TERMS AND CONDITIONS OF TRINITY PROMOTIONS CC T/A Brand-a-shirt(including CPA and non-CPA Customers)
1.1. The Company provides a web-based platform, www.brand-a-shirt which allows Consumers/Customers to use an online product designer to design Product artwork, or the file uploader to upload their print ready designs (“Web-based Services”) in order for same to be printed by the Company and to be delivered to/ collected by the Consumer/Customer.
2.1. Business Day means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa.
2.2. Company means Trinity Promotions CC t/a Brand-a-shirt, a close corporation with registration number 2005/182310/23, situated at Unit 3, 5 Star Business Park, Juice Street, Honeydew;
2.3. Conditions mean these Terms and Conditions as may be amended from time to time;
2.4. Consumer means:
2.4.1. a natural person, i.e. a human being, or
2.4.2. a legal person (including agency, business establishment, firm, trust, partnership,
association, close corporation, company or the like) with an annual Turnover of less than R2 million, making use of the Web-based Services and purchasing Services and/or Products from the Company;
2.5. Customer means a legal person (including agency, business establishment, firm, trust, partnership, association, close corporation, company or the like) with an annual Turnover equal to or above a Turnover of R2 million, making use of the Web-based Services and purchasing Services and/or Products from the Company;
2.6. Data Protection Laws mean the Protection of Personal Information Act No. 4 of 2013;
2.7. Day/s mean calendar days, which shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or official public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or official public holiday in the Republic of South Africa;
2.8. Direct Marketing means approaching Consumers and/or Customers either in person or by mail or electronic communication for the direct or indirect purpose of promoting or offering to supply, in the ordinary course of business, any Products or Services to the Consumers and/or Customers;
2.9. Parties mean the Company and the Consumer/Customer;
2.10. Party means the Company or the Consumer/Customer, as the context may indicate;
2.11. Personal Data means Personal Information as defined in the Protection of Personal Information Act No. 4 of 2013;
2.12. Processing means processing as defined in the Protection of Personal Information Act No. 4 of 2013;
2.13. Products mean the products purchased from the Company including, but not limited to
t-shirts, caps, signage boards, corporate gifts, flyers, business cards, car magnets, notepads, posters and stickers;
2.14. Quotation means the Company’s quotation;
2.15. Services mean the services rendered by the Company to the Consumer/Customer including,
but not limited to digital printing, Litho printing, screen printing of correx/ t-shirts, heat press t-shirts, pad printing and/or general screen printing; and
2.16. Turnover means the Consumer/Customer’s overall turnover during its previous financial year.
2.17. Website means www.brand-a-shirt.co.za.
- GOVERNING CONDITIONS
3.1. The Conditions set forth herein shall apply to the use of the Website, the Web-based Services and to all transactions for the provision of Products and/or rendering of Services entered into via the Website, or to be entered into between the Company and the Consumer/Customer via the Website.
3.2. All Orders made via the Website are accepted only upon these Conditions which shall override any and all other terms or conditions incorporated or referred to by the Consumer/Customer in writing, orally or otherwise.
3.3. Any changes made by the Company to these Conditions shall be applicable between the Parties immediately upon the posting of the amendments on the Website. In the event that the Consumer/Customer objects to the changed Conditions, the Consumer/Customer shall immediately discontinue its use of the Website, but all pending or incomplete Orders already submitted via the Website will be completed on the terms contained in the Conditions at the date of submission of the artwork/ print ready designs. The Consumer’s/ Customer’s continued use of the Website following the amendment of these Conditions, will constitute the Consumer’s/ Customer’s acceptance of such amended Conditions.
3.4. These Conditions may not be amended by the Consumer/Customer whether in writing, orally or otherwise.
3.5. The Consumer/Customer acknowledges that these Conditions, together with the express terms of the Company’s Quotation entered into by the Parties, if any, constitute and form the entire terms of the agreement between the Parties, and override any antecedent terms and conditions, statements or representations whether oral, written or implied.
3.6. In the event that there are any conflicting terms between these Conditions and the Quotation or any other agreement entered into by the Parties, if any, the terms of these Conditions shall prevail.
- USE OF THE WEBSITE
4.1. The Consumer’s/ Customer’s use of the Website constitutes the Consumer’s/ Customer’s acceptance of these Conditions. The Consumer/ Customer is deemed to have read, understood, accepted and is bound to these Conditions if the Consumer/ Customer accesses and/or uses the Website.
4.2. To purchase Products and/or Services from the Company via the Website, the Consumer/ Customer must register his/her/its personal details on the Website and must be the holder of a valid credit card (e.g. a Mastercard or Visa card) or have access to electronic banking in order to make payment via electronic fund transfer.
4.3. By using the Website, the Consumer/ Customer warrants and represents that all details provided by the Consumer/ Customer is true and complete.
4.4. By registering on the Website, the Consumer/ Customer consents:
4.4.1. To receiving electronic communications from the Company;
4.4.2. That the Company may use the Consumer’s/ Customer’s information to contact the
Consumer/ Customer about promotions and special offers, if the Consumer/ Customer indicated during registration that he/she/ it would like to receive such information. The Consumer/Customer can opt out of this service at any time.
