPLAINT THROUGH THE PLATFORM WITHIN THREE BUSINESS DAYS OF RECEIVING THE PRODUCTS.

7.6 Ownership passes when the Buyer has paid and delivery is complete, meaning the Products have been physically handed to the Buyer or a third party nominated by the Buyer.

7.7 On returns: if the Buyer changes their mind, risk passes back to the Seller when the Seller receives the Products; otherwise risk passes back to the Seller as soon as the Buyer ships the Products.

Article 8. Payment terms

8.1 Checkout lists the available payment methods (credit or debit card and, where offered, installment options). Zaltova’s payment providers collect funds in the name and on behalf of the Sellers and Zaltova, and secure the transaction.

8.2 Promotional and discount codes. A User may apply a discount or promotional code when buying Products. Unless the code says otherwise, it applies to every Product on the Platform until it expires. Unless stated otherwise: (i) codes cannot be combined; (ii) codes do not cover shipping; (iii) codes cannot be exchanged or refunded, so a code used on a refunded order cannot be reused, except where the Seller cancels because the Products are unavailable; (iv) a monetary code must be spent in one order and any unused value is lost; and (v) codes cannot be applied to an order already placed.

8.3 For installment payments, the payment provider sets the terms before the related loan agreement is concluded.

Article 9. Changing your mind and returns

9.1 A Buyer may return Products within 30 days of receipt even where there is no defect (the “Right to cancel”). The receipt day does not count towards the 30 days. If the period ends on a Saturday, Sunday or public holiday, it runs to the next business day.

9.2 To return Products, the Buyer uses the return/help link in the order confirmation and states that the return is a change of mind, not a defect. Verification uses the order confirmation/email or order number; no sign-in is required.

9.3 The Buyer then has 14 days after notifying the Seller to send the Products to the Seller’s address, unless the Seller asks for another address or offers collection.

9.4 Buyers must pack returned Products carefully. The Buyer chooses the shipping method and may insure the parcel against loss, theft or destruction. ONLY PRODUCTS RETURNED COMPLETE, WITH ALL ACCESSORIES THEY ARRIVED WITH AND IN THE CONDITION IN WHICH THEY WERE SOLD ARE ACCEPTED, UNLESS THE BUYER HAS STATED THAT THE PRODUCTS RECEIVED DIFFERED FROM THE PRODUCT SHEET. Before returning Products, the Buyer must erase personal data and disconnect them from any account. Guidance for iCloud, Google or Samsung accounts is available at under this link.

9.5 Standard returns are free. For change-of-mind returns the Buyer pays return shipping; for defective or incorrect items Zaltova provides a prepaid return label.

9.6 When all conditions for exercising the Right to cancel are met, the Seller refunds the full order amount, including delivery costs.

9.7 A Buyer may be liable for a loss in value caused by mishandling the Products or accessories.

Article 10. Product warranties

10.1 Sellers grant Buyers a 12-month limited warranty. To rely on it, a Buyer contacts the Seller as set out in Article 11. The “Limited Warranty Agreement” on the Platform describes the warranty content.

Where the law allows, implied warranties and conditions, including merchantability and fitness for a particular purpose, are limited to the 12-month warranty period. These limits apply only to the extent the law permits. Some states do not allow limits on how long an implied warranty lasts, so some limits or exclusions above may not apply.

10.2 Can a Buyer add extra protection?

When ordering, a Buyer may subscribe to an additional protection plan covering defects and accidents caused by normal handling, such as drops, spills and cracked screens.

Article 11. Claims and support

11.1 Contact through the Platform. A Buyer can reach the Seller through the return/help link in the order confirmation or by emailing support@zaltova.com; verification uses the order confirmation/email or order number and needs no sign-in. A Buyer may also contact Zaltova through the form at under this link or on 1-855-442-6688, giving the order date and number. Zaltova forwards the claim to the Seller.

11.2 How Sellers handle complaints. A Seller must answer a Buyer complaint within 24 hours, excluding weekends and holidays. The Seller provides customer service for the Products it sells, their warranties and related complaints. Zaltova is not liable for the Products or the sale but may step in under Article 11.3.

