Terms and Conditions

Introduction and Acceptance of Terms

Welcome to zapara.ca (the “Site”). This website is owned and operated by ZAPARA (c/o NEWTRACK Advertising Corporation) – referred to as “ZAPARA”, “we”, “us”, or “our”. These Terms and Conditions (“Terms”) govern your access to and use of the Site, as well as your purchases of any products from ZAPARA. By accessing, browsing, or using this Site (including submitting an order through the Site), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use this Site or any services provided through it.

Products and Services Offered

ZAPARA specializes in high-quality wooden products and sauna-related goods. Our offerings include, but are not limited to: indoor and outdoor sauna kits, wood-burning and electric sauna heaters, and various sauna accessories (e.g. buckets, ladles, thermometers, lighting, and other related items). We provide detailed product information on the Site, and customers can make inquiries, request quotes, or place orders for these products. All products and services offered on the Site are subject to availability. We reserve the right to modify or discontinue any product or service at any time without prior notice.

Use of the Site and Intellectual Property

You agree to use zapara.ca only for lawful purposes and in accordance with these Terms. When using our Site, you must not: (a) violate any applicable laws or regulations; (b) engage in fraudulent or harmful activities, including interfering with the Site’s operation or attempting to gain unauthorized access to systems; or (c) post or transmit any malicious or disruptive code, or any offensive, defamatory, or infringing content.

All content on our Site – including text, images, graphics, logos, design elements, and software – is the property of ZAPARA or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may download or print content from the Site for your personal, non-commercial use only. Any reproduction, distribution, modification, or republication of Site materials beyond personal use is prohibited without our prior written consent. “ZAPARA” and all related logos or product names are trademarks of NEWTRACK Advertising Corporation, and you may not use these marks without explicit permission. We reserve all rights not expressly granted to you in these Terms.

Orders and Payment Terms

Placing Orders

You can place an order for our products through the Site by adding items to your cart and submitting an order request (or by requesting a quote through our provided form). At this time, the Site does not process payments online. When you submit an order on the Site, no payment will be collected during checkout. Instead, upon receiving your order request, we will review it and then contact you (via email or phone) to confirm the order details, total price (including any shipping charges and taxes), and arrange payment separately.

Payment Methods

While currently we arrange payments offline, we anticipate offering online payment options in the future. When online payments are enabled, we will accept major payment methods such as Visa, MasterCard, American Express, or other credit cards, and possibly other electronic payment forms (e.g. PayPal or Interac) as indicated on the Site. All prices on the Site are listed in Canadian dollars (CAD) unless stated otherwise, and are subject to applicable taxes and shipping fees, which will be communicated to you before finalizing your order. If you choose to pay by credit card or other electronic means (once available), you agree that:

Payment Authorization: You will provide valid payment information and hereby authorize ZAPARA (or our third-party payment processor) to charge the full amount of your purchase (including taxes and shipping) to the payment method you designate.
Payment Security: We are committed to protecting your payment information. If online payments are enabled, our Site will use industry-standard encryption and security measures (such as SSL/TLS) to safeguard transactions. However, you are responsible for ensuring the device and connection you use to make a payment are secure.
Pricing and Errors: Product prices are as listed on the Site. In the event of a pricing error or discrepancy, we reserve the right to cancel or correct the order. If a correction is needed after you’ve placed an order, we will contact you with the corrected price and you may choose to proceed with or cancel the order. We will not charge your payment method until you have confirmed acceptance of the adjusted price.

No matter the payment method, all orders must be paid in full before products are shipped or delivered. If we do not receive payment or if payment is not authorized/cleared for any reason, we reserve the right to cancel the order. We are not responsible for any fees or charges your bank or payment provider may impose as a result of processing your payment.

User Accounts

Creating an account on zapara.ca is optional but can enhance your shopping experience. By registering for an account, you can save your contact information, view order history, and track current orders. If you choose to create an account:

Account Information: You agree to provide accurate, current, and complete information during the registration process and to keep this information up-to-date. Each user is allowed to maintain only one account.
Login Credentials: You are responsible for maintaining the confidentiality of your account username and password. You must not share your login credentials or allow others to use your account. Any activity performed through your account will be presumed to have been authorized by you.
Unauthorized Use: If you suspect that your account has been compromised or accessed without your authorization, you must notify us immediately. ZAPARA will not be liable for any loss or damage arising from unauthorized use of your account, and you may be held responsible for losses incurred by us or others due to such unauthorized use.
Account Termination: We reserve the right to suspend or terminate your user account at our discretion if we believe you have violated these Terms, provided false information, or engaged in fraudulent or harmful activity. You may also delete your account at any time, but please note that we may retain certain transaction information as required by law or for legitimate business purposes (see our Privacy Policy for details on data handling).

