Sierra Gifts & Goods (SGG)
TERMS & CONDITIONS:
Commencement, Duration & Application
1. The Sierra Gifts & Goods a.k.a SGG terms and conditions shall commence to apply upon signature of the Confirmation of Order by the Client in each instance.
2. The SGG terms and conditions shall apply and endure until the services and/or products and/or orders quoted for and accepted by the Client are rendered and/or delivered to the satisfaction of the Client and in line with the terms and conditions and until full payment of SGG’s invoice(s) have been made by the Client in each instance.
Quotations
1. SGG shall provide the Client with a quotation for services and/or products required by the Client, of which shall be valid for the period as indicated on the quotation or, in the absence of such period being stipulated, for a period of 7 (seven) calendar days.
2. Quotations are subject to the availability of products and/or services and are subject to any increases in price or costs, including currency fluctuations, which may occur before the order is accepted by the Client.
3. Quotations are subject to stock availability at the time of confirmation of the order by the Client, whether by way of paying the deposit or by purchase order.
Product Selection & Orders
1. The Client is to place orders with SGG in writing via e-mail in response to the quotation. SGG will provide the Client with an official Invoice to process payment.
2. SGG will execute the Client’s order/s once the deposit is paid by the Client, written confirmation of the order has been provided to the Client by SGG and the stock availability has been confirmed.
3. A deposit equal to 75% (seventy five per centum) of the quoted amount, or if the quoted price fluctuated in the time between the quotation and the order, 75% (seventy five per centum) of the adjusted amount, or in full is to be paid by the Client. Quotations are subject to stock availability at the time of confirmation of the order.
4. As stock changes occur on a daily basis, stock availability cannot be guaranteed by SGG until at least the deposit has been paid and cleared.
5. SGG is entitled to refuse any order placed by the Client.
6. The Client acknowledges that it is the Client’s sole responsibility to determine and ensure that the products ordered are correct and suitable to its intended purpose. SGG will not be liable, in any manner of form, for incorrect product selection by the Client.
7. Lead times for orders will be deemed to commence on the date and time that SGG received all signed off approvals of the artwork and payment of the funds have cleared in SGG’s bank account.
8. Once an order has been confirmed, cancellations for that order will only be entertained if no branding has taken place and will be subject to a 25% (twenty five per centum) handling and administration fee of the total invoice amount. A further R 350.00 (three hundred and fifty Rand) per artwork layout will be charged if artwork layouts were created.
9. No cancellations of an order will be accepted on any branded items, custom made items or custom designed items and the Client shall be liable for full payment of the order.
10. Orders may be cancelled by SGG in any case of fortuitous events or any other circumstances whatsoever beyond its control.
11. Fully paid orders that remain uncollected or undeliverable for 30 (thirty) calendar days will be repurposed.
Rush Orders
1. SGG provides a rush order service in terms whereof completion of urgent orders can be done within 2 (two) to 5 (five) business days subsequent to approval of the artwork at an additional fee, equal to 10% (ten per centum) of the total value of the order and full payment of the order reflecting in the bank account of SGG.
2. The completion date for the order will be confirmed in writing prior to SGG executing the order.
3. Artwork needs to be supplied by the Client in a print ready format as there is insufficient time to redraw a Clients logo.
4. Rush orders are subject to the Client adhering to the deadline for approving artwork, as stipulated in the artwork approval email.
5. Rush orders are also subject to SGG receiving cleared funds for the full amount when the order is placed.
Artwork For Branded Orders
1. SGG will provide the Client with an artwork layout for approval via e-mail or another electronic format. The artwork will illustrate the appearance of the Client’s logo or other image, as provided to SGG by the Client, on the chosen product. The Client needs to sign off the artwork and no further services will be rendered by SGG until SGG is in receipt of the duly completed signed off artwork approval.
2. The Client is to specifically indicate, in writing, whether permanent branding is required.
3. The delivery date may be affected if changes to the artwork are requested by the Client as the changes require a new layout which will need approval and sign off by the Client again. SGG shall not be responsible or liable for delays in delivery caused by artwork changes. Any changes requested and made subsequent to approval of the artwork and subsequent to plates/screens being made shall incur additional costs for the Client.
4. The Client is to approve the artwork within 7 (seven) calendar days from the final artwork layout being sent to the Client, failing which the stock will be returned to the warehouse and a cancellation fee equal to 25% (twenty-five per centum) of the total value of the order shall be charged. No artwork approvals will be accepted telephonically.
5. The Client is to partake in the process of reviewing and checking the artwork for spelling mistakes and errors relating to e.g. item colours, sizing, image colour and image locations and is to do so before signing off and approving the artwork/order. SGG shall not be responsible or liable for erroneous interpretations of the artwork/order, typographical errors overlooked and later approved by the Client and/or any damages suffered by the Client as a result of the erroneous artwork/order being printed as accepted and approved by the Client.
6. If the Client requests that their artwork requires the designer to spend more time than what is allocated for their design, then an additional design fee of R350.00 (three hundred and fifty Rand) per hour will be incurred by the Client. The Client will be informed of the additional fee and will be given the choice of whether to continue or not.
7. The Client specifically acknowledges that layouts sent in colour via email are not necessarily a true reflection of the colour but a mere indication of what the product will look like due to the variations in computer monitor colouring and resolution. Printing colours will be matched as close as possible to Pantone colours or swatches supplied. SGG cannot guarantee a 100% colour match due to the different materials used in promotional products.
