Terms & Conditions
1.1 We are Jade E-Services South Africa Proprietary Limited with,
Registration number: 2011/128056/07,
Our physical address is:
97 Durham Avenue
Salt River 7925,
Cape Town, South Africa,
trading as Zando on the website www.zando.co.za (the Site) and its subsidiaries, associates and officers unless otherwise stated.
1.2 These Terms and Conditions govern the supply by us of any Products ordered by you on the Site. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.
1.3 In these Terms and Conditions:
a) "Account" means the account that you will need to register for on the Site if you would like to submit an Order on the Site;
b) "Acknowledgement" means our acknowledgement of your Order by email;
c) "Breach of Duty" has the meaning given to it in clause 10.11(b) of these Terms and Conditions;
d) "Business Day" means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in South Africa;
e) "Confirmation of Order" means our email to you, in which we accept your Order in accordance with clause 4.9 below;
f) "Contract" means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 4.9 below;
g) "Customer" means individual who places an Order on the Site;
h) "Liability" has the meaning given to it in clause 10.11(a) of these Terms and Conditions;
i) "Order" means the order submitted by you to the Site to purchase a Product from us;
j) "you" means the Customer who places an Order;
k) We means Jade E-Services South Africa (Pty) Ltd t/s Zando, as described above;
l) References to "clauses" are to clauses of these Terms and Conditions;
1.3.2 Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
1.3.3 Words imparting the singular shall include the plural and vice versa.
1.3.4 Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
1.3.5 References to "includes" or "including" or like words or expressions shall mean without limitation.
These Terms and Conditions are our copyrighted intellectual property and any use by third parties, even of extracts for the commercial purposes of offering goods and/or services, is not permitted. Infringements may be subject to legal action.
2. Your Status
To place an order with Zando you must be 18 years or older.
3.1 These Terms and Conditions shall apply to all Orders and Contracts concluded by or with Zando for the sale and/or supply of Products. When you submit an Order to Zando, give any delivery instruction or accept delivery of any Products, this shall constitute your unqualified acceptance of these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
3.2 These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or verbally, are expressly waived and excluded.
3.3 No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by the authorised person at Zando.
4. How a Contract is formed
4.1 When placing an Order, you must register for an Account on the Site as detailed in clause 10, and you must follow the instructions on the Site as to how to place your Order and for making changes to your prospective Order before you submit it.
4.2 Irrespective of any price you have seen or heard, once you select a Product that you wish to Order and have proceeded to the Checkout, the amount to be paid will then be shown (on the Site) together with the charges you must pay including VAT and cash handling fee, if applicable. Unless otherwise stipulated on the Site, all charges are in the currency then in force in South Africa. Subject to clause 4.11 below, this is the total that you will pay for receipt of the ordered Product.
4.3 You shall pay for the Product by one of the following payment methods, subject to Zando™s discretion:
4.3.1 Payment via credit card
Zando accepts credit card and chipped debit/cheque card payment via Visa and MasterCard only. We make use of the 3D-Secure authentication system to verify cardholder details with your bank (not applicable to mobile channels); this links you directly to your bank via a secure link. The transaction then takes place within your bank™s secure environment and We won™t have access to any of your card details. You can rest assured that your card details will only be accessible to our PCI compliant payment service provider. When you return a purchase, the specified amount will be credited back to your bank account after it has been approved.
4.3.2 EFT (electronic funds transfer)
This payment method requires you to transfer money directly from your bank account into Zando™s account, through computer-based systems.
If you select EFT, you will be redirected to our secure payment gateway and asked to select your bank. The details for the EFT payment will then be displayed, along with instructions regarding references etc.
All bank deposit EFT™s require proof of payment to be sent to [email protected] before your order will be processed. If payment does not reflect for an EFT transaction We may request proof of payment to be sent before your order is processed.
4.3.3 COD (Cash on Delivery)
Pay for your purchase in cash when it is delivered to your door. This is an easy payment option that only requires you to have the correct amount of cash when your package is delivered. Take note that all payment should be done in South African Rand, and that the COD option is only available for certain postal codes. Please note that a handling fee of R10 will be charged on checkout.
Should it so happen that you are not available to accept delivery you can postpone/delay delivery for a maximum of three (3) Business days after the initial attempt to delivery. If delivery has not taken place within these three (3) Business days, the order will be cancelled and returned to our warehouse. In order to ensure the safety for you as well as our delivery team, cash on delivery will only be available on orders below R1,500.00 (one thousand five hundred rand).
