Terms & Conditions
TERMS AND CONDITIONS FOR SERVICES RENDERED BY DIGITAL- SPALSH
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE AND/OR SERVICES. YOUR CONTINUED USE OF THIS WEBSITE AND/OR SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE AND/OR SERVICES IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO BOTH MEMBERS AND GUESTS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.
A. DEFINITIONS AND TERMINOLOGY:
A1. The Company is Digital Splash, a company duly incorporated and registered in terms of the Laws of the Republic of South Africa, with registration number: 2013/175775/07.
A2. Client/ Client’s/ Clients will mean the person and or entity contracting with Digital Splash and accepting a quote for specific works to be done.
A3. The following terminology applies to these Terms:
A3.1 “Material Designs” refers to the graphic designs, as uploaded by a User, which are intended to be printed by the Company in accordance with the Services.
A3.2 "Party" or "Parties" refers to a User and/or the Company, as the context requires.
A3.3 “Services” shall refer to the printing of offline marketing materials.
A3.4 Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
A3.5 All communication must be in writing and sent to [email protected]
A3.6 Digital Splash will be called DS further.
1. INTRODUCTION:
1.1 Any work done by Digital Splash, on behalf of a client, will only be done in accordance to an official quote provided by Digital Splash and accepted with an e-mailed proof of purchase or a minimum of 70% (seventy percent) deposit paid by the Client.
1.2 The quote provided to the Client will be subject to the Terms and Conditions (hereinafter referred to as “the T’s & C’s”) as contained herein.
1.3 In writing means on email and not on SMS or WhatsApp or any other social platform. It will not be Digital Splash’s responsibility to follow up on any order, any problems that may arise must be emailed to [email protected] No other email address will be acceptable.
1.4 This site www.digital-splash.co.za, is made available, and owned by, Digital Splash Group PTY LTD (bearing registration 2013/175775/07) (hereinafter referred to as "Digital Splash", “the Company” “Digital Splash Website” “www.digital-splash.co.za”, "we", “our" or "us" or). Any reference to "Digital Splash", "we", "our", or "us", shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
1.5 These terms, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the "Terms") apply to any person who uses the Services, accesses, refers to, views and/or downloads any information or material made available on Digital Splash for whatever purpose (hereinafter referred to as “User”, "Users", "you" or "your").
1.6 Accessing and/or use of the Website and/or services after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity and for and on behalf of any entity for whom you use the Company. Further, you represent and warrant that you have the authority to do so and that you are a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).
1.7 To the extent permitted by applicable law, we may modify the Terms with prospective effect without prior notice to you, and any revisions to the Terms will take effect when posted on the Website, as indicated above, unless a later date is otherwise stated in the revised Terms. Your continued use of the Website and/or the Services will be construed as your consent to the amended or updated Terms and will be conditional upon the Terms in force at the time of your use. Your only remedy, should you not agree to these Terms, is to stop your use of this Website and/or services.
2. AUTHORITY TO SIGN AND COMMUNICATE:
2.1 In the event that a quotation being accepted via email, the sender acknowledges that they have the authority to accept the quotation on behalf of the Client and binds the Client and all members and/ or shareholders and/ or all persons responsible for the management of the Client.
2.2 On accepting a quotation, it is agreed that the Client has read and accepted the terms and conditions attached to the quotation.
3. QUOTE ACCEPTANCE, PAYMENT & VALIDITY:
3.1 Quotations provided by DS personnel are valid for acceptance by the Client for a period of 7 (seven) calendar days from the date reflected on the quote.
3.2 Please note that once the Client accepts a quote they automatically agree to the T’s & C’s, with the provision that DS and the Client may agree to other and/ or additional T’s & C’s in writing.
3.3 A minimum of 70% (seventy percent) deposit is payable upon acceptance of the quote.
3.4 The balance of the amount that the Client is invoiced for becomes payable before delivery and/or installation and/or collection and/or collection of the works, or on collection thereof by the Client from DS.
3.5 The quotation shall be deemed and accepted as the Client's written instruction, once accepted by the Client.
3.6 Client is accordingly advised to exercise due care and attention when agreeing to the quote provided by DS, before any work commences.
3.7 The term quotation shall include any estimates for the purposes of the T’s & C's.
3.8 Signage/lightboxes: Quotes do not include the costs of primary wiring; a separate quote will be provided for primary wiring on request by the Client.
3.9 All quotation prices provided by DS are based on stock availability. When and if stock that client choses is not available, DS reserves the right to replace it with the same quality and price bracket of item that was chosen without informing client.
3.10 Discounts are offered on larger quantities and should be agreed upon and confirmed in writing before the work commences.
3.11 All prices exclude VAT, and a wastage charge may be applicable on smaller quantities.
3.12 Claims in respect of faulty goods/short delivery shall not be grounds for withholding payments of account and shall not give the client any right to set off the claim amount against payments due to DS.
4. COST VARIATION:
4.1 Quotations are based on the costs prevailing at the time of quoting.
4.2 The quoted price shall always be subject to amendment in recognition of the movements in these costs after the quotation date, most importantly so in that a supplier can, without the consent of and without notice to DS change its and/ or their pricing.
4.3 Should the pricing of stock change, on delivery by suppliers, the Client will be notified and requested to pay any shortfall upfront, before work commences.
4.4 Due to the volatility of our currency, DS reserves the right to change prices without prior notice.
5. ALTERATIONS:
5.1 Quotations are based on written specifications supplied by the Client at the time of quoting and any deviation from these specifications my result in additional charges.
5.2 It is of utmost importance that the Client makes a final decision at the time of accepting a quote. It is the responsibility of the Client and DS takes no responsibility for any resulting additional costs due to the acceptance quote not having been to the satisfaction of the Client.
6. CLIENT'S CORRECTIONS:
6.1 Any Client corrections on and after the final proof being accepted by a Client, shall by implication be responsible for additional administration and alteration fees.
6.2 The additional costs for administration and alterations will be for the Client’s account unless otherwise arranged with DS in writing.
7. RATES PER HOUR:
7.1 The Labour rates are set out in the Client's quotation and specifically excludes any other costs, ie: materials etc.
8. SPECULATIVE WORK:
8.1 Sketches, prototypes and designs submitted by DS to a Client on a speculative basis shall remain DS's property and no use shall be made, nor any idea obtained there from be used, without the consent of DS in writing or after full payment to release the design, has been made.