4.5. The Consumer/ Customer is responsible for maintaining the confidentiality and security of his/her/its User Name and Password for access to the Website. The Consumer/ Customer warrants that his/her/its User Name and Password will be used for personal use only, and accepts full responsibility for all activities that occur under his/her/its User Name and/or Password. The Company accepts no liability for any damages suffered or losses incurred as a result of the misuse or loss of the Consumer’s/ Customer’s User Name and/or Password.
4.6. Information, ideas and opinions (if any) expressed on the Website should not be regarded as professional advice or the official opinion of the Company.
4.7. The Website permits the Consumer/ Customer to submit designs, feedback, information, data, text, software, images, designs, messages, or other materials (“Submission”). The Consumer/ Customer is solely responsible for its Submissions and the Consumer/ Customer warrants that it owns or otherwise controls all rights to the Submission/s made by it. Submissions are non-confidential.
4.8. The Consumer/ Customer shall not use the Website to send or post any messages or to submit any material that is unlawful, harmful, harassing, defamatory, abusive, threatening, obscene, sexually orientated, racially offensive, profane, which violates any applicable law, or that contains a virus. The Consumer/ Customer indemnifies the Company against any loss, liability, damage or expense of whatever nature which the Company or any third party may suffer, directly or indirectly, due to or resultant from the Consumer’s/ Customer’s use of the Website.
4.9. All intellectual property rights, including but not limited to copyright, in all materials, including trademarks, logos, photographs, images, text and other graphics which form part of the Website are owned by the Company, alternatively the Company is the lawful user thereof.
4.10. The Company grants the Consumer/ Customer permission to view, electronically copy and print portions of the Website for the sole purpose of placing an Order with the Company.
4.11. Any use of the materials on the Website other than for the purpose noted above including, without limitation, the unauthorised submission, removal, modification, dissemination, copying or distribution of the copyrighted or other proprietary content, without the prior written consent of the Company and/or the lawful trademark and/or copyright owner (as applicable), is prohibited and constitutes an unlawful infringement of the relevant intellectual property rights.
4.12. No individual, juristic person or other website may link to any page of the Website without the Company’s prior written consent.
4.13. External hyperlinks may be provided on the Website, but such links are beyond the Company’s control. The Consumer/ Customer shall not interpret the provision of such hyperlinks on the Website as constituting any relationship between the Company and the linked third party, nor as an endorsement by the Company of such third party. Hyperlinks provided on the Website to other websites are provided “as is” and the Company does not
necessarily agree with, edit or sponsor the content of such websites. The use of, or reliance placed by the Consumer/ Customer on any external links provided on the Website is entirely at the Consumer’s/Customer’s own risk.
4.14. Any advertising and promotional material of a third party that may be displayed on the Website from time to time, shall not be interpreted as constituting any relationship between the Company and that third party, nor as an endorsement by the Company of such third party. Any use of, or reliance placed by the Consumer/Customer on such advertising and promotional material, is entirely at the Consumer’s/Customer’s own risk.
4.15. The Company shall be entitled at any time, and in its sole discretion, to take any reasonable steps to ensure the integrity and security of the Website.
4.16. The Company may, in its sole discretion, suspend or terminate the operation of the Website at any time without prior notice, and without the need to provide reasons for such termination or suspension, and without incurring any liability.
- QUOTATION, CHANGE/EXTENSION OF ORDERS AND CANCELLATIONS
5.1.1. The Company’s Quotation, based upon a request made by the Consumer/Customer, is valid for 7 (Seven) Days from the date thereof (unless previously withdrawn or revised) after which time it shall automatically expire and become null and void.
5.1.2. These Conditions shall integrally form part of the Quotation and invoice.
5.1.3. The Company’s Quotation is subject to stock availability.
5.1.4. Delivery is excluded, unless specifically included in the Quotation.
5.1.5. Any Order deviating from the Quotation, and its included terms and conditions, shall therefore constitute a new request for a Quotation.
5.2.1. By submitting an Order on the Website the Consumer/Customer:
126.96.36.199. Represents and warrants that he/ she is at least 18 (eighteen) years of age;
188.8.131.52. Represents and warrants that he/ she is authorised to make payment with a credit card, should this be the chosen method of payment;
184.108.40.206. Represents and warrants that there are sufficient funds available to pay for the Order;
220.127.116.11. Consents that the Company may provide the Consumer’s/ Customer’s Personal Data to the Company’s third-party payment provider (where applicable).
5.3. Change/Extension of Order
5.3.1. Any request by a Consumer/Customer to change or to extend an Accepted Order shall be treated as a separate request for a Quotation. An Order shall be deemed to constitute an Accepted Order if accepted in writing by the Company or if the Company commences work in respect of such Order. Orders may be subject to some variation by the Company due to factors beyond its control including, but not limited to an inability to source Products/supplies, power outages, strikes, riots, black outs, labour disputes, civil disturbances, war or acts of God.