COD is only currently available to certain postcodes in Cape Town and Johannesburg, and does not qualify on orders where Three (3) Hour, Next Day or Two (2) Day Express delivery option is requested.
To get started, you™ll need to have registered on Zando.co.za and also have an existing eBucks account. You™ll also need your SA ID number, your eBucks 4-digit PIN and your cellphone (for your One Time PIN /OTP)
Add all the items you want to purchase to your online shopping cart.
Proceed to the checkout page, select Pay with eBucks as your preferred payment method and click the Order Now button to proceed
You will automatically be directed to the secure eBucks payment section. Log in using your 4-digit PIN and your OTP for the transaction will be sent to the cellphone registered to your eBucks account.
You™ll be able to see your remaining eBucks balance in the secure payments section, click Finish to complete the transaction and the amount will be debited from your eBucks account. The purchase will be confirmed and we™ll take care of the rest. All you need to do now is watch out for your delivery “ it™ll be on its way soon.
4.3.5 Pay in Store with Pay@
This super convenient payment option allows you the convenience of paying for your Zando.co.za order at your nearest Shoprite, Checkers, Shoprite USave, Spar or Pick ˜n Pay store. Upon checkout you will receive confirmation of your order, as well as the bill payment reference number that you can use to pay with.
All you need to do is go to your local store, present your bill payment reference number to the check-out clerk and pay for your Zando.co.za order. Your order must be paid for within 5 days, otherwise the stock will be released back onto our site. Once payment has been received, your order will be processed and delivered to your door.
4.3.5 Pay with UCount Rewards
To get started, you'll need to have registered on Zando.co.za and also have an existing UCount Rewards account. You'll also need your UCount Rewards Card and a supported Credit card if you wish to perform a split payment.
Add all the items you want to purchase to your online shopping cart.
Proceed to the checkout page, select Pay with UCount Rewards or Ucount Rewards + Credit Card as your preferred payment method and click the Order Now button to proceed.
You will automatically be directed to the secure UCount Rewards payment section. Enter your UCount card details and select if you want to supplement your payment with a Credit Card.
If so, select the amount to pay via UCount. Click Next and enter the UCount 3D Secure code when prompted.
If you selected to supplement your UCount payment with a Credit Card payment, enter your Credit Card details on the next page. Click next and enter your Credit Card 3D Secure code.
Finally you will be redirected to a page confirming your order. Please take note that amounts debited from UCount Rewards cards can only be refunded via Store Credit.
4.4 If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to Zando.
4.5 You undertake that all details you provide to Zando for the purpose of purchasing the Product from us will be correct, that the credit or cheque card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
4.6 When you submit an Order to the Site, you agree that you do so subject to the latest Terms and Conditions available on the Site at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit an Order.
4.7 Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order.
4.8 We shall not be obliged to supply the Product to you unless We have accepted your Order (by issuing a Confirmation of Order). Unless expressly stating that We accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or We may offer you an alternative Product (in which case we may require you to re-submit your Order first).
4.9 A Contract shall be formed, and We shall be legally bound to supply the Product to you when We accept your Order, unless performance becomes impossible for a reason beyond Our control. Acceptance shall take place when We expressly accept your Order by email in the form of a document called a "Confirmation of Order" stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been despatched by Zando. Without affecting your obligation to pay us earlier, We may send an invoice to you at any time after We have accepted your Order. Until the time when We accept your Order, We reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If your Order is cancelled, either by you or by Zando, before We have accepted the Order, then We will promptly refund any payment already made to us, by you or your credit or cheque card company, in respect of the cancelled Order.
4.10 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact [email protected] immediately. However, Zando cannot guarantee that We will be able to amend your Order in accordance with your instructions.
4.11 We will, at all times do our utmost best to ensure that the price given to you is accurate, but the price of your Order will need to be validated by Zando as part of our acceptance procedure. If the price for the Order changes before we accept your Order, We will contact you and ask you to confirm whether you wish to proceed at the amended price.
4.12 A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until We have sent a Confirmation of Order in relation to those Products.
4.13 You must only submit to Zando, or our agent or the Site, information which is accurate and not misleading and you must keep it up to date and inform us of changes.
