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Terms & Conditions

ZOOM RETAIL (PTY) LTD

Last updated: 1 September 2011

1. Introduction

1.1. These Conditions govern your use of the Website and your purchase of Zoom Products using the Website.

1.2. In these Conditions :

1.2.1. “Conditions” means these terms and conditions;

1.2.2. “Main Centres” means any destination within a 50 (fifty) kilometre radius of the following cities: Pretoria, Johannesburg, Bloemfontein, Cape Town, George, Port Elizabeth, East London, Durban, Pietermaritzburg, Pietersburg and Nelspruit, but excludes plots, farms, and mines within that radius.

1.2.3. “Payment Gateway” means Mygate Payment Solutions;

1.2.4. “Products” means the Zoom Products which are offered for sale on this Website;

1.2.5. “Website” means the Website www.zoomfootwear.co.za; and

1.2.6. “Zoom” means Zoom Retail (Proprietary) Limited, Registration Number 1999/001136/07 of 18 Island Park, Auckland Street, Paarden Eiland, 7405 t/a Zoom, its affiliates, subsidiaries and divisions.

2. Use of Website

2.1. By your use of and access to this Website, you agree to these Conditions of use as contained in this document.

2.2. You shall only use this Website to browse the content, make legitimate purchases of Products and shall not use this Website for any other purpose, including without limitation, to make any speculative, false, illegal or fraudulent purchase, transactions or communication.

2.3. You may access and use this Website solely for your personal use.

2.4. You agree not to access or use this Website in any manner prohibited by these Conditions or as is unlawful.

2.5. This Website and the content provided in this Website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. Deep-linking, embedding or using analogous technology is strictly prohibited. Your unauthorized use of this Website and/or the materials contained on this Website may violate copyright, trademark or other intellectual property laws or other laws.

2.6. You hereby indemnify and hold Zoom harmless against any loss, claim, action or damages suffered or incurred by Zoom as a result of your breach of any of these Conditions or your incorrect or unlawful use of this Website.

2.7. Your use of and access to this Website is entirely at your own risk.

3. Zoom’s Rights

3.1. Zoom may at any time:

3.1.1. modify or withdraw, temporarily or permanently, the Website (or any part of the Website) with or without notice to you and you confirm that Zoom shall not be liable to you or any third party for any modification to or withdrawal of the Website;

3.1.2. as the Website is subject to change from time to time, amend these Conditions or alter the content of the Website. If you do not agree to any amendment to the Conditions then you should immediately stop using the Website. Your continued use of the Website (or any part of the Website) following such change shall be deemed to be your acceptance of such amendment. Should Zoom revise these Conditions or Website content at any time, the “last updated” date at the head of these Conditions will be amended accordingly. It is your responsibility to check regularly to determine whether the Conditions have been amended;

3.1.3. monitor the access to and use of the Website and other activities in relation to the Website and may intervene in such manner as it in its sole discretion deems necessary and appropriate in this regard;

3.1.4. in Zoom’s sole discretion, terminate or suspend your access to or use of the Website or any portion of the website at any time, without notice, and without having to furnish a reason for such termination or suspension.

3.2. Zoom will use its reasonable endeavors to maintain the Website. Subject to any law, Zoom will not be liable to you for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website or for any other reason.

4. Content of the Website

4.1. Whilst every effort is made to update the information provided on this Website on a regular basis, Zoom makes no representations or warranties, whether express or implied in law as to the accuracy, completeness or reliability of any information, data and/or content on the Website.

4.2. The information contained in this Website is provided in good faith and is illustrative only. Zoom reserves the right at any time to change or discontinue without notice, any aspect or feature of the Website and any information, data and/or content on the Website.

4.3. Nothing in this Website constitutes a warranty of the Products or the in-store price of the Products.

5. Copyright and Intellectual Property Rights

5.1. Copyright and all intellectual property rights in all materials, texts, drawings and data made available on this Website (collectively “the materials”) are owned by Zoom, alternatively Zoom is the lawful user of such Copyright and intellectual property rights in the materials, and the materials are protected by both South African and international intellectual property laws. Any unauthorized copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation or use of such material or any component of such material will constitute an infringement of such copyright and other intellectual property rights.

