1. General

The terms govern your use of the website. By shopping or browsing on this website, you:
Represent and warrant that you have read and understood these terms and conditions as well as the policies displayed on this Site; and
Agree to be bound by these terms and conditions as well as the policies.
Please do not use this site if you do not accept, and agree to be bound by, this agreement.
myZohan reserves the right, without prior notice, to discontinue or change pricing or specifications on Products and services offered on this Site without incurring any liability whatsoever.
All terms and condition and all trade are in accordance with the Consumer Protection Act, No. 68 of 2008.
We reserve the right to make changes to the documents and/or other materials contained on this website from time to time without notice. This right also applies to these terms and conditions. myZohan will post the revised terms on the website. You may use the myZohan website for your own personal non-commercial use and not for republication, distribution, sale or other use.
The Terms constitutes the entire agreement between the parties. If any term is void, unenforceable, or illegal, the term will be severed and the remainder of the terms will be effective.
This is an online shop. Most of the items on the website are kept in our warehouses in the USA, Hong Kong and Canada. We seldom, if ever, hold stock in South Africa.

2. Out of Stock

myZohan shall use reasonable endeavors to make the advertised stock available at the displayed price, for the period specified.
myZohan strives to ensure that we minimise out of stock situations. myZohan will take all reasonable means to make your purchased product available at that price or alternatively we will advise on an equivalent product option as an alternative in this unfortunate occurrence of running out of stock. We will notify you of any delivery delays should we need to source a product.
Please refer to our termination of sale process should you opt for a full refund

3. Definitions

In the myZohan website terms of use:

1. “terms” mean these website terms of use, any specific terms, the privacy policy and any other terms, policies or notices agreed between you and myZohan;
2. “we” or “us” or “myZohan” means Zohan CC whichever one applies;
3. “website” means www.myzohan.co.za;
4. “myZohan website” means www.myzohan.co.za;
5. “you” or “user” means any person who visits, accesses or uses the website.

4. Website Use

As a user, myZohan grants you a limited, non-transferable revocable license to access and use the website subject to the terms and conditions.

1. Your license does not extend to the website’s source code or to the source code of any software or computer program that forms part of the website.
2. You may only use the website for personal use, limited to viewing the website, providing information to the website, downloading product information for your personal review from the website or purchasing goods or services from the website.
3. You may only use the website if in terms of South African law you have the legal capacity to enter into an agreement.
4. You may only link to the website by linking to the home page of the website.

4.1 CURRENCY AND TRANSACTION SECURITY:
All transactions are conducted in South African RAND (R) (ZAR) through EFT only. 
By submitting a sales order through any of the myZohan website services, you warrant that you are acting within the bounds of the law and that you have the legal capacity to transact, or have the mandate to transact to do so. This includes that you have obtained the express permission (indemnity) of the person and or Business whose information you are submitting / using through any of our services and that you are not in breach of the Consumer Protection Act or National Credit Act, and / or any other applicable legislation in any way. You indemnify myZohan, its Members and employees from any claim and / or liability from any third party arising out of your instructions and/or use of the service(s).
4.2 Acknowledgements by The Customer:
You, the customer, hereby agree and acknowledge;

that; you will at all times comply with the requirements of the Law(s); including the National Credit Act of 2005 and the Consumer Protection Act and / or any other applicable legislation (to the extent that it is relevant to the customer for the receiving, compiling and reporting of information. Without limiting the generality of the a foregoing, the Customer specifically acknowledges and agrees that, when reporting Personal and other information to myZohan;
that; such information will include all mandatory data,
that; it will have taken all reasonable steps to ensure that the information being submitted, is accurate, up-to-date, relevant, complete and valid when submitting such information;
that; you are entitled to submit the information to myZohan, for the purpose of myZohan making such information available to its associated partners, for the purpose of rendering the services offered, and that such information is not subject to a duty of confidentiality between myZohan and the customer

4.3 Types of Information we collect:
As a Visitor or User, you agree that we may electronically accumulate, keep and use the following of your information:

Internet usage information, including your Internet Protocol (“IP”) address, click patterns, browsing habits, version of software installed, system resolutions and type, plug-ins, colour capabilities, cookie preferences, language settings, search engine metawords(keywords), JavaScript enablement, unique user ID, the pages and content that you access on the Platform / Website and the dates and times that you visit the Website, paths taken, and time spent on pages / sites within the Website (“Usage Details”); and
Additional information you may provide on a voluntarily, such as demographic information or data related to your favourite social networking site (e.g. the site name, address and description(s)), or information relating to your participation in myZohan competitions, promotions, studies, reviews and surveys, as well as additional services. (“Optional Details”).

