terms and conditions
WHO WE ARE
We are ZAZAAN Curated Collection Johannesburg (Pty) Ltd (“ZAZAAN”), bearing Registration Number: CK2004/094291/23.
ZAZAAN’s Head Office’s and physical address is 49 7th Avenue, Parktown North, Johannesburg, 2193. This address may be used for the service of all legal documents.
Our email is email@example.com. This email may be used for all non-legal related communications.
PRIVACY AND DATA PROTECTION
When you visit our ZAZAAN Website or other social media sites, your personal information may be used. What may be used, the reasons, therefore, and how this information will be used is detailed under our Privacy Notice, also found at the bottom of the ZAZAAN website marked “Privacy Notice”.
APPLICATION OF THESE TERMS AND CONDITIONS
These Terms and Conditions will apply to all orders placed and/or concluded by or with ZAZAAN for the sale and/or supply of the listed products (“Products”) displayed on our online shop, ZAZAAN.co.za (“Site”).
When you submit a query and / or order to ZAZAAN, in respect of the Products, or give any delivery instruction or accept delivery of any of the Products, this shall constitute your unqualified acceptance of these Terms and Conditions, subject always to your statutory rights.
PRODUCT INFORMATION AND VARIATIONS
All available Products are listed and advertised on the Site, with corresponding prices, descriptions and assembly or care instructions.
While every effort is made to ensure that the Product you order/buy, including timber, fabric and leather products, corresponds as closely as possible to the sample shown in our stores or on the Website, slight differences may occur, which is largely as a result of the manner in which they are crafted and created. We regret that no responsibility can be accepted for these variations, which add to the unique characteristics of the Products.
To find out more about the unique characteristics, assembly directions and care instructions in respect of the Products, please refer to the listed ZAZAAN Product descriptions, assembly and care Instructions, available on the Site under the individual Product pages.
Where Products have to be assembled by yourself, after delivery, please note that such Products are accompanied by assembly instructions.
ZAZAAN does not hold itself liable for any accidents, incidents, losses, breakages or damages, that may occur during the assembly of the Product carried out by any person.
PRICE AND METHOD OF PAYMENT
The prices displayed on the Site in respect of the listed Products and / or any provided delivery costs will be quoted in South African Rands, which prices are valid and effective only in relation to the supply by ZAZAAN to persons in South Africa.
All prices displayed on the Site are inclusive of VAT but are exclusive of delivery costs which delivery costs will be provided to the purchaser once an order is placed and the address where delivery of the Product is required is indicated and provided.
Prices on the Site are subject to change without notification.
Please make contact with us using the email (insert) <firstname.lastname@example.org> should you wish to place an order in respect of Products requiring delivery and payment outside of South Africa and will provide you with a quotation in your local currency.
It is your responsibility to verify the correctness of all information on the order and related invoice.
Full payment of the purchase price and delivery charges in respect of any ordered Products will be required before the Product(s) will be delivered.
Ownership in the Product remains the property of ZAZAAN until the above payment is received in full.
All major credit and debit cards as well as EFT payments are accepted.
In the case of EFT payments, proof of payment must be forwarded to email@example.com.
Please allow three (3) business days for the receipt of EFT funds to be confirmed.
The Products will be released for collection or delivery only once the receipt of full Payment has been confirmed.
When making an EFT payment, ZAZAAN advises customers to be vigilant and confirm all relevant and necessary information before making payment. Should the payment be intercepted by fraudulent third parties, ZAZAAN shall not be liable for any loss suffered by the purchaser. Please be advised that ZAZAAN will not proceed with the contract of sale if we cannot confirm receipt of funds as a result of fraudulent interception.
Please retain your invoice as proof of purchase. Regrettably, no returns, exchanges or refunds will be considered without the production of the original invoice.
You will be provided with a quotation for all custom orders and back orders of the Products (collectively “special orders”). It is your responsibility to verify the correctness of all information on the quotation in respect of special orders before ZAZAAN places an order with its supplier or manufacturers.
For special orders, a deposit of 100% in advance is required before ZAZAAN places an order with its supplier or manufacturers.
You may not cancel an order for special orders prior to delivery.
In the event that the special order is cancelled, you will forfeit your deposit.
Lead time for special orders depends on the Product, its availability and performance by ZAZAAN’s suppliers or manufacturers. The anticipated lead time will be stated on the sales order, which will be an estimate only and will not be binding on ZAZAAN. ZAZAAN will however use its best endeavours to inform you of any delays.
While every effort is made to ensure that the special order Product you order/buy, including timber, fabric and leather products, corresponds as closely as possible to the sample shown and communicated to you, slight differences may occur, which is largely as a result of the manner in which they are crafted and created. We regret that no responsibility can be accepted for these variations, which add to the unique characteristics of the Products.
A FEE IS CHARGED FOR ALL DELIVERIES.
You will be charged for the cost of delivery which will be reflected on the appropriate quote or invoice in accordance with the prevailing ZAZAAN policy.
All risk in the Product shall pass to the purchaser upon delivery.
For more details on delivery and collection please refer to your email you will or have received upon placing your order on the ZAZAAN site.
CARE INSTRUCTIONS AND MAINTENANCE
Care instructions and maintenance advice regarding the use and application of Products are provided for all Products on the Site. Please consider them carefully as the sale of the Product is subject to such provisions.