5.2. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this Website are registered and unregistered trademarks of Zoom, alternatively Zoom is the lawful user of such trademarks. Nothing contained on this Website should be interpreted as granting any license or right to use any of the materials or trademarks without the prior written permission of Zoom.

5.3. Despite the above, Zoom authorizes you to make one electronic or paper copy of the information posted on any page of this Website provided that the copy is used only for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices contained on this Website and by any laws regulating same.

6. Electronic Communications

6.1. When you visit the Website or send e-mails to us, you are communicating with Zoom electronically. You consent and agree to receive communications from Zoom electronically. Zoom will communicate with you by e-mail or by posting notices on this Website.

6.2. You agree that all agreements, notices, disclosures and other communications that Zoom provides to you electronically satisfy any legal requirement that such communications be in writing.

7. Your Account

7.1. If you register with Zoom using this Website as user, customer or accountholder or provide information to Zoom in any manner, you agree to provide only true, accurate, current and complete information.

7.2. If Zoom issues a username and/or password to you, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Zoom shall have no liability in this regard.

7.3. This Website does sell Products for children, but it sells them to adults, who can purchase with a credit card. If you are under the age of 18 (eighteen), you may use this Website only with the involvement and consent of a parent or guardian.

8. Hyperlinks

8.1. No person, business or website may link to any page on this Website without the prior written permission of Zoom. In an attempt to provide increased value to Zoom’s users and customers, Zoom may provide links to other websites or resources.

8.2. You acknowledge and agree that Zoom is not responsible for the availability of such external websites or resources, and Zoom does not endorse and is not responsible or liable, directly or indirectly, for the privacy practices or any of the content (including, but not limited to, misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

8.3. These websites or resources are used by you entirely at your own risk.

9. Products

9.1. Zoom attempts to be as precise as possible in describing all Products available for sale and/or distribution using this Website. Zoom has made every effort to display as accurately as possible the colours and styles of the Products that appear on this Website.

9.2. Zoom does not warrant the availability of any of the Products.

10. Prices

10.1. The price of each of the Products is displayed with the Product. In the event of a sale or special offer, the discounted or special offer price is displayed. The prices are quoted in South African Rands (ZAR) and are only valid and effective in the Republic of South Africa for the stated period. All prices include VAT at 14% (fourteen per cent).

10.2. Unless stated otherwise, all prices quoted do not include shipping, handling and insurance charges. Separate charges for shipping, handling and insurance will be shown on the order confirmation for each order, as applicable.

11. Agreements of Sale

11.1. Placing an item in a shopping basket on this Website without completing the purchase cycle does not :

11.1.1. constitute an agreement of sale and you, as customer, cannot hold Zoom liable if such items are not available when the purchase cycle is completed later; and/or

11.1.2. constitute an order for such an item; and

11.1.3. Zoom may remove such an item from the shopping basket if no stock is available.

11.2. An agreement of sale between Zoom and you only comes into effect if and when a credit card authorization is received via the Payment Gateway from the issuing bank and provided the Product ordered by you is available.

11.3. Zoom reserves the right to refuse to accept and/or execute an order without giving any reasons. Zoom also reserves the right, at its reasonable discretion and by furnishing reasons therefore, to cancel orders in whole or in part as circumstances dictate upon cancellation. In the event of cancellation, Zoom shall only be liable to refund monies already paid by you and shall have no other liability in this regard.

11.4. Zoom shall take all reasonable efforts to display correct and accurate prices. However, should errors occur and Products be offered at incorrect prices, Zoom will not be obliged to sell Products at such incorrect prices and shall be entitled to cancel the order and shall be liable only to refund any monies paid.

12. Returns and Refunds of Products purchased using this Website (“return and refund policy”)

12.1. If you are unhappy with any items or Products purchased using this Website, Zoom will gladly refund or exchange unworn merchandise within 15 (fifteen) days of delivery date.

12.2. Zoom offers manufacturing guarantee of 30 (thirty) days on all our Products.

12.3. Subject to the provisions of clause 12.7 below, returns or exchanges will not be accepted after the 15 (fifteen) days.

12.4. Unfortunately, Zoom does not accept exchanges or returns at all on sale items or on items which have been used or worn.