4.4 How we collect such information:
- Voluntarily provided by you:
- Details submitted, when registering or transacting, for the purpose of using the services on the myZohan website. Optional Details may be submitted by you to us if you decide to upload or download certain content (or products) from the Website / Platform, enter competitions, partake in promotions, respond to reviews / surveys, subscribe to or register for specific additional services; or else use any of the optional features and functionality of the Website / Platform.
- Automatically gathered via several technologies:
- “Cookies” Information: When you access the Website / Platform, we may send one or more cookies (these are small text files containing a string of alphanumeric characters) to your computer to collect certain Usage Details. myZohan may use both session cookies (which disappears after you close your browser) and persistent cookies (which remain after you close your browser which can be removed manually) and may be used by your browser on subsequent visits to the Website and Platform. Please note; the use of cookies is a norm/standard on the internet and many major websites use them. Please refer to your web browser “Help” file to learn more about changing your cookie settings.
- Other tracking technology:
- When you access the Website / Platform or open one of our HTML emails, certain Usage Details may be automatically collected and recorded by us from your system by using different types of tracking technology.
- Web Beacons:
- Our Website may contain electronic image requests (called a “single-pixel gif” or “web beacon” request) that allow us to count page views and to access cookies.
 - Any electronic image, viewed as part of a web page (including an ad banner); can act as a web beacon. Web beacons are typically; 1X1 pixel files, (very small unnoticeable files), but their presence can usually be seen within a browser by clicking on “View” and then on “Source.” We may also insert web beacons in HTML-formatted newsletters, which we send to “opt-in” subscribers in order to count how many newsletters have been read. myZohan web beacons do not gather, monitor or share any personally identifiable information about our Customers. They are just the technique we use to compile anonymous information about the Website and Service usage.
4.5 Why / For what purpose do we collect this information:
- myZohan may use any Optional Details provided by you, for such purposes as indicated to you at the time you agree to provide such Optional Details
- We may use your Usage Details to:

Automatically validate and/or verify your identity; for website and transaction security purposes via myZohan or via a third party service provider.
Automatically provide you with the latest version of the myZohan application on your system;
Remember your information so that you will not have to re-enter it during your visit or the next time you access the Website / Platform;
Monitor aggregate Website usage metrics such as total number of visitors and pages accessed; and
Track your entries, submissions, and status in any promotions or other activities in connection with your usage of the Website / Platform.

4.6 Information About myZohan website users:
myZohan shall take all reasonable steps to protect the personal information of the Users and for this purpose, “personal information / personal details”; shall be defined as contained and detailed in the Promotion of Access to Information Act 2 of 2000(PAIA).
Types of information we collect about myZohan website users: If you are a myZohan website users, you agree that we may also electronically gather, save and use the following of your information:
- name and surname, birth date, gender, identity number and /or passport number, nationality and country of residence (“Personal Information/Details”);
- e-mail address, mobile number, home and delivery address and credit card billing address (“Contact Details“);
How we collect information about myZohan Website Users: myZohan Website Users collects the aforesaid information from you in the following manner:
User-provided Information: Your Personal Information/Details, Contact Details and Debit or Credit Card Details will be provided by you directly to us during your registration as a myZohan website user and/or thereafter by you actively transacting, updating or supplementing such details in your myZohan website users Account.
The purposes for which myZohan website collects the information: myZohan uses the information that myZohan website users provide (or that we collect) to operate, validate, verify, maintain, enhance and provide all of the features of the Services, and as may be necessary to comply legally when conducting online payment transactions and related service provided.
More specifically:
We use your Personal Information/Details to greet you when you access your myZohan User Account, to manage and administer your use of the Services and fulfil our contractual obligations, including the verification of your identity when you transact with myZohan.
We use your Contact Details to verify your identity and to inform you of facts relating to your use of the Service(s) (e.g. notifications regarding major updates or content you have posted or downloaded from the Website / Platform, customer service notifications, and to address any copyright infringement or defamation issues); as well as to inform you; subject to obtaining your prior agreement, of competitions, promotions and special offers form us and/or any of our partners and/or affiliates.

4.7 Breach of ECT Act

Any user; who commits any of the offence detailed in section 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting loss or damage suffered and /or incurred by myZohan and its partners / affiliates.

5. Restrictions

You may not:

1. Provide any untrue or incorrect information to the website or myZohan;
2. Modify, copy, decompile or reverse engineer the website or use the website to make derivative copies;
3. Lease, sell, assign or in any other way distribute the website or any information obtained from the website without the prior written consent of myZohan;
4. Use malicious search technology, including but not limited to spiders and crawlers;
5. Frame any pages of the website;
6. Deep link to any pages of the website in a way to suggest that you are the owner or license of any intellectual property in the website.
7. Use the interactive sections of the website, for instance forums, clubs, surveys and e-mailing, to post any material which in myZohan’s discretion is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any laws. myZohan does not have editorial control over the submission of any content to interactive sections of the website. You submit all information, including the publication of pictures and or articles, at your sole risk and responsibility. myZohan is not responsible or liable for damages or other adverse consequences caused by the use of the submissions.
8. In line with the Film and Publications Board Act 3 of 2009 (FPB) as amended; to intensify the efforts to protect children from harmful images within the media, including films, exhibitions, games, the internet and other publications, the website is not targeted at children under the age of thirteen (13) and myZohan will not knowingly collect information from users in this age group.
9. myZohan is to be exempted for any liability due to a customer failing to provide accurate information on registration, or a customer failing to view special warnings etc.

