Terms and Conditions
a. ZEN COLLECTIVE (PTY) LTD, registration number 2019/141204/07, is the owner of the branding Moniiki™, ZEN Interiors™ and Blue Wave IT™, which are protected in South Africa by copyright and intellectual property laws.
b. All references to “ZEN COLLECTIVE”, “Blue Wave IT™”, “Moniiki™” and “ZEN Interiors™” in these terms and conditions are deemed to refer to ZEN COLLECTIVE (Pty) Ltd (registration number 2019/141204/07).
c. “Client”, “Clients” or “the Client” will be considered any person or entity making use of ZEN COLLECTIVE’s services, web site, or paying for services or products offered by ZEN COLLECTIVE.
d. These terms and conditions apply to ZEN COLLECTIVE’s in general.
1.1. ZEN COLLECTIVE relies on graphical means to represent ideas, designs and products, but Clients should be aware that due to technological limitations, colour and materials might not be accurately displayed on different devices, printouts or brochures. Please request physical samples or visit the relevant showrooms for accurate references.
1.2. ZEN COLLECTIVE will always endeavour to provide up to date and accurate information, but in the unlikely event that an error or omission occurs, ZEN COLLECTIVE will not assume any liability.
1.3. ZEN COLLECTIVE cannot be held liable for any damages or losses that the Client incur from using any of ZEN COLLECTIVE’s services, products or the information provided.
1.4. If any of ZEN COLLECTIVE’s terms and conditions are found to be unlawful, it will not affect the validity of the rest of the terms and conditions.
1.5. Nothing in ZEN COLLECTIVE’s terms and conditions are intended or should be interpreted to unlawfully restrict, limit or avoid any right for either parties in terms of the Consumer Protection Act, 68 of 2008 – which Clients can access here.
2.1. ZEN COLLECTIVE respect Clients’ privacy and will take all reasonable measures to protect it, as per the statutory obligation contained in POPI.
2.2. ZEN COLLECTIVE will never sell any Client information to any third-party.
2.3. ZEN COLLECTIVE’s employees will only have access to Client details that are pertinent to the transaction at hand and will be legally bound by confidentiality and non-disclosure agreements regarding Client data.
2.4. While ZEN COLLECTIVE will take all reasonable measures to protect Client privacy, ZEN COLLECTIVE cannot guarantee or accept any liability whatsoever for third parties (such as courier or payment services) used in processing Client transactions, and the Client indemnifies ZEN COLLECTIVE to any third party breach of POPI.
2.6. ZEN COLLECTIVE’s server will use various cookies in order to provide the services we offer, which will expire between one day and a year, depending on the type of cookie.
2.7. Clients can also manually clear all browser cookies by executing their browser’s “Clear browsing data” command.
3. Pricing, quotations & deposits
3.1. ZEN COLLECTIVE will only be bound by quotations in writing on ZEN COLLECTIVE’s letterhead, and the equivalent digital version in PDF format, as pricing provided verbally or via social media (e.g. WhatsApp, Signal, or Facebook) are only considered an estimate.
3.2. ZEN COLLECTIVE does not carry stock on hand, which means that quotations are always subject to stock availability at the suppliers, as well as their price fluctuations, which are due to the constantly fluctuating exchange rate.
3.3. Accepting a quotation and placing an order constitute the Client’s offer to purchase a product or service from ZEN COLLECTIVE. ZEN COLLECTIVE will only deem a Client’s offer as acceptable once the required payment has been made and cleared in ZEN COLLECTIVE’s account, and the available stock is ordered and paid for at the suppliers.
3.4. Products must be paid for in full before any orders can be placed at the suppliers.
3.5. Due to ZEN COLLECTIVE’s contracts with the suppliers, they will not allocate or reserve stock unless payment has been made and cleared into their accounts.
3.6. For custom ordered products, ZEN COLLECTIVE will reserve stock once a Client’s proof of payment is received but will only process the order once the payment has cleared in ZEN COLLECTIVE’s bank account — no exceptions will be allowed.
3.7. It is the Client’s responsibility to ensure that the quotation’s information, quantities, pricing, etc are correct before placing an order and making payment. Accepting a quotation means that Clients agree to and confirm the accuracy of the information provided.
3.8. For set price design or custom work, a 50% upfront payment is required before work commences.
3.9. For hourly rate projects, ZEN COLLECTIVE will require 3 hours’ worth of labour paid upfront, which will then be deducted again from the Client’s first invoice.
3.10. Clients that are late or unable to keep an appointment without any practical advance notice, will be invoiced at ZEN COLLECTIVE’s regular hourly rate for the allotted time, as it still denotes a time commitment from ZEN COLLECTIVE.
3.11. It is the sole responsibility of the Client to determine that the goods or services ordered are suitable for the purpose of intended use.
4.1. Electronic Fund Transfers (EFT’s) between different banks, and sometimes even between accounts held at the same bank, can take up to three business days.
4.2. A notification of funds being paid is only that — a notification. Only once an EFT clears into ZEN COLLECTIVE’s account will the Client’s account be considered as being paid.
4.3. Full payment is due upon completion of the design, order, installation, delivery or collection. Failure to pay may result in the debt being turned over to a collections agency and reporting to the credit bureau. Clients will be responsible for all costs incurred by ZEN COLLECTIVE, collection agencies, or court fees incurred by litigation for failure to pay.