8.2 Should the Client use sketches, prototypes and/ or designs received from DS and implement same with another Company, which is in competition to DS, the Client will be liable for any loss of profit suffered by DS.
9. TYPE AND OTHER INTERMEDIARY MATERIAL:
9.1 Unless otherwise agreed in writing, typesetting, artwork, colour specifications, and/ or other intermediary material specifications required for the completion of a Client's order, shall be an additional charge.
10. PROOFED WORKS:
10.1 All work must be proofed and approved via the artwork approval link by the Client before printing or manufacturing begins.
10.2 If the Client is unavailable or artwork remains unapproved, the Client accepts the risk and the change of due date in accordance with our lead times set out, in the case of any disputes that may arise.
10.3 If artwork has been approved by the Client, DS will not be held liable for any discrepancies on the final product.
10.4 The risk includes, but is not limited to, all content, sizing, colours, copy, finishing and due date.
10.5 Approvals must be checked by the Client for spelling, grammar, dimensions, colours, layout, and design errors to ensure the outcome is in order.
10.6 Only 3 (three) artwork changes may be made, thereafter an additional fee will be charged per change.
10.7 If requested, an online proof will be available for your review after we have received your files for print. Jobs with proof requests will not be sent to press without your approval unless the proof approval is explicitly waived. It is your responsibility to log in to your account and check on your proof. We are not liable for delays in the order caused by your non-approval of the proof. An online proof is not an accurate colour reproduction of the final printed piece. It is the final opportunity for you to check the layout, bleeds, crops and final text. Electronic proofs do not show transparency and overprint issues. Nor do they show colour change from RGB to CMYK. The proof must be treated as independent from the original submitted file and thoroughly reviewed prior to approval. It should be checked against the original file for possible errors in layout, copy, spacing, punctuation or image placement. You are fully responsible for all that is contained in the final approved proof.
10.8 Delivered plotter proofs show reasonable likeness to the final printed pieces. Such proofs are recommended for colour-critical art and must be requested by you when the print order is made. Delivered plotter proofs are printed on a substrate different from the actual paper stock and the plotter machine is not used for while its main purpose is to show colour, variations may occur depending on the finish selected for the final print job. The request for a delivered plotter proof involves an additional fee and would extend the amount of time needed to complete the job. For orders where a delivered plotter proof has been requested, the approval must be received by us on or before our published cut-off times. We will make every effort to match colours in production when a hard copy proof is requested. However, it is your responsibility to determine if they need a hard copy proof with their print order.
10.9 Printing or samples provided by another supplier does not guarantee the exact match of colours, sizes, branding methods etc, however, DS shall always endeavour to provide the Client with a commercially acceptable interpretation of the proof.
10.10 Proofs or samples will be printed on request at an additional cost. The Consumer Customer acknowledges and agrees that, due to the inherent nature of the printing process, the Company cannot guarantee that: the Consumer Customer’s Goods Specification Data and the finished Goods will be an exact match in colour; and where the Goods 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. There will be minor deviation in colour between (including but not limited to): colour proofs and finished Goods; Two or more Orders, current and previous Orders; the single sheets of one Order; or there won’t be minor deviations in cutting or folding from folded/unfolded finished formats up to:
five (5) mm for all brochures and books.
five (5) per cent for advertising products; or
FIVE (5) mm for all other products.
This guarantee is in addition to, and does not affect, the Consumer Customers legal rights in relation to Goods that are faulty or not as described.
10.11 We will reproduce colour from submitted print-ready files as closely as possible but cannot exactly match colour and density (as viewed in a 5000K light booth). Because of inherent limitations with the printing process, as well as neighbouring image ink requirements, the accuracy of colour reproduction is not guaranteed. By placing an order with us, you agree to this limitation. We will try our best to match the gradient density of each colour, but we accept no responsibility for colour variations between submitted files and the final printed piece.
Under no circumstances will a reprint be honoured for colour variations that have occurred due to artwork not being converted to CMYK.
10.12 Please note that because our letterhead and paper stock is "uncoated", we do not recommend using colours with high colour density. By this we mean dark colours (black, purple, blue, brown, etc). Dark colours tend to get soaked into the paper if their colour values are too high. For best results, use light colours. Letterheads, desk pads and Notepads – Dark Colours Not Recommended
11. VERBAL INSTRUCTIONS:
11.1 DS will not be liable for errors or omissions arising from an oversight or a misinterpretation of a client’s verbal instructions.
11.2 DS requires and emphasises that the Client must provide their instructions or amendments of quotes, artworks, sizes, etc in writing on email to the address provided.
12. EXPRESS/RUSH ORDER:
DS takes no responsibility at all for any express/ rush orders. We cannot guarantee delivery date and cannot guarantee that order will be done 100% correct due to limited time. When order is an express/rush order, no sample or proof will be done due to limited time. The entire order from artwork/stock/print/delivery will be at the client’s own risk.
13. STOCK PROVIDED BY THE CLIENT:
13.1 All material and stock supplied by the Client to produce work will be charged a handling and storage fee by DS.
13.2 Please make sure that the quantity delivered is well marked and checked by the Client. This is not DS responsibility and an extra fee may be charged if we need to count and check sizing of stock delivered by client.
13.3 DS will not be held liable for items not checked and/ or the quantity confirmed.
13.4 A fee of R2.50 (two rand and fifty cents) per product will be charged if DS must repack any stock on behalf of the Client.
13.5 All property supplied to DS by or on behalf of the Client shall be held at the Client's own risk. The Client is responsible to insure items in the event of a theft/loss. This includes samples and/or and paper work.
13.6 DS does not take any responsibility if incorrect stock (colour, size et cetera) is delivered.
13.7 DS will not replace or refund stock if lost/stolen/damaged/incorrectly branded. This is at the client’s own risk.
14. SUSPENSION/CANCELLATION OF WORK BY CLIENT:
14.1 The suspension of any work on the Client's instructions for a period of 7 (seven) calendar days or more shall entitle DS to payment in full for all work in progress at the time of the suspension.
14.2 DS reserves the right to revise the quotation for the uncompleted portion of the order, before proceeding after the suspension has lapsed. Any changes made after the suspension of the work will be for the costs of the Client.
14.3 An order may not be cancelled once it is “Prepress approved” or "In Production". Orders placed, paid for and then cancelled on the same day may be cancelled and booked as store credit to be applied to future orders. Orders placed without artwork will have a 7-day window period during which artwork may be submitted. After 7 days, orders without artwork will be cancelled automatically for store credit towards future orders.