11.3 Zaltova’s intervention. If a Buyer has difficulty with a Seller, Zaltova may act in the Seller’s name and on its behalf where all of these apply: (i) the Buyer has an order confirmation/email or order number; (ii) the Buyer claimed within the warranty period through the return/help link or by emailing support@zaltova.com; (iii) the Seller did not reply within 24 hours (weekends and holidays excluded) or replied inadequately; and (iv) the claim concerns a defective Product. Such a Buyer may ask Zaltova to intervene through the questionnaire at available here. Where Zaltova finds the claim justified and the Seller in breach, it will ask the Seller to do one or more of the following, as the Buyer requests: refund the Product price; send a matching Product; repair or replace the Product; and/or provide a prepaid return label. A solution accepted by the Buyer binds the Seller. If the Seller does not implement it within 24 hours (weekends and holidays excluded) of notification, Zaltova may enforce it in the Seller’s name and on the Seller’s behalf.

Article 12. How we handle personal data

Zaltova and the Sellers process the Buyer’s personal data, and Zaltova uses cookies. The Data Protection and Cookies documents on the Platform set out the applicable policies.

Article 13. Account termination

13.1 Closing an account at the User’s request. A User may close a customer account at any time without notice, through the account or by writing to legal@zaltova.com. If no orders or warranties are outstanding, closure takes effect within 30 days of the notice.

13.2 Closing an account at Zaltova’s initiative. Zaltova may close a customer account if the User refuses an update to this document, breaches its obligations or becomes inactive. Zaltova may also close an account without cause on reasonable prior notice.

13.3 Informing the User. Zaltova emails the User about its intention to close the account and the reasons. Before closure the User may download order information and invoices; after closure the User can still make claims but can no longer order Products or use the Services.

Article 14. Leaving a Seller review

Once an order is finalised, the Buyer may review the Seller and the Products through the Platform’s review system. The purchase date and the review-categorisation criteria appear with the review.

Article 15. Liability for the Platform and Products

15.1 About the Services. Zaltova works to keep the Services and the Platform available. It may suspend or limit access to repair, maintain, add or develop a function or Service. Zaltova is not liable for damage a User suffers because they cannot access or use all or part of a Service or the Platform.

TO THE FULLEST EXTENT PERMITTED BY LAW, USE OF THE SERVICES IS AT THE USER’S OWN RISK. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS. ZALTOVA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ZALTOVA GIVES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE PLATFORM OR SERVICES WILL MEET USERS’ REQUIREMENTS; (2) USE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) ERRORS WILL BE CORRECTED.

ANY CONTENT DOWNLOADED OR ACCESSED THROUGH THE PLATFORM IS USED AT THE USER’S OWN RISK. THE USER IS SOLELY RESPONSIBLE FOR DAMAGE TO THEIR PROPERTY OR PERSON, INCLUDING THEIR COMPUTER OR DEVICES, AND FOR ANY OTHER LOSS FROM ACCESSING THAT CONTENT.

THE SERVICES MAY EXPERIENCE DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. ZALTOVA GIVES NO WARRANTY OR CONDITION REGARDING THE SERVICES, INCLUDING THEIR QUALITY, EFFECTIVENESS OR OTHER CHARACTERISTICS.

NO ORAL OR WRITTEN ADVICE OR INFORMATION FROM ZALTOVA OR THE PLATFORM CREATES A WARRANTY NOT EXPRESSLY STATED HERE.

ZALTOVA MAY OFFER NEW “BETA” FEATURES OR TOOLS FOR EXPERIMENTAL USE, WITHOUT WARRANTY OF ANY KIND, AND MAY CHANGE OR WITHDRAW THEM AT ITS SOLE DISCRETION. THIS ARTICLE APPLIES IN FULL TO THEM.

ZALTOVA RELIES ON THIRD-PARTY SERVICES. THE USER AGREES THAT ZALTOVA IS NOT LIABLE FOR THIRD-PARTY CONDUCT, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM THEM LIES ENTIRELY WITH THE USER.

15.2 About the Products. Zaltova is neither the Seller nor the reseller of Products; it acts only as an intermediary. The Seller is fully responsible for the Products it offers on the Platform, including warranties that law or regulation places on the Seller or manufacturer. ZALTOVA GIVES NO WARRANTY ABOUT PRODUCT QUALITY, OR ABOUT THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF PRODUCT INFORMATION OBTAINED THROUGH THE PLATFORM.

