TERMS OF SERVICE
These Terms of Service govern the Mon-Ami website, quotations, products, delivery, installation and related services.
Mon-Ami is operated by Denka Design Consultancy T/A Mon-Ami.
Website: https://www.mon-ami.co.za/
Email: info@mon-ami.co.za
Jurisdiction: South Africa
1. Acceptance and scope
By visiting the Mon-Ami website, requesting or accepting a quotation, placing an order or using our products or services, you agree to these Terms of Service.
These Terms incorporate our Privacy Policy, Shipping and Installation Policy, and Return, Refund and Guarantee Policy.
If a mandatory law gives a consumer rights that cannot be waived or limited, those rights will prevail over any conflicting provision in these Terms.
2. Supplier information
The supplier is Denka Design Consultancy T/A Mon-Ami, operating in South Africa.
Website: https://www.mon-ami.co.za/
Email: info@mon-ami.co.za
3. Eligibility and acceptable use
A person placing an order must have the legal capacity to enter into a contract or must be authorised to act on behalf of the customer they represent.
The website may not be used:
For any unlawful, fraudulent, abusive or harmful purpose.
To infringe intellectual property rights.
To interfere with the security or operation of the website.
To introduce malicious code.
To scrape, copy or commercially exploit the website or its content without written permission.
4. Product and service information
Mon-Ami takes reasonable care to describe its products and services accurately.
Images, colours and finishes may differ slightly because of screens, lighting, natural material variation and production batches. Dimensions and technical information should be checked before an order is approved or installation begins.
Advice, drawings and illustrations are general unless a written quotation or project scope expressly confirms that they are project-specific.
The customer must disclose the intended use and relevant site conditions so that Mon-Ami can assess suitability where required.
5. Quotations, orders and acceptance
A quotation is valid for the period stated in it and may be withdrawn before acceptance.
An order is subject to:
Product and material availability.
Cleared payment or the required deposit.
Credit approval where applicable.
Final specifications and customer approvals.
Written acceptance by Mon-Ami.
An enquiry or request for a quotation does not create a binding order.
Custom manufacture, configuration or procurement may begin only after the required deposit, specifications and approvals have been received.
Changes requested after approval may affect the price and lead time and may require a written variation to the quotation.
6. Prices and payment
Prices are stated in South African rand and include or exclude VAT as specified in the quotation or invoice.
Shipping, installation, travel, accommodation, permits, specialist equipment and site work are additional unless expressly included.
The full price and applicable charges will be shown in the quotation, invoice or written confirmation before the order is finalised.
Payment must be made using an approved payment method.
The customer must provide accurate billing information.
If an obvious pricing error is identified before dispatch or performance, Mon-Ami will give the customer the option to accept the corrected price or cancel the affected order for a refund.
7. Confirmations and records
Before accepting a quotation or confirming an order, the customer should review:
The products or services selected.
Quantities.
Dimensions and finishes.
Delivery details.
Installation scope.
Pricing and additional charges.
Estimated lead times.
The customer must request the correction of any error before accepting the quotation.
Mon-Ami will provide a quotation, confirmation, invoice or other transaction record. The customer should retain these records and the applicable policies.
8. Delivery, dispatch and risk
Mon-Ami generally aims to process an order within 2 to 7 business days after cleared payment and receipt of all required information.
This period is an estimate and remains subject to stock availability, manufacturing requirements and supplier schedules.
Shipping is charged separately unless a quotation expressly states otherwise.
Delivery, access, delays, inspection and risk are governed by the Shipping and Installation Policy and applicable South African law.
9. Installation
Mon-Ami currently offers installation in Gauteng for an additional fee.
Shipping and any installation outside Gauteng carry additional, quotation-based costs.
Installation dates are estimates and depend on product readiness, customer availability, access and site conditions.
The customer must:
Provide safe and lawful access to the site.
Provide accurate site and project information.
Ensure that mounting surfaces are suitable.
Obtain any permissions required from an owner, landlord, body corporate, estate or site manager.
Disclose concealed electrical services, plumbing, structural weaknesses, asbestos or other hazards before work begins.
Ensure that the site is ready for installation at the agreed time.
Where electrical work must be performed by a qualified or registered person, the customer and Mon-Ami will comply with the applicable requirements.
Additional work caused by undisclosed site conditions or requested scope changes requires customer approval and may be charged separately.
10. DIY and third-party installation
Mon-Ami products may be installed by a capable DIY customer or local handyman using the supplied instructions.
A third party selected by the customer is not Mon-Ami’s employee or agent.
Mon-Ami is not responsible for third-party workmanship or damage caused by incorrect installation. This does not limit any right relating to a defect that existed when the product was supplied.
11. Returns, cancellations and refunds
The Return, Refund and Guarantee Policy applies to returns, cancellations, exchanges, defects and refunds.
Eligible change-of-mind returns may be requested within 14 calendar days after delivery.
For a change-of-mind return, the customer is responsible for the reasonable direct costs of removal, de-installation and transport back to Mon-Ami.
Different rules apply to defective, unsafe, damaged or incorrectly supplied goods.
