Ordering A Product From Us: How The Contract Works
When we sell a Product to you, just like all purchases, there’s a contract in place for that sale. This section of our T&Cs explains how that works. Your order via the Site for a Product is an offer to buy that Product from us. When we get your order, we will send you an order confirmation email listing each Product you have requested to buy and an estimated delivery date.
This order confirmation email is acceptance of your offer by us. At that point a contract will be made between us for you to buy, and for us to sell, the Product that you have requested to buy. You’ll know when we have dispatched a Product, because we will send you an email letting you know.
Price And Payment
The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error. These prices include VAT but exclude delivery costs, which will be added to the total amount due. See our Delivery Policy for more information on this.
Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch process so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Site, we may either contact you and ask you if you would like to proceed with the order at the correct price, or we may contact you to tell you that we have cancelled your order (and you will then need to place a new order if you still wish to buy the Product).
By placing an order on the Site, you confirm that the payment details provided by you are valid and that when your order is accepted and processed by us, payment will be made in full and correct. No half payments unless a discount code is being used.
Availability And Delivery Of Products
Delivery dates are estimated and are not guaranteed. Subject to stock availability, we aim to dispatch a Product ordered before 5pm on the same working day. We will always try to fulfil orders, but our only responsibility to you where a Product is no longer available, or if we are unable to supply a particular Product for whatever reason, is to make sure we do not charge you for the Product.
Our standard South African delivery service is free for orders above R1000. If you select an express delivery method there will be a delivery charge. For delivery to the United States of America, you will be liable to pay for any customs and duty charges for orders. There may also be some places we cannot deliver to. If you would like to know more about delivery options, prices and restrictions, see our Delivery Policy.
I’ve Changed My Mind About My Order – I’d Like To Return A Product For A Refund
Under the Consumer Contracts Regulations you have until 14 working days after you receive certain products to tell a retailer that you’ve changed your mind and would like to send it back. In fact, we don’t think that’s long enough, so we’re giving you 28 days after you receive a Product.
The Consumer Contracts Regulations only apply to certain categories of products. What this means is that you cannot change your mind and send any of the following Products back:
Products that have been personalised for you, including items that have been tailored or altered by you
Products that, by their nature, cannot be sent back (e.g. swimwear and underwear)
If you change your mind, you must return the Product to us. Until you have decided whether to send a Product back to us, remember that the Consumer Contracts Regulations put a duty on you to take good care of them.
This doesn’t mean you can’t try the Product on or inspect it to see if it’s right for you. All we ask is that you treat our Products with the same care as you would in our stores. So please try to keep the tags on, don’t mess with any hygiene seals or stickers and retain the original packaging as neatly as you can.
You will not be responsible for the cost of sending the Product back to us if you change your mind as long as you use our recommended delivery service, details of which are given in our Returns Policy. If we do not receive the Product back we may arrange for collection of the Product from you at your cost. If you do not send the Product back, or have not looked after the Product and we receive it back damaged, we could make a claim against you for the loss/damage.
Full details on returns can be found in our Returns Policy. To let us know you have changed your mind and wish to cancel your order, please contact our Customer Service team. Once you have contacted us, please follow the instructions in our Returns Policy on how to return the Product to us.
We will issue you with a refund within 14 days of the earlier of receipt of proof of posting of the Products or the date that we receive the Products, including the cost of delivering the Products to you.
We issue refunds via the payment method you used to place the order. If you would like to exchange your Product(s) rather than be issued with a refund, please see the section below.
I Like The Product I’ve Ordered – But I’d Like A Different Size/Colour
If you would like to exchange your Product for a different size or colour, please let us know within 7 days of the date of receipt of the Product. Please follow the section above on cancelling your order and, at the time you cancel your order, just tell us that you’d like an exchange instead of receiving a refund.
If the size/colour you have requested in exchange is unavailable we’ll let you know and issue you with a refund instead.
Problems With Your Order
It is important that each Product’s use and care instructions are followed properly.
For garments, it is important that washing instructions are followed exactly as stated on the label. Each garment is wash-tested thoroughly and quality-checked on each production batch prior to leaving the manufacturer. For accessories, it is important that manufacturers’ instructions about any restrictions on use are followed.
It is your responsibility to take reasonable care of the Product you have bought. We are not responsible to you to the extent that the problem with your Product is caused by your incorrect use or care. But we also understand that sometimes things don’t go according to plan. If there is a problem with your Product, just get in touch as described below and we’ll try and help you.
