TERMS AND CONDITIONS FOR USE OF THE BRANDEDPENS.CAPETOWN WEBSITE
Welcome to our website and thank you for using this site and for purchasing from Brandedpens.Capetown / Brand Innovation. Your use of the Brandedpens.Capetown website indicates your acceptance of these terms and conditions and your agreement to follow and be bound by them.
This site is owned and operated by H.L.J. Andrews trading as Brand Innovation. Purchases made from the site are subject to the terms and conditions of this Agreement, to the exclusion of all other terms. By your use of this site, you acknowledge that you have read, understood and agreed to be bound by this Agreement, and the other policies displayed on this site.
1. COPYRIGHT AND INTELECTUAL PROPERTY
1.1 All rights not expressly granted are reserved.
1.2 Brand Innovation grants users the right to download, view and print content from the Brandedpens.Capetown Internet site for the sole purpose of browsing the site and placing an order with Brand Innovation. No commercial or non-private use is permitted without prior written consent obtained from Brand Innovation.
1.3 Any unauthorized use of the materials appearing on the Brandedpens.Capetown website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Please note certain images and descriptions are the copyright of the service providers concerned.
1.4 Brand Innovation cannot screen or edit all the content available from the Brandedpens.Capetown site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform us of any content that may be offensive or illegal
2. APPLICABLE LAW & COMPLIANCE WITH STATUTORY CONSUMER PROTECTION PROVISIONS
2.1 The Brandedpens.Capetown website is controlled and operated from the Republic of South Africa and therefore governed by South African Law. All communications and transactions concluded using the website, are governed by, and you agree to, the application of the laws of South Africa. Any limitations on implied warranties or the exclusion or limitation of certain damages which may be applicable under the laws of other jurisdictions are expressly waived by you, and to the extent that they cannot be waived, you shall not enter into any transactions with Brand Innovation.
2.2 Brand Innovation adheres to the provisions of Chapter VII of the Electronic Communications and Transactions Act 25 of 2002. This legislation provides protection to consumers and the provisions of the Act are relevant to commercial transactions that may be effected on the Brand Innovation.
2.3 The information required in terms of the Act is provided for your reference.
2.4 A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM: http://www.polity.org.za/pdf/ElectronicCommunications.pdf
3. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
3.1 You expressly agree that use of the site or the Internet is entirely at your own risk. The site and its contents are provided on an “as is” and “as available” basis and Brand Innovation make no representations or 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.
3.2 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Brandedpens.Capetown and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
3.3 To the full extent permissible by South African law Brand Innovation, its employees, suppliers or service providers disclaim all representations and warranties, express or implied, 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.
3.4 Brandedpens.Capetown does not warrant that the functions provided by the site will be uninterrupted or error free, or that the website or its servers or e-mails sent from Brandedpens.Capetown are free from viruses or other harmful components or code.
3.5 Save as expressly set out herein, Brand Innovation shall under no circumstances whatsoever be liable to you, including without limitation, as a result of or in connection with the Brand Innovation’s negligent (including grossly negligent) acts or omissions or those of Brand Innovation’s employees, agents or designees or other persons for whom in law Brand Innovation 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 (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), sustained by 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, possession or consumption of the products or services.
3.6 Brand Innovation, its employees, designees, 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.
3.7 You will indemnify Brand Innovation 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 receipt of products or services supplied by Brand Innovation pursuant to any such order.
3.8 Notwithstanding any other provisions contained herein, Brand Innovation’s 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 more than one and a half times the monetary value of the order in respect of which any such dispute or claim arises.
4. ELECTRONIC COMMUNICATION
4.1 When a user visits Brandedpens.Capetown, or sends e-mails to Brand Innovation, that user consents to receiving communications from Brand Innovation electronically and agrees that all agreements, notices, disclosures and other communications sent by Brand Innovation satisfies any legal requirements, including but not limited, to the requirement that such communications should be “in writing”.