14.4 Cancellation fee of R250.00 will be charged when an order is cancelled after setup has been done.
14.5 Written and online orders constitute a binding contract and are legally enforceable.
14.6 Once an order has been emailed or placed online, cancellations prior to collection will be subject to a 15% handling and admin fee for stock used/quoted.
14.7 Any orders not paid for within 10 working days (dependent on order value) of being placed, will be deemed “cancelled”. A 20% handling fee will be charged.
14.8 If layouts are created prior to cancelling an order, a fee of R250 excl VAT will apply per layout, whether we were able to meet your deadline or not. We recommend checking stock availability and estimated lead-times prior to proceeding with any order.
14.9 Collected orders may not be returned for credit, unless approved in writing by management within 48 hours of collection, subject to a 20% handling and admin fee. Please do not return orders without prior written consent from Management. Orders returned without accompanying written consent and corresponding invoice will not be accepted by our returns department.
14.10 Once stock of an item that is on special or “reduced to clear” has been collected, no returns will be accepted unless said stock is faulty.
14.11 Cancellation fees must be paid before further orders will be processed.
15. TIMING, OUTSIDE INFLUENCE AND DELIVERY:
15.1 Client acknowledges that DS will not be responsible for any damages that may result in the late delivery of any order and that the time frame mentioned above is only an approximation, serving as a guideline.
15.2 The Client is expected to plan ahead and allow enough time for order completion prior to accepting the quotation.
15.3 DS will do its utmost to ensure prompt delivery on the approximated time frame provided but does not warrant delivery or collection and will not be held responsible for any damages of whatever nature, or loss of profit, or any consequential or indirect damages which the Client may suffer as a result of such late delivery or collection.
15.4 DS shall further not be responsible for any delay, default or damages occurred by industrial disputes, accidents, acts of God, Load shedding, equipment failure or mischievous / malicious damage or other causes beyond DS's control.
15.5 We deliver by the latest date specified after an order was processed and delivery will take place any time between 8am to 5pm, however, when a package is not delivered due to an error made by the customer in submitting the proper shipping address, we will reship the package with corrected address and the dates communicated prior will not apply. Delivery dates are subject to change if there are any errors with the artwork provided or an order is put on hold. We will not be liable for delays in shipments due to weather conditions, shipping company delays, international customs issues, or any other circumstances beyond our direct control. DS does not take any liability on any item in transit via customer/DS/Courier. This is done at own risk. Any item damaged in transit will not be fixed or replaced by DS.
15.6 Once products have been branded; they might not be repacked into their individual packaging. Unless specified and charged for in writing.
15.7 If products come supplied in individual packaging from suppliers and you require them to be repacked, please make arrangements with your account manager on placing your order.
15.8 Please do not send your couriers to collect, until you have received a ready for collection notification from DS. Please ensure that your courier knows who they are collecting for and how many orders they are collecting. All relevant sales order / invoice numbers must appear on the collection form. If you are a COD client, stock will not be released to couriers until payment is received.
15.9 Deliveries can be booked to destinations within South Africa only. Collection is from our office.
15.10 Orders will only be dispatched for delivery once all invoices booked on the same delivery are ready for collection. If there are branded orders on the invoices booked for the same, all job cards on the invoices must be ready for collection before the order is dispatched for delivery. Lead times for branded orders must be checked.
15.11 COD clients: branded orders that include delivery on the invoice will only proceed once the invoice is paid in full (including the delivery cost) and all job cards are approved.
15.12 In cases where the delivery invoice is separate to the invoice/s being delivered, delivery will only take place once the delivery invoice is paid in full and the order/s being delivered are ready for collection and paid for. Payment for a delivery only invoice post orders being ready for collection may affect the delivery lead-time.
15.13 DS will not be held responsible should the delivery times not be met, whether through the fault of DS or the delivery service.
15.14 Deliveries must be booked by 1pm in order to leave DS on the same day. Orders booked after 1pm will leave with the next day’s consignments.
15.15 Day 1 of the delivery lead-time is the day after the goods have left DS.
15.16 Delivery lead-times are dependent on consignment weight, service selected and destination.
15.17 As power banks contain lithium batteries, they cannot be overnighted to areas where the overnight service requires airfreight.
Branding lead-times exclude delivery lead-times. Delivery cannot be cancelled once the order/s are on a collection shelf.
Please do not attempt collection of an order until you have received the email notification stating that your order is ready for collection.
16. OWNERSHIP AND LIEN:
16.1 Ownership of the goods and/ or products delivered by DS shall remain vested in DS until the Client has paid the full outstanding balance as per quotation.
16.2 No latitude or extension of time given to the Client shall in any way vitiate DS's rights.
16.3 Should the Client default in full or in part, DS shall, without prejudice to any other rights it may have, and without notice, be entitled, on demand, to obtain return of goods in so far as payment for the goods have not been made in full, from whoever’s possession it may be.
16.4 The Client herewith consents to a Court Order against it for the attachment and removal of such goods by the Sheriff of the Court holding jurisdiction over the Client.
16.5 Any outstanding payment will have a compounded interest rate of 24% (twenty four percent) annually with a monthly admin fee of R350. The account holder and business will be placed on ITC.
17. LIABILITY:
17.1 The Client is encouraged to not only provide all files print ready format and to proof all artwork very carefully, but also to have same professionally proofread should it be required.
17.2 DS will not be held responsible for any copy or design errors, or defects committed by the Client or/and by DS, or any outcome which the Client approved before the start of production.
17.3 No refund or reprint will be made by DS to the Client for an error in files submitted by the Client or a failure to properly proof the relevant artwork.
17.4 DS will not be held responsible for any loss or damage sustained by the Client as a result of the use of materials, created or supplied by itself or DS or that supplied by a third party or any errors in proofing.
17.5 The Client indemnifies and holds DS free from any liability in respect of any loss, damage or costs suffered by or arising from:
17.5.1 Any circumstance or situation beyond the control of the Company.
17.5.2 Any infringement of the client’s rights of privacy and/ or any other like rights arising from the services provided in terms of the agreement.
17.5.3 Any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access, however obtained, by a third party to the Client’s information and/ or content.
17.6 DS is not responsible for garment manufacturer defects such as garment colour inconsistencies, mislabelled sizes, loose stitching, holes, imperfect garment, or other garment defects.
17.7 It is the responsibility of the buyer to ensure all garments are acceptable (being style, size or colour) prior to branding.