6. Disclaimer and Disclosures

This clause is subject to applicable law.

1. You use the website at your own risk
2. myZohan is to be exempted for any liability due to a customer failing to provide accurate information on registration, or a customer failing to view special warnings etc.
3. myZohan publishes information on its website as a convenience to its visitors for information purposes only, except where you may purchase goods or services from the website.
4. myZohan provides the website “as is” and “as available” and to the extent permissible by law disclaims warranties including but not limited to warranty of title, merchantability, non-infringement, fitness for a particular purpose and that the website are free from defects, uninterrupted and error free.
5. While myZohan attempts to provide accurate and timely information, myZohan cannot guarantee this. myZohan may correct and change the website if required.
6. The myZohan goods described on the website are made available in RSA but are stored in our warehouse overseas. For detail on deliveries refer below.
7. Although myZohan has made every effort to display the goods and their colours as accurately as possible, the displayed products and colors of the products will also depend upon your equipment and myZohan cannot guarantee that your equipment will display an accurate representation of the actual goods or their colours. 
8. myZohan will not be liable for any other website provided by any third party.
9. All accessories shown with products for presentation purposes are not included in the price, unless stated otherwise, but may be available for sale separately.
10. In the event of delivery delays or out of stock situations we will notify you and we will do our very best to ensure a speedy fulfillment.
11. Image Disclaimer: Where products are displayed with compatible devices, these devices will not be included as part of the sales price unless specifically identified as part of a product bundle. In all other cases images are shown to display products within a lifestyle setting and do not include part of a sales proposal including any said devices or lifestyle additions. We may have the incorrect image as these are downloaded from the internet and matched. 
12. No transaction concluded between myZohan and a person under the age of 18 shall be binding upon myZohan unless written consent thereto is received by myZohan from your parent or legal guardian. myZohan therefore reserves its right to request proof of identity prior to concluding any transaction with you. By your continued use of this website, you warrant that you are 18 years old or older.
13. Our website and images on the website may not be images of the exact products in our warehouse. Although care has been taken to ensure that the images on the website correlate to the product being sold, we are human and make errors. Where a product comes in different colours, please do not assume that the colour/ s in the images are the colours we have in stock. If the colour of the product is important to you, please enquire before ordering.

7. Displaying of Prices

All pricing displayed on the web are in South African Rands and is subject to price changes and may change without any warnings or notifications. We are not registered for VAT as we are a small start up. If these circumstances change that warrant us to charge VAT we will amend our prices accordingly.
Please note that all prices displayed include the cost of delivery, unless stated or agreed otherwise. myZohan takes utmost care to ensure that the displayed prices are correct. 
Unless stated otherwise, the price of products include cost of shipping and customs and related taxes and charges. We only dispatch such orders when the money reflects in our account. We only place an order with our supplier or warehouse the moment you have paid the order. To buy Products on the myZohan Online Site you must be over the age of 18 (eighteen) and have access to electronic banking in order to make payment via EFT.

8. Agreement of Sale

A sales order will only be deemed as completed once you have completed the purchase cycle and an approved payment/order confirmation is received. We will confirm your purchase order with you via your specified email. By you placing a product into your shopping cart or adding a product to a wish-list does not constitute a sale nor is such products, its price nor its quantities reserved. In the event that you complete the purchase cycle for such products at a later stage myZohan cannot be liable to honor any Price changes or if such products are not available.

9. Payment Methods

myZohan accepts the following type of payment on its website:

Electronic Funds Transfer: Should you select to pay via an Electronic Fund Transfer: on completion of your order an instruction will be emailed to you regarding the method in which monies must be electronically transferred to myZohan's account which is subject to the following Terms and conditions:

the full amount must be paid as per your order request within 48 hours of placing your order
your order will be cancelled should you fail to transfer the funds within 48 hours of placing your order
No cheque or cash deposits are accepted
your order number to be used in the reference section of the deposit slip or the electronic transfer, we will not be held liable for any delays should you fail to include these
please email a copy of your deposit slip/transfer to admin@myzohan.com.
your delivery timeframe is dependant and will commence on the time and date of the funds reflecting in myZohan's account and on condition that your deposit slip has been mailed to admin@myzohan.com
depending on the bank, some payments may take up to three business days to reflect in our account. In such circumstances there will be a delay in having your order shipped

10. Indemnity

Subject to applicable law, you agree to indemnify, defend, and hold myZohan harmless against any claim, or liability (including attorneys' fees) arising out of your use of the website.

