1. In these terms and conditions, the following words and phrases will have specific meanings as described below:
a) "You" or "Your" refers to the customer who requests delivery services from Zoleni Instant Delivery Service, including any employees, agents, or subcontractors who are acting on their behalf.
b) "We", "Our", or "Us" refers to Zoleni Instant Delivery Service, the provider of delivery services.
c) "Consignment" refers to any item or items that we carry for you from one location to another, including any packaging or packaging material..
d) "Dangeroendangers the health and well-being of others. This includes pyrotechnics (but is not limited to them), radioactive materials, and items that require specialized handling or treatment during transportation.
e) "Proof of delivery" refers to the signature or company stamp obtained from the recipient of the consignment, acknowledging that they have received the item(s) in good condition. This serves as evidence of delivery and proof of receipt of the consignment by the recipient.
2. These terms and conditions outline the rules under which Zoleni Instant Delivery Service operates and take precedence over any previous agreements between the customer and the company. These terms cannot be altered or modified unless a written agreement is reached with one of the company's directors. These also override any terms and conditions the customer may try to impose on their suppliers.
3. Zoleni Instant Delivery Service is not a common carrier and reserves the right, at its discretion, to:
a) Subcontract any part or all of the delivery using the services of another person, company, or firm, who will also have the power to subcontract.
b) Refuse to accept any consignment or part thereof for delivery.
c) Refuse to accept dangerous goods for delivery.
4. By requesting delivery services from Zoleni Instant Delivery Service, the customer is deemed to have accepted these terms and conditions.
5. The company's liability towards the customer is limited, as outlined below.
6. These terms are meant to be reasonable for both parties and if any part of them is found to be unenforceable or void by law, it will not affect the rest of the terms.
7. If either party chooses not to exercise their rights as outlined in these terms, It will not be deemed a future waiver of these rights.
8. This agreement between the customer and Zoleni Instant Delivery Service is governed by English law, and any disputes will be resolved in English courts.
9. Sometimes, the delivery service provider reserves the right to refuse to accept a consignment for delivery or any part of it. If the provider suspects that the terms of the agreement have been breached (for example, if they believe that dangerous goods are present), they may inspect the consignment.
10. The delivery service provider can choose any method or route for delivering the consignment, including using subcontractors or agents. This does not affect the Client's rights, and the subcontractors or agents used by the delivery service provider cannot have a greater liability to the Client than the delivery service provider itself. The delivery service provider and Client enter into this agreement with the understanding that the subcontractors or agents are subject to the same liability limits as outlined in these terms.
11. The delivery service provider will make reasonable efforts to deliver the consignment within the requested time frame, but unless they agree in writing before accepting the consignment, they will not be liable for any loss or expenses incurred by the Client if the consignment is not delivered on time.
12. In the event that the delivery service provider fails to deliver the consignment by the requested time and items given in paragraph 21 did not cause the delay, they will reduce their charge to reflect the actual level of service provided
13. The delivery service provider will take all reasonable steps to obtain proof of delivery at delivery time. Unless the recipient indicates otherwise, this proof of delivery will be considered conclusive evidence that the shipment was delivered in complete and in excellent condition. The delivery service provider will not be held liable for any loss or wrong delivery if the delivery was made in good faith to a person claiming to be the recipient or an employee, subcontractor, or agent of the recipient.
14. If the Client requires proof of delivery after delivery, the delivery service provider will try to provide this, provided the request is made within 14 days of the dispatch date—requests made later than this will be handled at the discretion of the delivery service provider. Payment for the delivery service provider's charges will not be contingent upon the Client receiving proof of delivery, and the Client cannot delay or withhold payment while waiting for proof of delivery, regardless of when the request was made.
15. Regarding delivery documentation and proof of delivery, we will retain the original hard copy documents we have obtained or any other related documentation for at least six months from the collection date. After this period, we may dispose of these items without informing or obligating you.
16. We will make one attempt to deliver the consignment to the designated address. If we cannot deliver your shipment, we will either make a second attempt, deliver to an alternate address you provide, or return the package to you. Any alternatives will be at your expense, but we will contact you beforehand to discuss the best option. We'll contact you for further instructions if the delivery cannot be delivered.
17. If the delivery of the consignment cannot be completed, we will provide you with a notice of 10 days indicating our intention to sell or dispose of the consignment. Any profits from the sale (after deducting expenses) or costs from disposal will be applied to your account with us.
18. We may hold onto your consignments until all outstanding amounts owed to us have been paid, even if these amounts do not relate to the held items. In such a case, we may sell the held items after providing you with written notice of 14 days. After deducting expenses, any profits from the transaction will be credited to your account with us.