“I have received a faulty Product”
If you think the Product you received is faulty, please contact zukocares@zukolifestyle.co.za. The team will tell you how to proceed. Please include as many details as possible about the fault.
“I have received an incorrect Product in my order”
If you have received an incorrect Product in your order, please cntact zukocares@zukolifestyle.co.za.. We will then advise on how to proceed with the return. Please include as many details as possible about the incorrect item.
“A Product is missing from my order”
Sometimes we don’t send everything you’ve ordered at the same time, so please check your packing note and dispatch emails to see if any of your items will be arriving separately.
If the dispatch email states an item should be in your parcel but it is not, please contact zukocares@zukolifestyle.co.za. who will try to rectify the mistake as quickly as possible.
Our Responsibility To You
We have taken every care in the preparation of the material on our Site. However, the material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy or suitability for any particular purpose. If you notice a problem, feel free to let us know and we’ll see if we can try and fix it.
If the need arises, we may suspend access to our Site to carry out routine or emergency work. We will not be responsible if for any reason our Site is unavailable. We will not be responsible to you for any errors or omissions, or any technical problems you may experience, or any use you make of the material on the Site, any websites linked to it or any materials posted on it.
If we are in breach of these T&Cs, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you order the relevant Product or the time you otherwise use the Site.
Our total responsibility to you in relation to an order placed by you for a Product will be limited to the amount paid by you for the Product. These limitations and exclusions do not affect your statutory rights and only apply to the extent permitted by applicable law. Nothing in these T&Cs shall limit our liability for personal injury or death caused by our negligence. Because we sell Products for personal use only our responsibility to you shall not for any reason include any business losses such as lost data, lost profits, lost sales or business interruption.
Your Use Of The Site
Intellectual property
“zuko” is a registered trade mark and zuko clothing is a registered company. Members of our group of companies are the owners or the licensees of all trade marks, and all other marks, trade names, brand names, business names, illustrations, images, logos, registered or unregistered designs, copyrights and other intellectual property rights which appear on our Site.
You are licensed to use the material on the Site on a very limited basis: just to use the Site as intended and in accordance with these T&Cs for your own personal, non-commercial use. Nothing more, nothing less! You may not otherwise copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any part of our Site.
Submitting reviews and posting on our blog – keep it legal, keep it friendly, keep it clean!
The rules
Some areas of the Site allow you to enter content. We want everyone using the Site to have a good experience, so you promise that your content (“Content”) will not:
contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
promote sexually explicit material, violence or discrimination based on race, sex, religion nationality, disability, sexual orientation or age;
infringe any copyright, database right, or trade mark, or any other intellectual property rights of any other person;
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or
be used to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material.
Who owns content posted
By submitting Content you are granting us (and our group of companies) a perpetual, royalty-free, non-exclusive, irrevocable license to reproduce, modify, translate, make available, distribute and sublicense the Content in whole or in part and in any form, including for marketing purposes in our own materials and on social media.
Your responsibilities
You will be responsible for all losses, costs and expenses reasonably incurred by us, all damages awarded against us by a court and all sums paid by us as a result of any settlement agreed by us because of:
any claim by any third party that your Content is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or is in breach of any applicable law, regulation or code of practice;
any claim by any third party that your Content infringes that third party’s copyright or other intellectual property rights; and
any claim by any third party that your Content breaches any confidentiality or privacy rights.
Removal of Content
We reserve the right to refuse to post Content on the Site or to remove Content already posted on the Site, although we do not actively moderate content posted.
You must not try to re-post Content that we have refused to post on the Site or that we have previously removed from the Site.
Viruses, Hacking, Scraping
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site ( www.zukolifestyle.co.za ), the server on which our Site is stored, or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately and you will most probably reported to the necessary Authorities for such instance.
General
Third party services
We may from time to time make available through our Site certain services provided by third parties. To gain access to these services, you must register with these third parties and deal with them direct.
We have no control over the content of those third party sites or the performance of these services. Accordingly, you use these services at your own risk and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
Events outside our control
We will not be responsible for any failure to perform, or delay in performance of, any of our obligations towards you that is caused by events outside our reasonable control including Acts of God, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute, or acts of local or central Government or other competent authorities.
Severability
If any of these terms and conditions is held to be invalid, the remaining terms and conditions shall continue to be valid to the fullest extent permitted by law.
Entire agreement
These T&Cs contain the whole agreement between us and you relating to the supply of Products and/or your use of our Site. No additional terms or conditions requested or communicated in any way by you will form part of our contract whether accepted or not by an employee of ours.
