TERMS AND CONDITIONS
This website is operated by Zen Space Desks. Throughout the site, the terms “we”, “our”, “us” and “the Company” refer to Zen Space Desks. Zen Space Desks offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
The www.zenspacedesks.com.au website is fully owned and operated by Zen Space Desks Pty Ltd.
The term “the Customer” refers to anyone making an order, purchase or request therefor from the Company.
a) Any purchase order is subject to acceptance by the Company. Acceptance thereof will be communicated via our online store or, if dealing outside of the store with one of Zen Space Desks sales representatives, acceptance will be communicated within 2 business days of receipt of an executed copy of the purchase order.
b) Upon acceptance, this purchase order will become a binding agreement between the Customer and Company.
c) After Acceptance, if the Customer wishes to cancel or vary the order, the Customer shall be liable for any costs of manufacture incurred by the Company up to the time that the Company has received notice of and acknowledged the Customer’s intent to cancel.
2. PRICE & PAYMENT
a) The price of any item or service is the price indicated on our online store via zenspacedesks.com.au or via a quotation provided by one of Zen Space Desks’ Sales Representatives, unless otherwise expressly stated in writing by a Zen Space Desks’ sales representative.
b) The Company reserves the sole right to change the Price in the event of a variation to the quotation.
c) The Customer shall not be entitled to make any deduction in respect of the price of any product or service from the Company relating to any set-off or counter claim by the Customer against the Company.
3. DELIVERY AND RISK
a) Delivery of goods shall be affected by the Company to the Customer:
i) subject to availability; and
ii) without any liability on behalf of the Company for any delays.
b) Once the goods have been delivered by the Company to the site of the Customer, all risk in and to the goods shall pass to the Customer.
c) The cost of freight may vary, depending on delivery location. By placing an order, you accept that Zen Space Desks may contact you to discuss freight should your delivery address be in a regional or remote location. We suggest you, if you live in a regional or remote location, contact Zen Space Desks via email or phone to get an accurate freight cost prior to placing your order.
4. CLAIMS, DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
a) All claims for any damage and/or defect(s) in the goods purchased by the Customer must be made to the Company in writing within 3 days of the date of delivery of the goods, otherwise the goods are deemed to be accepted and in good order and condition.
b) Our goods come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure. You are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality, or due to a technical issue.
c) Zen Space Desks aims to ensure all our clients are satisfied with our products. Please contact us if you have any issues and we will do our best, within reason, to rectify any issues.
5. RETENTION OF TITLE
a) Possession of goods from the Company shall pass to the Customer at the time of delivery. Notwithstanding the above, title and ownership of the goods shall only pass to the Customer when the Customer has paid the Company all that is owing to the Company in respect of the goods. Until such payment is made in full, the Customer holds the goods as bailee for and on behalf of the Company.
b) In the event Zen Space Desks grants credit to a customer where a larger order is placed; If the Customer fails to pay for the goods on time, such event shall entitle the Company, its servants or agents to retake possession of the goods and for that purpose the Company shall be entitled to enter upon the Customer’s premises to retake possession of the goods without being liable for trespass. The Customer shall nevertheless be liable for any and all amounts still due to the Company by the Customer less the value of the goods that the Company attributes to the goods at the time of such repossession. The Company’s determination of the value of the goods at that time shall be prima facie evidence of the fair market value of the goods at that time.
c) Until the goods are paid for in full, the Customer shall:
i) keep the goods on behalf of the Company fully insured against loss, damage and destruction;
ii) keep the goods clearly identifiable; and
iii) not grant any charge or mortgage over the goods, or otherwise encumber the goods.
d) If the Customer sells the goods for which it has not made payment, it does so as the Company’s agent and the proceeds of sale are held by the Customer on trust for the Company and the Customer will hold them in a separate account pending its accounting to the Company. The Customer must notify any financier or third party in favour of whom it grants a charge over the assets of its business that all of the Company’s goods which have not been paid for by it do not constitute the Customer’s property. Such financier or third party will be deemed to be subject to the Company’s retention of title until the Company’s goods are paid for in full.
a) Should it become necessary for the Company to institute legal action for recovery of any amounts due to it by the Customer, then the Customer specifically acknowledges and agrees that it shall be liable to the Company for all directly and indirectly related legal costs incurred by the Company.
a) The Terms and Conditions of Trade may not be altered without our express prior, written consent. Any alterations must be clearly marked and agreed to.