4.2 The user agrees that Brand Innovation may at its discretion store all electronic communication of the user.
5. AGREEMENTS OF SALE
5.1 The products which appear on Brandedpens.Capetown’s website or any related sites are displayed as an invitation to do business and to allow you to make an offer to purchase the products to Brand Innovation.
5.2 Only when Brand Innovation has accepted your offer and the acceptance is communicated to you, will an enforceable agreement of sale be transacted.
5.3. Should the deposit be made by cheque 10 (ten) working days are required for the cheque to clear.
5.4. Brand Innovation reserves the right to refuse, to accept and/or execute an order without giving any reasons. Brand Innovation also reserves the right to cancel orders in whole or in part as circumstances dictate. Brand Innovation shall only be liable to refund monies already paid by the user.
5.5. The user agrees that any offer to purchase goods or services on the Brand Innovation site constitutes on their behalf agreement and sufficient consent for Brand Innovation to undertake any credit checks deemed necessary.
5.6. The price of any products or services sold through Brand Innovation shall be confirmed on the acceptance of your order. Brand Innovation shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, Brand Innovation will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid. Please also note that Brand Innovation reserves the right to alter prices without prior notice.
5.7. All communications with Brand Innovation facilitated by the Brand Innovation website, the Brand Innovation call centre, or email communicated between you and Brand Innovation shall be deemed to have been received, in the case of communications initiated by Brand Innovation, when the communication leaves the Brand Innovation website or email server, and in the case of communications initiated by you, when it is received on the Brand Innovation website or email server. Acceptance by Brand Innovation of an order placed by you shall be deemed to have been made and an agreement entered into, when communication of the acceptance leaves the Brand Innovation website or email server. Artwork should be carefully checked when signing of the proof as we will not be held responsible for any incorrectly branded goods. Please supply your artwork in any of the following formats; Corel Draw, cdr black, Pdf eps or a high-resolution.jpg or .tiff.
6. CUSTOMER COSTS
6.1 The prices of some products are displayed with the product. For others, please request a quote. Depending on the order, the cost of shipping is charged to you.
6.2 The customer can arrange for their courier to collect, or Brand Innovation will do so and charge the, customer for delivery accordingly. Delivery costs are calculated on weight, size and destination.
6.3 Value added tax at the rate of 14% is charged on goods bought by South African residents.
6.4 The cost of shipping outside the borders of South Africa is available on request. The cost will be determined following the request. Import duties may be payable by recipients of goods in foreign countries. Brand Innovation does not know what levies may be payable and cannot calculate or estimate such costs. VAT is not payable on international orders.
7. PAYMENT METHODS
7.1 All items to be paid in full before printing. Please send us proof of payment to prevent printing delays. All other transactions are strictly COD. Brand Innovation accepts bank deposits.
7.2 The exact amount must be paid;
7.3 The payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer;
7.4 No transfers must be made from ATM’s;
7.5 Cheque deposits are subject to a clearing period;
7.6 Unpaid bank deposit orders are cancelled after eight business days.
8. STOCK AVAILABILITY
8.1 Stocks of all goods on offer are limited. Brand Innovation shall take all reasonable efforts to inform you about stock availability or discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, Brand Innovation shall only be liable to refund monies where it is unable to fulfil orders at advertised prices.
9.1 Brand Innovation makes every effort to assure that the information supplied on the site is accurate. Where delays and out of stock situations occur, every effort will be made to inform you.
9.2 Brand Innovation does not normally deliver via courier outside the borders of South Africa. All goods to international addresses are usually collected by the customer within the borders of South Africa, or sent via airmail parcel post. Delivery usually takes places within two or three weeks after dispatch – however, seasonal peaks and delays at customs etc are outside the control of Brand Innovation and deliveries may take longer. It is possible to courier goods to international addresses. The costs are determined on an ad hoc basis.
