Introduction

Welcome to the official website of Zuco Sport proprietary limited. Throughout this document we will refer to Zuco as “the company “, “we”, “us'”, and “our”. The policy includes terms such as ” Intellectual Property Rights”, “ECT Act”(Electronic Communications and Transactions Act), and “Personal Information” (as per the Protection of Personal Information Act or POPI Act) as a means to clarify the scope and application of the policy.

These terms and conditions govern the access, use, and interaction with our website, www.zucosales.co.za, including the the process of application, registration, ordering, sales, and delivery of goods. By accessing and using our website you are agreeing to comply and be bound by these terms and conditions, and continued use implies consent to the terms and conditions as they are updated over time.

Users under 18 years of age must have parental or guardian consent to be bound by the terms and conditions of this policy when using or accessing our website. Zuco reserves the right to amend these terms as necessitated and provide prior notice to users when collected personal information or its purpose is affected by these changes.

Registration

User registration

To access and utilise our website users must first undergo an registration process. This can be done by visiting www.zucosales.co.za and clicking on register. Users will then be required to complete the registration form, with accurate and current information, and submit it, with the additionally requested documents, to info@zucosales.co.za for review.

Users are responsible for maintaining the confidentiality of their account login credentials and for all activity conducted from their account. Further, users are also responsible for keeping their information up to date.

Approval and account setup

After submission of registration documents, they will be reviewed by our team. Once the users’ registration has been approved their specified login details will become active and can then be used to access all features and services available on the Zuco website.

Please note: The company reserves the right to deny access and use of our website to any person or business that does not comply with our registration criteria or at our own discretion.

Zuco may require additional verification or information from users to complete account setup or to continue using certain services.

De-registration

Users can request to de-register or terminate their account if they wish to discontinue their use of Zuco services.

The company reserves the right to terminate a user account if said account is in violation of terms, unauthorised activity, or if required by law.

Restrictions of website usage

Prohibited actions

Users are not permitted to copy, modify, distribute, lease, or license any part of the website, with the exception of personal, strictly non-commercial use. Further prohibitions include reverse engineering, disassembling, or creating derivative works based on the website, as well as unauthorised sharing or access provision of website and services to any third parties.

Hyperlinking

Users are prohibited from creating hyperlinks to any part of the website without prior written consent from Zuco. If a hyperlink is created, the user will assume responsibility for any consequences and agree to indemnify Zuco for any related loss or damage.

Permitted use

The website is intended for personal, non-commercial, and informational purposes only, any use outside this scope is unauthorised.

Order placement

Placing orders

By selecting products and submitting the required payment and delivery information, the user makes an offer to purchase. However , this does not immediately constitute a sale. Zuco has the discretion to either accept or decline a purchase order, and therefore a binding contract is only established once we have accepted the order, which will be communicated in a timely manner.

All orders must be placed through our online platform or directly through a sales representative. We do not accept orders through any other channels of communication.

Order acceptance

Order acceptance will rely on the provision of a successful payment, to either settle the required amount or in exceptional circumstances the successful payment of an order deposit.

Limited stock availability

 Orders are subject to stock availability, and the company does not guarantee that all products on the website are in stock. Likewise, Zuco does not guarantee that the the available stock will fulfil the user ‘s product quantity request, in which case the order will be denied.

Price fluctuation

Prices shown on our website are subject to change without prior notice. Zuco retains the right to modify prices for goods offered due to market conditions, and any other factors that could significantly impact our manufacturing expenses.

Estimated time of arrival (ETA)

Once an order is confirmed the customer will receive regular updates on the status of their order, however leading times are dependent on the stock availability of the requested product(s).

In-stock products will be delivered in no more than 5 business days.

Although we regularly update ETA dates for incoming stock, unforeseen delays in supplier, shipping or customs processes may occur. Therefore, these dates are subject to change. Lead times do not include weekends, South African public holidays, or Zuco’s annual shut down.

Payment

Accepted payment methods

 Zuco accepts various payment methods, typically including credit/debit cards, bank transfers and potentially other digital payment methods, depending on user availability and location.

Payment verification

An order will only be processed and confirmed once payment has been finalised, additionally the company may require further verification steps or documents to prevent fraud and enforce secure transactions.

Payment security

Zuco ensures secure handling of users’ payment information, often through encryption and other protective measures. The specifics of these measures may vary depending on depending on payment method.

Pick-up and courier services

Customer pick-up

Customer is responsible for the collection of goods at our warehouse once their order is complete. Zuco is not responsible for the loading of goods into transport vehicle nor for the provision of said transport vehicle.

Notice: All Zuco products are subjected to quality testing before an order is complete, thus the company is not liable for any damage to goods during or after customer pick-up.