11. Copyright and Intellectual Property Rights

All materials published on myZohan website is protected by copyright and owned or controlled by myZohan or the party accredited as the producer of the content, software or other material. Nothing in these terms and conditions of use shall be construed as conferring by implication or otherwise, any license or right under this copyright, patent, trade mark, database right or other intellectual property or proprietary interest of myZohan or any third party. All logos, names and trademarks, which appear on the website are the intellectual property of myZohan or are used by myZohan under license. myZohan will prosecute any violation of intellectual property rights to the fullest extent that the law permits. Reproduction of part or all of the contents in any form is prohibited other than strictly for individual use.

12. Confidentiality

If you respond to myZohan via e-mail, surveys, forums, registration, or any other communication medium with any information, including but not limited to feedback, data, questions, comments or suggestions, but excluding your personal data, the information will not be deemed confidential.
myZohan will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. myZohan will also be able to use any ideas, concepts, know-how or techniques contained in the information for any purpose, including but not limited to developing, manufacturing and marketing products, which incorporate or otherwise rely on the information. You consent to the aforesaid use of such information.
By submitting information, you agree that myZohan may publish the information, use it as part of its operations, and incorporate its concepts in myZohan goods or for any other purposes, which myZohan considers necessary, without liability.
myZohan will deal with your personal information in terms of the privacy policy point 19 below.

13. Termination

myZohan may immediately terminate use of and access to the website if you breach the terms. This will be without prejudice to any other remedies and rights that we may have in terms of the law, including but not limited to claims for specific performance and damages.

14. Product Sourcing

Most of our products are sourced from foreign countries such as United States of America (USA), Hong Kong, Canada and Singapore. We have not sought the express or implied permission of the local distributors to undertake such imports and we are not required to do so in terms of the Consumer Protection Act 68 of 2008.

15. Consumer Duties

You must ensure that the goods are fit for the purpose for which you want to buy them and are in good condition and free of any form of defects before you take delivery of the goods. It is a responsibility of the customer to ensure before delivery, that the goods listed on your purchase order correspond in description, price and quantity with the goods purchased. You agree to adhere to the user/manufacturer’s instructions and ensure that you make yourself aware of all product warnings and safety instructions prior to the installation or use of all products purchased from myZohan, You are to keep proof of any repairs conducted and proof of purchase on all returned goods.

16. Warranties and Returns

Subject to these terms, all goods carry an implied warranty in accordance with the Consumer Protection Act 68 of 2008 (“CPA”) which forthwith gives the consumer the right to return unsafe and defective goods in terms of section 20 read together with section 56 of the CPA. Notwithstanding, the CPA implied warranty, our goods also carry a manufacturers’ warranty or third party warranty (such as Mack Warranty) where applicable, which will run concurrently with any warranty in terms of the law.
We will use either locally or interntationally authorised agents to conduct repairs. The Customer will be requested to take the product into the local authorised agent for inspection and a quotation. Should said quotation be accepted, the acceptance of which will be at our sole discretion without the need for reason or justification, repairs will be effected locally. Where such repairs are not undertaken locally, we will arrange for the product to be shipped to country of manufacture for repair. myZohan shall bear the cost of such repairs and shipment costs. 
The implied warranty on goods supplied places an obligation on myZohan to accept the return of unsafe or defective goods within six months of delivery, in the event of the goods not complying with requirements and standards contemplated in section 55 of the CPA. Furthermore, the consumer has a right to return goods to myZohan if:

1. The consumer finds, within ten days of delivery, that the goods are unsuitable for a particular purpose for which the consumer has expressed intention to use the goods as contemplated in s55(3);
2. The consumer did not have a chance to examine the goods and rejected delivery of the goods for any reasons contemplated in section 19(5); and
3. The consumer has refused delivery of any of those goods, because they were mixed with items that were not ordered, as contemplated in section 19(8).

Under no circumstances will we accept returned goods where the consumer has been afforded the opportunity to inspect the goods prior to the purchase or acceptance of a delivery, the goods have been damaged due to the customer’s negligence, the goods have been disassembled, permanently installed, physically altered, used or installed contrary to our or the manufacturer’s instructions and/or have been subjected to misuse or abuse.
We sell goods for domestic purposes only and for the purpose for which they were manufactured. Normal wear and tear will also be excluded. If you want to return alleged defective goods in terms of a warranty, we or the manufacturer or appointed agent will, as per our Return Policy, assess the goods to determine the reason for the defect in the goods. Such assessments could take up to 21 Days
We will consider and deal with all other returns in terms of applicable law, the manufacturers’ warranty, if any and our Return Policy. All refunds are less any charges permissible in terms of the law. If you are entitled in law to return goods to us for any reason, the law in certain instances allows us to charge for the use of the goods and to be able to restock the goods. We will charge a re-stocking fee of 15% - 20% of the selling price.
As a valued customer, we shall at all times endeavor to provide you with the best customer service and ensure that all your rights in terms of the Consumer Protection Act are protected. 
Due to the nature of the goods and/or copyright law restrictions, you cannot return computer and gaming software, speakers, CD’s, DVD’s and Blu-ray discs unless it is found that the goods were defective at the time of purchase. All defect software will be exchanged for the same products/software item. Prior to conducting a purchase of any computer software and or games, you agree to ensure that these are compatible with your current operating system, hardware and or console. myZohan will not be responsible or liable for system or products incompatibilities. Should you require more information on the system compatibilities not displayed on the website, please direct your request to admin@myzohan.com
1. Office Hardware:
All unsealed, open and used pc, laptops, netbooks & tablets must be assessed, by agent prior to any exchanges, refunds, etc. The customer will be liable for charges for reconfiguration due to software related errors, failures as a result of incorrect installations, modifications, password unblocking virus etc. The warranty of hardware products is null and void should the product be tampered with, warranty seals or warranty stickers on the product be broken or removed by anyone other than the assigned agent .