18.104.22.168. If a Product and/or Service is erroneously listed at an incorrect price on the Website, then the Company may in its sole discretion, cancel the Order(s) placed based on the incorrect price and refund the affected Consumer(s)/Customer(s) the full amount paid in respect of the cancelled Order. In these circumstances the Company will not be obliged to provide the Consumer(s)/Customer(s) with the affected Product at the incorrect price.
22.214.171.124. A Customer may cancel an Order, by sending an electronic mail to firstname.lastname@example.org or by contacting the Company telephonically on 0836802876, within 24 hours of the submission of the Order. A refund will only be provided by the Company if the Order has not been processed by the Company yet. The Company reserves the right to retain the transactional fee incurred.
126.96.36.199. A Consumer may cancel an Order, by sending an electronic mail to email@example.com or by contacting the Company telephonically on 0836802876. Consumers may cancel an Order, in whole or in part, subject to the Consumer paying the Company a cancellation fee, calculated at 15% of the total invoice value. If the Consumer is a natural person and if the Consumer’s Order results from Direct Marketing, the Consumer may, notwithstanding anything to the contrary in these Conditions, cancel that Order on written notice to the Company, within a period of 5 Business Days from the date of delivery of the Products. Please note this does not apply to personalised & custom made products.
- PRICE AND PAYMENT
6.1. The Products displayed on the Website is subject to availability and the Company reserves the right to discontinue any Product or Service at any time.
6.2. The price to be paid by the Consumer/Customer is the total price as set out in the invoice. The Consumer’s/ Customer’s Order will be processed as soon as the Company receives proof of payment.
6.3. The price of each Product is the price displayed on the Website on the date the Consumer/Customer effects payment in respect of such Product. If a Product is on special, the special price will be displayed on the Website.
6.4. Prices quoted, and prices displayed on the Website are exclusive of VAT.
6.5. Prices displayed on the Website only apply to purchases made via the Website.
6.6. Unless stated otherwise by the Company in writing, prices are quoted for Services to be rendered and/or for Products to be provided during the Company’s ordinary working hours.
6.7. Due to currency fluctuations, increases in cost price and/or other variables, the Company’s prices are subject to change without prior notice.
6.8. All invoices shall be paid by the Consumer/Customer in RAND through electronic fund transfer or via the Company’s Payment Gateway Partners.
6.9. Payments made through the Company’s Payment Gateway Partners are subject to the Trading Terms and Conditions of these partners, and acceptance of their terms is part of the payment process.
6.10. If payment is made by means of electronic fund transfer, the Products will only be released for collection/ delivery once the Consumer’s/Customer’s payment has cleared in the Company’s bank account.
6.11. All payments made by the Consumer/ Customer shall be free of deduction, set-off or counterclaim.
6.12. If payment is not received by the Company on the specified date, the full invoice amount will become due and payable immediately.
6.13. Interest will be charged on all overdue amounts at the maximum rate permissible in law.
6.14. If the Consumer/ Customer cancels its payment for any reason, or if the Consumer’s/Customer’s credit card is no longer valid or ceases to be valid, the Consumer/Customer will be bound to pay the Company the full price as per the invoice.
6.15. The price displayed on the Website for the installation of signage, is subject to the following:
6.15.1. The installation takes place within a 25 (Twenty Five) kilometer radius from the Company’s premises in Honeydew;
6.15.2. The height of the installation does not exceed 3 meters from the ground;
6.15.3. In respect of ground installations, there are no concrete, roots, paving, pipes, stones, rocks or any other obstructions where the poles must be installed into the ground; and
6.15.4. Clear site photographs are provided by the Consumer/Customer.
6.16. If the installation does not comply with the conditions set forth in clause 6.15, then the
Company will determine the price to be paid by the Consumer/ Customer for the installation
of the signage, in its own discretion.
- PRODUCTION TIME
7.1. The Company’s standard production time varies from product to product. In respect of standard Orders, the Company’s production time will be deemed to commence on the date and time that the Company receives all signed off approvals of the artwork in writing, and payment of the amount due has cleared in the Company’s bank account. The Company’s average production times, as set out herein are estimated production times only and the Company is not bound thereto. High volumes will result in longer production times. Production time is dependent on job specifications and stock availability. The production time does not include delivery time.
The Company’s average production times, are as follows:
7.1.1 Artwork proofs (if required) : 1 – 2 Business Days from receipt of the Order and applicable payment;
7.1.2. Standard signage: 7 – 10 Business Days to manufacture the signage from approval of artwork. Once completed, installation will be scheduled within 5 Business Days, provided full payment has been received. No installations will be scheduled if full payment is not reflecting in the Company’s bank account.
7.1.3 Vehicle branding: 5 Business Days for printing, cutting and lamination from the day the vehicle is brought in for measurements and vinyl colours are chosen. Once the vinyls are ready, installation will be scheduled within 5 Business Days. No installations will be scheduled if full payment is not reflecting in the Company’s bank account.
