PAYMENT TERMS: Except upon the rare occasion where so
authorized in advance, full payment in a certified bank check or an
active credit card must be tendered (Visa, Mastercard or American
Express) prior to the start of any production.
On all order amounts under $5,000, the credit card provided will be
charged for the full amount of the invoice total immediately upon
acceptance of the order. If any adjustments or changes are required
to the final invoice because of changes in production or shipping, a
second processing will be created either for a credit or debit to
cover the change in the final invoice total.
On order amounts over $5,000, the card provided will be charged in
two stages: 1) immediately upon confirmation of the order in an
amount covering the price quoted for the blank apparel
products/accessories to be shipped to our production facilities;
then 2) upon completion of production and shipping of finished
product to the customer, in an amount covering the cost of
production and shipping plus any adjustments required for changes in
services or costs that differed from the contents of the original
price quote. Both of these charges will appear on your credit card
statement as Zoe Zen Creations.
In the rare circumstance where credit terms are offered, payment
must be tendered within 30 days, or interest charges will be
assessed at the highest rate allowed by law. Payment terms are only
offered with the express written consent of Zoe Zen Creations, and
will require the full completion of a credit application prior to
the granting of terms. In nearly all cases, net terms will not be
granted, as payment by credit card is the preferred method of
invoicing.
ALL ORDERS FINAL AS PLACED. Once confirmed by the customer,
either through verbal authorization, in writing or by electronic
transmission, all orders as submitted and processed via the web
site, email, phone, fax or mail are final. Any changes requested to
be made to an order after confirmation is received will be charged a
$15 change order fee, and most likely will require a change to be
made to the schedule and completion dates for production.
Once confirmed, any errors, inaccuracies or omissions made during
the placement and/or production of an order shall be the sole
responsibility of the Customer.
No cancellations of orders will be accepted after receipt of
confirmation, except with the express written consent of Zoe Zen
Creations. If consent to cancellation is provided, Customer will be
invoiced $50 plus the cost of all labor and materials provided prior
to the consented cancellation notice. Invoiced amounts will be
billed as detailed under the Payment Terms.
An overrun or underrun within 5% of the original order will be
considered acceptable for the completion of that order, with the
final quantity provided used to adjust the billed total to the
Customer.
Zoe Zen Creations and its partners, vendors and assigns assumes no
responsibility for researching or authenticating the rights held by
any Customer to any trademark, as it relates to any design or logo
reproduced on behalf of a Customer. Any and all liability for any
act of trademark infringement rests with the Customer, and Customer
shall indemnify Zoe Zen Creations against any and all actions
resulting from trademark issues.
Standard production times are posted on the Art Policy pages for
screen printing and embroidery.
Due to the variations inherent in the processes used in producing
screen printed and embroidered designs, Zoe Zen Creations assumes no
responsibility and makes no guarantees regarding exact color matches
of product or production, either within an order or in a reorder.
Note that like-named colors used by apparel manufacturers are not
necessarily an exact shade match.
Once confirmed and produced, all invoices for product and services
will be charged and billed to the customer regardless of
circumstance. If a production error is made and acknowledged by Zoe
Zen Creations in writing, then corrected replacement goods will be
provided to the Customer by Zoe Zen Creations once the goods shipped
in error have been returned to the authorized return address
supplied.
ERRORS AND RETURNS. Unless a clear production error has been
made by an employee or contractor of Zoe Zen Creations that is in
obvious conflict with the specifications provided on the confirmed
production order, no returns of decorated merchandise will be
accepted. Zoe Zen Creations retains the sole and complete discretion
to authorize (or refuse to authorize) the return of any product
purchased by Customer. ANY AND ALL RETURNS MUST BE PRE-AUTHORIZED BY
THE
Zoe Zen Creations! THIS PRE-AUTHORIZATION IS ONLY COMPLETE UPON
PROVISION OF A RETURN AUTHORIZATION NUMBER AND RETURN SHIPPING
ADDRESS!
To receive a Return Authorization Number, please email us at
returns@zoezencreations.com or call 954-254-5408
Any replacement goods requested by the Customer for orders already
completed and for which Zoe Zen Creations does NOT acknowledge a
production error will require the Customer to place a new
production order with Zoe Zen Creations. No replacement goods will
be provided unless Zoe Zen Creations clearly states so in writing.
Further, if a production error is made and acknowledged by Zoe Zen
Creations in writing, then corrected replacement goods will be
provided to the Customer once the goods shipped in error have been
returned to the authorized return address supplied.
In the case of an order cancellation prior to production, all
returns of undecorated product to the mill or distributor from
which it was secured (if requested prior to production) will incur
a 20% restocking fee (with a minimum restocking fee of $5.00)
unless a shipping or inventory error is acknowledged IN WRITING by
Zoe Zen Creations.