15.3 Disclaimer. To the fullest extent permitted by law, Zaltova is not liable for indirect, incidental, special, exemplary or consequential damages connected with the Platform; for loss of use, data or profits, whether or not such damages were foreseeable; or for personal injury, bodily injury or emotional distress arising from this document or from communications, interactions or meetings with other users. This covers: (1) use of, or inability to use, the Platform; (2) substitute goods or services, or messages received, in connection with transactions through the Platform; (3) unauthorised access to, or alteration of, a User’s transmissions or data; (4) third-party statements or conduct on the Platform; and (5) any other Platform-related matter, on any legal theory including warranty, copyright, contract, tort (including negligence) or product liability. ZALTOVA IS LIABLE ONLY FOR DIRECT DAMAGES EXCLUSIVELY ATTRIBUTABLE TO ITS OWN CONTRACTUAL FAULT. Zaltova supports Sellers’ quality control efforts but accepts no responsibility for a sale between a Seller and a Buyer on the Platform. The Buyer therefore releases Zaltova from liability connected with performance of that sale, including Product conformity, description and offer conformity, availability and safety, ownership, and intellectual and industrial property rights.

15.4 Limit on liability. IN NO CIRCUMSTANCES WILL ZALTOVA’S LIABILITY EXCEED THE AMOUNT THE BUYER PAID THROUGH THE PLATFORM IN THE 12 MONTHS BEFORE THE CLAIM AROSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF DAMAGES; IF THOSE LAWS APPLY, SOME OR ALL OF THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Article 16. Your responsibility as a User

16.1 A User must use the Services and the Platform in accordance with this document and must not breach any law, regulation or public policy.

16.2 A User agrees to indemnify and hold harmless Zaltova, its direct and indirect parent companies, subsidiaries, affiliates, officers, employees, agents, partners and licensors from losses, costs, liabilities and expenses (including reasonable attorneys’ fees) arising from misuse of the Platform, breach of this document, infringement of another party’s rights (including other Users) or breach of any law, rule or regulation. This Article survives termination of the account or access to the Platform.

Article 17. Governing law and dispute resolution

17.1 This document and any related action are governed by the laws of the State of New York, consistent with the Federal Arbitration Act, without regard to conflict-of-law rules that would apply another jurisdiction’s law.

17.2 Users may report complaints about the Services through the form at under this link or to the Division of Consumer Protection of the State of New York. For Product issues, Buyers may complain to the Seller under Article 11 or to the Division of Consumer Protection of the State of New York.

17.3 Applicability of Arbitration Agreement. Claims and disputes connected with this document, with Products sold by a Seller or with Services provided by Zaltova that cannot be resolved informally or in small claims court are resolved by binding individual arbitration under this Arbitration Agreement. Claims for injunctive or other equitable relief described below are excluded. Arbitration is conducted in English unless agreed otherwise. This Arbitration Agreement covers Users, Sellers, Zaltova and their subsidiaries, affiliates, agents, employees, predecessors, successors and assigns, and authorised or unauthorised users or beneficiaries of the Services or goods provided under it.

17.4 Notice Requirement and Informal Dispute Resolution. Before seeking arbitration, a party must send the other a written Notice of Dispute describing the claim and the relief sought. A notice to Zaltova goes to: Legal Department, Zaltova, 41 Union Square W, 2nd Floor, New York, NY 10003. The parties may then try to resolve the matter informally. A notice to a Seller goes to the address in the Seller Sheet and/or on the Product invoice. If the matter is unresolved within 30 days after the notice is received, either party may start arbitration. Settlement offers stay confidential from the arbitrator until the arbitrator determines the amount of any award.

17.5 Arbitration Rules. Arbitration is initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”). If the AAA cannot act, the parties will agree on another ADR Provider. The ADR Provider’s rules govern the arbitration, including how it is initiated, unless they conflict with this document. The AAA Consumer Arbitration Rules are available at www.adr.org or on 1-800-778-7879. A single neutral arbitrator conducts the arbitration. Claims below US$10,000.00 may, at the claimant’s option, be resolved by binding non-appearance-based arbitration. For claims of US$10,000.00 or more, the Arbitration Rules determine whether a hearing is held. A hearing takes place within 100 miles of the User’s residence unless the User lives outside the United States or the parties agree otherwise.

