Prohibited and Restricted Products Policy
Zando offers local Vendors a vast fashion marketplace to sell their Products to Zando Customers. This marketplace is not curated by Zando, but rather by you, the Vendor.
Please note that it is your responsibility to conduct proper research to ensure that the Products listed in Zando’s marketplace comply with all applicable laws and regulations.
Illegal Products and Products that promote illegal activity, including counterfeit or stolen Products, are not allowed to be sold on Zando. All forms of illegal activity are strictly prohibited. Listings may not facilitate or promote illegal acts.
The following types of products are prohibited or restricted on Zando:
Counterfeit Products and particularly those products which infringe the intellectual property of Third parties. This category does not extend to non-counterfeit parallel/grey imports. In order to sell legal Parallel/Grey imports, Product pages on the Platform must have the following disclaimer:
- These Products have been imported without the approval or license of the registered owner of that trademark and no guarantee or warranty in respect of such Products will be honored or fulfilled by any official or licensed importer of such Products. However, any warranty claims will be covered by Zando or the relevant Third Party Seller, in accordance with our Returns Policy.
- Each Product must be labeled as (Parallel Import) in the Product title on the Product Page.
- Art- Home Décor, which violates copyright or trademark of a Third Party.
- Offensive and Controversial content. Any Product that promotes, incites or glorifies hatred, violence, racial, sexual or religious intolerance or promotes organizations with such views will be removed.
- Stolen Products
- Products that depict child abuse/exploitation
- Products intended for use by children that contain adult content, profanity and/or sexual references.
- Products marketed to or targeted at kids or teenagers that are age-inappropriate.
- Products which contain derogatory language
- Drugs and pharmaceuticals
- Every Product listed in SARS’ Consolidated List of Prohibited and Restricted Exports and Imports found at https://www.sars.gov.za/ClientSegments/Customs-Excise/Pages/Prohibited-and-Restricted-goods.aspx
- Every Product which would require Zando to be in possession of a valid municipal Business Licence, where Zando is not in possession of such license.
If you supply a product in violation of the law or Zando’s Policy, we will take corrective actions, as appropriate, including but not limited to immediately suspending or terminating selling privileges, destroying inventory in our fulfillment centers without reimbursement, returning inventory, terminating the business relationship, and permanent withholding of payments. The sale of illegal or unsafe products can also lead to legal action, including civil and criminal penalties.
Commission and Payment Terms
- Zando’s commission for services rendered shall be calculated as a fixed percentage of the Recommended Retail Price (“RRP”) of the Product, excluding VAT. The fixed percentage shall be set out in Annexure A, attached hereto.
- The commission percentage shall exclude VAT and VAT shall, therefore, be added to the commission amount on Zando’s Invoices.
- In the event that products are discounted by the Vendor, the parties agree that Zando’s commission shall still be calculated on the full RRP before any discounts or reductions are applied against the RRP.
The fee structure is set as follows (all in ZAR, excl. VAT):
- Fulfillment fees Delivery fee (per order) - R30
- Return fee (subject to 9) R0 - Optional fees (at Vendor request)
- Picture cost (per style)* R100
- Samples to be delivered to Zando at Vendor’s cost and returned by Zando at Zando’s cost
- Should Vendor request Zando to take pictures of products, the Vendor shall be entitled to use those pictures (excluding model images) for marketing the sale of their products on www.zando.co.za only. Whenever these photographs are used by the Vendor, there must be a link redirecting potential customers to those products on www.zando.co.za. The Vendor shall not be entitled to use the pictures for any other marketing purposes unless expressly agreed to by Zando.
Zando’s invoicing and payment to the Vendor:
Zando shall provide the Vendor, by the 15th of every month, with:
- A statement of all the Vendor’s Products sold in the preceding month, less any Products returned in that period, known as an Account Statement. The Account Statement shall include inter alia the details of the Products sold, the quantity sold, the amount the Products were sold for and the amount of VAT charged; and
- A Tax Invoice for Zando’s commission earned during the preceding month;
- The Vendor shall be entitled to the total amount recorded in the Account Statement at Display Price.
- Zando shall settle the balance between the total amount due to the Vendor as per the Account Statement and Zando’s Tax Invoice for commission and any other costs as agreed, within 1 month from month-end of the period described in the Account Statement.
- The Vendor shall furnish Zando with an original letterhead, with the correct bank account details and signed by an authorized signatory, which details shall act as the agreed bank account into and from which payments shall be made.
- Zando shall pay all amounts owing in terms of clause 7.3.3 into a bank account nominated by the Vendor, by electronic funds transfer.
- It is specifically recorded that it is the Vendor’s responsibility to declare VAT on Product sales reflected in the Account Statement. For the avoidance of doubt, the parties specifically agree that Section 54(2) of the VAT Act No. 89 of 1991 is applicable. The sale of Products to Customers is deemed to be made by the Vendor and not Zando. The Vendor may use the Product sale information in the Account Statement for the purposes of declaring output VAT.
- In the event that the Customer requests an invoice for a Product sale, Zando will issue an invoice on behalf of the Vendor in terms of section 54(2) as stated above.
- The payment method may be subject to change as described in the Payment Terms Guidelines.
- Each party shall be responsible for the settlement of its respective tax obligations which arises from any transaction in relation to this contract
Seller Score and Penalty Guidelines
- Operation Score: Operational Score is a decimal value between 0 and 100 that is calculated by Marketplace and set on a seller level
- Pending To Shipped in 24 hours: The rate calculates the percentage of order items that have reached the status shipped in 24 hours over the last defined days.
- Return Rate ( Warehouse Reason ): The return rate calculates the percentage of the order items returned to the seller over the last 28 days.