12.5. For returns accompanied by an original sales receipt /packing slip, a refund will be made once Zoom has received the returned Product and is satisfied that it is unworn. The refund will be in the form of a credit to your credit card for the price recorded on the receipt or slip.

12.6. Should you consider a Product to be defective you may return the Product within 6 (six) months from its delivery date, provided that the Products are returned with the original sales receipt/packing slip. The Product will then be assessed by the area manager concerned. Where Zoom is satisfied that the Product has failed to meet the relevant standards of quality, the Products will be repaired or replaced or a credit note will be issued to you, should you wish, alternatively a refund.

12.7. Please note that “scuffing” and normal wear and tear of a Product or damage caused by using a Product for purposes other than those for which it is designed or intended will not be considered a defect for the purposes of this return and refund policy.

12.8. Shipping, handling and insurance charges on all purchases are not refundable.

12.9. This returns and refunds policy is applicable only to purchases of Products using this Website. Return and refunds policies may differ in Zoom retail or franchised stores and from store to store, and those policies will be binding on you at the time of purchase in such retail or franchised store.

13. Governing law

This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.

14. Payment methods

14.1. Zoom uses the Payment Gateway as the method of processing the payments due by you in making an order using this Website. For details of the Payment Gateway and the assurances they make regarding privacy and security, please see www.mygate.co.za. Zoom, whilst it has made every effort to ensure that your privacy and security is protected, makes no warranties in this regard.

14.2. All transactions will be processed in South African Rands (ZAR) as a credit card payment using the Payment Gateway.

14.3. Only payments made from within South Africa will be considered valid currency for purchase of Products using this Website. Should you wish to purchase a Product from outside South Africa, you should direct your request to Zoom’s customer hotline e-mail address at customercare@zoom.co.zaand request the purchase by style, colour and size. You will be contacted shortly by a customer relations agent who will handle your order manually.

14.4. At the time of placing the order, the transaction details (being Product price, shipping, handling and insurance costs) are presented to Zoom’s bank and an authorization is obtained for the amount of the order using the Payment Gateway.

14.5. Payment is only collected by Zoom when your credit card has been verified and confirmed by the Payment Gateway followed by a confirmation of payment sent to you by e-mail.

14.6. In order to protect its own and the interests of its customers, Zoom uses its best efforts to scrutinize all transactions very carefully in order to detect attempted fraud and a transaction may be refused if Zoom is not satisfied with its legitimacy. Zoom shall not be liable for any fraud perpetrated using this Website.

15. Shipping and handling

15.1. Zoom will ship the Products ordered by you to the address indicated in the order confirmation. Zoom will only ship Products to addresses located within South Africa.

15.2. Delivery times provided by Zoom are estimates only. Zoom shall not be responsible for any damages or costs resulting from any delays in delivery.

15.3. Products purchased by you from Zoom will be delivered to you by Zoom by using a courier service, namely Berco Express. This is a door-to-door service. The delivery address you submit must be a physical address, and cannot be a post office box. You will need to ensure that someone is available at the delivery address designated by you to accept delivery. Deliveries are made during business hours from Monday to Friday. Zoom may, in its discretion, use alternative courier services.

15.4. Zoom offers delivery within 3 to 5 (three to five) working days from date of order dispatch. Delivery may occur sooner if the delivery address is classified as a Main Centre.

15.5. If you need delivery to be effected faster than our standard delivery times, please contact our Customer Services Department on email: customercare@zoom.co.zaor telephone: 0861-00-ZOOM (9666).

15.6. The table below (“Surcharges”) displays priority delivery examples and options. Please refer to this table if your shipping falls under any of these categories.

Surcharges
Special trips	In the event of you requiring a dedicated courier and vehicle to collect and/or deliver a shipment, additional charges will be levied at a per kilometer rate of R 2.60 (two rand and sixty cents). Zoom’s Customer Care call centre will be able to provide you with this information at your request.
Mines, Power Stations, Plot/Farms, Military Bases, Game Lodges and Ports / Harbours	A surcharge of R 65.00 (sixty five rand) for the first 2 (two) kilograms, plus R 1.80 (one rand and eighty cents) for each additional kilogram thereafter will be charged over and above the regular rate.
Embassies and Consulates	R 180.00 (one hundred and eighty rand) per waybill
After Hours Surcharge Collections/Deliveries actioned: after 17h30 and before 07h30, Monday to Friday after 13h00 on a Saturday and before 07h30 on a Monday	R 150.00 (one hundred and fifty rand)
Public Holidays	R 150.00 (one hundred at fifty rand)
Saturday Collections/Deliveries after 07h30 and before 13h00	R 65.00 (sixty five rand)

16. Privacy Policy

16.1. Zoom is committed to protecting your privacy. All the information gathered in the online forms on the Website is used to personally identify users who subscribe to this service.

