Terms of use

OVERVIEW
This website is managed by Xpad Xpress (Pty) Ltd. Within the site, the terms “we,” “us,” and “our” refer to Xpad Xpress (Pty) Ltd. Operating under the name Vinnig Apparel, Xpad Xpress (Pty) Ltd provides this website along with all associated information, tools, and services, subject to your acceptance of the terms, conditions, policies, and notices outlined here.

By accessing our website or purchasing products from us, you participate in our “Service” and agree to comply with the following terms and conditions (“Terms of Service” or “Terms”), including additional terms, policies, and conditions that are linked or referenced herein. These Terms of Service apply to all users of the site, such as visitors, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service thoroughly before using or accessing our website. By accessing any part of the website, you agree to adhere to these Terms of Service. If you do not consent to all the terms and conditions outlined in this agreement, you are not permitted to access the website or use its services. Acceptance is strictly limited to the conditions stated in these Terms of Service.

New features or tools added to the website will also be subject to these Terms of Service. The most recent version of the Terms of Service is always available for review on this page. We reserve the right to modify, update, or replace any section of these terms by posting changes or updates on the website. It is your responsibility to periodically check this page for updates. Your continued use of or access to the website after changes are made signifies your acceptance of those modifications.

SECTION 1 – ONLINE STORE TERMS
By accepting these Terms of Service, you confirm that you are either the age of majority in your state or province of residence or have reached the age of majority and have granted consent for your minor dependents to use this site.

Our products must not be used for any unlawful or unauthorized purposes, and while using the Service, you are prohibited from violating any applicable laws in your jurisdiction, including copyright regulations.

You are strictly prohibited from transmitting worms, viruses, or any harmful or malicious code.
Any violation or breach of these Terms will lead to the immediate termination of your access to the Services.

SECTION 2 – GENERAL CONDITIONS
We reserve the right to deny service to anyone, at any time, for any reason.

You acknowledge that any content you provide (excluding credit card details) may be transmitted without encryption and may involve (a) transfers over different networks and (b) adjustments to meet the technical requirements of connecting networks or devices. Credit card information will always be encrypted during its transfer across networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, the use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our explicit written consent.

The section headings in this agreement are provided for convenience only and do not impact or alter the terms in any way.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not liable for any inaccuracies, incompleteness, or outdated information presented on this site. The content provided is for general informational purposes and should not be solely relied upon for decision-making without consulting primary, accurate, complete, or timely sources of information. Any reliance you place on the material on this site is done at your own risk.

The site may include historical information, which is not necessarily current and is provided solely for reference. We reserve the right to alter the content of this site at any time, but we are under no obligation to update any information. You agree that it is your responsibility to stay informed of any changes to the site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Product prices may change without prior notice.

We reserve the right to modify or discontinue the Service (or any part or content of it) at any time without notice.

We will not be held liable to you or any third party for any changes, price adjustments, suspensions, or discontinuations of the Service

SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or Services may only be available online through the website, with limited quantities. These items are subject to return or exchange based on our Refund Policy.

We have made every effort to accurately display the colours and images of our products, but we cannot guarantee that the display on your computer monitor will be entirely accurate.

We reserve the right to limit the sales of our products or Services to any person, location, or jurisdiction, and we may exercise this right on a case-by-case basis. Additionally, we may limit the quantities of products or Services available. Product descriptions and prices may change at any time, at our discretion, without notice. We may also discontinue any product at any time. Any product or Service offer made on this site is void where prohibited.

We do not guarantee that the quality of any products, Services, information, or other materials purchased will meet your expectations or that any Service errors will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place. We may, at our discretion, limit or cancel the quantity of items purchased per person, per household, or per order. These limitations may apply to orders placed under the same customer account, using the same credit card, and/or shipping and billing addresses. If we make any changes to or cancel an order, we will attempt to notify you using the contact information (email, billing address, or phone number) provided at the time of purchase. We also reserve the right to limit or reject orders that appear to be placed by dealers, resellers, or distributors, as determined solely by us.