Our right to vary these T&Cs
We may revise and amend these T&Cs from time to time. You will be subject to the terms and conditions in force at the time that you order Products from us or otherwise use the Site, even if browsing from the home page of this site.
Law and jurisdiction
These T&Cs are subject to English law. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in South Africa.
Your Legal Rights
We are under a legal duty to supply products that comply with the contract for the sale of products between you and us. We want you to be completely happy with your purchase so if your goods are faulty we will refund you or replace them for up to 3 months from purchase in most cases, just contact zukocares@zukolifestyle.co.za for further assistance.
See below for a summary of your key legal rights in relation to the product. Nothing in our terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
up to 7 days: if your item is faulty, then you can get a refund;
up to three months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
Complaints Policy
Zuko Clothing Pty Ltd Complaints Procedure
If you are not satisfied with your purchase you can return it in accordance with our returns policy. If you are not happy with the response you receive or anything else about your experience with Zuko Clothing you can contact our customer services team directly on zukocares@zukolifestyle.co.za
Once our customer services team have received your complaint we will acknowledge it by email within 72 working hours, so if we receive your complaint at 5pm on a Friday you will receive an acknowledgement by 5pm the following Monday or before Wednesday.
If your issue is straightforward we will be in touch with a resolution within 72 working hours of sending the acknowledgment to you.
If you do not feel that your complaint has been fully resolved when you receive the final response from our customer services team please let our customer services team know and they will refer your complaint to our complaints team. Our complaints team will deal with your complaint in line with the timescales set out above.
If you have purchased from us online and are still unhappy with the resolution, you can submit your dispute for alternative dispute resolution to zukocares@zukocothing.co.za
3 Month Quality Guarantee
When we say that our apparel last, we really mean it. Any item purchased from Zuko Clothing is covered by Zuko Clothing’s guarantee, which means it will be free from fault for a period of 3 months from purchase. Proof of purchase will be required. You can receive either a replacement jacket or bag of the same type or equivalent value, or a refund of the price you paid. This does not affect your statutory rights.
YOUR LISTING and or COLLABORATION
We reserve the right to withdraw or deny the Listing of your Establishment, and / or Your Service, Product/s on Zuko's website.
We shall not be liable for any damage, loss or liability of whatsoever nature arising from us withdrawing or denying the Listing of your Establishment, and / or Your Service, Product/s on www.zukolifestyle.co.za and social pages, or from any loss of information supplied by you.
There are various types of establishments that we will categorically decline to List, including, but not limited to, establishments that participate in hunting of the big cats, endangered species, primates or those that offer canned hunting experiences. Derogatory or blasphemous or any kind of sexual institution that does not align with our value. If you offer these or any other services that may be considered controversial you should let us know so that we can advise as to whether we will approve your Listing.
Zuko reserves the right to present accommodation and service options to Customers in any order, or in any position in the www.zukolifestyle.co.za and social pages. Our criteria for the ordering or position of your Listing in our software need not be transparent, and may be changed at any time without notice.
Your listing may be displayed alongside any other media and/or content, including banners and adverts for any product. You will not be entitled to any revenue that may be generated from said advertising.
Zuko may publish, on your Listing or anywhere else on www.zukolifestyle.co.za and social pages, hyperlinks to any other Internet addresses. These hyperlinks may have destinations that are internal or external to www.zukolifestyle.co.za and social pages.
DELISTING
Zuko may, in its sole discretion, unilaterally Delist your Establishment, and / or Your Service, Product/s from our software at any time without notice.
If you request for your Establishment, and / or Your Service, Product/s to be Delisted from our software, Zuko will Delist your Establishment, and / or Your Service, Product/s within five working days.
You do not have an explicit or implicit right for your Establishment, and / or Your Service, Product/s to be Listed on the Zuko system. This is irrespective of any prior relationship, time period of listing, number of clients referred, payments made, potential effect on your business or any other factor.
You will have no recourse against Zuko or any related person for being Delisted.
While we can Delist you for any reason, whether or not this has been agreed to by you, here is a non-exhaustive list of reasons for Delisting:
- unfair discrimination against Customers
- low quality service
- bad value for money
- an inability to pass a security check
- owing us money
- bad press related to your Establishment, and / or Your Service, Product/s
Zuko need not provide any reason for Delisting your Establishment, and / or Your Service, Product/s. You may contact us if you have been delisted, we will be more than happy to discuss why it has taken place.
In the event of your Establishment, and / or Your Service, Product/s’s Delisting, the rights and obligations of all parties under the terms of this agreement will persist.