7.1.4. Business cards: Business cards approved before the Friday of the current week, will be ready for collection by the Thursday of the next week. Business cards are printed once a week;
7.1.5 Flyers: 7 – 10 Business Days from date of artwork approval (if applicable);
7.1.6. Litho printing that requires finishing ie. die cutting, lamination, binding etc.: 10 – 14 Business Days;
7.1.7. Screen printing of correx: 7 – 10 Business Days from date of artwork approval
7.1.8. Screen printing of t-shirts: 5 – 7 Business Days from date of artwork approval (if applicable). An additional 2 Business Days will be applicable if the Company is required to supply the t-shirts;
7.1.9. Heat press & laser print t-shirts: 1 – 2 Business Days from date of artwork approval. An additional 2 Business Days will be applicable if the Company is required to supply the t-shirts;
7.1.10. Garments with embroidery: 5 – 7 Business Days from date of artwork approval .
7.1.11. Vinyl stickers: 2 – 4 Business Days from date of artwork approval.
7.1.12. Pad printing: 5 – 7 Business Days from date of artwork approval.
7.1.13. Pull up and wall banners: 5 – 7 Business Days from date of artwork approval.
7.1.14. Sublimated banner printing ie. flags, gazebos, pop up banners: 5 – 7 Business Days from date of artwork approval.
7.1.15. General screen printing: 7 – 10 Business Days from date of artwork approval.
- SPECIAL TERMS
8.1. Artwork files
8.1.1. It is the Consumer’s/Customer’s responsibility to familiarise themselves with, and to comply with the artwork requirements for the Product/s they wish to order as the artwork requirements differ from one Product to the next. In order to do this, the Consumer/ Customer must click on the relevant link on the Website, under each Product, to view the important information.
8.1.2. The quality of the print is dependent on the quality of the artwork submitted by the Consumer/Customer on the Website, and the Company accepts no liability in this regard.
8.1.3. Should the artwork submitted by the Consumer/Customer on the Website not be print ready, the Company will contact the Consumer/Customer regarding potential additional charges, in order for the Company to attend to the necessary to make the artwork print ready.
8.1.4. Specific artwork instructions should be uploaded by the Consumer/Customer on the Website in word format, using the File uploader function.
8.1.5. Artwork files not submitted by the Consumer/Customer in CMYK or the correct Pantone spot colour, will result in artwork supplied in the incorrect format, being converted by the Company to the nearest matching colour and sent for approval to the Consumer/Customer. The converted artwork will only be sent to the Consumer/Customer for approval if, in the Company’s sole discretion, there is a drastic colour change. If the Consumer/Customer submits the artwork in the incorrect format, the Consumer/Customer acknowledges and agrees that the conversion is carried out at the Consumer’s/ Customer’s own risk.
8.1.6. The artwork submitted by the Consumer/Customer should have a resolution of at least 200dpi. If the resolution of the artwork is lower than this, pixels might be noticeable, although it will still be printable. The Company accepts no liability in this regard.
8.1.7. In instances where vector artwork is required, it must be submitted by the Consumer/ Customer in vector format, all fonts to be embedded.
8.1.8. The Consumer/Customer shall proofread their artwork and files carefully, before submitting same to the Company. The Consumer/Customer is solely responsible for the accuracy of the print ready artwork submitted by them. The Company accepts no liability in this regard. The Company shall further not be responsible or liable for any spelling, grammar or any issues in respect of the orientation or alignment of the pages or content of the Consumer’s/ Customer’s submitted artwork.
8.1.9. If the artwork files do not meet the requirements specified by the Company, including but not limited to those requirements set out herein and below:
188.8.131.52. The artwork size must match the ordered size;
184.108.40.206. The artwork must have the required “bleed area”;
220.127.116.11. The artwork must be equal to or above the minimum recommended resolution; and
18.104.22.168. All fonts must be embedded and must be larger than the minimum required for the specific Product or process; Then the Company will attempt to rectify the files, at the Consumer’s/Customer’s own risk, provided that the files can be rectified without noticeably changing the artwork. The Company accepts no liability for changes that need to be made to the artwork in order to ensure that the submitted files are printable. If the Company is unable to rectify the submitted artwork files without noticeable changes to the artwork, then this will be reported to the Consumer/ Customer. If the Consumer/Customer still instructs the Company to proceed with the order, despite the problem, then the Company shall not be liable for any inconsistencies or quality issues relating to or as result of the reported problem.
8.1.10. Uploading artwork on the Website for printing, is the sole responsibility of the Consumer/Client. Should a Company employee be requested to upload the artwork on behalf of the Consumer/Client, the Consumer/Client is still responsible to ensure that thecorrect artwork file is uploaded to the correct Order. The Company accepts no liability in this regard.
8.1.11. The Company shall not be liable under any circumstances, whatsoever, for the loss or damage of images or artwork, if the font was not converted to curves and/or if the images were not embedded by the Consumer/ Customer.
8.1.12. The Consumer/Customer shall not upload any artwork files consisting of the following material on the Website:
22.214.171.124. Offensive, indecent or improper material, material containing nudity, material that could give rise to any civil or criminal liability under applicable law, illegal material, material that infringes or could infringe on rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons whoare shown in the material, if applicable.
8.1.13. If the Consumer/ Customer uploads artwork files on the Website consisting of the material listed in clause 126.96.36.199 above, then the Company may its sole discretion, reject such Order, without liability.
