1. Introduction

1.1. We are ZipUp Proprietary Limited, trading as ZipUp on the website www.zipup.co.za (“the Site”).

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. These terms and conditions shall take precedence over any other terms and conditions, which may be contained in the acceptance of order, or other documentation, and may only be altered with the express written agreement of ZipUp. Any conflicting statements in any acceptance of order or other documentation issued by ZipUp shall be null and void, unless such special terms have been expressly agreed to in writing by ZipUp.

2. Definitions

2.1. Unless inconsistent with the context, the expressions set forth below shall bear the following meanings:

2.1.1. “Agreement” means this Agreement and any other addendums, annexures or documents, which constitutes the entire agreement between the parties with regards to the subject matter contained herein;

2.1.2. “Client” means the Party accessing the Site and/or receiving or to receive Products fromZipup;

2.1.3. “Information Officer” means the Information Officer of Zipup, appointed in terms of theProtection of Personal Information Act (“POPI”), or any other such authorised representative of Zipup until such time as an Information Officer is formally appointed after the implementation of POPI;

2.1.4. “Order/s” means an order placed on the Site for a Product;

2.1.5. “Parties” means Zipup and the Client;

2.1.6. “Personal Information” means information relating to any Data Subject, including but not limited to (i) views or opinions of another individual about the Data Subject and (ii) information relating to such Data Subject's: race, sex, gender, sexual orientation, pregnancy, marital status, nationality, ethnic or social origin, colour, age, physical or mental health, well-being, disability, religion, conscience, belief, cultural affiliation, language and birth; education, medical, financial, criminal or employment history; names, identity number and/or any other personal identifier, including any number(s), which may uniquely identify a Data Subject, account or client number, password, pin code, customer or Data Subject code or number, numeric, alpha, or alpha-numeric design or configuration of any nature, symbol, e-mail address, domain name or IP address, physical address, cellular phone number, telephone number or other particular assignment; blood type, fingerprint or any other biometric information; personal opinions, views or preferences; correspondence that is implicitly or expressly of a personal, private or confidential nature (or further correspondence that would reveal the contents of the original
correspondence); and corporate structure, composition and business operations (in circumstances where the Data Subject is a juristic person) irrespective of whether such information is in the public domain or not.

2.1.7. “Processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including— the collection, receipt, recording, organisation, collation, storage, updating or modification, testing of, retrieval, alteration, consultation or use; dissemination by means of transmission, distribution or making available in any other form by electronic communications or other means; or merging, linking, blocking, degradation, erasure or destruction; and ‘Process’ has a corresponding meaning.

2.1.8. “Products” means the Zipup products, for sale on the Site;

2.1.9. “POPI” means the Protection of Personal Information Act No. 4 of 2013;

2.1.10. “Services” means any services associated with the Products; and

2.1.11. “Site” means http://www.ZipUP.co.za.

3. Your Status

To place an order with Zipup you must be 18 years or older.

4. Effects

4.1. These Terms and Conditions shall apply to all Orders and Contracts concluded by or with Zipup for the sale and/or supply of Products. When you submit an Order to Zipup, 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).

4.2. 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.

4.3. No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing and signed by the authorised person at Zipup.

5. Appointment And Duration

5.1. This Agreement commences once there has been access to the Site or engagement between Zipup and the Client and governs the Products, use of the Site and matters ancillary to the Products and Site usage.

5.2. Clauses 12.2 , 13 , and 15 as well as such other clauses which are intended to survive termination as set out below, shall survive termination of this Agreement for any reason.

6. How a Contract is formed

6.1. When placing an Order, you must register for an Account on the. Please  follow the instructions on the Site as to how to place your Order and for making changes to your prospective Order before submitting it.

6.2. 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. Unless otherwise stipulated on the Site, all charges are in the currency then in force in South Africa. Subject to clause 6.11 below, this is the total that you will pay for receipt of the ordered Product.

6.3. You shall pay for the Product by credit or debit card or alternatively by EFT only.

6.3.1. Payment via credit or debit card Zipup accepts credit card and chipped debit/cheque card payments via Visa or, MasterCard. 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.

6.3.2. EFT (electronic funds transfer) This payment method requires you to transfer money directly from your bank account into Zipups  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 admin@zipup.co.za 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. Take note that only South African EFT payments will be accepted and no international bank electronic transfers are accepted.

6.4. 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 Zipup.

6.5. You undertake that all details you provide to Zipup 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.

6.6. 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.