In the event of your Establishment, and / or Your Service, Product/s’s Delisting, the rights of any Customers already introduced via the www.zukolifestyle.co.za and social pages will persist.
In the event of your Establishment, and / or Your Service, Product/s’s Delisting, Zuko reserves the right to use any of your Content for any marketing material that may already have been designed or advertising space that may already have been purchased.
In the event of your Delisting, Zuko reserves the right to always retain your Content in the www.zukolifestyle.co.za and social pages, and to display your Listing to Customers who may have already made past enquiries or bookings at your Establishment, and / or Your Service, Product/s.
YOUR CONTENT
We reserve the right to alter your Listing at any time to be in line with best practices on the www.zukolifestyle.co.za and social pages. We are not required to notify you of any such changes.
You warrant that your Content (including, but not limited to, text and photographs) is original and that you have the right to use it for marketing purposes.
You warrant that none of your Content in any way breaches or infringes the copyright of any third-party, whatsoever, and you hereby indemnify us against any and all claims by third parties in respect of any breach or alleged breach of intellectual property rights as a result of your Content.
By uploading your Content, you grant us permission to make perpetual use of this content for any reason including, but not limited to, the advertising or promoting your Listing, advertising or promoting any tourism destinations, advertising or promoting www.zukolifestyle.co.za and social pages or advertising or promoting any brands owned by Zuko or partnered with Zuko. This right will survive beyond this agreement.
You grant us the right to make adaptations of your Content including, but not limited to, cropped photographs, rewritten descriptions, and translations, and to display this adapted content on your Listing. You do not have ownership of this adapted content, and cannot make use of this adapted content without written permission from us.
We may use your Content in any media, including but not limited to social media, print and television without notice.
We shall not be liable for any damage, loss or liability of whatsoever nature arising from any unintentional misuse of your Content.
CORRECTNESS and UTMOST ACCURACY OF YOUR CONTENT
You undertake to ensure that your Content accurately represents your Establishment, and / or Your Service, Product/s, as well as to notify us of material changes to your Establishment, and / or Your Service, Product/s that would be relevant to Zuko and/or Customers introduced by Zuko.
You undertake to ensure that all of your Content is correct and continuously updated, including, but not limited to, the description of your rates, availability, and the services offered.
In the event of a change of management or ownership of your Establishment, and / or Your Service, Product/s, it is your responsibility to notify Zuko as such.
In the event that you fail to keep your Content current and updated, we reserve the right to your Content to reflect the status of your Establishment, and / or Your Service, Product/s.
If you make use of a third-party availability provider that is integrated with www.zukolifestyle.co.za and social pages, then Zuko may assume that the data we obtain from this provider with respect to your Establishment, and / or Your Service, Product/s is always accurate and up-to-date. You will be liable for any issues that arise as a result of any out-of-date or inaccurate information we receive from said third-party.
Zuko shall not be liable for any damage, loss or liability of whatsoever nature arising from any misrepresentation by you.
PASSWORDS AND ACCESS
You will be legally bound by any action performed using the www.zukolifestyle.co.za and social pages by any person with access to your Zuko Account.
Anybody with access to your email account or with the password to your Zuko Account; or with access to a device on which you are logged into your Zuko Account, will have access to your Zuko Account. We will reasonably assume that you have granted said person access and permission to login on your account by your permission.
You hereby indemnify Zuko for any damage, loss or liability of whatsoever nature arising from unauthorized access to the www.zukolifestyle.co.za and social pages.
REVIEWS
Zuko may publish participants / clients comments and/or reviews on or in connection with your Listing.
Zuko is not liable, held accountable or responsible in any way for the verification or accuracy of any such participants / clients comments published.
Zuko will not be liable for any direct or indirect loss or damage of whatsoever nature and howsoever arising as a result of any participants / clients comments published on or in connection with your Listing or the use of www.zuklifestyle and or / Zuko OS
In the event that you write a response to a review, you agree that Zuko may publish the response on your Listing or edit the response before publication or choose not to publish it publicly on the www.zukolifestyle.co.za and social pages.
ENQUIRY-QUOTE- BOOKINGS
When a Customer uses www.zukolifestyle.co.za and social pages to make an availability enquiry for a stay at your Establishment, and / or Your Service, Product/s, you are invited to send an electronic quotation to the Customer using your own websites and social pages. This quotation can also be sent automatically by the www.zukolifestyle.co.za and social pages on your behalf if this has been arranged.