Customer courier pick-up

Customer is responsible for all costs and communication with both the company and the courier service regarding the collection of goods from our warehouse and delivery of goods to a specified location.

Notice: All Zuco products are subjected to quality testing before an order is complete, thus the company is not liable for any damage to goods while in the possession of the customer supplied courier service.

Zuco courier pickup

Zuco employs _____________ courier service to dispatch and deliver goods upon order completion. A delivery fee will be charged for the use of Zuco delivery services and will be indicated on the order invoice.

Cancellations and returns

Order cancellation and damages

Once an order is confirmed, user may cancel it within a specified time frame, however cancellations may be restricted once an order has been processed. Zuco may charge a cancellation fee in such cases.

Any damages or shortages must be reported immediately through the contact channels on our website to initiate a return or replacement process.

Cancellation policy

Cancellations are generally allowed before an order has been processed. After this point, cancellations may be denied or subject to fees. Certain products may be un-cancellable once production has started as stated in the terms.

Failure to make full payment within 5 working days will result in an order cancellation. For orders valued above R5000 (excluding VAT) that are cancelled a 15% handling and administrative fee will be charged. The company reserves the right to cancel an order and impose a 15% handling fee in case of non-payment. Orders that have already undergone the layout process cannot be cancelled after 10 working days, and a layout fee of R100 (excluding VAT) per layout will be charged. No cancellations will be accepted after final artwork approval and commencement of production. No future orders will be processed until prior cancellation fees have been settled.

Faulty goods and returns

Faulty goods are eligible for return or exchange, given user reports the faults within a designated time frame (24 hours) after receiving order, failure to do so may affect eligibility for returns or exchanges. Zuco will inspect returned items to verify faults before processing refunds or exchanges.

Repair returns

For items necessitating repairs, users may return the item under warranty (see warranty section) or as otherwise specified in the return policy. Repairs may have associated costs if the item is out of warranty, users will be notified of charges or estimated cost before repairs proceed.

Repaired items that are not collected within 7 business days after repairs are complete may be sold by the company to recover costs.

Returns approval

Returns must be pre-approved by Zuco, following a review of the reason for the return, original invoice and supporting evidence of damages. Approved returns will be processed according to the company’s timeline, and user may be responsible for the shipping costs unless the return is a result of a fault or error by Zuco.

A 25% handling and administrative fee applies to approved returns of collected stock. No future orders will be processed unless prior cancellation fees have settled.

Samples

Zuco understands that users may require product samples to finalise an order. To accommodate this:

• Samples are available for purchase at a discounted price, upon request and may be collected from our Pretoria showroom.
• All sample orders should be paid and collected within 5 business days of approved invoice, negligence to pay and collect order within this time frame may result in order cancellation.
• Users may have orders collected by a courier service or make use of the Zuco courier service, in which case our courier policy is applicable.
• Sample orders consisting of less than 10 stock items that are invoiced, approved and paid before 11 am will be ready for collection in 1-2 business days.
• All sample orders that exceed 10 stock items will be invoiced and treated as a bulk order. These orders may require specifications on delivery method. 
• Zuco, discloses that sample orders may not be refunded, apart from faulty products.

Warranties

Guaranteed goods

Zuco may provide warranties on certain products, guaranteeing they are free from defects in material, workmanship, and manufacturing faults for a specified period. However, certain goods that are exempt from product warranties may have latent defects, for which the company is not responsible.

If a product defect is identified within the warranty period, Zuco may offer a repair, replacement, or refund, depending on the product and the nature of the defect.

Warranties only apply if goods are used under normal conditions and as intended, with the exclusion of misuse, accidents, and unauthorised modifications.

Liability and repairs

Zuco’s liability is limited to the repair or replacement of defective products, or a refund if repairs or replacements are not feasible. However, the company is not liable for incidental or consequential damages that may arise from the use of goods, such as loss of profits or business disruptions.

For items outside the warranty period or cases not covered a warranty, repair services may still be available, however, the costs remain the responsibility of the customer. Zuco will inform the user of all costs before proceeding with repairs.

Intellectual property

Limited license

By accessing this website, users are granted a limited, non-exclusive license to use the content provided for personal, non-commercial purpose. This license does not permit users reproduce, modify, or distribute the content, including text, graphics, images, videos, and audio, without obtaining prior written consent from Zuco, this ensures the company retains control over its intellectual property.

Third- party content disclaimer

The website may include content or links from third parties. Zuco does endorse or control third-party content and acknowledges that it is subject to Intellectual Property Rights of the respective owners.

The company does not claim responsibility for the accuracy or appropriateness of said third-party content. Users engaging with third-party content, do so at their own risk, with Zuco disclaiming liability for any loss or damage that may occur.