5.1 We aim to deliver the Product to you at the place of delivery requested by you in your Order. Orders are only delivered to physical address, no PO Box addresses are allowed.
5.2 We aim to deliver within the time indicated by us at the time of your Order (and updated in the Confirmation of Order) but we cannot promise an exact date when you submit your Order or at the Confirmation of Order. We always aim to deliver within 3-5 working days (Standard delivery, and depending on the payment method used) any Order which we accept but we cannot guarantee any firm delivery dates. Delivery of Fashion Marketplace product/s may take 5-7 working days due to the fact that these products are sourced from the Supplier on receipt of Your order.
5.3 We shall aim to let you know if We expect that We are unable to meet our estimated delivery date, but, to the extent permitted by law, We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
5.4 Click and Collect orders will be delivered to the selected PostNet branch only and is only available on our Standard Delivery option. Delivery to the PostNet branch will happen in line with our standard delivery timeline of 3-5 days and will be confirmed via email when the parcel arrives. You will receive notification once your parcel arrives at the selected PostNet store to advise you that your order is ready for collection. PostNet will hold the parcel for 5 days and, if not collected, return the parcel to Zando to cancel you order. You will be required to provide positive identification in the form of a valid driver's license, passport or identity book before PostNet will release your order to you.
5.5 On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.
5.6 Please note that it might not be possible for us to deliver to some locations. If this is the case, We will inform you using the contact details that you provide to Zando when you place your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
5.7 We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.
5.8 All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, We will not be liable for loss or destruction of the Product.
5.9 You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.
5.10 You shall ensure that you are ready for safe receipt of the Product without undue delay at any time reasonably specified by us.
5.11 If you are not available to take delivery or collection, We may leave a card giving you instructions on either re-delivery or collection from the carrier.
5.12 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
b) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or cheque card company, as applicable, any money already paid to Zando under the applicable Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause 5.11(a) above) exceed such amount.
5.13 It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
5.14 Standard Delivery will be free of charge while Delivery fees will be charged in respect of the following orders:
5.14.1 Two (2) Day Express Delivery of orders
Only certain Main Centre areas qualify for Two (2) Day Express Delivery, and orders must be placed before 16:00 on a Business day. Not available for COD payment options.
a) The Two (2) Day Express fee will be R25.00 per order.
5.14.2 Next Day Delivery of orders
Only certain Main Centre areas qualify for Next Day Delivery, and orders must be placed before 16:00 on a Business day. Not available for COD and EFT payment options.
a) Next Day delivery fee will be R60.00 per order.
5.14.3 Three (3) Hour Delivery
Only certain Cape Town areas qualify for Three (3) Hour Delivery, and orders must be placed before 15:00 on a Business day. Not available for Pay@, COD and EFT payment options.
a) Three (3) Hour Delivery fee will be R80.00 per order.
5.14.4 Afterhours Delivery
Only certain areas in Cape Town and Johannesburg qualify for after-hour deliveries between 18:00 and 21:00 on week days. Orders must be placed before 16:00 on a working week day. Not available for our COD payment option.
(a) After-hour Delivery fee will be R60.00 per order.
5.14.5 Weekend Deliveries
Only certain areas in Cape Town and Johannesburg qualify for weekend deliveries on Saturdays between 8:00 and 14:00. Orders must be placed before 16:00 on a Wednesday to ensure delivery on the Saturday. Not available for our COD payment option.
(a) Weekend Delivery fee will be R60.00 per order.
5.15 We reserve the right to cancel an order or withdraw the free delivery offer if we become aware of a customer intentionally abusing this offer.Please take note of the following:
- Some bulky items (like duvets and pillows) may only be available on Standard Delivery.
- Delivery fees and cash handling fees are non-refundable.
- Zando shall be entitled, at its sole discretion, to determine which areas it considers as Main Centres and Outlying Areas as well as identity areas in Cape Town suitable for Three (3) Hour Delivery.
- Zando shall be entitled to re-evaluate and make changes to these areas from time to time as it deems necessary.
- Zando Fashion Marketplace – Delivery of Zando Fashion Marketplace items may take a few days longer to ship as they are sourced from the seller upon order. The product is then sent to Zando for Quality Control and then shipped to you. If Your order includes a Zando Fashion Marketplace product, delivery should take place within 5-7 working days.
- For more detail please see our Delivery Policy
6.1 We reserve the right, for purpose of suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Zando, in whole or in part, if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made, and accept no liability which may arise as a result of such refusal to process any order/sale.