16.2. The information will not be used by Zoom for anything other than that which is stated in these Conditions. The information will not be sold or made available by Zoom to any third party.

16.3. The Website may collect certain information about your visit, such as (without limitation) the name of the internet service provider and the internet protocol (IP) address through which you access the internet; the date and time you access the Website; the pages that you access while at the Website and the internet address of the website from which you linked directly to Zoom’s Website. This information is used to help improve the Website, analyze trends, and administer the Website.

16.4. Zoom may need to change this policy from time to time in order to address new issues and reflect changes on our Website. Zoom will post those changes here so that you will always know what information Zoom gathers, how Zoom might use that information, and whether Zoom will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about Zoom’s privacy policy, please contact Zoom by e-mail. By using this Website, you signify your acceptance of this Privacy Policy. If you do not agree to this policy, please do not use the Website. Your continued use of the Website following the posting of changes to these terms will mean that you accept those changes.

17. Cookie tracking

17.1. The Website may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Website, and understanding how visitors use the Website. Cookies can also help customize the Website for visitors. Personal information cannot be collected using cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information.

17.2. Aggregate cookie and tracking information may be shared with third parties.

18. Disputes

18.1. In the event of any dispute of any nature arising between the parties on any matter provided for in, or arising out of these Conditions, and not resolved through the Customer Relations Department of Zoom, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Cape Town in English.

18.2. Nothing in this clause, however, shall prevent either party from from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.

19. Disclaimer

19.1. Zoom or any of its agents or representatives shall not be liable for any damage, injury, loss or liability of any nature, whether direct or indirect, arising from your use or inability to use this Website or any other cause relating to the services or content provided from and through this Website or as a result of your supplying personal information and details. Furthermore, Zoom makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be uninterrupted and error free.

19.2. This Website is supplied on an "as is", “as available” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility as the user and customer to satisfy yourself prior to entering and using this Website that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software and/or computer and banking systems.

19.3. Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Zoom and you are encouraged to consult professional advisors before taking any course of action related to information, ideas or opinions expressed on this Website.

19.4. Subject to the Product guarantee referred to in clause 12 above, Zoom makes no representations that Products, materials or content available through this Website are available for purchase. All Products purchased are used by you at your sole risk.

19.5. All items purchased from Zoom are delivered to you pursuant to agreements with courier service agents and risk of loss passes from Zoom to the agent upon delivery of any item to such agent. You hereby indemnify and hold Zoom harmless from damages or losses occurred once the courier service agent has taken delivery of the Products. Your only recourse will be against the relevant courier service agent that delivered the Products to you, should you have elected to insure the Products.

19.6. For the purposes of this clause, Zoom shall include Zoom’s affiliates and Zoom’s and its affiliates’ respective directors, officers, employees, agents and contractors. This clause shall survive the termination or expiry of these Conditions.

20. Miscellaneous

20.1. These Conditions including, without limitation, any other Conditions that may appear on the Website contain the full understanding with respect to your use and access of the Website and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Website.

20.2. If any portion of these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified or excised in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect.

20.3. The failure of Zoom to insist upon or enforce strict performance by you of any provision of these Conditions shall not be construed as a waiver of any provision or right.

21. Termination

Zoom reserves the right, at its sole discretion, to terminate your access to all or any part of this Website, or to terminate this Website or any Product offering (with or without notice).

22. Reservation of rights

All rights not expressly granted in these terms are reserved to Zoom.

23. Applicability of these Conditions

For the avoidance of doubt, it is recorded that these Conditions apply only to the use of this Website and to purchases of Products made via this website. These Conditions do not apply to purchases of Products at any of the Zoom retail or franchised stores.

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