Trademarks and logos

The trademarks, logos, and service marks displayed on this website are the property of Zuco or its affiliates. Users are strictly prohibited from using any trademarks and logos from this website without obtaining prior written consent from Zuco or the respective trademark owner, to ensure brand protection.

User submissions

Any content posted or submitted to the website by users (for example comments or reviews) may be used by Zuco without compensation. Users grant the company a royalty-free perpetual license to use, distribute and reproduce submitted content to fulfil order requests, while also agreeing not to post content that is unlawful, defamatory, or violates other rights.

Zuco will not claim ownership of users’ intellectual property and will not use it for any purpose not stated in the terms without obtaining explicit consent.

Users are personally responsible for ensuring that their submissions do not infringe upon any third-party intellectual rights. Zuco will not be held liable for any copyright or trademark infringement arising from users’ submissions.

Disclaimer

Your utilisation of the Zuco Website is undertaken entirely at your own risk, and you, the user bear sole responsibility for any loss or risk arising from such utilisation or reliance on the information provided on the website. Zuco makes no guarantees regarding the accuracy or reliability of the information, services, or content on the website. Whilst we endeavour to ensure the accuracy and completeness of the content on the website, users should independently verify information for critical decisions.

Zuco may link to third-party websites, however the company does not control or endorse these sites, nor is it responsible for the content and privacy practices of said third parties. Users access these websites at their own risk.

We hereby disclaim any liability for any direct, indirect, or consequential damage, loss, or liability arising from your access or use of the website and its content, unless otherwise mandated by applicable law. Users assume full responsibility for any loss or damage of profits or data as result of website use.

Zuco disclaims all implied warranties including those of merchantability, fitness for a particular purpose, and non-infringement. The company disclaims that the information and files available are free from viruses or any harmful data or code that may disrupt, disable, or compromise the operation, stability, security, functionality, or content of your computer system, mobile device, or network (unless arising from our gross negligence).

Any views or statements presented on the website will not necessarily reflect our views or statements.

Limitation of liability

Zuco PTY Limited will not assume any liability for any direct, indirect, incidental, special, or consequential damages resulting from your use of the website, inability to use the website, or any unlawful activity on the website or linked third-party websites.

By using the website, you agree to indemnity and hold Zuco Sport not liable against any loss, claim, or damage arising from your use of the website or any linked third-party websites.

Privacy policy summary

Our Privacy Policy outlines how our website safeguards the privacy of our users in compliance with applicable data protection laws. Please refer to the Zuco Privacy Policy available on our website

Collection and processing of personal information

Zuco collects personal information through the website when users register, place orders or participate in promotions. This information includes names, contact details, location, and IP addresses, gathered through either user provided input or cookies.

Personal information is processed to verify users, provide services, segment markets, and enhance user experience. Users’ personal information will also be processed for legal compliance.

Third-party disclosure

Zuco may share aggregate data, like sales statistics, with third parties, however, this information retains the user’s anonymity. Personal information is only disclosed to third parties with explicit user consent, if required by law, or if it aligns with legal compliance requirements.

Security measures

The company implements appropriate security measure to protect users against unauthorised access, loss, or destruction. This includes secure data storage practices and limited access to personal information. Zuco regularly reviews our security measures to adapt as provision for new risks and ensure data protection aligns with industry and lawful standards.

User rights

Users have the right to access, correct, update or request deletion of their personal information held by Zuco, in compliance with the Protection of Personal Information Act (POPI). Users can exercise these rights by contacting Zuco, via the contact information on our website, to request changes to their data or withdraw consent where applicable.

Use of cookies

Zuco utilises cookies to enhance user experience, track website visits, and collect usage data. First-party cookies enable personalised interactions, whilst third-party cookies assist with website traffic analysis and advertisement.

Users can choose to limit or disable cookies in their browser settings, although doing so may impact the website functionality (see Cookie Policy).

Consent

By accessing our website, users acknowledge and consent to the collection, processing, and disclosure of their data as outlined in the policy. Users may withdraw consent by contacting Zuco, however, this may affect their access to certain website features and services.

Force Majeure

Force Majeure events include any unforeseen circumstances that prevent Zuco from fulfilling any contractual requirements.

If the company is restricted directly or indirectly from carrying out all or any of our contractual obligations under this agreement because of:

• Strike
• lock-out
• Fire
• Explosion
• Floods
• Riot
• War
• Accident
• Act of God
• Embargo
• Legislation
• Shortage of- or breakdown in transportation facilities
• Civil commotion
• Unrest or disturbances
• Cessation of labour
• Government interference or control

Or any other cause or contingency beyond the control of Zuco, the company will be relieved of our obligations hereunder during the period that such event and its consequences continue, but only to the extent so prevented.