6.7. 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.

6.8. 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, 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).

6.9. 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 dispatched by Zipup.

6.10. 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 Zipup, 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.

6.11. If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact sales@zipup.co.za  immediately. However, Zipup cannot guarantee that we will be able to amend your Order in accordance with your instructions.

6.12. 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 Zipup 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.

6.13. 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.

6.14. You must only submit to Zipup, 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.

7. Delivery

7.1. We aim to deliver the Product to you at the place of delivery requested by you in your Order. Orders are only delivered to a physical address, no PO Box addresses are allowed.

7.2. 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. 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.

7.3. We shall aim to let you know if 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.

7.4. 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 damages before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.

7.5. 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 Zipup when you placed your Order. We will then arrange for cancellation of the Order or delivery to an alternative delivery address.

7.6. We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.

7.7. 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.

7.8. You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.

7.9. You shall ensure that you are ready for safe receipt of the Product without undue delay at any time reasonably specified by us.

7.10. If you are not available to take delivery or collection, we will try to contact you  giving you instructions on either re-delivery or collection from the carrier.

7.11. 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:

7.11.1. charge you for our reasonable storage fee and other costs reasonably incurred by us; or

7.11.2. 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 Zipup under the applicable Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees).

7.12. 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.

7.13. All Orders with a total cart value of R499 (four hundred and ninety nine rand) or less will incur a non-refundable standard delivery fee of R100 (one hundred rand) countrywide.

7.14. Standard Delivery will be free of charge for all orders with a total cart value over R500 (five hundred rand).

8. Cancellation

8.1. 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 Zipup, 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.

8.2. 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 Zipup.

9. Cancellation by Customer (non-Faulty Product)

9.1. You are entitled to cancel any sale concluded on the Site within 14 (fourteen) 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.

9.2. No cancellation fees shall apply.

9.3. Delivery fees and cash handling fees, where applicable, are not refundable.

9.4. For more detail relating to returns of non-faulty Products, please see our Returns Policy in clause 11 .

10. Faulty Products

10.1. We warrant that:

10.1.1. the Product will be delivered undamaged in the quantities ordered; and

10.1.2. 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.

10.2. 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 detailed on the Product itself. It is your responsibility to ensure that you use the Product strictly in accordance with those instructions.

10.3. Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.

10.4. 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.

10.5. 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

10.6. If you would like Zipup to replace (if reasonably possible, for example if product is still available or could easily be obtained by Zipup) or provide a refund for the Product where it did conform to the required quality, and we find that the Product has:

10.6.1. been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or

10.6.2. been involved in any accident or damage caused by an incorrect attempt at modification or repair; or

10.6.3. been dealt with or used contrary to Zipup or the manufacturer’s instructions for the Product; or

10.6.4. deteriorated through normal wear and tear, after delivery by Zipup, Then we may then 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 Zipup’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.

10.7. To the extent that we find that an item is defective, Zipup with guarantee a replacement item or a full refund, and arrange for collection of the item at no cost to the Client.

10.8. 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.

11. Returns Policy

11.1 Criteria to return an item that is not faulty:

11.2 Seven (7) day free exchange or return, after 7 days from date of delivery a R150 exchange fee is required

11.2.1 Return must be logged on our online return logging system within 14 days of item being delivered; and

11.2.2 The item is in a re-sellable condition; and

11.2.3 The item being returned qualifies for return; and

11.2.4 The item is in its original packaging, with labels attached.

11.3 Log A Return

11.4 No exchanges after 30 days

12. The Site

12.1. Usage

12.1.1. The Zipup Site is the registered property of Zipup.

12.1.2. Any persons accessing and/or using the Zipup Site for any reason whatsoever subjects themselves to and agrees to the terms and conditions and privacy policy of Zipup when accessing the Site as set out below.

12.1.3. Zipup expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in the Site without prior notice.

12.1.4. Nothing on the Site shall be construed as an offer by Zipup to you, the user, but merely an invitation to do business.

12.1.5. You may send content and other communications to and/or via this Site provided that the content is not illegal, obscene, objectionable, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a communication. Zipup reserves the right to remove or edit such content in its sole discretion.

12.1.6. You hereby represent and warrant that you own or otherwise control all of the rights to the content that you post on this Site; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you indemnify Zipup or its affiliates from all and any claims resulting from content you supply to Zipup. Zipup shall not be held responsible or liable for any content posted on the Zipup Sites.

