TERMS & CONDITIONS
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1.1 The following terms and conditions of sale (“Terms and Conditions”) apply to the offer and sale of products through the ZINATHI INTERNATIONAL (PTY) LTD website (the “Site”). These Terms and Conditions must be read together with the general terms and conditions that apply to the use of the Site, to be found at www.zinathi.com.
1.2 To be eligible to purchase products on the Site customers must: (a) be at least 18 or, if minors, be duly authorized by their legal representative; (b)
be consumers, meant as natural persons acting for purposes extraneous to their trade, business, craft and profession; and (c) hold a valid credit card.
1.3 This contract shall be executed in English and shall be governed by the law of the Republic of South Africa (“South Africa”), including, but not
limited to, the Electronic Communications and Transactions Act 25 of 2002 (as amended) (“the ECT Act”) and the Consumer Protection Act 68 of 2008 (as amended) (“the CPA”).
2.1 Information on products is available on the Site, and is provided in accordance with the ECT Act.
2.2 We will take all reasonable care to ensure that all details, descriptions, images of products appearing on the Site are correct at the time when the
relevant information was entered onto the system; however, to the extent permitted by applicable law, we do not warrant that said details,
descriptions, images of products are accurate, complete, reliable, current, or error-free.
2.3 The products described on the Site, and any samples thereof we may provide to the customer, are for personal use only. Customers may not sell or
resell any of these products or samples thereof. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or samples to be provided to the customer that, in our sole discretion, may result in the violation of these Terms and Conditions.
2.4 The services provided have not been evaluated by the Food and Drug Administration or by Medicines Control Council . These products are not intended to diagnose, treat, cure or prevent any disease.
3. PAYMENT OPTIONS
3.1 Customers may pay for the products by credit card. The following credit cards are accepted for payments:
3.2 We do not accept credit cards with billing addresses outside of South Africa.
3.3 For customer’s security, customer’s billing name and address must match that of the credit card used for payment. We reserve the right to cancel
any order that does not match these criteria.
All credit card holders are subject to validation checks and authorization by the credit card issuer. If the issuer of customer’s payment card refuses or
does not, for any reason, authorize payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
Except as otherwise expressly agreed to in writing by us, all payments due us by Customer shall be facilitated by Customer by causing a bank acceptable to us.
3.4 Card transactions will be acquired for Zinathi International via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. Users may go to www.peachpayments.com to view their security certificate and security policy.
4. APPLICABLE LAW AND JURISDICTION
4.1 These Terms and Conditions are governed by South African law and must be interpreted in accordance with South African laws.
4.2 Any disputes arising from the interpretation, validity and/or execution of these Terms and Conditions shall be subject to the jurisdiction of the
competent court of the place of residence or domicile of the customer and/or the National Consumer Commission and/or the National Consumer
Tribunal, if applicable, and as the case may be. Complaints or concerns about the protection of personal information may be subject to the jurisdiction
of the Information Regulator established under the Protection of Personal Information Act No. 4 of 2013.
5.1 For any information and support on products and methods of purchase through the Site the customer may contact us by email to firstname.lastname@example.org.
6. LIMITATION OF LIABILITY
6.1 If Goods are delivered to Customer which are manufactured by one of our suppliers and not by us, our warranty obligations hereunder shall be deemed to be met by assignment of all of the warranty claims we have against the respective supplier to Customer who hereby accepts such assignment on account of performance. Only after first taking court action against the supplier and solely to the extent that such action does not relieve Customer of his alleged warranty claims against us, Customer may seek remedy against us.
6.2 Unless expressly otherwise agreed to in writing by us, we only assume warranty for the Goods sold to Customer to the maximum extent prescribed by the applicable mandatory legal regulations.
6.3 To the extent permitted by law, Zinathi International (Pty) Ltd. will not be liable for any indirect or consequential loss or damage whatever arising out of or in connection with the use of the Website.
6.4 You agree to indemnify and hold Zinathi International (Pty) Ltd. and its employees and agents harmless from and against all liabilities, legal fees,
damages, losses, costs and other expenses in relation to any claims or actions brought against Zinathi International (Pty) Ltd. arising out of any breach
by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
7. FIT FOR USE
7.1 The customer shall be solely responsible for determination whether the Goods ordered are suitable for the specific use intended, and we shall to this extent not assume any warranty or liability.