b) The Customer’s non-adherence of any of the terms set out above does not in any way constitute an acceptance on our part or a waiver of the Company’s rights. These Standard Terms of Sale will be interpreted according to the laws of Queensland and the courts having such jurisdiction in Queensland. If any provision of the Terms and Conditions of Trade shall at any time become void, voidable or unenforceable, all remaining provisions shall nevertheless continue to be of full force and effect.
c) These Terms of Sale offered by Zen Space Desks Pty Ltd are the only Terms of Sale offered and are not overridden or superseded by any other Terms which the Customer may add or append to their Purchase Order. Any additional terms attached to a Purchase Order are not agreed and will not be read by Zen Space Desks Pty Ltd staff, as there has been no allowance in any quote given for any additional costs in time or fees, or any other costs in assessment, or delivery of goods, or retention or late payments, or any other additional unquoted costs, or any Terms which the Customer may attach to their Purchase Order.
8. THIRD-PARTY LINKS
a) Certain content, products and services available via Zen Space Desks may include materials sourced from third parties.
b) Third-party links on this site may direct you to third-party website that are not affiliated with Zen Space Desks. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or website.
c) Please review the third-party’s policies and practices carefully, and make sure you understand them before you engage in any transaction.
d) Any complaint, claim, questions, concerns, or feedback regarding third-party products should be directed to the third-party.
9. IMAGES, COPYRIGHT, LICENSING AND USAGE
a) Images used in this website are for general reference only.
b) All photographed images and illustrations, and all other writing and content on this website are the property and copyright of Zen Space Desks Pty Ltd. Images and website content owned by Zen Space Desks and managed by it are protected under Australian and international copyright laws. No images or content, or their parts may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical or otherwise without prior written permission from Zen Space Desks. Zen Space Desks is assertive in pursuing circumstances where it perceives the copyright of its work has been breached and where it perceives the law has been broken.
c) All Zen Space Desks images and content requested and purchased through it are offered on an individual licence basis and are non-exclusive. The copyright of the image is always retained by Zen Space Desks. The licences serve to protect the rights of Zen Space Desks. When an image is licensed, there will be standard terms and conditions of use outlined with your specific usage rights. This takes effect once the licence has been agreed, with the full Zen Space Desks licensing and purchasing terms. Please contact Zen Space Desks should you require these terms or further information.
d) When images or content are licensed by Zen Space Desks, the usage is specified on the invoice and cannot be used for any other purpose and may not be transferred by you to a third party (including secondary rights) or publication without further agreement by Zen Space Desks. The licence will state the media use, duration rights and the territories for the usage. Reproduction of an image may only take place once licence terms have been agreed and a licence granted, and all confirmed in writing. Following Zen Space Desks’ permission to use an image or content, all images or content must be destroyed after use or on expiry of the licence term and must not be stored beyond this date unless our express permission is given in writing. Any use of images not abiding to these conditions will be considered as a breach of these terms and an infringement of copyright. As a result, Zen Space Desks reserves the right to claim any damages that this incurs.
e) By downloading images or any content from our website, either as a new payment or with an agreed pricing arrangement with Zen Space Desks, you are agreeing to Zen Space Desks’ non-transferrable Licensing and Purchasing Terms, which accompany all downloaded files and products, and outlines the terms and conditions of the licence.
f) A fee is generally payable to license any rights-managed image or content. The fee is based on how the image is going to be used. This will be calculated by such factors as the media use, the reproduction size and position, period of use, size of print run and distribution territory. Zen Space Desks calculates this fee by relying in good faith on the information provided by the licensee. Incorrect information can lead to a surcharge on the originally agreed fee and may lead to a cancellation of the licence. If an invoice issued by Zen Space Desks for the usage fee is not paid in full by the terms of the invoice, the licence will be cancelled, and non-payment will be considered as a breach of these terms. As a result, Zen Space Desks reserves the right to claim any damages that this incurs. Images may not be re-sold, rented or reassigned by you and any third-party use must be agreed by Zen Space Desks under licence in accordance with these terms.
g) The rights to alter any image or content rests with Zen Space Desks and its opinion and express must be sought and agreed to on any alteration request.
h) All images must be reproduced with or in the spirit of an accompanying caption. If there is any doubt by the licensee, then verification should be sought before publication.
i) With all editorial rights-managed images, the copyright holder/photographer should be credited with any reproduction of their work. The credit line should read ©Zen Space Desks. The preferable location for this credit line is immediately adjacent to the image or in the acknowledgements or credits section. For all commercial and advertising uses, Zen Space Desks requests that the licensee would use reasonable effort to provide the same credit line. Failure to do so may incur an additional charge of 20% of the original licence fee.
j) Zen Space Desks requests at least two copies of any publication featuring an image reproduction upon publication.
k) The licensee is responsible for clearing all necessary permissions from third parties, be they people, buildings, art, artistic craftsmanship, animals, which may include trademarks, personality rights, property rights, fine art rights, etc. The licensee shall indemnify and hold Zen Space Desks harmless against any and all claims, liability, damages, costs and expenses (including reasonable legal fees and expenses) arising out of the use of any images for which:
i) no release was furnished by Zen Space Desks in writing,
ii) the use of any images exceeds the scope of the release provided by Zen Space Desks.