12.2. Intellectual Property

12.2.1. All content on the Site (unless explicitly stated), including but not limited to, text, graphics, logos, button icons, images, clips, digital downloads, data compilations, and software, is the property of Zipup or licensed to Zipup and as such, is protected from infringement by domestic and international laws, legislation and treaties. Zipup expressly reserves all rights pertaining to such content.

12.2.2. Zipup respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, an infringement of any intellectual property right, please notify us by e-mail or post at the address below.

12.2.3. All content, trademarks and data on this web site and any work submitted to clients or potential clients, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or are licensed to Zipup, and as such are protected from infringement by domestic and international laws, legislation and treaties.

12.2.4. “Zipup” and other marks indicated on the Zipup Site are the trademarks or trade dress of Zipup. These and other Zipup graphics, logos, page headers, button icons, scripts, product and service names are trademarks or trade dress of Zipup.

12.2.5. Zipup trademarks and trade dress may not be used in connection with any product or service without the written consent of Zipup.

12.2.6. Zipup trademarks and trade dress may not be used in any manner that is likely to cause confusion amongst its Clients, or in any manner that disparages, prejudices or discredits Zipup.

12.2.7. All other trademarks not owned by Zipup that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Zipup.

12.3 Licenses And Web Site Access

12.3.1. Zipup hereby grants you a limited license to access and make personal use of the web site provided that in making use of the Site you do not download any content, other than for page caching purposes, except where the facility to download is expressly provided or express written consent to do so is otherwise given by Zipup. You are expressly prohibited from modifying any portion of this Site, whether in part or whole, except with the express written consent of Zipup.

12.3.2. This license does not include any right of resale or commercial use of this web site or it contents. For the purposes of this clause 12 , any collection and/or use of any listings and/or descriptions; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools for any commercial purpose is expressly prohibited unless stated otherwise.

12.3.3. It is expressly prohibited to frame or utilize framing techniques to enclose and/or mask any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Zipup and/or our affiliates without its express written consent.

12.3.4. It is expressly prohibited to use any meta tags or any other “hidden text” utilizing Zipup’s name or trademarks without the express written consent of Zipup.

12.3.5. Any unauthorized use of this web site, its content or applications terminates the permission or license granted by Zipup. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Zipup provided the link does not portray Zipup, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.

12.3.6. You may not use any Zipup logo or other proprietary graphic, trademark, or material as part of the link without express written permission from Zipup.

12.4. Disclosures Required By Section 43 Of The South African Electronic Communications And Transactions Act (ECTA):

12.4.1. The full name and legal status of the web site owner is: Traini Footwear (Pty) Limited, a limited liability company registered in South Africa under the Registration Number 2008/005119/07;

12.4.2. The full address of the web site owner is 28 Saturn Crescent, Linbro Business Park, Johannesburg, 2000.

12.4.3. Directors: Gavin Abro and Dean Jacobson.

12.4.4. Physical address for receipt of legal service: PO BOX 78896,Sandton,2146.

13. Limitation of Liability

13.1. These Terms and Conditions set forth our entire Liability, and your sole and exclusive remedies, for:

13.1.1. the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or Contract (or any part of it or them); or

13.1.2. otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.

13.2. We will at all times do our utmost best to ensure that all information displayed on the Site and in any communications from Zipup is accurate, however, should any inaccurate information be published by Zipup (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.

14. Security

14.1. 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 Zipup suffers any damage or loss.

14.2. 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 Zipup 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. Zipup registration documents and the Site’s registered domain name are checked and verified by DigiCert.

15. Protection Of Personal Information

15.1. Zipup shall:

15.1.1. only Process Personal Information in accordance with applicable laws, in terms of this Agreement and in accordance with any instructions, requirements or specific directions of the Information Officer;

15.1.2. Zipup shall ensure that all its systems and operations which it uses to provide the Services, including all systems on which personal information is copied, compiled, collated, processed, transmitted, stored, collected, mined, altered or deleted or otherwise used as part of providing the services, shall at all times be of a minimum standard required by law and be of a standard no less than the standards which are in compliance with the legislation relating to protection, control and use of personal information;

15.1.3. not disclose or otherwise make available the Personal Information to any third party (including sub-contractors and Staff) other than authorised Staff who require access to such Personal Information strictly in order for Zipup to carry out its obligations, unless approved by the Client in writing;

15.1.4. ensure that all Staff and any other persons that have access to the Personal Information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to the Personal Information;