9.3 For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification.
9.4 You agree to make yourself available at the delivery address you provide to accept delivery.
9.5 Any person other than yourself who receives the Products at the delivery address is conclusively presumed to be authorised to accept delivery on your behalf. Brand Innovation may at its discretion, insist that delivery may only be accepted by the person who placed the order (you the customer) and refuse to release the products to any other party, whether authorized by you to receive the products or not.
9.6 Should you not be in a position to make yourself available to accept the products at the provided delivery address, you agree to inform Brand Innovation in a written format. You agree that Brand Innovation has the right, which it may exercise at its discretion, to insist on the provision of additional verification information and/or a new delivery address where you are available to accept delivery. Additional verification information could include, but is not limited to, faxed copies of your identification document and other proofs of identity and copies of any credit card used in payment.
9.7 Should the purchase have been made via credit card, Brand Innovation may at its discretion, insist that the card used in the purchase be produce, a copy made and a signature provided at the time of product delivery.
9.8 Brand Innovation reserves the right to charge an additional delivery fee should it be required to make a further delivery or collection if no one is at the delivery address to receive the Products or hand over the returned Products, as the case may be.
9.9 Should no-one be in attendance at the time of delivery, the driver will retain the Products and a notice will be left at the delivery address to this effect. The driver will attempt to contact you to make new arrangements for delivery or collection.
9.10 Brand Innovation has outsourced all delivery and collection arrangements. Accordingly, Brand Innovation shall not be liable for any damage suffered or loss incurred by reason of any acts or omissions of the deliverer, its directors, employees, sub-contractors, agents, representatives and/or affiliates.
10.1 In the event of new goods that are defective, the rights of the Customer are limited to the Manufacturer’s guarantee of the goods supplied. Liability for defective goods is restricted to the cost of repair or replacement of faulty goods or granting of a credit at the sole discretion of Brand Innovation and its suppliers.
10.2 In the event that the customer is not satisfied with his purchase, the goods may be returned within 7
days of receipt at the expense of the customer for a refund (excluding actual delivery costs incurred by Brand Innovation) on condition that the goods are in mint condition and still in it’s original packaging.
10.3 All guarantees are immediately null and void should any equipment be tampered with or should the seals on equipment be broken by anyone other than the manufacturers’ representative or should the goods be operated outside the Manufacturer’s specifications.
10.4 Under no circumstances will Brand Innovation be liable for any damage arising from any misuse or abuse of the goods.
11. RETURN OF PRODUCTS
11.1 Brand Innovation shall, subject to the exclusions provided for below and the provisions relating to any return of products, allow the return of products, within seven days of the date of receipt by you of the products.
11.2 The provisions of this agreement relating to the return of goods and cancellation of any agreement to provide services shall not apply if:
11.2.1 any products and services are acquired by auction;
11.2.2 the supply of products which comprise foodstuffs, beverages, or other goods intended for everyday consumption at the home or workplace of the customer;
11.2.3 to services which commenced with the customers consent, (either express or implied) prior to the expiry of the seven day period;
11.2.4 where the price of the products or services depends on fluctuation in financial markets beyond the control of Brand Innovation;
11.2.5 where the products are personalised or made to the customer’s specifications;
11.2.6 where the products are perishable or will expire rapidly;
11.2.7 where the products by reason of their nature cannot be returned;
12. CUSTOMER OBLIGATIONS ON RETURN OF PRODUCTS AND SERVICES
12.1 The customer shall refund to Brand Innovation all direct expenses incurred by Brand Innovation or it’s authorised agents, in the delivery and order fulfilment of the products and services ordered by the customer, as well as the direct expenses incurred by Brand Innovation or it’s authorised agents in accepting return of the products and cancellation of the provision of services, arising as a result of the return of the products or cancellation of the services ordered by the customer.
12.2 Brand Innovation’s obligations on return of the products and services:
12.3 Within thirty days of return of the products Brand Innovation or it’s authorised agents shall refund you any amounts paid by you less any amounts due by you to Brand Innovation as provided for above.