All defective goods that are purchased at myZohan are covered by the implied warranty as stipulated under section 56 of the Consumer Protection Act 68, of 2008, (the “CPA”) and such defective goods are also covered by the manufacturers’ warranty, except to the extent that those goods have been altered contrary to the instructions, or after leaving the control of myZohan as the case may be. We offer a further 6 months warranty on Canon and Nikon cameras and lenses and hence these products carry a total of 12 month's warranty.
The warranty outlined above shall not apply to accidental or deliberate damage to the product or damage due to negligence or improper handling or use of the product.  Any abuse, tampering, incorrect installations, mismatching and damage due to natural disasters will not be covered under the above warranties.

17. Repairs

Please contact Mack for any online purchase to be repaired, whilst the product is under warranty. myZohan takes no responsibility for the warranty on any product. Where there is a Mack warranty, the consumer must liase directly with Mack to understand its policy and processes.

18. Deliveries

A. Delivery: Important to note:

Deliveries are door to door and must be a physical address and not a Post Box. We do not deliver to any postal addresses ie: deliver to a post box or to any post offices. Please ensure all delivery details including the postal code are accurate, as you will be liable for all additional handling and shipping charges as a result of such errors. Please also ensure that someone is available to sign for and receive your goods at the time of delivery. It will be deemed that you as the purchaser assign without prejudice and without a proxy to a party other than yourself to sign for your goods at your specified and confirmed delivery address should you be or not be present at time of delivery.
Should you require shipment to a destination outside of South Africa or not in one of the major cities in South Africa (as determined by the courier or postal service), please contact Customer Service for a shipping quotation. If you still wish to proceed Customer Services will provide you with an invoice and payment details.
You accept that myZohan does not have to prove that you personally received the delivery of such goods. You agree that we would only be required to prove that someone not necessarily yourself signed for the goods at your specified and confirmed delivery address. Although we monitor every purchase order to ensure your package is delivered.
Should you have not received your delivery of goods after 24 hours of the expired delivery period you would need to contact us within a maximum of 48 hours. Should you fail to notify us of none delivery within the given period you agree that it would be deemed that you received the purchased goods..
Delivery of products purchase through the online store is subject to the geographical delivery framework as determined by our courier partner/ s. Should your delivery address fall into one of these categories, you will be liable for any additional costs incurred in delivery, storage and or returning the parcel. (Category list as follows; plots, farms, mines, military bases, major chain stores, power stations, game reserves and lodges and harbours)
A. Failed delivery:
We will notify you of a failed delivery i.e.: whereby no one was at the specified delivery address to receive and sign for the goods at the time of delivery. We will endeavor to reschedule the delivery with you within 24 – 48 hours; however you may be liable if any additional handling and shipping charges are incurred for a re-delivery.
B. Goods shipped in error /Incorrect goods delivered:
In the unfortunate event that you receive a delivery whereby the goods and or its quantity delivered to you does not match your products and its quantity as per your waybill/purchase order, you agree to notify us immediately upon receipt of such delivery on 0731934070 or via mail admin@myzohan.com, to have the incorrect goods collected and the correct goods delivered to you.
C. Damaged Goods delivered:
Please notify us within 24 hours of receipt of delivery on admin@myzohan.com, in the regrettable event that you receive a damaged product. We will do our utmost best to have the damaged product collected and a new product delivered to you as soon as possible.
D. Price of delivery:
For most products, the delivery price is included in the advertised price, unless stated otherwise or if the delivery is to an international address or not to a major city (refer above for more details). 
E. Delivery Periods important to note:
Delivery service timeframe will commence upon payments confirmation being received (unless supporting documents are requested i.e. in the case of the verification of TV License, a copy of an I.D will be requested), hence delivery timeframe will commence upon confirmation and verification of such supporting documents where applicable.
An order is typically dispatched within 2 business days of the order and payment being confirmed. The shipment will typically reach South Africa (customs) within 5 - 7 business days. It generally takes another 5 - 7 working days before it reaches you. These are merely indicative timelines and we cannot guarantee that these timeframes will be adhered to for all orders.
F. Should you wish to have a more expedited delivery service, please contact Customer Service before ordering and we will advise you of alternative shipping arrangements and associated additional costs.