8.1.14. The Consumer/ Customer accepts full legal liability for the artwork and the content of the material processed and printed on behalf of and under the instructions of the Consumer/Customer.
8.1.15. The Company may, in its sole discretion, set limits in respect of the maximum number of days that the Consumer’s/ Customer’s designs/ artwork/ other uploaded files will be retained by the Company as well as the maximum storage space that will be allocated to such files. The Company shall not be liable under any circumstances whatsoever if the Consumer’s/ Customer’s designs/ artwork/ other uploaded files are deleted or not stored, if the limits as set out above are exceeded.
8.1.16. The Company reserves the right to delete any artwork file stored, which has been inactive for an extended period of time, or for any other reason, without prior notice.
8.2.1. If requested by the Consumer/Customer, an online proof will be made available for review after the artwork files have been submitted to the Company for printing.
8.2.2. Orders where proofs have been requested, will not be sent for printing without the Consumer’s/ Customer’s written approval, unless the Consumer/Customer explicitly waives approval of the proof in writing.
8.2.3. It is the sole responsibility of the Consumer/Customer to monitor its e-mail box for the proof. The Company shall not be liable, under any circumstances whatsoever, for delays due to or resulting from the Consumer’s/Customer’s delay or failure to approve the proof.
8.2.4. An online proof is not an accurate colour reproduction of the final printed Product. The online proof is the Consumer’s/ Customer’s final opportunity to ensure that the layout, bleeds, crops and text is correct. Online proofs do not show transparency, overprint issues or the colour change from RGB to CMYK.
8.2.5. The Consumer/ Customer must treat the online proof as independent from the original submitted artwork file. The Consumer/Customer is solely responsible for reviewing the final proof thoroughly prior to approval, and for comparing the proof with the original submitted artwork file for any possible errors. The Company accepts no liability for any errors or issues, including but not limited to artwork/ copy/ date errors, due to or resulting from the proof approved by the Consumer/Customer.
8.3.1. All artwork is printed using CMYK format or pantone colours, where spot colours are required.
8.3.2. The Company will reproduce colour from submitted print-ready files as closely as possible, but cannot match colour and density exactly. The accuracy of colour reproduction is not guaranteed. By placing an Order with the Company, the Consumer/Customer agrees to this limitation.
8.3.3. The Consumer/Customer acknowledges and agrees that, due to the inherent nature of the printing process, the Company cannot be held liable in the following circumstances and the Company cannot guarantee that:
188.8.131.52. The finished Product/s will be an exact match in colour with the submitted files;
184.108.40.206. Where the Product/s are produced using full colour printing (also known as process colour or CMYK printing) that all or any pantone colours (also known as spot colours) will be accurately reproduced.
220.127.116.11. There will not be minor deviation in colour between (including, but not limited to):
18.104.22.168.1. Colour proofs and finished Products;
22.214.171.124.2. Two or more Orders;
126.96.36.199.3. Current and previous Orders; and/or
188.8.131.52.4. The single sheets of one Order.
8.3.4. A reprint will not be done by the Company in the above circumstances as set out in clause
8.3.3 or for colour variations that have occurred due to the Consumer/Customer’s failure to convert the artwork to CMYK or failure to provide a pantone code.
8.3.5. Should a particular pantone colour be required by the Consumer/Customer, the Company suggests that the Consumer/Customer requests that samples be printed at the Consumer’s/ Customer’s cost.
8.4. Product Colours
8.4.1. The Company has made every effort to display the colours of the Products that appear on the Website as accurately as possible. The colours seen by the Consumer/Customer will depend on the monitor of the Consumer’s/Customer’s computer and the Company cannot guarantee that the display of the colour on the Consumer’s/Customer’s computer will be accurate. Colours displayed in the design tool may not be an exact match to the end Product colour as these are cartoon generated images.
8.5.1. Stickers have not been approved for safety for use on food packaging or for direct contact with food. In addition, the Consumer/Customer should refrain from applying Stickers to already frozen materials/surfaces.
8.5.2. The Company does not guarantee that vinyl will stick to the Consumer’s/Customer’s walls, to rubber, wood, plastic or any other surfaces. Vinyl applies best to smooth, dry and clean surfaces. Vinyl may not adhere to rough or textured surfaces. Samples are available, on request, if the Consumer/Customer would like to test the vinyl on the relevant surfaces. Samples must be purchased by the Consumer/Customer.
8.6. Signs and Magnets
8.6.1. The Company does not guarantee that vinyl will stick to the Consumer’s/ Customer’s walls, to rubber, wood, plastic or any other surfaces. Vinyl applies best to smooth, dry and clean surfaces. Vinyl may not adhere to rough or textured surfaces. Samples are available, on request, if the Consumer/ Customer would like to test the vinyl on the relevant surfaces.
Samples must be purchased by the Consumer/Customer.
8.7. Apparel and Gifts
8.7.1. Apparel and Gifts are customised. It is the sole responsibility of the Consumer/Customer to select the correct model, size and colour of apparel/ the gift.