8.1 For hygiene and health reasons items may not be returned or exchanged unless specifically indicated on the website or agreed in writing by Zinathi International (Pty) Ltd.
8.2 The provision of goods and services by Zinathi International is subject to availability. In cases of unavailability, Zinathi International will refund the client in full within 30 days. Cancellation of orders by the client will attract a 20% administration fee.
9.1 The contents of Zinathi International (Pty) Ltd. website do not constitute advice and should not be relied upon in making or refraining from making, any decision. The material on this website is provided for informational purposes only and is not medical advice. Always consult your physician if you are unsure before beginning any therapy program .
10.1 Door-to-door Couriers do not deliver to PO Boxes. Please provide a Street Address at checkout.
10.2 Typically, we'll get the courier to collect your order within 24 hours provided the full payment was made as per the terms specified elsewhere in this terms and conditions.
10.3 If you're not in one of the major centres delivery may take 1 or 3 days longer than the above specified times. All packages are fully trackable and
tracking numbers will be provided once your order has been shipped. (Subject to the courier company and Zinathi is not liable for any 3rd party delays.)
10.4 These timeframes are valid for business days, and take effect from the time that we dispatch your order.
10.5 Shipping charges shall be borne by the customer and are indicated separately on the order form and into the delivery note.
10.6 Time frames are indicative and applicable to domestic (Within South Africa) deliveries. International shipments will vary.
10.7 We make use of the Courier Guy and you can visit their website at www.thecourierguy.co.za for their terms and conditions that are deemed to be included in this section.
10.8 Should you wish to make use of your own courier you must indicate as such in your shopping cart. One your order is packaged for shipment you can arrange for collection via the email@example.com email address.
10.9 Once the parcel has been handed to the relevant courier service we will forward you the waybill detail for tracking with the relevant courier service.
10.10 Subject to availability and receipt of payment, requests will be processed within 3 working days and delivery confirmed by way of an emailed copy of the waybill.
11.1 We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form.
11.2 When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address or phone number. You may, however, visit our site anonymously.
11.3 any of the information we collect from you may be used in one of the following ways:
11.3.1 To personalize your experience (your information helps us to better respond to your individual needs)
11.3.2 To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
11.3.3 To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
11.3.4 To process transactions (Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company
for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.)
11.3.5 To administer a contest, promotion, survey or other site feature.
11.3.6 To send periodic emails (The email address you provide for order processing, will only be used to send you information and updates pertaining to your order. If you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, related product or service
information, etc.) If at any time you would like to unsubscribe from receiving future emails, you must send an email to firstname.lastname@example.org requesting
removal from the mailing list.
11.4 Zinathi International (Pty) Ltd shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
13. CUSTOMER DETAILS SEPARATE FROM CARD DETAILS
13.1 Customer details will be stored by Zinathi International separately from card details which are entered by the client on Peach Payments secure site. For more detail on PayGate refer to www.peachpayments.com
14 MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY
14.1 The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African
15.1 Zinathi International takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website,
customer service and support, dispute resolution and delivery of goods.
16. COUNTRY OF DOMICILE
16.1 This website is governed by the laws of South Africa and Zinathi International chooses as its domicilium citandi et executandi for all purposes
under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
17.1 Zinathi International may, in its sole discretion, change this agreement or any part thereof at any time without notice.
18.1 This website is run by Zinathi International (Pty) Ltd based in South Africa trading as Zinathi and with registration number 2019/534446/07.
19. ZINATHI INTERNATIONAL CONTACT DETAILS
19.1 Company Physical Address: 19 van Renen Rd, Saeview, Port Elizabeth, 6011 Email: email@example.com.
20. PROTECTION OF PERSONAL INFORMATION (POPI) Act
20.1 The Protection of Personal Information (POPI) Act requires us to obtain your consent & inform you on how we use & disclose personal information. We are committed to protecting your privacy & will ensure that your personal information is used appropriately, transparently & according to the applicable law. By completing any form or registering as a member on this site, you authorise Zinathi International (Pty) Ltd to send you information.