15.1.5. take appropriate, reasonable, technical and organisational measures to ensure that the integrity of the Personal Information in its possession or under its control and that such Personal Information is secure and protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access by having regard to:

15.1.6. any applicable requirement in law, stipulated in appropriate industry rules or in codes of conduct or stipulated by a professional body governing Zipup;

15.1.7. generally accepted information security practices and procedures which apply to Zipup’s business and to the Client, as may be appropriate to discharge its obligations in terms of this Agreement;

15.1.8. take appropriate, reasonable, technical and organisational measures to ensure that the Personal Information in its possession or under its control remains available to the Client as and when it may be required; and

15.1.9. identify all reasonably foreseeable internal and external risks on an on-going basis and in accordance with the requirements for same as may be set forth in the Security Standards

15.2. Zipup shall assist the Client to comply with any requests for access to Personal Information received by the Client from Data Subjects and, at the request of the Client, Zipup shall promptly provide the Client with a copy of any Personal Information held by Zipup in relation to a specified Data Subject. Zipup agrees that notwithstanding the confidentiality provisions of this Agreement, the Client may disclose to a Data Subject that Zipup has been or is involved in Processing such Data Subject’s Personal Information;

15.3. Zipup shall only Process the Personal Information of Data Subjects provided to it by the Client in compliance with the provisions of this Agreement and in accordance with written instructions provided by the Information Officer to Zipup.

15.4. Zipup shall not conduct any further Processing activities for any other reason whatsoever (including any related processing functions or processing which would otherwise be a normal extension of the Processing which Zipup is entitled to undertake in accordance with the Client’s instructions) without the express prior written consent of the Information Officer, save that Zipup may carry out reasonable further Processing strictly in order to comply with an obligation which is imposed on it by law.

16. Guarantee and complaints management

16.1. We shall perform our obligations under these Terms and Conditions with reasonable skill and care.

16.2. We place great value on our customer satisfaction. You may contact us at any time using the contact details given in clause 21 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.

16.3. 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.

17. Circumstances beyond our control (force majeur clause)

17.1. 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.

17.2. Either you or Zipup 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 Zipup 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).

17.3. If we have been 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.

18. Notices

Any notice under this Agreement 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

19. Governing Law and Jurisdiction

Any notice under this Agreement 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

20. Disputes

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 Zipup on any matter provided for in, or arising out of these Terms and Conditions, and not resolved through the Customer Relations Department of Zipup, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.

21. Address for Notices

Zipup 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 78896,Sandton,2146, with a copy to admin@zipup.co.za (the sending of such copy being required in order for any notice to be considered validly delivered to Zipup).

22. 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.

23. General

23.1. These Terms and Conditions shall commence from the date on which they are published on the Site and continue indefinitely, as amended by Zipup from time to time, for so long as the Site exists and is operational, Zipup 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 Zipup). 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.

23.2. No failure or delay, by Zipup 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 Zipup’s, or your rights under these Terms and Conditions or a Contract.

23.3. 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.

23.4. 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.

23.5. 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.

23.6. 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.

23.7. A full record of every sale and related transaction between you and Zipup 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.

23.8. Any and all copyright subsisting in the Site, including theses Terms and Conditions, vests in Zipup and all rights not expressly granted are reserved.

23.9. When you visit the Site or send e-mails to Zipup, you consent to receiving communications from Zipup electronically and agree that all agreements, notices, disclosures and other communications sent by Zipup satisfy any legal requirements, including but not limited to the requirement that such communications should be in writing.

23.10. These terms are subject to the provisions of the Electronic Communications and TransactionsAct 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.

24. 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. Continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.

25. Disclaimer

25.1. Save for Zipup being liable to you

25.1.1. under the Consumer Protection Act 68 of 2008 in relation to any products sold by Zipup to you via the Site; and

25.1.2. under sections 43(5) and 43(6) of the Electronic Communications and Transactions Act in relation to Zipup’s payment systems not being sufficiently secure;

25.2. Neither Zipup 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, Zipup 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 admin@zipup.co.za

25.3. 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 Zipup and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.

26. Frequently asked questions

26.1 Deliveries outside of Johannesburg takes 2 – 5 business working days

26.2 Deliveries within Johannesburg takes 1 – 2 business working days

26.3 Contact Zipup via whatsapp on 060 313 2758

26.4 ZipUp HQ and warehouse are based in Johannesburg

26.5 Seven (7) day free exchange or return, after 7 days from date of delivery a R150 exchange fee is required

26.6 No exchanges after 30 days