18. COPYRIGHT, TRADEMARKS & ILLEGAL MATTERS:
18.1 DS accepts no responsibility of whatever nature for the production of any goods per agreed quotation, where it becomes clear that the Client wilfully or negligently infringed any existing copyright, trademark or intellectual property of a third party.
18.2 DS accepts and quotes on all projects in good faith and does not investigate the artwork and or any goods to be printed and/ or created per the quotation.
18.3 The Client indemnifies DS in respect of any claims, costs, expenses, and other associated damages arising out of any illegal or libellous matter, infringement of copyright, patent or design supplied by the Client.
18.4 The Client agrees to indemnify, hold harmless and defend at her/his/its own expense DS from and against any and all Claims for infringement of copyright, patents, trademarks, industrial designs or other intellectual property rights issued under the laws of any country where:
18.4.1 the copyright, patents, trademarks, industrial designs, or other intellectual property were provided by Client; or
18.4.2 Client represented, expressly or impliedly, that the copyright, patents, trademarks, industrial designs, or other intellectual property were Client’s intellectual property; or
18.4.3 The Client had asked us to download or otherwise copy or access or use the copyright, patents, trademarks, industrial designs, or other intellectual property.
18.5 The Client further agrees not to provide DS with any item nor ask DS to download/ access/ copy/ use any item, including but not limited to images, software, computer code and written material, unless the Client has the legal right to use those items for the purpose our work relates to.
18.6.1 DS and the contents of the Website and/or services are the property of DS, apart from the Material Designs, which remain the property of the Users who upload such designs, are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on DS and/or the Services, apart from the Material Designs, is our exclusive property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.
18.6.2 Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the prior written permission of the Company or the copyright owner, and further, should such consent be provided, the Company reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.
18.6.3 You are expressly prohibited to “mirror” any content, contained on DS, on any other server unless with the prior written permission of the Company, and further, should such consent be provided, the Company reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.
18.6.4 We do not permit copyright infringing activities and infringement of intellectual property rights on the Company, and we may, at our sole discretion, remove any infringing content if we are of the view that such content infringes on another's intellectual property rights or our own.
18.6.5 You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Company, so long as the link does not portray DS, its affiliates, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use DS’s logo or other proprietary graphic or trademark as part of the link without the express permission of the Company, its affiliates or content suppliers.
18.6.6 All trademarks and copyrights, as also any other intellectual property rights, in and to any of the content of the Website and/or services are the exclusive property of DS.
19. FAULT REPAIR ON SIGNAGE AND LIGHTBOXES:
19.1 All signs come with a limited guarantee of 30 (thirty) days after a DS signoff, provided that the fault can be directly attributed to DS and provided that DS is made aware of the fault within 2 (two) days after the Client becomes aware of the fault within the said 30 (thirty) days to limit damages and ensure prompt repair.
19.2 Faults found after the said 30 (thirty) day period will not be repaired under this guarantee but at an additional hourly cost, excluding materials etc.
19.3 DS does an inspection on completion of the job, if the Client does not report any faults as aforesaid, DS takes the liberty to sign off on the job. It remains the Clients responsibility to report faults.
20. ARTWORK/DESIGN WORK/SETUP:
20.1 All artwork supplied must be print ready when designed artwork are sent to DS.
20.2 A setup fee for non-print ready artwork will be charged if this is not adhered to.
20.3 After artwork has been received via email, and checked for print integrity, the Client may be informed that the artwork is not print ready and charged accordingly.
20.4 Artwork formats accepted are: PDF, CDR, EPS, AI, PNG.
20.5 No Word, Excel, PowerPoint, Jpeg, Bitmap etc. will be accepted.
20.6 DS will not be held liable in any way for any discrepancies in the final product due to the incorrect or inadequate artwork supplied by the Client.
20.7 CMYK colours or a corporate identity are to be provided when corporate colours are to be adhered to.
20.8 All printed colours may have a variance of about 10% (ten percent). If artwork is not supplied in the correct formats, additional charges will be added to the invoice for getting the artwork in print ready format – Spot colours, CMYK, Cutlines etc.
20.9 Setup costs are mandatory to all orders placed with DS.
20.10 Setup cost covers include: Checking of colours to make sure the colours are in print format (CMYK | Pantone | Spot Colours | Cut Lines), Approvals, Setup of the printers, sending print files to printer folders and handling and setting up the prints. A new set-up fee will apply after 6months have lapsed. DS holds records of approvals for 6 months only.
20.11 Our automatic preflight department checks all submitted artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to us. We are not responsible for any issues as to orientation or alignment of the pages of your submitted artwork. By submitting the artwork to us, you certify that you have the right to use the image(s) in your artwork files. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork if the font was not converted to curves and images were not embedded.
20.11 Under these T&C’s, you agree that you will NOT upload any artwork files consisting of the following material: offensive, indecent or improper material, nudity, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We will refuse an order based on foregoing reasons or for any other reason which in our opinion, may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.
20.12 We may, based on our sole discretion, set limits to the maximum number of days that we shall retain designs or other uploaded files, as well as the maximum storage space that we would allocate to such files. We are not responsible for the deletion or failure to store any file whether uploaded or designed on our website and/or services. We reserve the right to delete any file stored which has been inactive for an extended period of time, or for any other reason, without prior notice.
20.13 Branding will only commence the day after artwork is approved and full payment has been received.
20.14 Delivery lead-times are in effect, the day after artwork approval and full payment has been received.
20.15 Amendments made to layouts will result in a delay to delivery date. Should you require changes, we will issue a new layout for final proofing before production commences.
20.16 Our website is available 24/7 and is the fastest and most convenient way to check stock availability, prices, branding, product information as well as place your orders, upload your artwork, track your orders, view lead-times, and approve job cards.
20.17 All fonts must be converted to curves to avoid font substitutions.
20.18 Please include font and size if typesetting is requested.
20.19 Artwork for multi-colour imprints should be sent as a colour separated file (exceptions: digital printing).
20.20 DS cannot take responsibility for non-delivery of orders if layout approval is not received.
20.21 Branding will only commence once full payment for stock and branding has been received (where a client is not on payment terms) and artwork has been approved.
20.22 Reminders will be sent out daily if we require either approval or payment from you before commencing with a job. If you have paid for and approved the order and are still receiving these reminders, please contact your Account Manager directly to ensure that we have received all the relevant information.
20.21 Delivery dates are quoted from the day after artwork approval and receipt of payment and stock received - whichever is later.
