Terms and conditions

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:

2.1.6.1. 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;

2.1.6.2. education, medical, financial, criminal or employment history;

2.1.6.3. 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;

2.1.6.4. blood type, fingerprint or any other biometric information;

2.1.6.5. personal opinions, views or preferences;

2.1.6.6. 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

2.1.6.7. 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—

2.1.7.1. the collection, receipt, recording, organisation, collation, storage, updating or modification, testing of, retrieval, alteration, consultation or use;

2.1.7.2. dissemination by means of transmission, distribution or making available in any other form by electronic communications or other means; or

2.1.7.3. merging, linking, blocking, degradation, erasure or destruction;

2.1.7.4. 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.

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.

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.

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.

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
require.

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.

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.

12.3.1. 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.

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.

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.

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

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.

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.

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.