19. Privacy Policy

1. Privacy Policy
myZohan respects your privacy and will handle your personal information with care. The privacy policy forms part of the website terms and sets forth the way myZohan will collect, use, process, secure, retain and disclose your personal information. By visiting, accessing or using the website you agree to the terms, which include this privacy policy. In order to use certain services you may be required to provide your personal information.
myZohan reserves the right to amend the privacy policy from time to time. myZohan will post the revised policy on the website. Each time you visit, access or use the website, you agree to the privacy policy posted on the website at the time.
myZohan will take all reasonable steps to use and disclose your personal information only in terms of this policy.
2. Definitions
Words defined in the website terms of use will have the same meaning in the privacy policy.
In the privacy policy:
“direct marketing” means any direct communication between myZohan and you for the purpose of goods and service information, marketing goods or services, customer profile building and personal customer care;
“information” means any information, including personal information that you provide to myZohan;
“interactive sections” means all sections of the website which allow you to communicate via the website with other visitors of the website or with myZohan, including but not limited to forums, clubs, surveys, feedback forms, clubs and e-mails;
"personal information" means any information by which you can be personally identified, and includes, without limitation, your name, surname, address, (mobile) telephone number, e-mail address, age, birth date, gender, profession, product data and details, product preference, product satisfaction, language;
“we” or “us” or “myZohan” means trading under myZohan or Zohan CC.
“website” means www.myzohan.co.za;
“you” or “user” means any person who accesses or uses the website.
3. Active collection of personal information
The website actively collects personal information from users by asking users specific questions and by allowing users to communicate directly with myZohan through the interactive sections of the website.
When you register for any service or benefit or if you register to participate in a particular activity (like a competition or other promotion), we may require that you provide personal information to us.
In these situations, myZohan will ask the user for particular information, and inform the user at each information point what information is mandatory and what information is optional.
4. Passive collection of personal information
myZohan passively collects (i.e. without the user actively providing the information) personal information from your browser, including an IP address, cookie information, and the page requested.
A cookie is an alphanumeric identifier which myZohan’s computer system transfers to your hard drive through your web browser when you visit the website. It enables our system to recognise you when you visit the website again and to improve our service to you.
It also enables us to diagnose problems with our server, to report and aggregate information, to determine the fastest route for your computer to use in connecting with the website, and how to better administer and improve the website. It also enables us to compile aggregate information about your website access and use. We can use this information to enhance the content of the website and to make it more user-friendly.
Please note that you may disable the use of cookies by configuring your browser accordingly.
5. Consent to collection, use and storage of user's personal information
You agree that myZohan may collect, use and store your personal information to:

1. establish and verify your identity;
2. maintain and update myZohan’s customer, or potential customer databases;
3. greet you when you access the website;
4. send you direct marketing material from which you will be able opt out;
5. provide you with value added services like specialized services and knowledgeable staff, free advice, technical call centre, peace of mind supplier backed warranties as well as special corporate deals;
6. send you messages about the website, your account, the goods and services we offer;
7. communicate with you in general;
8. customise the website to users' preferences;
9. inform you of facts relating to your website access and use;
10. improve the content of the website or any of our services; installation, guarantee, extended warranties, customer care and product reviews;
11. inform you about myZohan goods and services, including information particularly aimed at a specific user;
12. inform you about competitions, promotions and special offers from myZohan;
13. do marketing and product research for myZohan;
14. provide you with targeted advertising when you access the website.

6. Disclosure of user's personal information
myZohan will not sell or distribute personal information or share or disclose personal information except as provided for in this policy.
You agree that myZohan may disclose your personal information to:

1. myZohan's affiliates;
2. employees or third parties contracted or employed by myZohan to provide services for or to myZohan, including for example, website hosting and development, technical support, financial services like credit or other payment processing, delivery services, and other support services. These companies require access to users' personal information to perform their functions and not for any other purposes and myZohan will take all reasonable steps to enter into confidentiality and non-disclosure agreements with the relevant service providers;
3. any third party to investigate or resolve complaints, including abuse complaints;
4. any third party who acquires all, or substantially all, of the assets or shares in myZohan, any of myZohan's affiliates, and/or the myZohan website, whether by sale, merger, acquisition or otherwise;
5. governmental agencies, exchanges and other regulatory or self-regulatory bodies if myZohan is required to do so by law or if myZohan believes that this is necessary to –
1. comply with the law or with any legal process;
2. protect and defend the rights, property or safety of myZohan, its affiliates or their customers;
3. prevent or deal with fraud or the abuse, misuse or unauthorised use of the website;
4. protect the rights, property or safety of members of the public (if you provide false or deceptive information about yourself or misrepresent yourself as being someone else, myZohan will proactively disclose this information to the appropriate regulatory bodies and commercial entities).