All returns must be made to the specific warehouse from which the
product was originally shipped, as is directed/provided by Zoe Zen
Creations. Therefore, Customer shall be required, prior to making
any and all returns, to prominently write a Return Authorization
Number on the box in which the product is to be returned, along
with the proper return shipping address. Again,
Zoe Zen Creations shall provide both the Return Authorization
Number and the return address to the Customer prior to return
shipment.
The amount charged for the outbound shipping of the product(s) to
the Customer is not refundable under any circumstances. The cost
of return shipping back to the return address provided by
Zoe Zen Creations (i.e. all return freight and/or delivery
charges) is the responsibility of the Customer unless specifically
waived IN WRITING and in advance of such return by the
Zoe Zen Creations. Returns will only be accepted for goods that
have not been worn, washed or altered in any way, and only if the
product is in the same new and unblemished condition as when it
was shipped.
Further, no returns will be authorized or accepted for any
products unless a Return Authorization request is made by the
Customer within 24 hours after delivery of the goods to Customer.
Defective products must have tape placed over flaw before
returning. Refunds will be issued at the invoice price of the
returned goods less the restocking fee, and will not include a
refund or credit for any shipping charges. All refused and/or
unclaimed shipments are also subject to a 20% restocking fee (with
a minimum restocking fee of $5.00) in addition to any and all
transportation charges for the return of the product.
DO NOT RETURN ANY MERCHANDISE TO THE
Zoe Zen Creations P.O. BOX LISTED ON THE PACKING SLIP! Any return
made to the
Zoe Zen Creations P.O. Box or administrative headquarters without
written pre-authorization will be refused and/or held by the
Zoe Zen Creations; the products will not be credited to the
Customer nor returned to inventory since the P.O. Box and the
administrative offices are not adjacent to any of the inventory
warehouses. Any returns made to the P.O. Box will not be forwarded
or shipped to the proper location unless and until shipping fees
are paid to
Zoe Zen Creations in advance for this forwarding.
SHORTAGES. Any product shortage found by the Customer
requires notification to our headquarters within 24 hours of
delivery receipt. Notice of shortage may be made by phone, email
or fax. Every effort will be made to ship missing items within 48
hours of notification and acknowledgement by the
Zoe Zen Creations of such shortage. All shipments of missing
product shall be sent UPS Ground; no overnight shipping or rush
processing will be provided to replace missing inventory. Failure
to notify the
Zoe Zen Creations within 24 hours of delivery receipt will act as
Customer's agreement and acknowledgement that all goods ordered by
Customer have been received by the Customer in full and in good,
usable and/or merchantable condition.
SUBSTITUTIONS. If any of the product colors or sizes
ordered by the Customer are not in inventory at Zoe Zen Creations
warehouses located throughout the USA, the
Zoe Zen Creations reserves the right to substitute similar colors
or sizes at its sole discretion. Typically, the
Zoe Zen Creations will not substitute style numbers but reserves
the right to do so when the styles ordered are nearly identical to
a suitable replacement style.
If no suitable product substitution is available for shipment, an
email notice concerning this unavailability of product will be
sent to the Customer (generally within 24 hours of submitting the
original order, but no such guarantee of this time frame is made).
Said email will request instructions from the Customer on how to
proceed with the order (e.g. request for different style,
cancellation of order, etc.). The original order submitted by
Customer will be placed on hold by
Zoe Zen Creations until such instructions are received from the
Customer via email, fax or phone.
If less than half of the goods ordered are not available in
inventory from
Zoe Zen Creations' warehouse network and no suitable substitute
product is available, then those product pieces that are available
as set forth in the Customer's order will be shipped as directed
and the items not then available in inventory will be eliminated
from the order and the purchase price amount will be adjusted
(i.e. the order will be filled with the product available and the
purchase price adjusted for the non-available items). If more than
half of the goods ordered are not in inventory, the entire order
will be placed on hold until instructions are provided by Customer
with regards to Customer's wishes regarding substitution of
product(s) or cancellation of the order submitted by Customer.
SHIPPING.
Zoe Zen Creations will attempt in all instances to use the least
expensive method of shipping finished product to the Customer. If
a deadline is provided to
Zoe Zen Creations by which the product must be received by the
Customer, then the method of shipping may require the use of
expedited Overnight or Second Day shipping to meet that deadline.
Zoe Zen Creations reserves the right to select these expedited
methods of shipping when a deadline is listed, and the Customer
agrees to pay for the additional costs involved with said
expedited shipping. IF EXPEDITED SHIPPING IS NOT TO BE USED, THEN
CUSTOMER MUST MAKE A NOTATION ON HIS OR HER ORDER STATING THAT
ONLY STANDARD GROUND SHIPPING SERVICES ARE TO BE USED REGARDLESS
OF SHIPPING DEADLINES.
