Terms of service

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Apex Comfort website (the "Service") operated by ZACK'S ECOMMERCE LTD ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.

1. Purchases

  • Your Rights:
    You are encouraged to familiarize yourself with your rights under the Sale of Goods Act 1979, the Unfair Contract Terms Act 1977, and the Unfair Terms in Consumer Contracts Regulations 1999.

  • Delivery Region:
    We deliver to the United Kingdom only.

  • Providing Information:
    If you wish to purchase any product or service available through the Service (a "Purchase"), you may be asked to supply certain information relevant to your Purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
    You represent and warrant that:

    1. You have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and
    2. The information you supply to us is true, correct, and complete.
      You expressly agree that ZACK'S ECOMMERCE LTD is not responsible for any loss or damage arising from the submission of false or inaccurate information.

  • Third-Party Processing:
    By submitting such information, you grant us the right to provide the information to third parties for the purpose of facilitating the completion of Purchases.

  • Order Cancellation:
    We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to, product or service availability, errors in the description or price of the product or service, errors in your order, or other reasons. You expressly agree that ZACK'S ECOMMERCE LTD cannot accept any liability for loss or damage arising from such cancellation.
    We also reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

2. Availability, Errors, and Inaccuracies

  • Dynamic Offerings:
    We are constantly updating our range of products and services on the Service. As such, the products or services available on our Service may occasionally be mispriced, described inaccurately, or unavailable. Additionally, we may experience delays in updating information on the Service or in our advertising on other websites.

  • No Legal Offer:
    You expressly agree that any offer of a product or service on the Service does not constitute a legally binding offer capable of attracting legal consequences.

  • Accuracy:
    While we strive for accuracy, we cannot guarantee that all information (including prices, product images, specifications, availability, and services) is complete, current, or error-free. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. This section is without prejudice to any statutory rights you may have.

3. Contests, Sweepstakes, and Promotions

Any contests, sweepstakes, or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If there is any conflict between the Promotion rules and these Terms, the Promotion rules will apply. The terms and conditions of any other Promotions are independent of this agreement.

4. Intellectual Property

  • Ownership:
    The Service and its original content, features, and functionality are and will remain the exclusive property of ZACK'S ECOMMERCE LTD and its licensors.

  • Protection:
    The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries.
    Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ZACK'S ECOMMERCE LTD.

5. Links To Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by ZACK'S ECOMMERCE LTD.

  • No Control or Responsibility:
    ZACK'S ECOMMERCE LTD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
  • Your Acknowledgment:
    You further acknowledge and agree that ZACK'S ECOMMERCE LTD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

6. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including if you breach these Terms.

  • Effect of Termination:
    Upon termination, your right to use the Service will cease immediately.
  • Surviving Provisions:
    All provisions of these Terms which by their nature should survive termination shall remain in effect, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

7. Indemnification

You agree to defend, indemnify, and hold harmless ZACK'S ECOMMERCE LTD, its licensees, licensors, and their employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney's fees) arising from:
a) Your use of and access to the Service, or
b) Your breach of these Terms.

8. Limitation Of Liability

In no event shall ZACK'S ECOMMERCE LTD, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  1. Your access to or use of, or inability to access or use, the Service;
  2. Any conduct or content of any third party on the Service;
  3. Any content obtained from the Service; and
  4. Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if ZACK'S ECOMMERCE LTD has been advised of the possibility of such damages.

9. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis.

  • No Warranties:
    The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
  • No Guarantee:
    ZACK'S ECOMMERCE LTD, its subsidiaries, affiliates, and licensors do not warrant that:
    a) The Service will function uninterrupted, secure, or available at any particular time or location;
    b) Any errors or defects will be corrected;
    c) The Service is free of viruses or other harmful components; or
    d) The results of using the Service will meet your requirements.

10. Exclusions

Without limiting the generality of the foregoing, and notwithstanding any other provision of these Terms, under no circumstances will ZACK'S ECOMMERCE LTD ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive, or exemplary loss or damage arising from, connected with, or relating to:

  • Your use of the Service,
  • These Terms,
  • The subject matter of these Terms,
  • The termination of these Terms, or otherwise, including, without limitation, personal injury, loss of data, business, markets, savings, income, profits, production, reputation or goodwill, or economic loss, under any theory of liability (whether in contract, tort, strict liability, or any other theory), regardless of any negligence or other fault (including without limitation, gross negligence or fundamental breach) by ZACK'S ECOMMERCE LTD or any person for whom ZACK'S ECOMMERCE LTD is responsible, even if ZACK'S ECOMMERCE LTD has been advised of the possibility of such loss or damage.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

  • Waiver:
    Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
  • Severability:
    If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect.
  • Entire Agreement:
    These Terms constitute the entire agreement between you and ZACK'S ECOMMERCE LTD regarding your use of the Service, superseding any prior agreements.

12. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

  • Notification:
    If a revision is made, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
  • Continued Use:
    By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

13. Privacy Policy and Cookie Policy

Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these Terms. It is important that you read our Privacy Policy and Cookies Policy before using the Service.

14. Contact Us

If you have any questions or need further clarification regarding these Terms, please do not hesitate to contact us:

  • Website Name: Apex Comfort
  • Company Name: ZACK'S ECOMMERCE LTD
  • Company Number: 15693486
  • Address: 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ
  • Email: info@apexcomfort.co.uk

Customer Service Opening Hours:

  • Monday - Friday: 9:00 - 17:00
  • Saturday - Sunday: Closed

We will respond to your request within 48 hours.

Please Note: Our office address is for mailing purposes only. Do not send returns to this address; a return address will be provided once your return has been approved.

By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.