4.4. Stock purchased for Clients on order remain ZEN COLLECTIVE’s property until fully paid by the Client.
4.5. Clients agrees that interest shall be payable on any moneys due to ZEN COLLECTIVE at 2.5% above the Prime Overdraft rated quoted by First National Bank Ltd., which interests shall be calculated on a daily balance and capitalized monthly, from the date the moneys fell due to payment. A certificate under hand of any manager of the First National Bank Ltd shall be prima facie proof of the interest rate charged nor shall it be necessary to prove the signature or capacity of such manager.
4.6. The Client hereby waives the benefits of the legal exceptions of non numeratae pecuniae, non causa debiti, review of accounts and no value received and hereby declares himself to be fully acquainted with the meaning of this waiver.
4.7. In the event of any default by the Client of any provision of this agreement, the Client hereby consents and authorizes ZEN COLLECTIVE to furnish the name, credit record and repayment history of the Client to any credit bureau as a delinquent debtor.
4.8. In the case of a Client not settling their debt and ZEN COLLECTIVE has no choice but to repossess unpaid items, the Client shall be liable to pay:
4.8.1. the difference between the selling price and the value of the goods at the time of repossession and;
4.8.2. all other costs incurred in the repossession of the goods. The value of repossessed goods or retained pledged goods will be deemed to be the value placed on them by any sworn valuator after such repossession and such valuation will be prima facie proof of the value.
4.9. The Client indemnifies ZEN COLLECTIVE completely against any damage whatsoever relating to the removal of repossessed goods, unless such damage is caused through the negligence of ZEN COLLECTIVE, its employees, agents and contractors.
4.10. If any goods supplied to the Client are of a generic nature and have become property of the Client by operation of law (confusio or commixtio) the Client shall be obliged on notice of cancellation of the agreement to retransfer the same quantity of goods in ownership to ZEN COLLECTIVE.
5. Orders, Stock & Shipping
5.1. ZEN COLLECTIVE use various Store-to-Door courier services, which is a next business day service for main centers (from date of collection by the courier), although outlying areas can take up to 7 days.
5.2. Clients can request their tracking or waybill numbers from ZEN COLLECTIVE, as these will not necessarily be forwarded to Clients once collection has taken place.
5.3. Clients must be available to accept and sign for their orders at the delivery address provided to avoid incurring extra courier costs.
5.4. ZEN COLLECTIVE reserve the right to cancel any orders and refund any money paid by Clients.
5.5. Custom orders cannot be cancelled once a Client’s payment have been received and the manufacturing, assembly, or production process have started.
5.6. Product deliveries and installations are the Client’s responsibility, unless ZEN COLLECTIVE agree to handle either or both on the Client’s behalf through one of ZEN COLLECTIVE’s agents, which will be for the Client’s expense.
5.7. Clients are required to ensure that safe, adequate and accessible location and space is available for both the delivery, movement and installation of products.
5.8. Delivery, installation, commencement and performance times given are merely estimates and are not binding on ZEN COLLECTIVE. ZEN COLLECTIVE warrants that it will use its best endeavour’s to meet such delivery times; ZEN COLLECTIVE shall not be liable for any loss or damage of whatsoever nature which the Client may suffer as a result of any incorrect or delayed delivery due to incorrect delivery information supplied by the Client, tampering of installation by the Client, commencement or performance.
5.9. If Clients chooses to engage their own courier or transport agency to transport goods, Clients indemnifies ZEN COLLECTIVE against any claims of whatsoever nature that may arise from such an agreement.
5.10. Any delivery note, waybill or job card ‐ both a copy or the original ‐ signed by the Client or a third party on behalf of the Client from any third party engaged by ZEN COLLECTIVE to transport goods shall be prima facie proof that delivery was made to the Client and are in accordance with the quality and quantity reflected thereon, unless otherwise advised by the Client upon delivery and inspection of the goods.
5.11. Any order is subject to cancellation by ZEN COLLECTIVE due to force majeure from any clause beyond the control of ZEN COLLECTIVE, including (without restricting this clause to these instances): inability to secure labour, power, materials or supplies, or by reason of an act of God, war, civil disturbance, riot, state of emergency, strike, lockout, lockdown, or other labour disputes, fire, flood, drought or legislation.
5.12. If at any time any amount of money due by the Client to ZEN COLLECTIVE is overdue for payment, ZEN COLLECTIVE shall be entitled to suspend all deliveries to the Client until all amounts are paid or, at the election of ZEN COLLECTIVE, to cancel all outstanding orders in either of which events the Client shall have no claim against ZEN COLLECTIVE.
6. Intellectual Property
6.1. ZEN COLLECTIVE retains the copy and intellectual property rights on all products and designs provided, Clients are not allowed to sell it or reproduce it in another project, unless ZEN COLLECTIVE agreed otherwise in writing.
6.2. Clients are not allowed to copy, reproduce, modify or distribute any of ZEN COLLECTIVE’s designs or the website’s content in any way.
6.3. All intellectual property rights, including copyright and trademarks embodied in media such as, but not limited to, logos, images or text remain their respective owners’ property, ZEN COLLECTIVE’s included.
7. Acceptance of these Terms and Conditions
7.1. By making use of any of ZEN COLLECTIVE’s services, purchasing any of the products on offer, or making use of the website and its sub domains, Clients consent to agree to these terms and conditions unconditionally.
7.2. These terms and conditions and their interpretation is subject to South African law and the Client consents to the exclusive jurisdiction of the South African Courts.
7.3. ZEN COLLECTIVE reserve the right to change these terms and conditions without notification, so Clients must ensure to occasionally review them for any changes.
7.4. Errors and omissions excepted.
October 2021 – v5.0