The licensee will also indemnify and hold Zen Space Desks harmless against all claims, liability, damages and expenses (including reasonable legal fees and expenses) in connection with any third party claim arising out of the use of the images and content, including, but not limited to, defamation, right of privacy, right of publicity and obscenity claims. Zen Space Desks’ liability for all claims shall not exceed in any event the total amount invoiced per particular image. Zen Space Desks makes no representation or warranty with respect to the use of any names, trademarks or works of art depicted in any image or the accuracy of captions accompanying any images.
10. COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
a) By making any suggestions, proposals, plans, ideas, or other materials made to Zen Space Desks, whether online, in writing, by email, or to our contact page, by postal mail, or via one of our Social Media platforms, you agree that we may, at any time, without restriction, edit, copy, publish and distribute and otherwise use in any medium.
b) We are under no obligation to maintain comments in confidence, to pay compensation for any comments or to reply to any comments.
c) We reserve the right to edit or remove content that we determine rude, unlawful, offensive, obscene or for any other unstated reason.
11. CONTACT INFORMATION
a) Questions about our Terms of Services should be sent to us at [email protected]
12. RETURNS & REFUNDS
a) Zen Space Desks does not, under any circumstances, accept returns for changes of mind..
b) Please refer to ‘CLAIMS, DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY’, above for all warranty information.
a) When purchasing any product from Zen Space Desks, the Customer agrees to accept delivery of the product. If you are not able to accept delivery you must advise Zen Space Desks before any delivery is attempted.
b) Any and all failed delivery attempts made by a courier will result in the goods being held by the courier. You will be notified upon a failed delivery attempt and will need to contact the courier via the supplied information to re-arrange delivery or pickup from the courier’s depot.
c) We will make reasonable attempts to contact you before delivery to ensure you are able to accept the product.
14. GOVERNING LAW AND JURISDICTION
a) This agreement is governed by the laws of Queensland, Australia whose courts are the courts of exclusive jurisdiction. This agreement will not be governed by the United Nations Convention on contracts for the international sale of goods or any other similar convention or laws, the application of which are expressly excluded, save for infringement of copyright or non-payment of our invoices where it will be non-exclusive.
1. WHAT DO WE DO WITH YOUR INFORMATION?
a) When you purchase products from our store, as part of the buying and selling process, we collect all required personal information from you such as your name, address, and contact details.
b) When you browse our store, we automatically receive your computer’s internet protocol (IP) address in order to provide us with information about your browser and operating system that helps to ensure any problems with the website are immediately dealt with by our IT department.
c) Email marketing (if applicable) – with your permission, we may send you emails about our new store, specials, promotions, new products and other relevant updates.
2. HOW DO YOU GET MY CONSENT?
a) When you provide us with personal information to complete a transaction, verify your credit card, place an order or arrange for a delivery, we imply that you consent to our collecting of it and using it for that specific reason only.
b) If we ask for a secondary reason, such as marketing, we will ask you directly for your express consent and will provide you with an opportunity to say yes or no.
3. HOW DO I WITHDRAW MY CONSENT?
a) If, after you opt-in, you change your mind, you may withdraw your consent for us to contact you at any time. Please contact us at [email protected]or mail us at:
Zen Space Desks
Unit 1, 238 Lytton Road,
Morningside, Queensland 4170
a) We will not disclose any of your information securely stored behind firewalls, except in the below circumstances.
b) If required by law to disclose your information, or if you violate our Terms and Conditions, we may disclose such information.
a) Our online payment gateway is hosted by PayPal. All your credit card and personal information provided to PayPal is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
6. THIRD-PARTY SERVICES
a) Any information collected by third-party providers will not involve Zen Space Desks. We suggest referring to their Terms & Conditions, and Privacy Statements.
b) This includes links to any third-party websites via our website.
QUESTIONS AND CONTACT INFORMATION
If you would like to contact us, access information provided to use, amend or delete any personal information we have about you, or simply want more information please contact us at [email protected] or by mail at:
Zen Space Desks
Unit 1, 238 Lytton Road,
Morningside, Queensland 4170
Zen Space Desks Pty Ltd
ABN: 17 613 855 502