20.22 Artwork received in an incorrect format will attract a redrawing fee of R200 excl VAT. This will accommodate three changes, thereafter additional changes will be charged for at R100.00 ex VAT, per change.
20.23 DO NOT FLIP OR MIRROR IMAGE YOUR ARTWORK
Send your artwork at 300 – 900 dpi
Send your artwork at the exact size you want it printed. Please indicate the final image dimensions in writing. *We cannot resize your image
Save your artwork as a CMYK file. If you send an RGB file, it will be converted to CMYK.
Remove the background. If you do not want the background around your image to be printed, remove it, otherwise it will be printed.
20.24 We are not responsible for colours. You must check your colours — we do not check colours for you. Most monitors show images in RGB, be sure your file is saved as CMYK. Please check your pantone colours as what you see on the screen is not necessarily what will print, as colours will be converted to CMYK.
20.25 Words less than 3mm will not come out well and will most likely not transfer onto the garment. Fine, tiny details will not adhere to the transfer. Be sure to add a stroke and make any fine details thicker for best results. We are not responsible for artwork that falls below the minimum requirements.
20.26 Transparency, see through effects and drop shadows do not work for DTF. Please take off any shadow or gradient effects as it will not print as you see on the screen.
20.27 Artwork needs to be created in 300 DPI for best print quality. Images with lower quality will not print well and may appear pixelated.
The printing process needs a high-quality image to have a clean and neat image. Check your edge quality and watch out for pixeled edges in your images and designs.
20.28 Any artwork created by DS stays the property of DS until paid in full, all work done on behalf of a client, inclusive of the copyright which may exist in the work done on behalf of the Client shall remain the exclusive property of DS and shall remain on DS’s information network until all amounts have been paid as per the quote and/ or incidental charges.
20.29 Changes to artwork will be charged for, after 3 (three) changes has been depleted. Such charges will be specified in the quotation that will be sent to Client.
20.30 No raw design files will be sent to Clients, unless prior arrangements have been made in writing and with the consent of DS.
20.31 DS will not be held liable for file formats sent where the user cannot open or use the files to indicate or outdated software.
20.32 DS will do its best to accommodate file formats for older versions of specific software used to open artwork files.
20.33 Any artwork created by DS will under no circumstances be reproduced or changed in any way without the consent of DS in writing which will be signed and dated.
20.34 Artwork approved is a signed contract between DS and the Client, from that point on-negotiable and can only be amended in writing under signature of both parties.
20.35 Once works are completed and all amounts due and payable to DS have been paid by the Client, the Client may request that all digital works of the specific commissioned works be removed from DS’s information network. But only on request.
21. STOCK / VEHICLES DELIVERED TO DS:
21.1 DS will not be held liable for any loss or damage in any way due to whatsoever reason, with stock that is on the premises. It remains the responsibility of the Client to ensure that stock and/ or vehicles are insured by Client at all relevant times.
21.2 DS takes the necessary precautions for stock to be safe and controlled on its premises. DS will not be held liable for any loss or damage to any vehicle on the premises whilst application work is carried out on the vehicle. DS takes the necessary precautions for vehicles that are on the premises to be safe. All stock remains the Clients responsibility.
22. DISPLAY TERMS AND CONDITIONS:
22.1 Where skins are available for sale as stand-alone items, DS is able to refit skins onto DS-purchased. Should a client request that
22.2 DS refit skins, the return of hardware to DS will be for the client’s account. Once complete, DS will send the items to the address of client’s choice, at an extra charge, within South Africa. Alternatively, the items can remain at DS for client collection.
22.3 Refitting of skins by DS is subject to inspection of the relevant hardware. If the existing hardware is faulty or damaged, DS will not be able to refit skins.
22.4 If the client is reskinning hardware themselves, it is the client’s responsibility to ensure that the hardware is not faulty or damaged. DS cannot be held liable for skins purchased that cannot be fitted properly due to faulty or damaged hardware.
22.5 It is the client’s responsibility to ensure they order the correct skin for the correct display unit.
22.6 Reskinning is specifically tailored to fit to DS display hardware. DS cannot be held responsible for any skins purchased to fit third party hardware.
22.7 All artwork must be created in CMYK. Please note failing this will result in no colour matching taking place.
22.8 Due to the limited colour gamut of various digital CMYK print methods not all Pantone colours can be achieved. We endeavour to match as close as possible and colour variation will take place on different materials, e.g. PVC versus fabric.
22.9 Fluorescent and metallic Pantones cannot be matched. Only a tonal representation thereof can be achieved.
22.10 Digital Dye Sublimation is not designed for constant, long-term exposure to sunlight.
22.11 Overexposure to sunlight will reduce the longevity of the print.
22.12 We encourage you to take care of the Display fabric and remove it from direct sunlight at all opportunities.
22.13 Display fabrics purchased from DS does not have a print fade warranty.
22.14 Display hardware supplied by DS, does not come with a mechanical repair warranty, unless clients requests this and DS will then communicate with supplier for more details.
22.15 The warranty excludes display hardware that has been mishandled, abused or not used for its intended purpose.
22.16 Display hardware that is under warranty and requires repair must be returned to DS at the client’s own expense. All broken or damaged parts must be included.
23. STOCK SUPPLIED BY DS:
23.1 Once stock has been collected from / delivered by DS or courier, we have no control over it.
23.2 As such we do not accept responsibility for any damages or shortages not reported within 48 hours.
23.3 Whilst every effort has been made to fulfil all orders correctly, should you choose to brand your order with another company, we encourage you to check all items received BEFORE they are branded. DS cannot accept returns on incorrect items which have been branded regardless of whether it’s DS’s fault or not.
23.4 Returns on memory sticks, food items and personal care / pamper products will not be accepted.
23.5 Once products have been branded; they might not be repacked into their individual packaging.
23.6 If products come supplied in individual packaging from suppliers and you require them to be repacked, please make arrangements with your account manager on placing your order.
23.7 It is imperative that CLIENTS check their invoices are correct and accurate before making payment as we are not able to assist on a same day basis with the following:
NO EXCHANGES
NO SWAPS
NO CASH REFUNDS
(A credit will be allocated to your account)
23.8 The ETA (estimated time of arrival) dates indicated for stock are updated regularly but due to unforeseen supplier, shipping or customs delays, these dates cannot be guaranteed.
23.9 Colours of actual products may vary slightly from the colours shown in the catalogues and on the website. Please request a sample for accurate colour-checking purposes.
23.10 Product images may vary slightly from actual products due to inherent limitations in photography, film separation and printing.