Returns and Refunds

We want you to be satisfied with your purchase. If you are not completely happy with a product you received, please review the following return and refund policy:

Unopened Products: You may return any unused, unopened product for a full refund of the purchase price, provided that the item is in its original, unused condition with all original packaging, parts, and documentation. The return must be initiated within a reasonable time after purchase (typically within 30 days of delivery, unless a longer period is required by law or explicitly offered by us). The customer is responsible for arranging and paying the cost of return shipping. Once we receive the returned product and verify it is unopened and in new condition, we will issue the refund (minus any original shipping charges, which are non-refundable).
Opened (Unused) Products: If you have opened the product’s packaging but the product remains unused and in like-new condition, we will accept a return at our discretion. Returns of opened items that are not defective will be subject to a 25% restocking fee. This means your refund will be 75% of the product’s purchase price (again, excluding any shipping fees, and minus return shipping costs which you must cover). The product must be returned with all original components, accessories, and packaging.
Used or Damaged Products: Products that have been used, installed, altered, or damaged by the customer cannot be returned for a refund. We do not accept returns on items that are not in original condition. Exception: If a product is discovered to be defective after you begin using it, and the issue falls under our warranty (see Warranty section below), you may be eligible for repair, replacement, or other warranty service as outlined, rather than a refund. In certain special cases, if we explicitly agree (in writing) to accept a used product return that is not defective, such return may be subject to additional restocking fees or other conditions at our discretion.

Return Process: To initiate a return, you must contact us (via the contact information in the Contact Us section below) to obtain return instructions or authorization. We may provide you with a return merchandise authorization (RMA) number and the address for returns. It is your responsibility to pack the product securely for return shipping. Whenever possible, use the original packaging to prevent damage in transit. We strongly recommend insuring the shipment and using a trackable shipping service, as we cannot be responsible for items lost or damaged in return transit.

After we receive your returned item, we will inspect it to ensure it meets the above conditions. Please allow up to 10 business days from the date we receive the return to process your refund. Refunds will be issued to the same payment method you used for the purchase (or via an alternative method if we agree). Shipping costs (both the original delivery and the return shipping) are the responsibility of the customer and will not be refunded, except in cases of our error or a defective product return where we have agreed to cover such costs. Restocking fees (if applicable) will be deducted from the refund amount. We reserve the right to refuse a return or reduce the refunded amount if the returned item is missing parts, is returned in a condition different from what was communicated, or was damaged due to improper packaging on the return.

Warranty

All products sold by ZAPARA come with a 1-Year Limited Warranty against manufacturing defects, effective from the date of purchase. This means that for one (1) year from the purchase date, the product should be free from defects in materials and workmanship under normal intended use. The details of this warranty are as follows:

What is Covered: This limited warranty covers defects or malfunctions that arise during normal use of the product and that are attributable to poor workmanship or faulty materials. Examples include structural defects in wooden components, electrical failures in sauna heaters (not caused by external factors), or other failures that render the product unusable for its intended purpose due to a manufacturing issue. If a valid defect is reported within the Warranty period, ZAPARA will, at our discretion, either repair the product, replace the defective part, or exchange the product for a new one at no cost to you. Any repaired or replacement product will continue to be covered by the warranty for the remainder of the original warranty period or for 90 days after repair/replacement (whichever is longer).
What is Not Covered: This warranty does not cover any problems or damage caused by misuse, abuse, improper assembly or installation, neglect, unauthorized modification or repair, accidental damage, improper storage, or usage of the product contrary to its instructions or intended purpose. Normal wear and tear, cosmetic imperfections (that do not affect functionality), and damage from external causes such as weather, fire, or power surges are also not covered. Additionally, any product that is used for commercial purposes (e.g. in a gym or public facility) or in a manner exceeding normal residential use may not be covered unless expressly stated for that product.
How to Make a Warranty Claim: If you believe your product has a defect covered by this warranty, please stop using the product (to prevent any further damage or safety risk) and contact us as soon as possible using the contact information below. Provide your original order information (or receipt), describe the issue in detail, and include photos if applicable to show the defect. We may troubleshoot with you or require that you send the product (or part of it) back to us for inspection. If we confirm a defect covered by this warranty, we will arrange for repair or replacement as outlined above. In some cases, we may direct you to an authorized service center or the product’s manufacturer for specific warranty service (for example, if the item is covered by a manufacturer’s warranty that we facilitate). Note that you will be responsible for shipping the product to us or to the designated service location for inspection or repair, but if we determine the issue is indeed a covered defect, we will pay for the cost of return shipping of the repaired or replaced item back to you.

This limited warranty gives you specific legal rights. It is provided in addition to any rights or remedies you may have under applicable consumer protection laws. To the extent permitted by law, ZAPARA disclaims all other warranties or conditions, express or implied, regarding the products, including any implied warranties of merchantability or fitness for a particular purpose, except where such disclaimers are not allowed by law. No ZAPARA reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. In the event that applicable law provides for a minimum warranty period longer than one year, then that longer period will apply; otherwise, the one-year period stated herein applies.