If, for whatever reason, you are unable to accommodate the Customer under the conditions for which they enquired, you are obliged to mark the enquiry as unavailable using www.zukolifestyle.co.za and social pages, and not to simply ignore it. In the case where you have not responded to an enquiry within a reasonable length of time your Listing’s ranking position on www.zukolifestyle.co.za and social pages may be negatively affected, and we will assume in such cases that your Establishment, and / or Your Service, Product/s is fully reserved for the enquired dates and we may report as such to the Customer. If you repeatedly ignore enquiries your Establishment, and / or Your Service, Product/s may be subject to delisting.
Should a quotation be sent, this constitutes a legal offer by yourself, which may be accepted or declined by the Customer.
Each quotation is sent with a specified expiry time and it is thus open for acceptance by the Customer during the period prior to the expiry time. Acceptance by the Customer prior to the quotation expiring constitutes a binding contract between you and the Customer.
Until a Customer indicates an intention to accept a quotation by “provisionally confirming” the booking on the www.zukolifestyle.co.za and social pages, you are not required to hold the availability for that Customer exclusively. During the period before provisional confirmation by a Customer you will be able to withdraw the quotation using your own websites and social pages.
Once a Customer has confirmed the intention to pay, by “provisionally confirming” on the www.zukolifestyle.co.za and social pages, Zuko will inform you as such, and you will thereafter be required to reserve the quoted accommodation for the Customer exclusively. After “provisionally confirming”, the majority of Customers will proceed to payment. However, if a Customer doesn’t pay the deposit before the expiration time specified in your offer, then the quotation has lapsed and is automatically withdrawn.
The booking is confirmed when payment by a Customer is made to Zuko by credit card, electronic funds transfer, some other payment method or when Zuko receives proof of such payment.
INSTANT BOOKINGS
If you make use of a third-party availability software which is integrated with www.zukolifestyle.co.za and social pages, then Customers will be able to see your Establishment, and / or Your Service, Product/s’s realtime availability on www.zukolifestyle.co.za and social pages, and they will be able to make instant bookings at your Establishment, and / or Your Service, Product/s through www.zukolifestyle.co.za and social pages. Please discuss any related info on this with us by mailing info@zukolifestyle.co.za
Zuko may assume that the availability and price data we receive from the third-party availability software is always accurate and up-to-date. You will be liable for any issues that arise as a result of any out-of-date or inaccurate information we receive from said third-party.
An instant booking is confirmed when payment by a Customer is made to Zuko by credit card, electronic funds transfer, some other payment method or when Zuko receives proof of such payment.
When the booking is confirmed, Zuko will inform you as such with an email. We will also endeavor to mark the booking as confirmed on the third-party availability software.
Should Zuko, for whatever reason, be unable to mark the booking as confirmed on the third-party availability software, you will still be obliged to honor the booking, provided we have sent you timeous email confirmation thereof.
PARTNER PAYMENTS
You hereby appoint Zuko as your agent, eligible to receive payments on your behalf with respect to any bookings at your Establishment, and / or Your Service, Product/s made through www.zukolifestyle.co.za and social pages. These payments include any booking deposit requested by you, or any other payment the Customer may pay to Zuko with respect to their booking at your Establishment, and / or Your Service, Product/s, including balance payments.
For such payments you agree to accept as paid by the Customer any amount that Zuko reports to have received.
If you request a deposit of less than 100% on www.zukolifestyle.co.za and social pages, then it is your responsibility to collect any additional amount from the Customer that may still be outstanding. Zuko cannot take responsibility for any outstanding payment not collected from the Customer.
Zuko will on-pay to you all amounts collected by us from the Customer, subject to the deductions specified elsewhere in the agreement.
Zuko reserves the right to withhold any amounts that the customer has paid to us on your behalf until 7 days after the Customer’s checkout from your Establishment, and / or Your Service, Product/s. This allows us to ascertain whether the customer has had a Satisfactory Stay (as defined in clause 1.14).
Although Zuko may often on-pay to you the amounts that we have received on your behalf from the Customer shortly after we have received them, this leniency in enforcing our right specified in the above sub-clause shall not prejudice our right to enforce it in future.
It is your responsibility to provide Zuko with your correct bank details, as well as proof thereof if requested. Should a change in ownership or bank account take place, you must immediately notify Zuko accordingly. Zuko will not be held responsible for payments made into incorrect accounts if we are not notified timeously of changes to your bank details.