19. If we are required to sign to acknowledge the collection of your consignment, this signature should not be considered evidence of the condition of the goods. Suppose we are waiting or loading for longer than 15 minutes at the collection or delivery address. In that case, we may charge you an additional fee based on our standard hourly rate for the relevant vehicle.
20. We will not be held responsible for any indirect or economic losses or damages you or any third party suffered. Replacement costs are the sole extent of our liability or repair of the goods in the consignment and are subject to the limits and conditions outlined below.
21. Liability for Loss or Damage to Consignment and Delay or Delivery: Our company will not be held responsible for any loss, damage, or delay in delivery of the consignment if the following reasons cause it:
a) Acts of war, terrorism, riots, strikes, lockouts or similar actions.
b) Natural disasters such as floods, adverse weather conditions, or extreme weather.
c) Seizure or detention by any government authority.
d) Incorrect or insufficient address information provided on the consignment note or manifest, including any omissions or ambiguities in the information provided by the customer.
e) Incorrect or insufficient packaging of the consignment.
f) Natural wastage of perishable or fragile consignments.
g) Traffic congestion or delays.
h) Any other event outside of our reasonable control.
22. Liability Limits: If the loss or damage is due to our fault, our liability to the customer will be limited as follows:
a) Up to $10,000 per vehicle for same-day delivery.
b) Up to $100 per consignment for next-day delivery.
c) Up to $100 per consignment for international delivery.
If these limits are insufficient for the customer's needs, we can provide additional insurance coverage on individual consignments for an extra charge. The customer must notify us in writing before collection and agree to pay the additional fee. Alternatively, we can provide additional blanket coverage on all consignments for an additional charge, which must be agreed upon in writing before any extra coverage is in place.
23. Liability Exclusions: Our company will not be responsible for loss or damage to consignments that cannot be transported within the lockable equipment generally provided on the vehicle ordered by the customer. For instance, if the customer orders a motorcycle for delivery but the consignment is too big to fit in its carrying equipment, we may still be able to carry it (if it is safe to do so) but will not be held liable for any loss or harm to the consignment.
24. Items Not Covered by Liability: Certain objects cannot be held liable under our services. These include currency, banknotes, money orders, gift certificates, Credit cards, stamps, licenses, passports, precious stones, tickets, travellers' cheques, jewellery, watches, precious metals, works of art, antiquities, china, glass, and living creatures.
25. Claim Procedure: In case of a claim regarding non-delivery, late delivery, or loss or damage to the consignment, the customer must notify us in writing within seven days of delivery for any shortages or damages and 14 days for any losses. We may ask for written evidence to establish the value of the loss or damage (such as a copy of an invoice from the supplier) and request an estimate for repair if necessary.
Paying Invoices and Additional Expenses:
26. Despite having submitted a claim to the company, you must still pay all invoices in full as they become due.
27. The company may incur additional expenses while delivering your consignments, such as tolls, parking charges, rubbish disposal fees, etc. If these expenses are incurred, they will be invoiced to you along with the standard delivery charges, and you must pay them within the agreed credit terms.
Quotations and Estimates:
28. Quotations or estimates provided by the company are valid for 30 days unless stated otherwise. If you accept a quotation, the delivery must occur within thirty days of the date of the quotation. Otherwise, revised charges may apply. Quotations accepted in writing by you will only bind the company, and your acceptance will be considered given when you request the delivery of the quoted consignment. Verbal quotations or estimates are for reference only and are not binding on the company.
Change of Charges and Terms:
29. The Company may occasionally modify its charges or terms, but it will provide you with advance notice if it does.
Withdrawal of Credit Facilities:
30. The company may withdraw credit facilities at its sole discretion. In such a case, all invoices will become immediately payable, disregarding any previous credit terms or payment dates agreed upon between you and the company. If payment is not received within 30 days of the invoice date, the company will charge interest at the rate of 3% per month (or part thereof) from the invoice date until the date of payment. If legal action is taken to recover payment, the claim will include interest and all related costs of such action.
Calculation of Weight and Charges:
31. The company may weigh some consignments or determine the weight if you have not provided it. The charges will be adjusted based on the actual weight determined by the company, and the weight calculation cannot be altered later. Suppose a consignment, usually charged by weight, exceeds five cubic metres per 1000kg (or a rateable part thereof). The company may charge you based on volume, calculated at five cubic metres per 1000kg or part thereof.
Cancellation
Delivery
If you cancel, you will be assessed a cancellation fee for your product less than 15 minutes before the scheduled pickup time. However, if the product is packed and ready for pickup at least 15 minutes before the scheduled time, you may cancel free of charge.