23.11 We have endeavoured to ensure that the details in the catalogues and on the website are accurate, however due to the volume of information, mistakes might have crept in. Should you have questions or uncertainties regarding information or products please liaise with your account manager or view a sample for confirmation prior to placing your order. We cannot be held liable for any mistakes made or costs incurred based on incorrect information displayed in the catalogues or on the website.
23.12 The artwork designs and trademarks imprinted on the products displayed are reproduced only as examples of the type of quality of branded products available. They are not intended to represent that the products are either endorsed by or produced for the owners of the artwork, design, or trademark.
23.13 We urge our clients to ensure they are aware and accepting of any shade variance that might occur in an order.
23.14 We have made every effort to ensure that the information on our Products displayed at our facility, in our promotional material, on our website, or any other form of communication to you, is accurate.
23.15 While we use our best endeavours to ensure that the image representing the Product, the features, descriptions, and specifications pertaining to the product are correct, the actual product may be subject to variations in appearance as the packaging may differ over time, or colour representation in marketing.
material may depend on the medium on which the image is displayed.
23.16 No guarantee is given as to the suitability or quality of goods sold for any particular purpose and the Seller is here by absolved of any liability of whatsoever nature for any damages of whatsoever nature arising out of its direct failure or negligence in terms of this agreement or for any indirect damages to the Buyer.
24. CONFIDENTIALITY:
24.1 The parties acknowledge that in connection with these terms and conditions, either party may receive certain confidential or proprietary technical and business information and materials from the other party, including all artwork, concepts, sketches, visual presentations or other preliminary designs and documents.
24.2 Both parties, their agents and employees shall hold and maintain in strict confidence all confidential confirmation and shall not disclose this information to any third party, nor shall they use any confidential information except as may be necessary to perform obligations in terms of the agreement, except as may be required by a court or other such competent authority.
24.3 Notwithstanding a foregoing, confidential information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or as otherwise property received from a third party without an obligation of confidentiality.
25. PROTECTION OF PERSONAL INFORMATION ACT, NO. 4 OF 2013 (HEREINAFTER REFERRED TO AS “POPIA”):
25.1 DS is committed to protecting your privacy and to ensure that the Client’s personal information is collected and used properly, lawfully, and transparently.
25.2 DS collect and process Client personal information mainly to contact a client for the purposes of understanding individual Client requirements and delivering services accordingly. For this purpose, DS will collect contact details including a client’s name and organisation details.
25.3 DS will collect information directly from a client where the Client provides DS with personal details. Where possible, DS will inform the Client what information it is required to provide and what information is optional.
25.4 DS will use personal information from a client only for the purposes for which it was collected and agreed with the Client. In addition, where necessary Client information may be retained for legal or research purposes. For example:
25.4.1 To gather contact information.
25.4.2 To confirm and verify identity or to verify an authorised representative of a legal entity, where necessary.
25.4.3 For the detection and prevention of fraud, crime, money laundering or other malpractice.
25.4.4 To conduct market or customer satisfaction research or for statistical analysis.
25.4.5 For audit and record keeping purposes; and/ or
25.4.6 In connection with legal proceedings.
25.5 Information security:
25.5.1 DS is legally obliged to provide adequate protection for the personal information it holds and to stop unauthorized access and use of personal information. DS will, on an ongoing basis, continue to review its security controls and related processes to ensure that Clients personal information remains secure.
25.5.3 When DS contracts with third parties, DS will impose appropriate security, privacy, and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure.
25.5.4 DS will ensure that any person and or entity it shares personal information of a client with, agrees to treat Client information with the same level of protection as DS is obliged to.
25.6 Every Client has the right to access the information held by DS of the Client and can request copies of same on reasonable notice by simply contacting DS at the contact details provided on its website and/or services.
25.7 Every Client will have to provide proof of identity before being provided with such information and the information will be provided at a legally allowed fee.
25.8 By contracting with DS and providing it with personal information, the Client acknowledges that the production, use and processing of the Client’s personal information is done with the explicit permission of the Client.
26. GOVERNING LAW:
This agreement, which is deemed to constitute one upon acceptance of the quote, and the relationship between the Client and DS shall be governed by the Laws of South Africa.
27. DEFAULT:
27.1 Upon the Client defaulting in payment of any amount allowed for in terms of the T&C’s and agreement, the total amount outstanding (as quoted) and incidental costs allowed for as agreed will become due and payable immediately.
27.2 Should DS be forced to instruct Attorneys to take legal action to enforce either payment or litigate regarding any aspect of the T&C’s the Client will be liable for the Attorney costs on an Attorney and Client scale.
27.3 Should the Client default in any aspect of the agreement and or T&C’s the dispute will be referred to Digital’s Splashes Attorneys and the Client hereby warrants that the information, to be used for purposes of legal notices and litigation, should same be required is set out in Form A hereto and is both accurate and correct.
27.4 The Client agrees that legal notices may be sent to the e-mail address as contained in Form A hereto, which would constitute sufficient notice.
27.5 Should a dispute arise regarding any amount due and payable by the Client to DS a certificate issued by an authorised employee and/ or Director of DS setting out the amount will be regarded as sufficient proof of the amount due and payable on the mere production thereof.
27.6 Should Digital be forced to take legal steps to recover monies due to it by the Client, the Client hereby confirms and acknowledges that he/she/it renounces the benefit of certain exceptions (as listed in clause 27.6.2 and 27.6.3 below) against a claim and/ or action instituted by DS against the Client.
27.6.1 The renunciation of the below exceptions will not preclude the Client from raising the defence but put the duty on the Client to prove the exception and facts related thereto.
27.6.2 The Client renounces the exception of Exceptio non causa debiti, the purpose of this is to place the obligation on the Client to prove the absence of any cause of debt.
27.6.3 The Client renounces the exception of Exceptio errore calculi, the purpose of this is to exclude the defence being raised that the amount was incorrectly calculated.
28. ENTIRE AGREEMENT:
28.1 The Client and DS agree that the provisions contained in the T&Cs constitute the entire agreement between the parties.
28.2 No variation of the agreement or waiver of any of the parties’ rights or obligations in terms hereof shall be of any force and/ or effect unless reduced to writing and signed by both parties.
29. SEVERABILITY:
In the event that any provision in this agreement and/ or T&C’s is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by the Company to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.