You agree that on occasion certain on-payments from us to you may be delayed due to unforeseen circumstances, including high usage periods that may render online banking services unusable, or situations where the satisfaction of a Customer’s stay is under dispute, or in situations where the details regarding the amount owed to you is under dispute, or where we have not yet received your banking details or sufficient proof thereof when required.
Zuko may offset any amounts you may owe to Zuko for any reason against any amounts that Zuko owes you, including but not limited to our commission earned on any bookings, or refunds we’ve made on your behalf to Customers.
Zuko may charge the Customer additional fees in connection with our services provided in assisting them with their accommodation booking at your Establishment, and / or Your Service, Product/s. You will have no claim over any such fees paid to Zuko for additional services or otherwise.
Unless the booking details have materially been adjusted, the Customer will not be liable to pay you any amount in addition to the Total Booking Value except for additional optional extra items or services they may purchase from you during or before their stay.
COMMISSION
You agree to pay commission on any successful bookings made at your Establishment, and / or Your Service, Product/s by Customers who are introduced to you by Zuko or via www.zukolifestyle.co.za and social pages.
We retain a non-refundable booking commission of 15% (VAT exclusive) on the VAT exclusive Total Booking Value for facilitating the booking or for introducing the Customer. If any amount other than 15% is agreed upon, this should be done so in writing via conntacting us with our info@zukolifestyle.co.za email
VAT will be added onto the stated commission where applicable.
Zuko will calculate the commission based on the Total Booking Value, and will issue you a tax invoice for said commission. The timing of the invoice will coincide with when the booking deposit is paid. You can download this invoice at the end of the month by using the www.zukolifestyle.co.za and social pages.
If our commission for a particular booking is adjusted for any reason, including for reasons of cancellations or booking adjustments, we will issue adjusting tax invoices or debit notes as the case may be, the timing of which will coincide with when the cancellation or adjustment was confirmed.
You hereby agree that you shall not bypass the www.zukolifestyle.co.za and social pages when engaging with any Customer introduced to you by Zuko. Any communication between you and any Customers using the www.zukolifestyle.co.za and social pages must be conducted via the www.zukolifestyle.co.za and social pages or via Zuko staff until the Customer has paid the deposit for a booking at your Establishment, and / or Your Service, Product/s. If this process is bypassed, and a booking is made by the Customer at your Establishment, and / or Your Service, Product/s, you will still be liable for our commission on the Total Booking Value of the booking.
If your Establishment, and / or Your Service, Product/s is VAT registered it is your responsibility to issue the Customer with a Tax Invoice for the Total Booking Value of their stay at your Establishment, and / or Your Service, Product/s, unless Zuko has notified you that we will be issuing the invoice on your behalf as described in the sub-clause below.
You grant Zuko, as your agent, the right to issue Tax Invoices to Customers on your behalf using our VAT details. Zuko will always notify you if it takes such action, and will forward all such invoices to you. In these cases you should not invoice the customer yourself, and if your Establishment, and / or Your Service, Product/s is VAT registered you must still declare the output VAT expressed in the invoices we forwarded you, in accordance with Section 54(1) of the South African Value-Added Tax Act.
You agree that you will not disclose or display Zuko’s commission to any Customer. For example, it should not be displayed on any statement or invoice that you provide to the Customer.
DELIVERY OF BOOKING OR SERVICE
You hereby agree to honour bookings reported as “confirmed” by Zuko regardless of whether you have yet received any associated payments.
Delivery on the part of yourself takes place when the Customer has physically taken up the accommodation reserved and had a Satisfactory Stay
NON-DELIVERY
Non-delivery occurs if a Customer did not have a Satisfactory Stay (as defined in clause 1.14) at your Establishment, and / or Your Service, Product/s.
Anticipated non-delivery occurs when Zuko reasonably expects that non-delivery may occur for an upcoming booking. Anticipated non-delivery is considered as non-delivery for all purposes in this contract.
Examples of non-delivery include, but are not limited to, the following:
- Any stay where the Customer has an Unsatisfactory Stay.
- Instances where your Establishment, and / or Your Service, Product/s has been materially misrepresented or falsely advertised on the www.zukolifestyle.co.za and social pages.
- Instances of double booking, where you cannot honour the Customer’s stay as exactly specified in their booking.
- Unilateral cancellation from your side, or any refusal by you to honour the booking
- Instances where the Customer’s booking is not honoured by new ownership or management of your Establishment, and / or Your Service, Product/s, or due to your Establishment, and / or Your Service, Product/s having ceased business operations.
- Instances where Zuko or the Customer is unable to contact you on your supplied contact details.
