By clicking submit you are agreeing to the following terms: Wholesale Terms & Conditions All sales made by Zenzele ("Seller") to you ("Customer") are governed by these Terms and Conditions of Sale unless otherwise indicated by Zenzele in writing. PLEASE READ THESE TERMS AND CONDITIONS THOROUGHLY BEFORE PLACING AN ORDER. DO NOT PLACE AN ORDER UNLESS YOU UNDERSTAND THESE TERMS AND CONDITIONS AND AGREE TO ABIDE BY THEM. Zenzele RESERVES THE RIGHT TO AMEND OR MODIFY THESE TERMS AND CONDITIONS OF SALE AT ANY TIME AT ITS SOLE DISCRETION. Payment Terms Zenzele accepts Visa/Mastercard, American Express, Paypal, checks and money orders. Customer will be charged a $25 service charge for any returned check. Orders will be charged in full before shipment, even if multiple shipments may occur. Shipping Customer is responsible for all shipping and freight charges. Orders are shipped within 14 business days via UPS Ground. Shipping can be billed directly to your UPS account. Inventory will fluctuate on seasonal items. Orders are normally shipped by UPS or Federal Express. Zenzele will ship using a carrier designated by customer upon request. However, if a carrier designated by customer charges Zenzele for such charges due to the customer having an invalid or delinquent account, the amount of such charge plus a $25.00 handling fee will be billed to customer and payable upon receipt. Zenzele will not be responsible for shipping delays caused by a carrier. Shipping charges may be billed separately on credit card orders. Notice of Defects Customer is responsible for inspecting the merchandise upon receipt. Customer shall notify Zenzele in writing WITHIN 7 DAYS OF CUSTOMER’S RECEIPT OF THE MERCHANDISE of any claims for damages resulting from late delivery or any defect in the merchandise discovered by Customer, including, without limitation, claims related to shortages, quality, or specification. Zenzele shall not be responsible for shortages when shipments are directed to a third party other than Customer. UNDER NO CIRCUMSTANCES WILL Zenzele ACCEPT CLAIMS OR RETURNS OF MERCHANDISE WHICH HAS BEEN ALTERED OR MODIFIED IN ANY MANNER (DYED, PRINTED, EMBROIDERED, RELABELED OR THE LIKE). Zenzele shall not be responsible for fallout or loss which occurs during the garment dye process. Zenzele urges Customer to periodically test the merchandise for dyability, printability and other decoration techniques. Returns and Cancellations Authorized returns and exchanges must be made within 7 days after Customer’s receipt of merchandise. All returns and exchanges will be subject to a 15% restocking fee in addition to freight and COD charges. Zenzele’s written authorization must accompany all returned merchandise. No order can be cancelled once it has been entered into production. Customer will be responsible for all freight and shipping charges on items returned that are not the result of Zenzele’s error. Send your return to us via UPS or Federal Express at: Zenzele 1576 Centra Villa Dr. Atlanta. GA 30311 Customer will receive a credit posted to their account for any such return once it is received and checked in by Seller’s warehouse. Please allow 5-7 days for credit posting. Customer Acceptance of Late or Defective Merchandise Customer’s failure to provide written notice of a claim, as set forth in these Terms and Conditions of Sale, shall constitute a waiver of any claim Customer may have for damages resulting from such defects, including late delivery. DISCLAIMER OF WARRANTIES Zenzele CANNOT GUARANTEE VARIANCES IN COLOR, SHADE, SIZE AND CONSTRUCTION OF STOCK MERCHANDISE. Zenzele HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED FROM ANY AND ALL TRANSACTIONS BETWEEN CUSTOMER AND Zenzele AND SHALL NOT APPLY TO THE MERCHANDISE SOLD BY SELLER. LIMITATION ON LIABILITY CUSTOMER ACKNOWLEDGES THAT Zenzele SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF Zenzele HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR PERSONAL INJURIES OR DEATH RESULTING FROM USE OR SALE OF THE Zenzele’S MERCHANDISE. Jurisdiction/Governing Law Zenzele is headquartered in the State of Georgia, United States of America. These Terms and Conditions of Sale shall be governed by and interpreted under the laws of the State of Georgia (without regard to its conflicts of laws principles) and the federal laws of the United States of America. If any provision of these Terms and Conditions of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Use, which shall remain in full force and effect. Customer expressly agrees that exclusive jurisdiction for any dispute with Zenzele, or in any way relating to these Terms and Conditions of Sale, resides in the courts of the State of Georgia and you further agree and expressly submit to the personal and exclusive jurisdiction of the courts of the State of Georgia in connection with any such dispute including any claim involving the merchandise or Zenzele or its affiliates, subsidiaries, employees, contractors, officers, directors. Force Majeure Neither Buyer nor Zenzele shall be liable to the other for delays in performance of its obligation hereunder caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party's control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms and Conditions of Sale, in whole or in part. Miscellaneous These Terms and Conditions of Sale constitute the entire agreement between Zenzele and Customer, superseding any prior agreements between Customer and Zenzele. The failure of Zenzele to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions of Sale must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions of Sale are for convenience only and have no legal or contractual effect.