You agree to provide accurate, current, and complete information for all purchases made on our website. You also agree to promptly update your account and purchase details, including email, credit card numbers, and expiration dates, to ensure smooth transactions and timely communication.

For further information, please refer to our Refund Policy.

SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools over which we have no control or involvement.

You acknowledge and accept that we offer access to these tools “as is” and “as available,” without any warranties, representations, or conditions of any kind, and without endorsement. We are not responsible for any liability related to your use of third-party tools.

Your use of these optional tools is entirely at your own risk and discretion, and you should review and agree to the terms set by the third-party providers.

In the future, we may introduce new Services and features on the website, including new tools and resources. These new offerings will also be subject to the same Terms of Service.

SECTION 8 – THIRD-PARTY LINKS
Some content, products, and services available through our website may include materials from third parties.

Links to third-party websites may lead you to external sites that are not under our control. We do not evaluate or guarantee the accuracy of content on these websites, and we assume no responsibility or liability for any third-party materials or websites, nor for any other products or services offered by third parties.
We are not responsible for any damages or losses caused by the purchase or use of goods, services, content, or other transactions made through third-party websites. Before engaging with any third-party transactions, please carefully review their terms and policies. Any complaints or concerns about third-party products should be directed to those respective parties.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, upon our request, you submit certain specific materials (such as contest entries), or unsolicited creative ideas, suggestions, proposals, or other content via email, postal mail, or otherwise, you agree that we may use, modify, copy, publish, distribute, and translate these materials for any purpose, in any medium, without limitation. We are not obligated to (1) keep any such submissions confidential; (2) provide compensation for submissions; or (3) respond to any comments.

While we are not obligated, we reserve the right to monitor, edit, or remove content that, in our judgment, we consider to be illegal, offensive, threatening, defamatory, obscene, or otherwise inappropriate, or that infringes on intellectual property or violates these Terms of Service.

You agree that your submissions will not infringe upon the rights of others, including intellectual property rights, and that they will not contain defamatory, illegal, or abusive content. Additionally, your comments must not include viruses or malware that could harm the functionality of our website or related services. You are solely responsible for the accuracy of any comments you make, and we bear no responsibility or liability for them.

SECTION 10 – PERSONAL INFORMATION
The personal information you submit through our store is governed by our Privacy Policy and the relevant laws of the Republic of South Africa.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, you may encounter errors, inaccuracies, or omissions on our site or within the services we provide, including product descriptions, pricing, promotions, shipping details, or product availability. We reserve the right to correct any such issues, update information, or cancel orders if information provided by us is found to be incorrect.

We do not have an obligation to update, amend, or clarify any information on our website unless required by law. Please note that any refresh or update date on our website does not imply that all site content has been altered or corrected.

SECTION 12 – PROHIBITED USES
In addition to other prohibitions mentioned in these Terms of Service, you are prohibited from using the site or content for:

(a) unlawful purposes;
(b) soliciting others to engage in illegal acts;
(c) violating laws or regulations at local, state, provincial, or federal levels;
(d) infringing intellectual property rights of us or others;
(e) harassment, abuse, or discrimination of any kind;
(f) submitting false or misleading information;
(g) uploading or transmitting viruses or malicious software that may interfere with site or service functionality;
(h) collecting or tracking others’ personal information;
(i) engaging in spam, phishing, or similar practices;
(j) using the site for immoral or obscene purposes; or
(k) circumventing security measures.

We reserve the right to terminate access if any of these prohibited uses are violated.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of the service will be uninterrupted, secure, or error-free. We also do not warrant that the results obtained through our service will be accurate or reliable. You agree that your use of, or inability to use, the service is at your own risk. The service, along with any products or services provided through it, are offered “as is” and “as available,” without any guarantees, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.
We are not liable for any damage, loss, or injury resulting from your use of the service, including, but not limited to, loss of profits, revenue, or data, or any errors or omissions on the site.

SECTION 14 – INDEMNIFICATION
You agree to indemnify and hold harmless Xpad Xpress (Pty) Ltd and its subsidiaries, affiliates, partners, employees, contractors, and agents, from any claims or demands arising from your breach of these Terms of Service or violation of any laws or third-party rights, including reasonable legal fees.