30. YOUR AGREEMENT TO THESE TERMS:
Subject to, and on the basis of your acceptance of the Terms, the Company grants you a limited, revocable, non-transferable license to access and use the Company in accordance with the various policies and agreements which may govern such use and access.
31. SERVICE FEE:
31.1 The Company charges an amount to Users which is dependent upon the type of Service as well as the printing and/or delivery preferences as selected by the User, which amount shall be inclusive of any applicable Value Added Tax (“VAT”) (the “Service Fee”).
31.2 All Service Fees shall be affected via electronic funds transfer or the payment gateway infrastructure on the Website and/or services, provided via an independent third party payment service provider, currently. Users are encouraged to consult the PayFast Website and/or services located at www.payfast.co.za to familiarise themselves with the security protocols and other policies in place and which may apply to any transaction conducted through PayFast.
31.3 Service Fee payments made from Users located outside of the Republic of South Africa and/or in a currency other than Rand, shall be processed in accordance with PayFast’s policies and procedures, as amended from time to time.
31.4 We reserve the right to change our product's prices at any time without prior notice. If an error is made and a product is listed at an incorrect price, the Company shall maintain the right to refund or cancel orders placed at the incorrect price.
32. USER CONTENT:
32.1 Certain areas of this Website may permit Users to submit Material Designs, feedback, information, data, text, software, images, designs, messages, or other materials (each, a “User Submission”). Users are solely responsible for all User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Should such Material Designs not meet the criteria as may be determined by the Company in its sole and unfettered discretion from time to time, the Company reserves the right to adjust and/or amend the Material Designs so as to conform with its criteria.
32.2 Further, the Company does not guarantee that the subsequent ability to edit or delete any User Submission.
32.3 In submitting any User Submission, Users make the following representations and warranties:
32.3.1 all rights in and to such User Submissions (including, without limitation, all rights to the reproduction and display of such User Submissions) are obtained by such User, or, alternatively, all necessary rights in and to such User Submissions providing the rights in and to such User Submissions as described in these Terms have been obtained;
32.3.2 all necessary licence fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of User Submissions have been paid prior to your submission of same to the Website and/or services.
32.3.3 User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
32.3.4 Users voluntarily agree to waive all “moral rights” that may attach to a User Submission, apart from that of the Material Designs;
32.3.5 User Submissions do not violate any law including, but not limited to, those governing export control, consumer protection, unfair competition, or false advertising;
32.3.6 User Submissions are not, and may not reasonably be considered to be, defamatory, libellous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
32.3.7 Users have not and will not be compensated or granted any consideration by any third party for submitting a User Submission;
32.3.8 User Submissions do not incorporate materials from a third-party Website and/or services, or addresses, email addresses, contact information, or phone numbers (other than a User’s own)
32.3.9 User Submissions do not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
32.3.10 User Submissions do not contain any information that may be considered confidential, proprietary, or personal insofar as it relates to a third party;
32.3.11 User Submissions do not contain or constitute any unsolicited or unauthorised advertising, promotional materials unless exclusively comprised of the Material Designs, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
32.4 By submitting a User Submission, Users grant the Company an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, royalty free license (sub-licensable through multiple tiers) to:
32.4.1 use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
32.4.2 use User Submissions in any manner and for any purpose (including, without limitation, commercial purposes) that the Company, in its sole, absolute, and unfettered discretion, deem appropriate, including, without limitation, the incorporation of a User Submission or any modification thereto, in whole or in part, into any technology, product, or service;
32.4.3 Display advertisements in connection with User Submissions and use User Submissions for advertising and promotional purposes.
32.4.4 The Company may, but is not obligated to, pre-screen User Submissions or monitor any area of the Website and/or services through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this Website and/or services, and may remove at any time or refuse any User Submissions for any reason.
32.4.5 We are not responsible for any loss, theft, or damage of any kind to any User Submissions.
32.4.6 Further, Users agree that the Company may freely disclose any User Submissions to any third party absent of any obligation of confidence on the part of the recipient.
33. REFUND POLICY AND RETURN POLICY:
33.1 Refunds will only be permitted in the sole, unfettered and absolute discretion of the Company, and only in limited circumstances, at the discretion of the Company.
33.2 Refund requests can be initiated by sending an email to [email protected]. Included in such email should be an explanation of why a refund ought to be granted by the Company.
33.3 Any refunds agreed to by the Company shall be in the form of vouchers to the user’s credit redeemable only on the Website.
33.4 Any cash refund requests are subject to adherence of our terms. A refund may take up to 28 business days and a 15% admin fee may be applicable.
33.5 Cash refunds cannot be made once an order is in production or been produced as the Company has already incurred the cost for the order.
33.6 We are unable to offer returns or exchanges as all items are printed as orders come in with your special artwork.
33.7 Returns on memory sticks, food items and personal care / pamper products will not be accepted.
33.8 All samples must be returned in their original condition and packaging to qualify for a refund or credit.
33.9 Damage to any part of sample or packaging will result in the sample not being accepted for a refund or credit.
33.10 The original invoice needs to accompany the returned samples, before a credit note will be issued and a refund effected.
33.11 All refunds will be done via EFT to the relevant Company’s bank account.
33.12 All sample orders must be paid for in full prior to collection or dispatch from our offices.
33.13 Samples must be returned within 5 working days from notice of sample collection.
33.14 No samples will be accepted back after 5 working days, and full amount will be client’s responsibility.
33.15 Handling fee of 20% will be charged on return items.
33.16 We do not accept any items for return if it is branded artwork.
33.17 It may take up to a week to carefully check the stock that is returned and once we are satisfied that stock is fit for resale, we will issue the refund or credit note.
33.18 In the case of stock being sent by courier to regions outside of Johannesburg (i.e., Durban, Cape Town etc), clients have 72 hours from time of collection by courier, to report missing or damaged items. No claims will be entertained thereafter.
33.19 Once an order for memory sticks has been collected from us, we unfortunately cannot accept a return on it.
33.20 We do not accept returns on discontinued and clearance items.
33.21 We do not accept returns or changes to orders for items that need to be assembled or consolidated.
33.22 In terms of public health regulations, identified essential products are prohibited for return or exchange due to strict health controls.
33.23 No returns after 10 working days working period from the date of collection.
33.24 The Seller reserves the right to refuse to accept goods returned for credit.
33.25 The Seller reserves the right to refuse to recognize any complaint from the Buyer in respect of shortages especially where the invoice has not been endorsed with the amount claimed as having been short delivered.
33.26 No goods will be refunded / exchanged unless prior authorization and an authorization number has been obtained from your sales representative.