- Cancellation Rate: The Cancellation rate calculates the percentage of the order items canceled by the seller over the last 15 days.
Seller Score Rating:
- 5 Star – Excellent
- 4 Star – Good
- 3 Star – Average
- 2 Star – Bad
- 1 Star – Extremely Bad
Penalties may be instituted in the case of non-compliance by the Vendor with Zando’s quality commitments to its Customers at Zando’s discretion.
If instituted, penalties shall be awarded to compensate Zando for any extra effort required to meet our mission of providing quality products to customers and to protect the best interest of the Zando brand.
Zando places high importance on maintaining the trust of its customers. We have established penalties for Vendors so that customers can shop with a sense of safety and security about their third-party marketplace transactions.
All Vendors should be working toward achieving and maintaining a high level of customer service. To achieve this, Zando enforces penalties to prevent
The following are usual offenses that may be subject to penalties:
- Sale of counterfeit products and non-conformity to the Prohibited and Restricted Products Policy
- Slow fulfillment of orders
- Cancellation of orders and out of stock
- Non-compliance with Packaging Guidelines
- High rate of Returns of products according to Zando’s discretion
- Breach/infringement of any applicable law and regulations
In order to justify the trust placed in Jade E-Services South Africa Proprietary Limited (hereinafter referred to as “Zando”) by its customers and to always be able to send high-quality merchandise to Zando’s customers in undamaged original packaging on time, standardized procedures, in particular in the logistics sphere, are indispensable.
In view of this, Zando and the Vendor (collectively the “Parties”) have agreed on the following guidelines relating to orders, delivery and invoicing. The guidelines apply to all contracts concluded between Zando and the Vendor and form part of the legally enforceable agreement between Zando and the Vendor and are binding whether or not they have been signed by the Parties.
Contact Data at Zando
Zando endeavors to make available to the Vendor efficient contacts for all matters relating to the business relationship.
It is assumed that the Vendor will provide delivery to Zando’s named Delivery Address.
Requirements for Apparel/Garments and CHEP Pallets
Due to the imminent implementation of legislation requiring the mandatory care labeling and fiber content labeling of garments & textile products, it is required that garment Consignors comply with the following three SABS “Codes of Practice”.
The label for apparel is mandatory and needs to state the following in English
- Country of origin, e.g. "Made in South Africa", "Made in China", "Made in India", etc.
- % Fiber Content, in accordance with South African National Standards document.
- Care labeling, in accordance with the South African National Standards document.
The requirements and specifications of the labeling is as follows:
- Must be clearly visible and no part of the information can be obscured
- Trade name or trademark may precede or follow indication of fiber content
- Ensuring fabric or article is appropriately labeled and the information is easily accessible to Zando when product is sold or displayed
Size of labels
- Either woven or printed on satin
- Size to be 20mm x 90mm (total including fold)
- Must be of suitable size and material so that the information is clearly legible.
- Must withstand the appropriate cleaning treatment throughout the useful life of the product
- Where it is in direct contact with the wearer’s body it must not cause irritation to the skin (e.g. scratching)
- Application of labels or marking
- Must be marked or labeled on one or more of the following ways:
- On a label securely attached to the article (i.e. sew-in label)
- On packaging or label attached to packaging
- By swing-tag or sticker
- The generic name
- Or the generic name and the trade name
- Must be in one or more of the official languages in South Africa
- By the % symbol
- Or by the word percent
- The percentage must be indicated unless otherwise stated
Products containing two or more fibers:
- Where both products are different fibers and are sold together as a complete unit (i.e. two-piece suit or skirt with a bodice)
- Indicate the fiber content of each unit or component
- Where both products are the same fiber content and are sold as a complete unit (i.e. skirt and top) only one label or indication of fiber content is required.
Individual Sales Packaging and Article Numbers
- The Vendor shall deliver all individual articles in individual packaging (e.g. shoe boxes, polybags).
- The individual packaging must be unrestrictedly suitable for onward sale to end consumers. In particular, this means that it must be undamaged and clean both outside and inside (e.g. tissue paper).
- The Vendor shall label the individual article by a clear article number in each case. A clear article number only exists if the number refers to the individual article as homogeneously-sorted.
- The color code must be integrated into the article number. If the Vendor does not use different article numbers for different colors of an article, the Vendor must state the color in an additional way (other than stating the specific color).
- The article number must be identical with the article number stated in the Purchase Order confirmation. Otherwise, delays in the acceptance of merchandise will result. If a comparison of the article numbers is also not possible individually (instead of technically), this can lead to the merchandise being deposited in storage for blocked stock and to considerable delays in the entire logistics procedure. In addition, interim storage in storage for blocked stock incurs costs; Zando reserves the right to invoice the Vendor for these costs.
- The Vendor will enclose a delivery note with each delivery. A delivery note template is available on SellerCenter.
- Fragile Merchandise, Partial Performance
- The Vendor will pack fragile merchandise particularly carefully.
- The Vendor is not entitled to partial performance. Notwithstanding this, Zando reserves the right to accept partial performance.
- Consequences of Failure to Comply with the Delivery Guidelines
- Due to its optimized logistics procedure, Zando relies on the Vendor’s compliance with the delivery guidelines. If the Vendor breaches these Delivery Guidelines, Zando’s entire logistics procedure may be disrupted and Zando may incur considerable damage/loss as a result.
For this reason, Zando in particular reserves the right to refuse to accept the merchandise in the following cases:
- Delivery without a delivery note
- Delivery of merchandise not advised
- Deliveries outside the delivery times
- Transport damage or defects of the merchandise