Where a User or Seller lives outside the U.S., the arbitrator gives reasonable notice of the date, time and place of any oral hearing. Judgment on the award may be entered in any court with jurisdiction. Each party bears its own costs (including attorneys’ fees) and disbursements and pays an equal share of the ADR Provider’s fees and costs. In non-appearance-based arbitration, the proceeding is conducted by telephone, online and/or on written submissions, as the claimant chooses.

Unless the parties agree otherwise, arbitration involves no personal appearances by parties or witnesses.

17.6 Time Limits. A party pursuing arbitration must initiate or demand it within the applicable statute of limitations and within any deadline set by the AAA Rules for the claim.

17.7 Authority of Arbitrator. Once arbitration begins, the arbitrator decides the parties’ rights and liabilities, if any. The dispute is not consolidated with other matters or joined with other cases or parties.

The arbitrator may decide dispositive motions, award monetary damages and grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules and this Arbitration Agreement. The arbitrator issues a written award and statement of decision describing the essential findings and conclusions, including the damages calculation. The arbitrator’s authority to award individual relief equals a court judge’s, and the award is final and binding on Users and Zaltova.

17.8 Waiver of Jury Trial. The parties waive their constitutional and statutory rights to go to court and have a judge or jury decide their dispute, choosing arbitration under this Arbitration Agreement instead. Arbitration is usually more limited, faster and cheaper than court, with very limited court review. If litigation arises between Users and Zaltova in state or federal court to vacate or enforce an award or for any other reason, the parties waive all jury-trial rights and choose a judge.

17.9 Waiver of Class or Consolidated Actions. Claims and disputes within the scope of this Arbitration Agreement must be arbitrated or litigated individually, not as a class action, and claims of more than one User may not be arbitrated or litigated jointly or consolidated with another User’s claims.

17.10 Confidentiality. All aspects of the arbitration, including the award and compliance with it, are strictly confidential unless the law requires otherwise. A party may still file in court the information necessary to enforce this document or an award, or to seek injunctive or equitable relief.

17.11 Right to Waive. The party against whom a claim is asserted may waive any or all rights and limitations in this Arbitration Agreement without waiving or affecting any other part of it.

17.12 Survival of Arbitration Agreement. This Arbitration Agreement survives termination of the relationship between Users and Sellers, and between Users and Zaltova.

17.13 Small Claims Court. Despite the above, a User or Zaltova may bring an individual action in small claims court.

17.14 Emergency Equitable Relief. Despite the above, either party may seek emergency equitable relief from a state or federal court to preserve the status quo while arbitration is pending; this does not waive other rights or obligations under this Arbitration Agreement.

17.15 Claims Not Subject to Arbitration. Despite the above, claims for defamation, breach of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets are not subject to this Arbitration Agreement.

17.16 Courts. If this Arbitration Agreement allows court litigation, the parties consent to the personal jurisdiction of the courts in Kings County, NY.

17.17 Severability. If a court finds any part of this Arbitration Agreement invalid or unenforceable, that part has no effect and is severed, and the rest remains in full force.

Article 18. General provisions

18.1 Communications between a User and Zaltova are electronic. For contractual purposes, Users (1) consent to electronic communications from Zaltova, and (2) agree that terms, conditions, agreements, notices, disclosures and other electronic communications satisfy any requirement that they be in writing.

18.2 A California resident waives California Civil Code Article 1542, which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

18.2 Severability. If any provision of this document is invalid or unenforceable, the remaining provisions stay enforceable, and the invalid provision is treated as modified to the minimum extent needed to make it valid and enforceable.

18.3 The User must keep Zaltova informed of their current email address. If the last email address supplied is invalid, or Zaltova cannot send a required or permitted notice for any reason, the dispatch of the email still constitutes effective notice. Users may notify Zaltova through “Orders”, then “Ask for help” next to the relevant order if a purchase has been made, or through the contact form if not.

18.4 Entire agreement. This document, together with the documents it refers to, is the entire agreement between the User and Zaltova on its subject. It creates no agency, joint venture, partnership, employment or fiduciary relationship, and neither party may bind the other or create obligations for it.