33.27 All returns are to be communicated in writing to your relevant sale administrator for approval stating:
– the relevant document number/style(s) to be returned/ reason.
– Items must be returned in their original condition & packaging
– Items must be accompanied by their invoice.
– The Buyer must return damaged goods to the Seller for inspection, if the claim is accepted, goods will be replaced.
33.28 Under special circumstances, the seller may agree to accept a return after the 10-working days period, in this case a handling fee of 20% (twenty) percent of the total value of the invoice will be charged. Client must inform us within 48 hours of collection.
34. DISCLAIMER:
34.1 DS MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH ITS WEBSITE, THE SERVICES, ANY OTHER USERS OF THE SITE, INCLUDING BUT NOT LIMITED TO PARTNERS, OR THIRD PARTIES, OR ANY MATERIALS ON THE WEBSITE AND/OR SERVICES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE.
34.2 UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND/OR SERVICES, MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE AND/OR SERVICES IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT THE TIMELINESS, WORKMANSHIP, OR COMPLETION OF ANY PROJECT. WE DO NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER AS A RESULT OF YOU ACCESSING OR USING THIS WEBSITE AND/OR SERVICES.
34.3 Without limiting the generality of the foregoing, the Company makes no warranty that this Website and/or services will meet a user’s requirements, or that this Website and/or services will be uninterrupted, timely, secure, error free or that defects in this Website and/or services will be corrected.
34.4 We make no warranty as to the results that may be obtained from the use of this Website and/or services or as to the accuracy or reliability of any information obtained through this Website and/or services. No advice or information, whether oral or written, obtained by a User through this Website and/or services or from the Company or its third-party service providers shall create any warranty enforceable as against the Company.
34.5 To the maximum extent permissible by applicable laws, the Company denounces any fiduciary responsibilities to any Users of the Website and/or services.
35. UNAUTHORISED USE OF THIS WEBSITE AND/OR SERVICES AND/OR CATALOGUE AND/OR PAPERWORK:
35.1 You are specifically not permitted to use this Website and/or services in any of the following ways (which list should not be deemed to be exhaustive of the Company’s rights in this regard):
35.1.1 For any public or commercial exploitation which includes the use of this Website and/or services on another site or through a networked computer environment;
35.1.2 In a manner that modifies, publicly displays, publicly performs, reproduces, or distributes any of this Website and/or services;
35.1.3 To stalk, harass, or harm another individual;
35.1.4 To impersonate any person or entity or otherwise misrepresent the true state of affairs;
35.1.5 To interfere with or disrupt this Website and/or services or servers or networks connected to this Website and/or services;
35.1.6 To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website and/or services; or
35.1.7 Attempt to gain access to any portion of this Website and/or services, to which you are not ordinarily permitted, or any other accounts, computer systems, or networks connected to this Website and/or services, whether through hacking, password mining, or any other means.
36. ASSIGNMENT:
36.1 You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. DS may assign our rights and/or obligations under these Terms to any other party at our discretion and without any prior notice to you.
37. EXPORT CONTROL LAWS:
37.1 You understand and agree that the software, Services and User data may be subject to import and export control laws and regulations of the Republic of South Africa or the country in which you are situated. You undertake to adhere to all applicable laws and regulations and agree not to, without prior authorisation from the government of the Republic of South Africa or of such other country which is applicable, directly and/or indirectly export, re-export and/or transfer the software and Services to any other country in contravention of such laws and regulations.
38. FORCE MAJEURE:
38.1 Without limiting the foregoing, no Party to these Terms shall be held liable for any failure to perform in terms of these Terms if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster or loadshedding), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, telephone service or internet connectivity, server failure, or technological failure. Neither you, nor DS, are entitled to terminate these Terms in such circumstances. Any Party affected by such event shall forthwith inform the other Party of same and shall use all reasonable endeavours to comply with the Terms.
39. GENERAL:
39.1 To the extent permitted by law, these Terms, and the provision of our Services, shall be governed by and construed in accordance with South African law, and any dispute arising out of these Terms and/or our Services shall be submitted to the competent South African courts having the requisite jurisdiction to hear the matter.
39.2 To the extent necessary and/or possible, you consent to the exclusive jurisdiction of the South Gauteng High Court, or an alternative appropriate South African court seized with appropriate jurisdiction in all disputes arising out of the Terms, this Privacy Policy, our Services, and/or related agreements incorporated by reference.
39.3 Stickers and Roll Labels have not been approved for safety for use on food packaging or for direct contact with food. Do not apply Stickers and Roll Labels to already frozen materials.
39.4 Due to the gang run method that we use, we cannot guarantee that every order will be the exact number of items ordered. We can only guarantee that it will come within plus or minus 10% of the number of items ordered. Although rare, in the event of an under run, we will give you Store Credit for the amount of pieces we were "short" if over 10% of the order quantity.
40. LOADSHEDDING:
DS will not take any liability due to delivery date missed due to loadshedding. This is out of our control; thus, clients must book order in time or make arrangements to avoid disappointment.
41. LEADTIME:
41.1 The ETA (estimated time of arrival) dates indicated for stock are updated regularly but due to unforeseen supplier, shipping or customs delays, these dates cannot be guaranteed.
41.2 Day 1 of branding is the day after receipt of both artwork approval and payment (COD clients).
41.3 Lead times exclude weekends, South-African public holidays and DS's annual shutdown period.
41.4 Lead Time is as follow:
5-7 working days after artwork approval or stock received (whichever is last) normal branding of clothing and items.
24-48 working hours after artwork approval or stock received (whichever is last) for print only-sheets.
10-14 working days after artwork approval or stock received (whichever is last) for exposure and signage-this may take longer due to weather conditions.
10-14 working days after artwork approval or stock received (whichever is last) for vehicle branding (Vehicle must be at our premises for a minimum of 2 working days, unless otherwise specified- this may take longer due to weather conditions.
7-10 working days after artwork approval or stock received (whichever is last) for any custom-made item.
41.5 Please do take note in the event where job is an express or rush job, we can still not guarantee that your order will be done faster than original lead time.
42. WASH CARE INSTRUCTIONS BRANDING:
Turn garments inside out when washing.
Cold water wash and wash on a gentle setting.
Do not tumble dry.
Do not add bleach.
We recommend air dryer and do not dry in direct sunlight to prevent fading.
When ironing your garment make sure it is turned inside out.
None of our objects have any warranty or guarantee for dishwashers.