- Inadequate or incorrect information provided to the Customer about how to access your Establishment, and / or Your Service, Product/s on their arrival.
Examples of anticipated non-delivery include, but are not limited to:
- Zuko’s loss of faith in your ability to offer a consistently high-quality experience.
- Bad press relating to your Establishment, and / or Your Service, Product/s.
- Natural disaster in or nearby to your region.
- Zuko’s suspicion that your Establishment, and / or Your Service, Product/s may be fraudulent.
In the case of a non-delivered booking, the Customer may choose to receive either a full refund or, in the case where they have not yet completed their stay, a replacement booking for those nights not yet completed.
Cases of non-delivery are not subject to your usual cancellation policy.
- You will be liable for any amounts that may have already been paid to you for the non-delivered booking.
- You will forfeit any amounts currently owed to you for the non-delivered booking.
- Zuko will retain our right to invoice you for the commission on the Total Booking Value of non-delivered booking.
In the case where a Customer elects for Zuko to find a replacement booking as a result of your non-delivery, Zuko will attempt to find a replacement booking that meets the Customer Expectation. You acknowledge that in some cases, especially during high season, this may result in the replacement booking costing substantially more than the Total Booking Value. You will be liable to Zuko for the difference in cost between the Total Booking Value of the non-delivered booking and the replacement booking, for those nights that were replaced.
CANCELLATIONS SUBJECT TO YOUR TERMS
In the event that a Customer cancels a booking or quotation, appointment you will be liable to refund them the amount as calculated in accordance with the Applicable Cancellation Policy for that booking.
The last cancellation policy that you had presented to the Customer in relation to their booking before they had confirmed their booking, becomes the Applicable Cancellation Policy for that booking, whether you had presented the policy via www.zukolifestyle.co.za and social pages, third-party availability software, messages, emails, or verbally.
In the event where you present a more favourable cancellation policy to the Customer after their booking had already been confirmed, that more favourable cancellation policy will become the Applicable Cancellation Policy for that booking. You will be bound to this new cancellation policy, even retrospectively, regardless of whether this was offered before or after the booking was cancelled, and regardless of whether you had presented it via www.zukolifestyle.co.za and social pages, third-party availability software, messages, emails, or verbally.
The Applicable Cancellation Policy for a particular booking applies only to the deposit amount requested by you. Any aspect of the Applicable Cancellation Policy that demands additional payment beyond the deposit amount requested is void. Even in the case of a “no show”, you cannot be due more than the requested deposit.
You agree that any additional amount, over and above the requested deposit, that has been paid by the Customer is always 100% refundable upon cancellation. This does not apply to any payments made with respect to any nights already stayed at the Establishment, and / or Your Service, Product/s.
You agree that any ambiguity in the Applicable Cancellation Policy with respect to any booking will always be interpreted to the benefit of the Customer.
Zuko reserves the right to retain all the commission it had earned on any cancelled booking
Although Zuko will often decide to pro-rata our commission earned on a cancelled booking in accordance with the Applicable Cancellation Policy of that booking, this leniency in enforcing our right to retain all commission earned on any cancelled booking shall not prejudice our right to enforce it in future.
REFUNDS TO CUSTOMERS
There are occasions when the Customer is due a refund of amounts which they have paid towards their booking at your Establishment, and / or Your Service, Product/s. These refunds can be in whole or in part. Such refunds can be due for various reasons, including, but not limited to, cancellations or booking adjustments.
In the event of a refund being due to a Customer, Zuko will refund, on your behalf, the required portion of the deposit or balance payments that the Customer had previously paid to Zuko.
For those amounts that the Customer had paid to you directly for their booking, including, but not limited to, balance payments and payments for optional extras, you will refund the required portion of said amounts directly to the customer, unless it has been arranged with Zuko that we refund them on your behalf.
For all amounts that Zuko refunds the Customer, we reserve the right to collect these same amounts back from you, to the extent that you had previously received them, whether from us or directly from the customer.
Any amount that you owe to Zuko or a Customer as a result of a cancellation or a booking adjustment is due immediately.
Zuko may take action to recover unpaid debts from you, including but not limited to, offsetting your debt against other amounts we owe you, Delisting your Establishment, and / or Your Service, Product/s, employing a debt collection agency or blacklisting you in the industry. In such circumstances, interest may be retrospectively applied to any outstanding amounts at a rate of 5 percentage points above the prime lending rate.