6.2 We will usually refund any money received from you using the same method originally used by you to pay for the Product, unless otherwise agreed between you and Zando.
7. Cancellation by Customer (Non-Faulty Product)
7.1 You are entitled to cancel any sale concluded on the Site within Fourteen (14) days of receipt of the goods and to obtain a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 14 days from the order date). Please read the Refund Policy for further details in this regard.
7.2 No cancellation fees shall apply.
7.3 Delivery fees and cash handling fees, where applicable, are not refundable.
7.4 For more detail relating to returns of non-faulty Products, please see our Returns Policy
8. Faulty Products
8.1 We warrant that:
a) the Product will be delivered undamaged in the quantities ordered; and
b) the Product will conform with the manufacturer's latest published instructions as set out on the Site or in our Product material at the time of your Order.
8.2 The Product is intended to be used strictly in accordance with the manufacturer's latest published instructions as set out on the Site or as on the Product itself. It is your responsibility to ensure that you use the Product strictly in accordance with those instructions.
8.3 Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.
8.4 We try very hard to deliver Products in excellent condition. However, if you tell us that the Product is faulty, you agree to keep the Product in its current condition available for us (or our agent) to inspect within a reasonable time.
8.5 In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:
a) you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and
b) you providing us with the delivery note number and such other information as we reasonably require.
8.6 If you would like Zando to replace (if reasonably possible eg. if product is still available or could easily be obtained by Zando) or provide a refund for the Product where it did conform to the applicable Contract, and we find that the Product has:
a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
b) been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
c) been dealt with or used contrary to Zando or the manufacturer's instructions for the Product; or
d) deteriorated through normal wear and tear, after delivery by Zando, We may at our discretion decide not to replace or refund you for the Product and/or We may require you to pay all reasonable carriage costs and servicing costs at Zando™s current standard fees and costs and charge this to your credit or cheque card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
8.7 Special conditions and procedure for returns of defective products will apply, as set out in our Returns Policy. The special conditions are in line with the requirements of the Consumer Protection Act 68 of 2008.
9. Vouchers/Promotional Coupon
9.1 You may use promotional coupon and gift vouchers as payment for regular priced products on the Site. Specific details for promotional coupons are at clause 9.8 and for gift vouchers at clause 9.9.
9.2 To redeem vouchers in your Account or check an existing credit, please visit "My User Account" on the Site.
9.3 We may email gift and promotional vouchers to you. Subject to clause 12.2, we accept no liability for errors in the email address of the voucher recipient.
9.4 If you have a gift or promotional voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher.
9.5 In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift/promotional coupon purchase or redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payments.
9.7 We assume no liability for the loss, theft or illegibility of gift or promotional coupons.
9.8 The conditions for the redemption of promotional coupons are as follows:
a) From time to time We may release, at our sole discretion, promotional coupons that may be used on the Site, which We will send to you by email. Promotional coupons can only be redeemed on the Site.
b) Promotional coupons are valid for the specified period stated on them only, can only be redeemed against regular priced products and cannot be used in conjunction with other promotional coupons. Individual brands may be excluded from coupon promotions.
c) The credit of a promotional voucher may be used exclusively for purchases on the Site.
d) If you place an Order for a Product less than the value of the promotional coupon, no refund or residual credit will be returned to you.
e) The credit of a promotional coupon does not accrue interest nor does it have a cash value.
f) If the credit of a promotional coupon is insufficient for the Order you wish to make, you may make up the difference through payment.
9.9 The conditions for the redemption of gift vouchers are as follows:
a) You may purchase gift vouchers for use on the Site by yourself or as a gift for another person. These gift vouchers will be sent to you via email.
b) Gift vouchers cannot be used to buy further gift vouchers. Gift vouchers may only be purchased through cheque or credit card.
c) The credit of a gift voucher does not accrue interest nor does it have a cash value.
d) Gift vouchers are not refundable for cash once purchased.
e) If the credit of a gift voucher is insufficient for the Order you wish to make, you may make up the difference through payment.
10. Limitation of Liability
10. Limitation of Liability
10.1 This clause 10 prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
a) the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or
b) otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
10.2 We will at all times do our utmost best to ensure that all information displayed on the Site and in any communications from Zando is accurate, however, should any inaccurate information be published by Zando (ie. incorrect Product description or price), despite our best efforts to ensure accuracy, We shall not be liable for any direct, indirect, incidental or consequential loss or damage suffered by you as a result of the inaccurate information.
Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and civil damages shall be claimed in the event that Zando suffers any damage or loss.
You agree and warrant that your log-in name and password shall:
a) be used for your personal use only; and
b) not be disclosed to any third party.
You allow ZANDO to take all reasonable steps to ensure the integrity and security of the Site and back-office applications. All credit card transactions are Secure Socket Layers encrypted. ZANDO™S registration documents and the Site's registered domain name are checked and verified by DigiCert.
12. Guarantee and complaints management
12.1 We shall perform our obligations under these Terms and Conditions with reasonable skills and care.
12.2 We place great value on our customer satisfaction. You may contact us at any time using the contact details given in clause 1.1 of these Terms and Conditions. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
12.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the order number that We assign you in the Acknowledgement or Confirmation of Order. Should you not have received any reaction from us within five (5) Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.
13. Data protection
14. Circumstances beyond our control (force majeur clause)
14.1 We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
14.2 Either you or Zando may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two (2) Business Days or more, in which event neither you nor Zando shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
14.3 If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
15.1 Any notice under a Contract shall be in writing and may be served by personal delivery or by pre-paid registered letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other or as set out in clause 18 of these Terms and Conditions.
15.2 Any notice given by post shall be deemed to have been served seven (7) Business Days after the same has been posted if the recipient address is in South Africa. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient™s server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or despatched or a delivery report received.
16. Governing Law and Jurisdiction
This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the clause 17 of these Terms and Conditions, you and Zando submit to the jurisdiction of the South African courts.
Disputes between you and Zando:
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Zando on any matter provided for in, or arising out of these Terms and Conditions, and not resolved through the Customer Relations Department of Zando, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf
18. Address for Notices
Zando chooses as its address for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: PO BOX 13829, Mowbray, 7705, with a copy to [email protected] (the sending of such copy being required in order for any notice to be considered validly delivered to Zando).
19. Advertising on the Site
We shall use our reasonable endeavours to comply with any relevant regulations relating to the Site, published by the Advertising Standards Authority. All photography is for illustrative purposes only and specific styles are not necessarily stocked.
20.1 These Terms and Conditions shall commence from the date on which they are published on the Site and continue indefinitely, as amended by Zando from time to time, for so long as the Site exists and is operational, Zando being entitled to terminate these Terms and Conditions and/or shut down the Site at any time (subject to still processing any orders then already placed and accepted by Zando). However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your Order, the Acknowledgement and the Confirmation of Order.
20.2 No failure or delay, by Zando or by you, in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish Zando™s, or your rights under these Terms and Conditions or a Contract.
20.3 If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
20.4 You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
20.5 Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
20.6 No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
20.7 A full record of every sale and related transaction between you and Zando shall be maintained on the Site for a period of 12 months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, whereafter you shall be responsible for retaining your own record of the relevant sale or related transaction.
20.8 Any and all copyright subsisting in the Website, including theses Terms and Conditions, vests in Zando and all rights not expressly granted are reserved.
20.9 When you visit the Site or send e-mails to Zando, you consent to receiving communications from Zando electronically and agree that all agreements, notices, disclosures and other communications sent by Zando satisfy any legal requirements, including but not limited to the requirement that such communications should be in writing.
20.10 These terms are subject to the provisions of the Electronic Communications and Transactions Act no. 25 of 2002 (the Act) and any of the terms that are in conflict with any of the compulsory provisions of the Act will be deemed to have been modified so as to comply with such provisions of the Act.
21. Amendment to the General Business Terms and Conditions
We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using it in any way, the Site as continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
Save for Zando being liable to you “
a) under the Consumer Protection Act 68 of 2008 in relation to any products sold by Zando to you via the Site; and
b) under sections 43(5) and 43(6) of the Electronic Communications and Transactions Act in relation to Zando's payment systems not being sufficiently secure;
Neither Zando nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the services or content provided from and through this Site. Furthermore, Zando makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to [email protected]
Although the products sold via the Site may be under warranty, the Site itself is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software. Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of Zando and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.
23. Promotions / Competitions
Special Terms & Condition apply to all promotions and competitions run by Zando and can be viewed under Terms & Conditions "Promotions".