Disclaimer of Warranties & Limitation of Liability

Website and Information Disclaimer: While we strive to ensure that our website content (including product descriptions, pricing, and availability) is accurate and up-to-date, the Site and all information, content, and services provided through it are provided on an “as is” and “as available” basis. ZAPARA makes no guarantees, representations, or warranties of any kind, express or implied, as to the operation of the Site or the accuracy or completeness of the information on the Site. To the fullest extent permitted by law, we disclaim all warranties, express or implied, regarding the Site, including but not limited to implied warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Any reliance on the material on this Site is at your own risk.

Limitation of Liability: You expressly understand and agree that ZAPARA, NEWTRACK Advertising Corporation, and our affiliates, officers, employees, agents, and contractors shall not be liable for any losses or damages of any kind arising from or in connection with your use of (or inability to use) the Site, any content on the Site, or any products or services purchased through the Site, except as explicitly required by law. This includes, without limitation:

Indirect or Consequential Losses: We will not be liable for any indirect, incidental, consequential, special, or punitive damages, or any loss of profits, revenue, data, or business opportunities, even if we have been advised of the possibility of such damages. For example, we are not responsible for losses resulting from delayed deliveries, downtime of the website, or use of products other than as intended.
Direct Damages Cap: To the extent we are found liable for any claim, you agree that our liability to you for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) shall not exceed the amount you paid to ZAPARA for the specific product or service that is the subject of the claim. If the claim does not relate to a product purchase (for instance, a claim arising from Site usage), then our liability shall not exceed an aggregate of CAD $100.00.

Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. If the laws applicable to you (such as provincial consumer laws in Ontario or state laws elsewhere) do not allow the exclusion of certain warranties or the limitation of certain damages, then the relevant portions of the above disclaimers and limitations may not apply to you. In such cases, ZAPARA’s liability will be limited to the greatest extent permitted by law.

You acknowledge that the limitations of liability and warranty disclaimers in these Terms are a fair allocation of risk and an essential part of our agreement to provide products and services to you. Without these limitations, the prices of our products and the availability of our Site could be different.

Governing Law

These Terms and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, as well as any applicable federal laws of Canada. This governing law applies regardless of your location, even if you reside or access the Site from outside of Canada.

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site or purchase of products, you agree to submit to the jurisdiction of the courts of the Province of Ontario. Unless prohibited by law, you also agree that Ontario is the appropriate venue for any such legal action or proceeding, and you waive any objection to jurisdiction or venue in those courts. Notwithstanding the foregoing, ZAPARA retains the right to seek injunctive relief or any other remedies in any appropriate jurisdiction in the case of urgent legal matters (for example, intellectual property infringement or unauthorized use of the Site) where such action is necessary to protect our interests.

Changes to These Terms

ZAPARA reserves the right to modify, update, or replace these Terms and Conditions at any time, at our sole discretion. If we make material changes to these Terms, we will post the updated Terms on this Site and update the “Last Updated” date at the top (if applicable). We may also notify registered users via email or by posting a prominent notice on the Site, but it is ultimately your responsibility to review the Terms periodically for any changes. Continued use of the Site or our services after any modifications constitutes your acceptance of the new Terms. If you do not agree to any amended Terms, you should discontinue use of the Site and, if applicable, contact us to terminate any user account.

Miscellaneous Provisions

Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect. In other words, the invalid part will be deemed modified to the minimum extent necessary to make it enforceable (or disregarded if not possible), but this will not affect the validity of the rest of the Terms.
Entire Agreement: These Terms (along with any other policies or legal notices posted on our Site, such as our Privacy Policy and any product-specific terms) constitute the entire agreement between you and ZAPARA regarding your use of the Site and purchase of products. They supersede any prior or contemporaneous understandings and agreements, whether oral or written, regarding the same subject matter. No oral or written information or advice given by any party shall create any warranty or obligation not expressly stated in these Terms.
No Waiver: Our failure to enforce any right or provision of these Terms shall not operate as a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of ZAPARA.
Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our obligations and rights under these Terms to another entity (for example, in the event of a corporate transaction or sale of the business) without notice to you. These Terms will remain binding on any successors or assigns of you or ZAPARA.
Headings: Section headings in these Terms are for convenience and organization only and have no legal or contractual effect.

Contact Information

If you have any questions, concerns, or comments about these Terms and Conditions, or if you need to contact us for any reason (including to make a return, request warranty service, or address a dispute), you can reach us using the following contact details:

Company Name: ZAPARA (NEWTRACK Advertising Corporation)
Business Address: 260 Bayview Drive, Barrie, Ontario, Canada
Phone: +1 (647) 926-7267 (available Monday to Saturday, 9:00 AM – 6:00 PM EST)
Email: info@zapara.ca

We value our customers and will do our best to address your inquiries and resolve any issues as promptly as possible. Thank you for reading these Terms and for shopping with ZAPARA. Your use of our Site and your business with us is subject to the above Terms and Conditions. By continuing to use the Site, you acknowledge and accept these Terms in their entirety.