8.7.2. Not every size fits all. It is the sole responsibility of the Consumer/Customer to ensure that the correct clothing and apparel size is chosen based on the sizing chart that is provided.
8.8. Stock Availability
8.8.1. The Company cannot guarantee that stock will always be available.
8.8.2. If the Company is unable to supply each and every Product ordered or in the quantities ordered by the Consumer/ Customer, the Consumer/Customer still agrees to accept delivery of and to make payment in respect of the Products correctly delivered/ made available for collection.
8.8.3. Stock of the Products displayed on the Website, is limited.
8.8.4. The Company shall use reasonable efforts to discontinue a Product on the Website once stock is no longer available.
8.8.5. The Company shall under no circumstances be liable for failing to supply Product/s ordered
by a Consumer/ Client, due to a shortage of capacity or if no stock is available resultant from or due to circumstances beyond the Company’s control. In such circumstances, the Company will take reasonable steps to inform the Consumer/Customer of the shortage of capacity or that no stock is available.
- RISK AND OWNERSHIP
9.1. Ownership in the Products shall, at all times, remain vested in the Company until the Company has received full payment of the total price for all of the Products purchased and/or Services concerned.
9.2. Risk in the Product/s shall pass to the Consumer/Customer upon the Consumer’s/Customer’s collection of the Product/s from the Company or upon dispatch of the Product/s to the Consumer/ Customer, as applicable.
- DELIVERY AND COLLECTION
10.1. Delivery of the Product/s to the Consumer/Customer and onsite installation (if applicable) is for the Consumer’s/Customer’s account.
10.2. Delivery costs are calculated based on a standard shipping/ courier rate. The delivery costs will be displayed when the Consumer/Customer places the Order on the Website, but these delivery costs do not include freight insurance.
10.3. If the Consumer/Customer requires delivery outside of the Company’s standard shipping/courier services, then such delivery will be quoted on an ad hoc basis and such quote must be accepted by the Consumer/Customer before the Product/s will be dispatched.
10.4. Delivery to the following destinations or during the following times, will attract additional courier fees, which must be paid by the Consumer/Customer:
10.4.2. Farms/ Plots;
10.4.3. Power stations;
10.4.4. Chain stores;
10.4.5. Weekend deliveries;
10.4.6. Public Holiday Deliveries; and
10.4.7. Deliveries after business hours.
10.5. All Products duly dispatched by the Company to the Consumer/Customer, shall be at the Consumer/Customer’s risk.
10.6. Insurance of the Products, is the sole responsibility of the Consumer/ Customer.
10.7. Delivery times are dependent on the destination within South Africa and can take anything From 2 (Two) to 7 (Seven) Business Days.
10.8. Delivery times are estimated as accurately as possible and the Company will use its best endeavours to adhere to such estimated times. However, delivery times are not guaranteed, unless otherwise agreed by the Company in writing. Accordingly, the Company shall not be liable for any delays which are not so guaranteed. Delivery times are also subject to revision without notice, and the Company does not accept any liability for late deliveries.
10.9. Products required to be delivered by the Company shall be received, off-loaded, stored and protected by the Consumer/Customer.
10.10. The Company has a collection point situated in Honeydew, Roodepoort, Gauteng. If the Consumer/Customer selects the “collection” option at checkout, the full address and the collection arrangements will be communicated with the relevant Consumer/ Customer.
- LIABILITY AND INDEMNITY
11.1. The Consumer/Customer shall be responsible for ensuring that the Products and/or Services are sufficient and suitable for the Consumer’s/Customer’s purposes and the Company shall have no liability to the Consumer/Customer in the event that the Products and/or Services are not sufficient and suitable for the Consumer/Customer’s purposes.
11.2. The Consumer/Customer expressly agrees that the use of the Website is entirely at the Consumer’s/ Customer’s own risk. The Website and the contents thereof are provided on an “as is” and “as available” basis and has not been compiled to meet individual requirements. It is the Consumer’s/Customer’s responsibility to ensure that the Website is compatible with the hardware and software used by the Consumer/ Customer.
11.3. Save to the extent permitted by law, the Company, its members and employees shall not be liable, under any circumstances, and the Consumer/Customer indemnifies the Company, its members and employees against any liability or claims:
11.3.1. in respect of damage to and/or theft of and/or or loss of the Consumer’s/Customer’s items, howsoever caused, placed in the Company’s possession for branding. The Consumer/Customer places its items in the Company’s possession at its own risk. The Company will take the utmost care when branding the Consumer’s/Customer’s items; and
11.3.2. in respect of the quality of the print if low resolution images are supplied by the Consumer/ Customer. The Company cannot improve the quality of pixelated and/or blurry images.
11.4. Customer Only
11.4.1. The Company, its members and employees shall not be liable for any negligent acts or omissions of the Company’s employees, or for any direct or indirect damages, loss of profit, consequential damages, special damages, incidental damages, loss or injury to any person or property by reason of the use of the Website, reliance upon the contents of the Website, the Services and/or Products or any defects in them or by reason of any advice given. The Company’s aggregate liability to the Customer shall in no circumstances exceed the price paid by the Customer to the Company in respect of the Products and/or Services concerned, and shall never include indirect, incidental, special or consequential damages or economic loss (howsoever arising) including, but not limited to, loss of profit, loss of production or loss of business.