During a Force Majeure event, Zuco is not liable for any delays, failures in delivery, or inability to provide services. These events temporarily relieve the company of performance obligations, loss, or damages either general, special, or consequential without penalty.

Zuco may notify users of delays or interruptions caused by Force Majeure, the company will henceforward give users notice of any such inability to perform our obligations and take reasonable steps to minimise the impact on the user.

Upon the conclusion of a Force Majeure event, Zuco will provide users with immediate notice thereof, and resume operations and fulfil any pending obligations as soon as feasible.

Should such Force Majeure event exceed a period of 90 days the user will be entitled to terminate the current agreement in respect of an obligation still to be subsequently performed by Zuco.

Governing Law

These terms and conditions are governed and interpreted by the laws of the Republic of South Africa, including but not limited to:

• Electronic Communications and Transactions Act (ECTA) 2002
• Consumer Protection Act (CPA) 2008
• Companies Act 2008
• National Credit Act 2005
• Consumer Protection Regulations (CPRs)
• Protection of Personal Information Act (POPI) 2013
• Regulation of Interception of Communications and Provisions of Communications-Related Information Act 70, 2002
• Promotion of Access to Information Act (PAIA) 2000

Arbitration

Disputes arising from- or related to website access, services, and terms must be resolved through arbitration rather than traditional court proceedings, except for urgent or interim relief. The proceedings will take place in Johannesburg, and are to be conducted in English and in accordance with the Rules of the Arbitration Foundation of South Africa, with the arbitrator(s) appointed by the Foundation.

The arbitration ruling is final and binding on both parties, meaning the decision is enforceable, and parties cannot subsequently pursue the matter in court. The unsuccessful party in the arbitration is responsible for the costs incurred by the successful party, covering expenses on a scale between attorney and own client.

Devisability

If any clause or term in this agreement is deemed invalid, unenforceable, or illegal by a court of competent jurisdiction, it will be removed from the terms, however the remaining provisions will retain validity. The remaining provisions remain effective and enforceable to the fullest extent permitted by law, preserving the integrity of the agreement, unless the invalidity, lack of enforceability, or illegality fundamentally affects the essence of the agreement. 

Domicilium and notices

Zuco designates its physical address for the service of legal notices as the head office at, 105 Sovereign Dr, Corporate Park, Route 21, Irene, Pretoria, South Africa.

Users are responsible for providing a valid address for correspondence when registering or engaging with the company. To ensure clarity in communication and legal compliance, notices sent between Zuco and users may be sent via email, registered mail, or as specified in agreement.

Notices sent via email are presumed received within 48 hours of being sent, excluding weekends, public holidays and Zuco’s annual shut down, and unless a notification indicates that the email address is invalid.

Notices sent via registered mail will be deemed delivered within 7 days of mailing, unless evidence to the contrary is provided.

Regardless of any clauses stated, a written notice or communication will be considered valid if received by recipient, even if not delivered to the chosen domicilium.

General

This agreement sets forth the overarching terms and conditions governing Zuco’s user agreement:

• These terms are governed by the laws of the Republic of South Africa, implementing South African legal standards to all agreements and interactions with Zuco.
• The company administers and operates the website from inside South Africa. Users accessing the website from outside South Africa are personally responsible for compliance with their local laws, especially if any content or features violate regional regulations.
• The website content may not be appropriate or accessible in all international regions. Zuco prohibits access from areas where the website content is illegal and use the website in compliance with South African export laws.
• These terms constitute the full, binding agreement and entire understanding between Zuco and the user, superseding any prior agreements, whether written, oral or implied. This clause ensures no external promises or understandings alter the terms explicitly stated here.
• Zuco’s negligence or leniency granted to enforce any part of the terms does not imply a waiver of those rights. The company retains the right to enforce any part of these terms in future, regardless of if we have chosen not to act in previous situations.
• Users are not permitted to transfer or assign their rights or obligations stated in these terms to another party without Zuco’s written consent. The company, however, reserves the right to assign its rights as needed.
• These terms do not constitute a partnership, joint venture, agency, or employment relationship between the company and the user.
• Clause headings throughout the document are for reference purposes only and do not influence the interpretation of the agreement. Additionally, singular words may be interpreted to include the plural, and masculine words may be inclusive of all genders, ensuring the language nuances do not limit the scope of the terms.
• If any part of the terms is found to be invalid, the part is removed without affecting the validity of the remaining terms, allowing the agreement to remain enforceable with the exclusion of the voided provision.
• No changes or cancellations of this agreement (including this clause) will be valid unless contrarily stated in writing and signed by the company. ’In writing’ excluded data messages as defined by the ECT Act and ‘signed’ refers to a handwritten signature without electronic intervention.