SECTION 15 – SEVERABILITY
If any provision of these Terms of Service is deemed unlawful or unenforceable, it will be enforced to the maximum extent allowed by law, and the unenforceable portion will be severed from the rest of the Terms. The remaining provisions will continue in full effect.

SECTION 16 – TERMINATION
The rights and responsibilities of the parties that have accrued before the termination date will remain after termination for all purposes. These Terms are effective until terminated by either you or us. You may terminate this agreement by notifying us and discontinuing the use of the service. We may also terminate these Terms of Service at any time, without notice, if we determine you have failed to comply with any provision of these Terms.

SECTION 17 – ENTIRE AGREEMENT
Our failure to enforce any rights or provisions of these Terms does not waive those rights or provisions. These Terms of Service and any policies we post on the site or in relation to the service constitute the entire agreement between you and us, superseding any prior agreements or communications. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 18 – LIFETIME GUARANTEE
We fully support the quality of the products we create.

The Vinnig Lifetime Guarantee applies to all eyewear models and covers defects caused by manufacturing or accidental damage. If your Vinnig sunglasses frame breaks, we will repair or replace it at no charge. Manufacturer defects are eligible for unlimited repairs or replacements, while accidental breakage is covered with one replacement or repair per purchase.

This guarantee does not extend to lens scratches, wear and tear, loss, or theft. Any modifications, misuse, or abuse will invalidate the guarantee. The decision to repair or replace a product is entirely at the discretion of the Vinnig Apparel team.

To make a claim, please email photos of the issue along with your original order number to flash@vinnigapparel.co.za. We will assess your case and take the necessary actions.

Expect feedback within 3 working days. If you have any questions about this process or need assistance finding your original order number, feel free to contact us.

This guarantee does not affect your statutory rights under applicable provincial or national laws regarding the sale of consumer goods.

If the product breaches any written or implied guarantee, the consumer’s remedy is limited to product repair, replacement with an identical or comparable style, or a replacement, at Vinnig Apparel’s discretion. Vinnig Apparel will not be responsible for other damages, such as incidental or consequential damages, arising from product use.

SECTION 19 – FORCE MAJEURE

We will not be held liable for any delays or failure to fulfil our obligations to you due to circumstances beyond our control (“Force Majeure”). These circumstances may include, but are not limited to:

• Strikes, lockouts, or other forms of industrial action

• Shortages of labour, fuel, power, or raw materials

• Delayed or faulty performance by suppliers

• Failures in private or public telecommunications, computer networks, or equipment breakdowns

• Civil unrest, riots, invasions, terrorist threats, wars (declared or not), or preparations for war

• Natural disasters such as fire, explosions, storms, floods, earthquakes, subsidence, epidemics, or severe weather conditions

• Impassable transportation routes, including railways, ships, aircraft, or road transport

• Acts, decrees, laws, or restrictions imposed by any government

• Any other factors beyond our reasonable control

In the event of a Force Majeure occurrence, our performance will be suspended for the duration of the event, and we will be granted additional time to meet our obligations. We will make reasonable efforts to minimize delays caused by the Force Majeure event and seek solutions that allow us to continue fulfilling our commitments. We will inform you as soon as possible about any Force Majeure event, including details about the issue and, if possible, the anticipated length of the delay.

SECTION 20 – GOVERNING LAW
These Terms of Service and any agreements that we provide services to you under will be governed by the laws of the Republic of South Africa.

SECTION 21 – CHANGES TO TERMS OF SERVICE
You can view the most recent version of these Terms of Service on this page at any time. We reserve the right to amend, modify, or replace any part of these Terms of Service by posting updated versions on our website. It is your responsibility to regularly check our website for changes. By continuing to access our website or use our services after updates are posted, you accept those changes.

SECTION 22 – CONTACT INFORMATION
For any questions regarding these Terms of Service, please contact us at flash@vinnigapparel.co.za.