You agree that myZohan may use your personal information to compile profiles for statistical purposes and may trade with these profiles and statistical data, provided that the third party will not be able to link the profiles or statistical data to the user.
You may update or correct your personal information to ensure it is accurate, current, and complete, by e-mailing admin@myzohan.com.
myZohan will take reasonable steps to correct or update such information as soon as possible.
Where a user requires myZohan to delete information from the live database, the user agrees that the information may still be retained in backups or archives.
7. Monitoring
myZohan may monitor, intercept, read, block, or delete communication over its information systems.
8. Security
myZohan takes reasonable steps to put in place and maintain electronic procedures and systems with reference to accepted technological standards to secure all information under its control.
9. Usernames and passwords.
You acknowledge that Internet communications and transactions are not 100% secure or error free. In particular, information may not be secure in transit from the user to the website.
Moreover, where the user provides particularly sensitive personal information like passwords, ID numbers, or other special access features on this site, it is the user's responsibility to maintain the confidentiality of it and to safeguard them.
10. Linking to third party websites
myZohan is not responsible for the privacy practices of third party websites to which the website may link.
myZohan advises you to read the privacy policy of each website that you visit.
11. Children
The website is not targeted at children under the age of thirteen and myZohan will not knowingly collect information from users in this age group.
We encourage parents to talk to their children about the use of the Internet and information they disclose to websites.
12. Unauthorised use
Unauthorised use of information systems may be a violation of the law, including the Electronic Communications and transactions Act 25 of 2002 and the agreement between you and myZohan. A violation may result in civil and criminal penalties.
13. Queries and complaints
If you have any queries or complaints concerning this privacy policy and its application, you may contact info@myzohan.co.za.
14. Resolution of disputes
If a dispute between myZohan and a user concerning the interpretation or application of this privacy policy remains unresolved, and the user wants to pursue the dispute, the user must refer the dispute to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.
The arbitration proceedings must be conducted in Johannesburg in English.
The arbitration ruling will be final and the unsuccessful party will pay the costs of the successful party on an attorney and own client scale.

20. Fraud

myZohan reserves the right, for purposes of preventing suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and myZohan, in whole or in part, on notice to you. myZohan shall only be liable to refund monies already paid by you (see myZohan’s Refund Policy in this regard), and accepts no other liability which may arise as a result of such refusal to process any order/sale.

21. Returning a Product/s To myZohan

Refund Policy:
Refunds are transferred into your bank account, in accordance with how you originally paid. This process may take between 10 - 30 days. Refunds processing time frame will only be commenced from time of goods received.
Return of purchases

1. Purchases may be returned or exchanged subject to submission of the original receipt, and that the merchandise is in its original packaging and condition. These products will need to be shipped to myZohan at the cost of the Customer.
2. Non-returnable/ refundable items
1. Delivery and or installation costs
2. Pre-paid cards
3. Digital content
4. Any damaged or abused items

Faulty/defective products - first 6 months from date of purchase:
In the unfortunate event that your online purchased product becomes faulty/ defective, you should contact Mack. 

In the event that the product is found to be not faulty, you will be liable for all handling and shipping charges for collection and the re-delivery of the product to you.

Faulty/defective products - second 6 months from date of purchase:
In the event that the product is found to be not faulty, you will be liable for all handling and shipping charges for collection and the re-delivery of the product to you.

In the event that the product is found to be not faulty, you will be liable for all handling and shipping charges for collection and the re-delivery of the product to you.

Under both the statutory and non-statutory warranty, the warranty does not cover any defects caused by foreign objects /connection errors that is not part of the appliance, including but not limited to;

1. use other than domestic use by the customer or his/her immediate resident family at the declared address appearing on the front of the warranty document lodged with myZohan. Failure to lodge the document may result in the warranty being voided;
2. failure by the customer or any other person to comply with the manufacturers’ instructions for installation, maintenance or use;
3. the use of accessories which have not been approved by the manufacturer;
4. the application and/or use of any incorrect or abnormal electrical supply to the appliance;
5. neglect, misuse, or willful abuse of the appliance;
6. anything related to the appearance of the appliance which does not in myZohan sole opinion prevent the appliance from working adequately: this includes but is not limited to cosmetic and manufacturers’ defects such as: discolouring of any part of the appliance, paint peeling off, cracked or broken handles, plates, hinges, wheels, panels, shelves or any portion of the product which is glass;
7. rust or the effects of rust;
8. repairs or attempted repairs of the appliance by any person other than myZohan or its authorized repairers;
9. any modification of the appliance by any person other than myZohan or its authorized repairers;
12. parts or items of the appliance which are expected to wear out before the warranty period expires, including but not limited to batteries;
13. fire, food, war, civil disturbance, industrial action, acts of God or any other causes beyond the reasonable control of the myZohan;
14. any defect arising out of the design of the product;
15. any defect caused by lightning strike or power surges;
16. blown or damaged speakers arising from misuse;
17. any damage caused due to the use of generic or re-filled accessories;
18. any loss or destruction of, or any damage to any property whatsoever, or any loss expense whatsoever arising there from, or any consequential loss or any liability of whatsoever nature directly or indirectly caused by or contributed to, by or arising from ionizing, radiation, or contamination by radio activity from any nuclear fuel or any nuclear waste from the combustion of nuclear fuel. Combustion shall include any self-sustain process of nuclear fission, or any loss, destruction, damage or disability directly or indirectly caused by or contributed to, by or arising from nuclear weapons material.
19. In the case of cameras, the warranty does not apply to any accessories, batteries, charges, attachable lenses or additions which do not constitute the main body of the camera. In the case of TV’s; Hi-Fi’s; VCR’s or DVD’s – remotes are not covered.
20. In addition, myZohan will not be liable for the costs of;