FRAUDULENT TRANSACTIONS AND FALSE PAYMENTS
You acknowledge that in the event of a Customer’s payment being a fraudulent credit card payment, fraudulent bank deposit, fraudulent proof of payment or in the event of a Customer’s payment being reversed for any reason by the bank or any other agency, Zuko's responsibility is limited to the forfeiture of any commission it may have earned on the booking and you are responsible for the repayment of any payment you may have received in respect of the booking, irrespective of the Applicable Cancellation Policy for that booking. This amount should be refunded to us immediately on notification by us to you that the payment has been reversed out of our bank account.
In the event that Zuko confirms a booking based on an expectation to receive Customer payment or claims to have received Customer payment, but that claim or expectation is false, you accept that Zuko can cancel the booking in question without penalty. You will have no claim in relation to such a cancellation, even if the stay has already taken place.
RUNNING OF YOUR Establishment, and / or Your Service, Product/s
Zuko does not assume responsibility for the running of your Establishment, and / or Your Service, Product/s in any way.
It is your sole responsibility to:
- Comply with laws and/or by-laws that may apply to Establishment, and / or Your Service, Product/s.
- Adequately and accurately protect, with security, via web or physical or technological security and insure your Establishment, and / or Your Service, Product/s.
- Run a reputable business in connection with your Establishment, and / or Your Service, Product/s that reflects well on Zuko and its brands.
- Remain contactable at all times. It is your responsibility to ensure that all emails from "zukolifestyle.co.za" and its related websites are whitelisted by your email software (i.e. ensure that our mail will not go into your "junk" folder).
It is your responsibility to ensure that in the case of new ownership or management of your Establishment, and / or Your Service, Product/s, the new owner or manager will honor this agreement and any existing bookings that had been made via Zuko. You will, however, also remain liable in terms of this agreement.
AFFILIATE PARTNERSHIPS
Zuko may, from time to time, partner with other websites, apps or companies for purposes including, but not limited to, further promoting properties, individuals, services and companies listed on the www.zukolifestyle.co.za and social pages.
Zuko may, at its sole discretion, extend all rights granted to it to said partners.
Zuko is under no obligation to inform you of any partnerships that may be entered into, or to inform you of any sharing of your Content with a partner, or to specifically note which enquiries or bookings were introduced by a partner.
Zuko will not be liable to you for the actions of affiliate partners, including in respect to our use of your Content.
PROTECTION OF PERSONAL INFORMATION
You undertake to protect any personal information provided to you by Zuko to at least the standard required of you by South Africa’s Protection of Personal Information Act, and any other applicable legislation.
You undertake that your audit procedures, ongoing system monitoring, secure disposal of data and your technical and organizational security standards are at least the standard required of you by South Africa’s Protection of Personal Information Act, and any other applicable legislation.
You undertake to inform Zuko about any suspected breach of personal information provided by Zuko as soon as possible, and not more than 24 hours after your awareness of the breach, at info@zukolifestyle.co.za
For Zuko’s undertakings with respect to protection of personal information, we adhere to South African Popi Act.
AUTHORITATIVE RECORD
Zuko’s record (automated or manual) shall prevail in any dispute about bookings, communication or transactions. Zuko may adjust any such records without prejudice upon notification of any speculative, improper or fraudulent records.
CHANGE OF AGREEMENT
This agreement or any part thereof may at any time be changed after a 48 hour notice period commencing from such time as Zuko emails you at your supplied email address with a copy of the new agreement, or a link to the new agreement. After said notice period you are deemed to have consented to the new agreement and will thereafter be contractually bound to the new agreement, unless you have actively Delisted your Establishment, and / or Your Service, Product/s from www.zukolifestyle.co.za and social pages before the expiration of said notice period.
INDEMNITY & LIMITATION OF LIABILITY
You agree to defend, indemnify and hold Zuko Clothing in it's entirety with all its name sakes and websites and software, influencers, partners, directors, staff and third party contractors, harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your use of this Site using our product, your access to, or inability to access this Site, or from your reliance upon any information contained in this Site.
Save as otherwise provided herein, Zuko will not be liable to you for any direct or indirect loss or damage that you or a client may suffer as a result of the use of www.zukolifestyle.co.za and social pages by any person, whatsoever and howsoever arising.
You hereby indemnify us against any claim for loss or damage arising as a result of your Listing, whether instituted against us directly or against you and us, insofar as it relates to your Establishment, and / or Your Service, Product/s, your Content or the links on your Listing.
In the event that, notwithstanding the remaining provisions of this agreement, we are liable to you for any damages, such liability shall be limited to a maximum of the commission that you paid to us / unless otherwise agreed by a yearly listing fee.