11.5. Consumer Only
11.5.1. The Company shall, in accordance with Section 61 of the Consumer Protection Act, be liable for:
184.108.40.206. the death of or injury to any natural person;
220.127.116.11. illness of any natural person;
18.104.22.168. any loss of or physical damage to any property; and
22.214.171.124. economic loss resulting from harm resulting from 126.96.36.199, 188.8.131.52 and 184.108.40.206 above, caused as a consequence of:
220.127.116.11.1. supplying unsafe Products;
18.104.22.168.2. a Product failure, defect or hazard in any Products; or
22.214.171.124.3. providing inadequate instructions or warnings to the Consumer concerning any hazard arising from or associated with the use of the Products, and the cause concerned existed at the time when the Products were supplied to that natural person.
11.5.2. Claims regarding the above-mentioned shall be valid if issued within 3 years after:
126.96.36.199. the death or injury;
188.8.131.52. the earliest moment when the natural person had knowledge of the illness;
184.108.40.206. the earliest moment when the natural person had knowledge about the loss or physical
damage to that property; or
220.127.116.11. the latest date on which the natural person suffered any economic loss.
11.6. The Consumer/Customer shall not be entitled to withhold any payment due under these Conditions because of any disputed claim in respect of the Website, the Products and/or Services, or with respect to any other alleged breach of these Conditions, or to set-off any amount payable to the Company against any amount payable by the Company unless authorised in writing by the Company.
- RETURNS, REFUNDS AND GUARANTEES
12.1. The Company only provides the guarantees as expressly set out in these Conditions and disclaims all other implied guarantees and warranties.
12.2. The Company makes no representations nor gives any warranties or guarantees of any kind, whether express or implied including, without limitation, with respect to the Website, its availability, 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 the Products and/or Services or the merchantability thereof.
12.3. The Company does not warrant or guarantee that the functions provided on the Website will be uninterrupted or error free, or that the Website or the server that makes it available are free from viruses or other harmful components.
12.4. All outdoor, indoor, vinyl applications and sign boards have a standard one year workmanship guarantee. This guarantee is subject to the following conditions:
12.4.1. The guarantee does not apply if the application and/or installation was not done by the Company;
12.4.2. In the event of peeling, lifting, bubbling or tearing, the Consumer/ Customer must notify the
Company in writing of the issue within 7 Business Days of the work being done by the Company. This guarantee shall not apply if the Company was not notified in writing timeously;
12.4.3. The guarantee does not apply in the event of damage due to accidents, improper use and/or care.
12.5. Should the Company supply incorrect Product/s or the Product/s supplied are damaged, the Consumer/ Customer must notify the Company of this in writing, within 24 hours of receiving the Product/s, failing which the Product/s supplied are deemed to be correct and in good order, and no claims regarding incorrect or damaged Product/s which are received from the Consumer/ Customer after the time period as set out in this clause has expired, will be valid.
12.6. In the event that notification is received timeously as per clause 12.5 above, the Company will replace the damaged or incorrect Product with a new Product within a reasonable time, provided that the damaged or incorrect Product is unbranded, has not been used or altered in any way and is returned to the Company in its original packaging and in its original condition together with the original invoice and proof of purchase within 10 days of the delivery of the
Product to the Consumer/Customer. A garment may only be returned for replacement, provided that same has not been washed or worn. The costs relating to the return of the Product to the Company will be for the Consumer/Customer’s account. If the Company, in its sole discretion, opts to refund the Consumer/Customer instead of replacing the Product, then the refund (less the transaction cost) will be paid into the bank account from which the
Consumer/ Customer made payment to the Company.
- FORCE MAJEURE
13.1. Delays in or failure of performance by the Company shall not constitute default herein or give rise to claims for damages if and to the extent that such delay or failure is caused by force majeure which is defined herein as occurrences beyond the reasonable, practical, economic or business control of the Company, and which, by the exercise of reasonable diligence, the Company would not normally have been able to prevent, including, but not limited to, decrees of Government, national or provincial lockdown, Act of God, strikes or other concerted act of workmen, fires, floods, explosions, riots, civil commotion, war, rebellion, sabotage, disruption of manufacture or commerce for political or other reasons.
- EARLY TERMINATION
14.1. Each Party shall be entitled, without prejudice to any other right or remedy available to that Party in terms hereof or at law, to forthwith cancel any agreement made pursuant to these Conditions or suspend any further deliveries of the Products and/or Services in the event that:
14.1.1. either Party makes any voluntary arrangement with its creditors or becomes subject to an administration order or becomes bankrupt or is sequestrated or goes into liquidation (otherwise than bona fide for the purposes of amalgamation or reconstruction);
14.1.2. an encumbrancer takes possession, or a receiver is appointed of any of the property or assets of one of the Parties;
14.1.3. either Party ceases, or threatens to cease to carry on business;
14.1.4. any event analogous to any of the foregoing occurs in any jurisdiction in relation to the other Party;
14.1.5. either Party breaches applicable laws and regulations and cannot remedy the breach within 20 Days following the non-breaching Party’s notice of default in respect of such breach; or
14.1.6. either Party commits any default or breach of these Conditions or of any of its obligations to the other Party and the breaching Party fails to remedy the breach within 20 Days following the non-breaching Party’s notice of default without prejudicing the non-breaching Party’s rights to claim damages.