1. maintenance and service, including cleaning;
2. work covered by the manufacturers’ recall of the product;
3. call out charges; and
4. and material or labour which are recoverable from the manufacturer or any person who may be held responsible in terms of any other guarantee or warranty.
21. myZohan will not in any circumstances be liable for any consequential loss or damages suffered by the customer whether directly or indirectly related defect in the product to the extent permissible by law.
22. Repairs may not be effected without prior authorisation from myZohan.
23. In the case of an authorised repairer being called out for a fault covered by the warranty, the supplier shall pay the repairer for all labour and materials supplied in terms of the warranty, while the customer shall be liable to pay the repairer all other charges, including but not limited to the call out charge should no defect be found in the appliance.
24. The repair will be carried out in terms of the warranty within a radius of sixty kilometres from the appointed service agent’s premises. Should the repairer be required to travel beyond this radius, the customer will be charged at the prevailing AA rate per kilometre.
25. myZohan’s authorised repairers reserve the right not to do house calls in areas where their personal safety may be at risk.
26. Warranty does not cover computer software.

27. Disclaimer
Electronic Communications
When you visit the website of myZohan, you consent to receiving communications from myZohan electronically and agree that all agreements, notices, disclosures and other communications sent by myZohan satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
Consumer Protection Act. 68 of 2008
You hereby acknowledge that you have read and understood our return policy which complies with the provisions of the Consumer Protection Act.
The above terms and conditions as well as the products and/or service specific terms and conditions govern the sale of goods and/or the provision of services for purchases made from myZohan. Any additional terms and conditions are subject to the company policies and procedures (available on request) as well as the law. Any queries may be addressed to admin@myzohan.com, or contact your closet store and ask to speak to the manager.

No transaction concluded between myZohan and a person under the age of 18 shall be binding upon myZohan unless written consent thereto is received by myZohan from your parent or legal guardian. myZohan therefore reserves its right to request proof of identity prior to concluding any transaction with you. By your continued use of this website, you warrant that you are 18 years old or older.

You expressly agree that use of the Site is entirely at your own risk. The Site and its contents are provided on an ‘as is’ and ‘as available’ basis and has not been compiled to meet individual requirements. It is your responsibility to satisfy yourself, prior to entering into this Agreement, that the service available from and through this Site meets your requirements, and is compatible with the hardware and/or software used by you.
myZohan makes no representations nor gives warranties of any kind, whether express or implied including, without limitation, with respect to the Site, its contents, the accuracy thereof or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of Products and/or delivery arrangements and times.
myZohan disclaims all representations and warranties including, but not limited to, warranties as to the availability, accuracy or content of information, Products or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services.
myZohan does not warrant that the functions provided by the Site will be uninterrupted or error free, or that the Site or the server that makes it available are free from viruses or other harmful components. Save as expressly set out herein, myZohan shall under no circumstances whatsoever be liable to you, including without limitation, as a result of or in connection with the myZohan negligent acts or omissions or those of their employees, agents, representatives, sub-contractors or other persons for whom in law they may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (and whether arising under contract, delict or otherwise), sustained by either you, the recipient of the Products or services or any other person arising from or as a result of any sale concluded in terms of this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery, the use or possession of the Products or services.
myZohan, its directors, employers, sub-contractors, agents, representatives, affiliates and suppliers shall not be liable for any loss, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon the Site (including any information contained thereon) or the Internet. You hereby indemnify myZohan from and against any loss or damage suffered or liability incurred including, without limitation, in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the Site and/or in terms of this Agreement and/or in relation to the receipt of Products or services supplied by myZohan pursuant to any such order.
Notwithstanding any other provisions contained herein, the myZohan liability whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time the value of the Product(s) in respect of which any such dispute or claim arises.
By accessing this Site you warrant and represent to myZohan that you are legally entitled to purchase the Products and that all the details you have provided are true and complete. Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of myZohan. You should consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.

For shipments outside the country, the customer will be liable for customs, duty and any other related taxes.