Where an agreement is concluded electronically and the Electronic Communications and Transactions Act 25 of 2002 applies, the customer may have additional statutory cooling-off rights.
Custom-made or personalised goods and certain services that have already commenced may be excluded from change-of-mind cancellation where permitted by law.
Nothing in these Terms limits a mandatory cancellation or return right.
12. Quality, guarantees and statutory rights
Mon-Ami provides a 12-month additional guarantee on installation workmanship performed directly by Mon-Ami or by an installer expressly appointed by Mon-Ami.
Electronic components carry an additional three-month commercial guarantee under the conditions in the Return, Refund and Guarantee Policy.
The three-month commercial guarantee does not replace or shorten any statutory implied warranty or other non-excludable right under the Consumer Protection Act 68 of 2008.
Where the Consumer Protection Act applies, qualifying defective goods may be returned at the supplier’s risk and expense within the period prescribed by law, with the remedies provided by law.
13. Power quality and electronic equipment
The additional electronics guarantee does not cover damage caused by:
Lightning.
Power surges or spikes.
Brownouts.
Load shedding.
Unstable power supply.
Incorrect voltage.
Inadequate earthing.
Water ingress.
Unauthorised wiring or repair.
Misuse or incorrect installation.
Suitable surge protection and a compliant electrical installation are strongly recommended.
These exclusions apply only to the extent permitted by law and do not remove mandatory consumer rights.
14. Third-party products, platforms and links
Mon-Ami may rely on banks, payment providers, couriers, suppliers, cloud platforms, installers and other third parties.
Their independent terms and privacy notices may apply.
Mon-Ami is not responsible for third-party websites or services that it does not control, but remains responsible for its own obligations under applicable law.
15. Intellectual property
The Mon-Ami website, branding, text, designs, drawings, software, images and other content are protected by intellectual property law.
They may be used only for personal or authorised business purposes connected with Mon-Ami’s products and services.
No right is granted to reproduce, distribute, reverse engineer or commercially exploit this material without written permission.
16. Customer content and permissions
The customer warrants that they have the right to provide any plans, photographs, specifications, logos, data or other materials supplied to Mon-Ami.
The customer grants Mon-Ami a limited right to use those materials only as reasonably necessary to prepare quotations, manufacture, deliver, install, support and administer the services.
Mon-Ami will not publish identifiable project photographs or testimonials for marketing without appropriate permission or another lawful basis.
17. Privacy
Personal information is processed in accordance with the Mon-Ami Privacy Policy and the Protection of Personal Information Act 4 of 2013.
The customer must ensure that they are authorised to provide the personal information of site contacts, employees, contractors or other individuals.
18. Disclaimers and limitation of liability
To the fullest extent permitted by law, neither party will be liable for indirect or consequential loss that was not reasonably foreseeable when the agreement was concluded.
Any limitation of liability must be interpreted fairly and does not exclude liability that cannot lawfully be excluded, including mandatory consumer remedies.
The customer remains responsible for:
Backups of relevant information.
Site safety within the customer’s control.
Lawful building approvals and permissions.
Customer-appointed contractors.
Following product instructions.
Appropriate maintenance.
Product performance depends on the stated specifications, site conditions, correct installation, commissioning, maintenance and use.
19. Events beyond reasonable control
A party is not responsible for a delay caused by an event beyond its reasonable control.
Such events may include severe weather, transport interruption, industrial action, civil unrest, supplier shutdowns, electricity interruption or government action.
The affected party must provide reasonable notice and take reasonable steps to reduce the impact.
Payment obligations already due and mandatory consumer rights are not waived.
20. Suspension and termination
Mon-Ami may suspend website access or unperformed services where reasonably necessary because of:
Security concerns.
Unlawful use.
Non-payment.
Material breach of an agreement.
Where appropriate, Mon-Ami will provide notice and a reasonable opportunity to remedy the issue.
Rights and obligations accrued before termination remain in effect.
21. Disputes and complaints
Complaints should be sent to info@mon-ami.co.za.
Please include the quotation, invoice or order reference and a clear description of the issue.
The parties should first attempt in good faith to resolve the dispute directly.
A consumer may also use any ombud, regulator, tribunal or court available under South African law.
22. Governing law
These Terms are governed by the laws of the Republic of South Africa.
Jurisdiction and venue are determined by applicable law.
Nothing in this clause prevents a consumer from approaching a forum made available by law.
23. Changes to these Terms
Mon-Ami may update these Terms by publishing a revised version and effective date.
Changes do not retrospectively alter an accepted quotation or order unless agreed by the parties or required by law.
Continued use of the website after publication constitutes acceptance only to the extent permitted by law.
24. General
If a provision is invalid or unenforceable, it will be severed or limited only to the extent necessary. The remaining provisions will continue to apply.
A failure to enforce a right is not a waiver.
These Terms, the accepted quotation or order, and the incorporated policies form the agreement, subject to any written variation signed or accepted by the parties.
25. Contact
Denka Design Consultancy T/A Mon-Ami
Website: https://www.mon-ami.co.za/
Email: info@mon-ami.co.za