14.2. In such event the breaching Party shall be liable for any legal costs, collection costs, the tracing agent fees, the attorney’s costs on an attorney and own client scale and/or collection commission in the amount of 10% on each instalment paid to the attorney or paid directly to the non-breaching Party following hand-over of the matter to the attorney, provided that the collection commission charged shall not exceed the statutorily prescribed maximum amount.
- CUSTOMER DATA PROTECTION
15.1. The Company will be exposed to the Customer’s/ Consumer’s Personal Data via the Customer’s/ Consumer’s use of the Website and/or when providing the Products and/or rendering the Services to the Customer/Consumer in accordance with these Conditions.
15.2. The Parties agree that all Customer/Consumer Personal Data and information to which the Company is permitted access in connection with these Conditions or which is supplied/ provided by the Customer/Consumer or on its behalf for any purpose, shall remain the sole property of the Customer/Consumer and shall be deemed to be Confidential Information and all Customer/Consumer Personal Data shall be subject to the Data Protection Laws.
15.3. The Company agrees it shall comply with all relevant statutory obligations contained in the Data Protection Laws, policies and procedures (as may be amended from time to time).
15.4. The Company shall only use and/or keep Customer/Consumer Personal Data for purposes of performing its obligations under these Conditions and only in a manner directed by the Customer/Consumer and shall not otherwise modify, amend or alter the contents of the Customer/Consumer Personal Data or disclose or permit the disclosure of such Customer/Consumer Personal Data to any third party, unless specifically authorised to do so by the Customer/ Consumer or as required by law or any regulatory body and shall take all such steps as may be necessary to safeguard the Customer/Consumer Personal Data;
15.5. The Company shall ensure that appropriate technical and organisational measures are in place at all times in order to prevent any unauthorised or unlawful Processing of such Customer/Consumer Personal Data and to prevent against the accidental loss or destruction of, or damage to, such Customer/Consumer Personal Data;
15.6. The Company shall not without the prior written consent of the Customer/Consumer process or transfer any Customer/Consumer Personal Data outside the Republic of South Africa;
15.7. The Company shall provide the Customer/Consumer with proof and/or copies of all compliance, security, audit and control reports created by it, as may be requested by the Customer/Consumer from time to time to ensure adherence to the Data Protection Laws by the Company;
15.8. The Company shall immediately notify the Customer/Consumer in writing when it becomes aware of, or has reasonable grounds to suspect, any unauthorised, unlawful or dishonest conduct or activities, or any breach of the terms of these Conditions relating to the Customer/Consumer Personal Data;
15.9. The Company shall co-operate with any request for access or query from an individual who is the subject of Personal Data and/or responding to any enquiry made, or investigation or assessment of any Processing initiated by a relevant regulatory authority in respect of such Personal Data.
15.10. The Company shall, at the Customer/Consumer’s written request and in accordance with the Customer/Consumer’s written instructions, as legally permitted, securely retain, delete, destroy or return all copies of the Personal Data. Personal Data shall be returned by secure file transfer or in such format as the Customer/Consumer reasonably requests.
16.1. The termination of these Conditions shall not affect such of the provisions of these Conditions, which by their nature, will survive the termination of these Conditions, notwithstanding that the clauses themselves do not expressly provide for this.
16.2. If any provision in these Conditions is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Conditions, and shall not affect the validity and enforceability of the remaining terms.
16.3. The Consumer/Customer shall not be entitled, without the prior written consent of the Company, to assign or cede its rights or obligations under these Conditions to any third parties.
16.4. Any notice required or permitted to be given under these Conditions shall be in writing and shall be sent by registered mail or confirmed delivery electronic mail, addressed to that other Party at its registered office, or principal place of business, or such other address as may at the relevant time have been notified pursuant to this provision to the Party giving notice. Notwithstanding the aforementioned, any notice actually received by the other Party will be sufficient service in terms of this clause despite the notice being sent by another method than by post or electronic mail.
16.5. No waiver by the Company of any of the terms of these Conditions shall release the Consumer/Customer from full performance of the remaining terms, and no waiver by the Company of any breach of the terms of these Conditions shall be a waiver of any subsequent breach of the same or any other term of these Conditions. No failure to exercise, nor delay or omission by the Company in exercising any right, power or remedy conferred on it under these Conditions or provided by law shall, except with the express written consent of Company, affect that right, power or remedy; or operate as a waiver of it.
16.6. These Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa and any dispute shall be referred to the exclusive jurisdiction of the South African Courts. Any disputes arising between the Parties in respect of these Conditions shall, at the option of the Company, be justifiable in the Magistrate’s Court notwithstanding that the amount in issue may exceed the jurisdiction of such court, and the
Consumer/Customer consents to such jurisdiction.