Zoe Zen Creations is not responsible for loss or damage of
products in transit. Customer will be responsible for checking
shipment upon delivery for total product count and condition. Any
shortage in total product count or evidence of damage to goods
must be noted and reported to the carrier's office. All claims
must be filed with the carrier within 24 hours from the date of
loss or damage.
LIMITATION ON DAMAGES.
Zoe Zen Creations will not be liable for any loss of profit,
interruption of business or any other special, consequential or
incidental damages suffered or sustained by Customer. Any and all
damages incurred by Customer (or allegedly incurred by Customer)
shall, in any and all cases, be limited to the refund of the
purchase price of the product purchased by Customer (provided that
all of the terms and conditions herein are satisfied).
Further, by placing an order for products through
Zoe Zen Creations.com, Customer acknowledges and understands that
Zoe Zen Creations is not the manufacturer of any product purchased
by Customer and - that
Zoe Zen Creations' role is that of an authorized distributor of
the products available for purchase on the
Zoe Zen Creations website. As such,
Zoe Zen Creations HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS
WITH REGARD TO ANY PRODUCT SO PURCHASED, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF USE, MERCHANTABILITY AND/OR FITNESS
FOR A PARTICULAR PURPOSE.
In no event shall
Zoe Zen Creations be liable for any direct, indirect, punitive,
incidental, special, consequential damages or any damages
whatsoever including, without limitation, damages for loss of use,
data or profits, arising out of or in any way connected with the
any product offered for sale on this web site, or otherwise
arising out of the use of this site, whether based on contract,
tort, negligence, strict liability or otherwise, even if
Zoe Zen Creations has been advised of the possibility of damages.
Because some states/jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages,
the above limitation may not apply to the Customer.
CHARGE-BACK FEES. Customer understands and agrees that all
products purchased, produced and shipped are considered a final
sale for which no refunds will be given or provided except as
expressly provided herein. As such, Customer agrees and
acknowledges that by purchasing any product from
Zoe Zen Creations, Customer shall be solely responsible for and
shall bear (and/or reimburse)
Zoe Zen Creations for any charge-backs or fees issued to
Zoe Zen Creations from any credit card company, merchant bank or
other source of payment that is issued at the request of the
Customer outside of the expressly provided methods of return.
Stated another way, should Customer request a refund or charge
cancellation from any credit card company, merchant bank or other
source of payment processing against the purchase of
Zoe Zen Creations products, and should said card company, merchant
bank or other source thereafter impose any fee or direct any
charge back fee or amount to
Zoe Zen Creations at the request of said Customer, Customer shall
reimburse
Zoe Zen Creations for the amount of said charge back fee and the
initial purchase amount (the "total amount"). By purchasing any
product from
Zoe Zen Creations, Customer expressly authorizes
Zoe Zen Creations to direct the stipulated payment/charge to be
made to Customer's credit card account (the same being the credit
card account used in the initial purchase of said product) in the
amount of said "total amount" to
Zoe Zen Creations for such reimbursement, plus a twenty-five
percent (25%) administrative fee to cover the costs and time
involved with this process. Customer acknowledges and agrees that
the policy set forth in this paragraph provides for reimbursement
to
Zoe Zen Creations for fees incurred, is fair and reasonable and is
not a penalty clause or provision.
ACKNOWLEDGEMENT AND AGREEMENT TO TERMS AND CONDITIONS. The
Terms and Conditions of contained herein are the exclusive terms
and conditions for the sale of products from
Zoe Zen Creations to Customer through
Zoe Zen Creations.com or other
Zoe Zen Creations web sites. Customer agrees that the terms and
conditions stated herein constitute the final, complete, exclusive
expression of the agreement between
Zoe Zen Creations and Customer. Customer, by submitting any order
or request for an order, hereby agrees to the terms and conditions
set forth herein and acknowledges that Customer has read and
understands the same. In the event that any Customer instruction,
request, purchase order or any other information and/or
documentation submitted by Customer may contain terms and
conditions in addition to or different from the terms and
conditions herein, Customer agrees, by so submitting its order or
by accepting products from
Zoe Zen Creations, that the language of the
Zoe Zen Creations terms and conditions shall solely and
exclusively control. Any and all new or additional terms contained
on any Customer instruction, request, purchase order or any other
information and/or documentation submitted by Customer is hereby
expressly and completely rejected. Acceptance of Customer's order
for products from
Zoe Zen Creations and
Zoe Zen Creations.com is expressly limited to these terms and
conditions. By submitting an order, requesting to purchase any
product, or taking receipt of
Zoe Zen Creations products, Customer consents to the exclusive
jurisdiction of the state and federal courts located in the State
of Florida.
If Customer does not wish to be bound by these Terms and
Conditions, Customer should not submit any order or make any type
of purchase and should exit all web sites related to Zoe Zen
Creations now!