Suppose a customer cancels a delivery order after the driver has already picked up the package from the designated pickup location (which may be either the address or the concierge service). In that case, the customer will pay the return fee. This fee will cover returning the package to the original pickup location.
Interactive Delivery
Suppose a cancellation of the Extra Entertainment service is requested. In that case, the cancellation fee will vary depending on the service model and characteristics. It may be up to 100% of the service cost, possibly reaching even higher percentages, such as 70% or 80%. However, there will be no rescission fee if the cancellation is made more than 24 hours before the scheduled pickup time.
For cancellations made after the pickup has already occurred, the Client will be responsible for paying the full delivery fee and return fee for the delivery portion. It is worth noting that clients can cancel the interactive delivery portion while keeping the Extra Entertainment service.
Your Rights And Obligations
32. Before requesting delivery, it is your responsibility to ensure the following:
a) If you are not the Owner of the goods, you must have obtained permission from the Owner to enter into this agreement and request delivery.
b) The goods in the consignment must not be dangerous and must not pose any health or safety risks. Handling or possessing these goods must not be a criminal offence or breach of relevant regulations.
c) Only those individuals who you have authorized can make bookings, and they must provide the required reference or purchase order for invoicing purposes. Payment cannot be withheld later if this information is not provided or is incorrect.
d) The consignment must be appropriately addressed and packaged. If the packaging is insufficient, we may refuse delivery or provide repackaging services for a reasonable fee.
e) It is your responsibility to make the (either with us or with a third party) required level of cover for the items.
33. You must pay our invoices (including VAT) in full and without deduction (except for credit notes raised by us) within 30 days of the invoice date and in sterling. Any customs duties must be paid on demand.
34. Any queries regarding our invoices must be raised within 21 days of the invoice date. After this time, the invoice will be deemed correct, and payment must be made within our agreed terms.
35. If you breach any of these terms, you will be liable for any losses or expenses suffered by us.
36. You must ensure that the necessary equipment (e.g. forklift truck) or manpower is available at both delivery and collection addresses. If not, you will be responsible for any resulting costs, including waiting, storage, or redelivery charges.
37. You will indemnify us for any claims or losses arising from the delivery of consignments unless we are at fault.
38. If you claim damage to your consignment, you must keep it and its packaging in a safe place for inspection by us or our loss adjusters.
39. We have invested significant resources into recruiting and training staff and engaging courier subcontractors. If you engage any of our employees or subcontractors within three months of their departure, you will be charged an amount equal to their last three months of gross earnings while employed by us. This is a reasonable estimate of what it will cost to replace that individual.
Storage Term
Zoleni provides storage services, including taking photographs, creating an inventory, and organizing the Customer Items, as defined below. Zoleni picks up the items from a designated Pickup Address, stores them in a facility owned or leased by Zoleni for an indefinite period, and offers add-on services such as wrapping, packing, and boxing the Customer Items. Additionally, Zoleni can return a subset of the Customer Items to a designated Delivery Address or make a final return of all items from storage to a Delivery Address. Clutter may, at times and for an additional fee, offer other Services.
40. "Client" refers to the individual identified in the Client Information Form.
41. The term "Client Information Form" refers to the forms completed by the Client in either electronic or paper format, which may consist of one or more pages containing Personal Information, Payment Method Information, and other necessary fields. These fields may include disclosure regarding the intended use of storage contents (i.e., residential or commercial), a description of the Goods being stored, and information on whether the Client has declined or requested enrollment in the Protection Plan. The requested Rental Start Date is also included in the Client Information Form.
42. "Goods in Storage" refers to objects stored within the designated area and classified into general goods, vehicles, and mailboxes.
43. The "Move-In Documents" comprise various forms that must be completed by the Client, such as the Client Information Form, Protection Plan Certificate (if approved), Protection Plan Exemption Form (if not approved or not relevant), Schedule A - Parking (for vehicle storage), Payment Receipt, and this User Agreement.
43. The term "Owner" refers to the individual or entity that owns the property where the designated Space is situated, as outlined in this User Agreement.
43. The expression "Owner's Property" pertains to the property and facilities owned by the Owner, which encompasses the designated Space area.
44. The term "Payment Method Information" incorporates the credit card details supplied by the Client to pay User Fees and taxes, as well as any pre-authorized payment information (if relevant).
45. A "Payment Receipt" is an acknowledgement the Owner provides after the Client has paid the User Fees. It encompasses details such as the estimated dimensions, unit number, location of the designated Storage Space, and premium (if enrolled in the Protection Plan).
46. The term "Personal Information" pertains to the Client's name, address, contact information, and additional personal particulars as stated in the Client Information Form and supported by identification documents.