13. HYPERLINK, FRAMING, SPIDERS & CRAWLERS
13.1 No person, business or web site may link to any page on this site without the prior written permission of Brand Innovation.
13.2 No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.
13.3 No person, business or web site may use any technology to search and gain any information from this site without the prior written permission from Brand Innovation.
14. LINKS TO OTHER SITES
14.1 Brand Innovation may provide links from the Brand Innovation website to other websites which may offer services to you. Brand Innovation is not responsible for evaluating the content or offerings made on these websites. Brand Innovation does not endorse or warrant the offerings of any of the businesses or individuals, nor is it responsible for the content of the websites to which links may be provided, or that of any third party websites, which may be accessed through these linked websites. No liability will be attributed to Brand Innovation for any dealings with any other websites accessed through links provided by Brand Innovation and you are solely responsible for assessing the terms and conditions and privacy provisions of any of these websites.
15. PRIVACY AND SECURITY STATEMENT
15.1 By visiting Brand Innovation, you are accepting the practices described in this statement.
15.2 Brand Innovation will not disclose your personal information to a third party other than to effect the transactions agreed to in using the Brand Innovation website without obtaining your express consent to do so. Brand Innovation will not sell or rent personal information about individual members (such as name, address, gender, email address, telephone or fax number) to third parties.
15.3 Brand Innovation may disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.
15.4 Brand Innovation may electronically collect, store and use the personal information of Users. Brand Innovation shall take all reasonable steps to protect the personal information of Users. User Information is necessary to ensure that communications and transactions entered into may be completed lawfully and effectively. User Information is also used to recognize returning customers, to personalize the site or to make recommendations.
15.5 Subject to Your consent, Brand Innovation may inform the User about competitions and special offers from Brand Innovation and/or its partners. You may elect not to receive any such communications from Brand Innovation and/or its partners.
15.6 Brand Innovation shall be entitled to use, sell and share any information that does not relate to any specific individual. Included is information provided by you compiled statistical or aggregated information in such a way that you may not be identified. Brand Innovation shall own and retain all rights to non-personal statistical information compiled by it.
15.7 While Brand Innovation and its affiliates shall take commercially reasonable care to safeguard the information provided by you to Brand Innovation from unauthorized access or disclosure, Brand Innovation does not represent or guarantee that the safeguards will provide absolute protection.
15.8 Unless agreed with you in writing, Brand Innovation shall not be obliged to encrypt any information sent to you, received from you or stored on your behalf or for the purposes agreed in this agreement.
15.9 “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
17.1 In the absence of an express agreement to the contrary, these terms and conditions shall apply to all future contracts between Brand Innovation and the customer relating to the products and services.
17.2 These terms and conditions constitute the entire agreement between the parties with regard to the matters dealt with herein and no representations, terms, conditions or warranties not contained in these terms and conditions shall be binding on the parties.
17.3 No agreement varying, adding to, deleting from or cancelling these terms and conditions shall be effective unless reduce to writing and signed by or on behalf of the parties.
17.4 No indulgence granted by Brand Innovation shall constitute a waiver of its rights under these terms and conditions and accordingly that party shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the other which may have arisen in the past or which may arise in the future.
17.5 These terms and conditions shall be governed in all respects by, and shall be construed according to the laws of the Republic of South Africa and shall be subject to the exclusive jurisdiction of the South African courts.
18. DISPUTE RESOLUTION
18.1 For all disputes regardless of where they arise, the place of the any transaction or interaction is deemed to be Cape Town. The dispute will be resolved in accordance with the law of South Africa. The language used during the dispute resolution process will be English.
19. AMENDMENT TO TERMS AND CONDITIONS
19.1 Brand Innovation may, without notice, amend the terms and conditions governing access to the Brandedpens.Capetown website as well as trade using the website so kindly check from time to time. If you do not agree with any amended terms you shall immediately give notice to Brand Innovation. Your continued use of the site signifies your acceptance of any changed terms.