In terms of our South African Consumer Laws, the Products are subject to a six (6) month statutory warranty. In terms of this warranty, we ZAZAAN warrant that:
- the Product is reasonably suitable for the purpose that it was generally intended for;
- the Product is of good quality, free of defects and in good working order; and
- the product will be durable and usable for a reasonable period, subject to fair wear and tear.
ZAZAAN will only be liable to honour the above warranty if the purchaser is able to show that:
- the defect existed at the time of delivery, collection and manifested during the six (6) warranty period;
- the defect did not arise due to normal wear and tear or misuse/abuse by the purchaser or user;
- the product concerned is used for the purpose intended and in a domestic environment and has not been subjected to commercial use. Commercial use is not warranted.
- the purchaser duly complied with the ZAZAAN assembly and / or care instructions;
- the purchaser or user provides the original invoice;
- the Product has been used or by the purchaser or user in accordance with the ZAZAAN’ or its suppliers’ specifications;
In the event of the above being shown and ZAZAAN as a result honours the warranty, then ZAZAAN will either repair or replace any faulty component or repair or replace the full Product, as the case may be, at its cost and expense, as per its returns policy below.
RETURNS POLICY, INCLUDING REPLACEMENT, REPAIRS AND REFUNDS
In terms of Section 44 of the Electronic Communications and Transactions Act, 25 of 2002 (ECTA) purchasers who purchase the Products on line using the Website will be entitled to cancel the transactions by giving ZAZAAN seven (7) days’ notice of such cancellation without reason or penalty, which is known as a “cooling Off” right and provided you are able to return the Product in its original unopened package, unused and at your own cost and expense to ZAZAAN. On receipt of the Product and provided it is unpackaged and unused, then ZAZAAN will refund to you the purchase price within thirty (30) days of receipt of the Product. The only cost levied against you will be the direct cost of returning the goods.
You furthermore in terms of the Consumer Protection Act 2008, (CPA) may return a Product if you have not had the opportunity to inspect the Product and upon inspection, you are of the view that the Product does not meet the type or quality reasonably expected, which return has to be done no later than ten (10) business days of delivery of the Product. ZAZAAN in such case will on receipt of the Product refund to you the purchase price within thirty (30) days of receipt of the Product.
You may return a Product which is found to be defective within the six (6) months statutory warranty referred to above, provided that it is returned soon after the defect appears and within six (6) months after delivery of the Product, free of charge, and provided further that you follow the returns procedure below.
Should you wish to a return a product, for one of the three (3) reasons referred to above, then you will need to log a return request by emailing firstname.lastname@example.org.
As you agreed to inspect the Product for defects or damage before accepting the delivery, you are required to submit photographic proof of the defect or unacceptability of the Product and provide in writing a full listing of the reasons for alleging that the Product is defective, or unacceptable including stating how the Product was utilised during the period that it was in your possession. THIS PROVISION IS NOT APPLICABLE WHEN TERMINATING IN TERMS OF s44 OF ECTA- i.e. for cooling off returns.
Should ZAZAAN be of the opinion that your Product is returnable we will contact you to arrange collection or advise you how you are to deliver same to our offices.
Once the returned Product has reached us, it will be inspected before the return/replacement / repair or refund is processed.
If you have proven that the statutory warranty has been breached, you may choose, store credit, repair or an exchange if possible.
If you have returned the Product within seven (7) days in terms of ETA or within ten (10) days if you have not had the opportunity to inspect the Product you will receive a refund.
ZAZAAN will evaluate any defect and honour warranties if:
- The defect existed at the time of delivery or collection and manifested during the warranty period;
- The defect did not arise due to normal wear and tear or misuse/abuse by the customer;
- The customer duly complied with the care instructions and maintenance.
Please take note that for public health reasons, we do not allow the return of linen and bathroom products. If, however, your linen and bathroom products arrive damaged we will refund through store credit or replace them when we are at fault.
DISCOUNTS, PROMOTIONS AND SALES
All Products which are offered at a discount will not include “Promo” or “Sale” items, unless otherwise specified.
All pricing can be confirmed using the ZAZAAN Website.
All special offers are subject to stock being available.
ZAZAAN shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
CARD ACQUIRING AND SECURITY
Card transactions will be acquired for (Your Company) via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
CUSTOMER DETAILS SEPERATE FROM CARD DETAILS
Customer details will be stored by (Your Company) separately from card details which are entered by the client on PayGate’s secure site.
For more detail on PayGate refer to www.paygate.co.za.
ZAZAAN takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website,
customer service and support, dispute resolution and delivery of goods.
ZAZAAN makes every effort to ensure that the information we provide is correct. However, we cannot be held responsible for any form of misprint or defect. Details of your order should be checked and confirmed by yourself when your order is placed and signed off. We do not hold ourselves responsible for any incorrect orders placed.
Should any of our Products contain an obvious error regarding the price displayed for the product, ZAZAAN will correct the error as soon as we have been notified of the error. ZAZAAN will not be bound by the incorrect price.
AMENDMENTS TO THESE TERMS AND CONDITIONS
ZAZAAN may, in its sole discretion, change any of these Terms and Conditions at any time.
It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes.
Should you not be satisfied, you must not place any further orders on, or in any other way use, The Site.
These terms and conditions will be governed by South African Law.