The storage service provider establishes the cancellation policy, including any associated fees, which will be disclosed to the Client before booking.
Concierge
47. Binding Agreement "Terms of Use" represents a legally binding agreement between "You" and the Zoleni company, represented by its general partner, Concierge.
48. Ownership and Copyright. Content on the Service, including information, reports, data, graphics, web pages, text, software, product names, company names, trademarks, logos, and trade names, is the property of their respective owners or licensors, including Zoleni. You agree to a personal, non-transferable, and non-exclusive license to view, read, and download one copy of the Content.
If you provide any feedback to Zoleni, you assign all rights, titles, and interests in that Feedback to the company. If, for any reason, this assignment is ineffective, you still agree to grant Zoleni a universal, non-exclusive, perpetual, irrevocable, royalty-free right and license to use, reproduce, disclose, and sublicense, distribute, modify, and exploit such Feedback without restriction.
49. "AS IS" and "AS AVAILABLE" Disclaimer. Zoleni provides the Service "AS IS" and "AS AVAILABLE" without warranty and with all errors and defects. Zoleni, on its behalf, as well as on behalf of its affiliates, licensors, and service providers, expressly disclaims all warranties, whether expressed, implied, statutory, or otherwise, concerning the Service. This includes all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that may derive from course of dealing, performance, usage, or custom.
Zoleni makes no warranty or representation that the Service will meet Your requirements, produce the desired results, be compatible with or function with other software, applications, systems, or services, or operate uninterrupted or error-free uninterrupted.
Neither Zoleni nor any of its providers make any representation or warranty of any kind, express or implied, regarding the operation or availability of the Service, the information, Content, and materials or products included thereon, the accuracy, reliability, or currency of any information or Content provided via the Service, or that the Service, its servers, the Content, or e-mails sent by or on behalf of Zoleni are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.
Some jurisdictions, including the Province of Québec, may not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer. However, the exclusions and limitations specified in this section shall be applied to the maximum extent law permits.
50. You agree to indemnify, defend, and hold harmless Zoleni, its agents, suppliers, affiliates, and their respective directors and employees against any actions, proceedings, costs, claims, damages, demands, liabilities, and expenses (including legal fees and disbursements) incurred, sustained, or paid by Zoleni directly or indirectly in respect of:
(i) any information or other Content that You provide on or through this website or by e-mail or other correspondence; or
(ii) Your use or misuse of the Content, the App or The Service, including without limitation infringement claims.
51. By registering with this website, You hereby consent to exchange information and documents between You and Zoleni electronically through the Service and by e-mail using the address You provided during registration. Any notices to Zoleni should be made in writing and sent to info@gmail.com. If You wish to cancel Your subscription, log in to Your account at https://zoleni.com/Login.
Cancellation is free of charge for the Client before the drop-off.
Moving
52. Zoleni offers various Services which can be scheduled on zoleni.com, by phone, through customer support, or in your Clutter Account, as applicable and available. These services primarily involve moving and include the transportation of Customer Items (defined below) from a Pickup Address (or multiple Pickup Addresses, if available) that You provide to us to a Delivery Address (or multiple Delivery Addresses, if available) that You provide to us. Additionally, we offer optional add-on services such as wrapping, packing, and boxing the Customer Items as part of the Moving Services.
53. "Customer Items" refers to the items packed by you, Zoleni, a third party, or a third party on behalf of Zoleni for the Moving Services. You acknowledge and agree that Zoleni will not be liable for Lost Items, stolen or missing items before Zoleni picks them up at the Pickup Address or after Zoleni drops them off at the Delivery Address. Zoleni disclaims all liability for the Lost Items and any resulting damages.
54. Zoleni reserves the right to inspect any Customer Items without prior notice to you if it is believed that the items may include Prohibited Customer Items or if required by law enforcement, fire services, local authorities, or by court order. Zoleni may also open Customer Items at its sole discretion for an account or warehouse maintenance, in an emergency, or to prevent injury or damage to persons or property. If any Prohibited Customer Items are found, Zoleni may dispose of them in any manner deemed appropriate or refuse to transport or return them to you at your cost if transportation would pose a risk to safety or security.
55. If a cancellation is made after the pickup has already occurred, the cancellation fee will be based on the original order price. However, exceptions apply in cases where the drop-off location or building type differs from the original order or if additional time and services are required beyond the standard delivery process, in which case an extra service fee will be charged.
56. Cancellation is allowed up to 24 hours before the scheduled pickup time and will not incur any charges. However, if the cancellation is made after the 24-hour window, the Client must pay a percentage of the order bill as a cancellation fee.