Payment & Release Of Orders
1. A deposit equal to 75% (seventy five per centum) of the quoted amount, or if the quoted price fluctuated in the time between the quotation and the order, 75% (seventy five per centum) of the adjusted amount, is to be paid by the Client. The remaining 25% (twenty five per centum) of the invoice, along with any additional costs, are to be paid upon request, prior to delivery or collection. This outstanding amount is to be paid within 7 (seven) calendar days of such request being made. Interest of prime plus 2% (two per centum) will be incurred on all overdue amounts along with daily storage fees.
2. Rush orders will incur an additional fee, equal to 10% (ten per centum) of the total value of the order. Rush orders, orders for unbranded items and orders for custom designed products require full payment of the order to reflect in the bank account of SGG before SGG shall confirm the order.
3. Subject to the provisions of the Consumer Protection Act, no 68 of 2008, as amended, if applicable, all prices/rates are subject to alteration without notice, and orders will be processed at the price/rate applicable at time of dispatch. All prices/rates quoted by SGG are based on, but not limited to, foreign exchange, freight-/ insurance-/landing charges, dock-/customs-/import duties, rail- and statutory wage rates applicable at the time of negotiations for the purchase of the goods to which the invoice in question relates, and consequently, any variation in such prices/rates will be for the account and be borne by the Client, with notice.
4. SGG accepts payment by way of electronic funds transfer. Cash payments are however acceptable on orders with a value less than R2000.
5. All payments made by the Client to SGG shall be made free of deduction, set-off, bank charges and commissions and shall not be withheld for any reason whatsoever. Any extension of the due date for payment shall be valid only if reduced to writing. Discounts shall be forfeited on overdue amounts.
6. Orders will only be released for collection or dispatched for delivery once payment in full, including interest, if applicable, reflects in SGG’s bank account. A company purchase order may, at the sole discretion of SGG, be accepted. SGG shall not be liable for missed deadlines due to non-payment or late payment by the Client.
7. Goods remain the property of SGG until paid in full. The risk in and to the products shall pass from SGG to the Client upon the date of delivery thereof by SGG to the Client or their agent. Any delivery notes or waybill (be it a copy or an original) signed by the Client, a representative of the Client (e.g. secretary, security) or a third party engaged to transport the products shall be conclusive proof that delivery was made to the Client.
8. Should SGG be required to institute legal proceedings to enforce its rights in terms of the contract with the Client, the Client agrees to be liable for and pay SGG’s collection commission, tracing fees as well as its legal fees on the scale of attorney and own client.
Collection & Delivery
1. Unless alternative arrangements have been made with, and accepted by, SGG, the Client is to collect the order or accept delivery within 14 (fourteen) calendar days from the Client being advised as such. Orders not collected or delivered within 14 (fourteen) calendar days will be charged storage fees or sold to offset SGG’s costs.
2. For orders that do not qualify for free delivery, SGG will quote the Client using an external courier service to effect delivery, and once accepted and paid by the Client, SGG will arrange for goods or orders to be delivered to the Client’s address.
3. Should the Client require freight insurance, the Client is to request same from SGG in writing and SGG is to accept same. The Client will be liable for the payment of such insurance costs before despatch of the goods/order/s by SGG.
4. The delivery address needs to be easily accessible for the carrier and drop off shall be to the front entrance of the address provided, unless otherwise agreed.
5. Delivery times quoted are estimated times only. SGG accepts no responsibility whatsoever for any loss or damages caused by late delivery or non-delivery, howsoever caused or arising and the Client specifically indemnifies SGG as such.
6. The risk in the goods shall pass to the Client upon the goods being loaded for delivery to the Client’s chosen premises/specified destination.
7. The Client is expected, in all cases, to take such measures as may be reasonable for the purpose of averting or minimising loss or damages and to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised. The carrier shall be deemed to be an agent of the Client, irrespective of which party issued the instructions to or paid the carrier.
8. If goods have to be re-delivered due to refusal to accept delivery or being undeliverable or unclaimed due to incorrect address details provided by the Client or for any other reason due to the Client’s action/omission, the Client will be invoiced for any additional delivery costs.
9. The Client must report, by recorded delivery, to the carrier any reservations the Client may have concerning the state of the goods or their packaging, within 24 (twenty-four) hours of the delivery time. A copy of these reservations, including a picture (if possible), must be sent to SGG within the same time frame. In the absence of notice accordingly, the Client shall be deemed to have received and have accepted the goods in good order and condition as dispatched, delivered and invoiced by SGG.
10. The Client is expected to inspect the goods on delivery and to verify specifications and quantity. Goods may not be returned, and deliveries may not be refused except by prior arrangement with
SGG. If any goods sold to the Client do not accord with specifications, the Client shall notify SGG in writing immediately upon the defect becoming known to the Client and, provided the Client does so within 24 (twenty-four) hours from the time of delivery of the defective goods to the Client. SGG may, at its discretion, replace any goods which were sold by SGG directly to the Client and which goods are not in accordance with SGG’s specifications.
11. Notwithstanding delivery and the passing of risk, ownership of the goods remains vested in SGG until such time as the Client shall have effected full payment, including any related costs, in accordance with the invoice. “Payment” signifies the receipt of the amount due in terms of invoice/statement in the bank account of SGG. Until such time as the Client shall have paid the invoice in full for such goods, the Client shall not, otherwise than in the ordinary course of business, sell, pledge or otherwise encumber the goods concerned and shall not remove such goods from the business premises of the Client without prior written consent from SGG. If third parties attempt to assert or substantiate rights over the goods, the Client is obliged to inform SGG any such action immediately, and SGG shall be entitled to take whatever action it may deem fit to protect its rights, including cancellation of the sale and repossession of the goods. In the event of any such cancellation of sale, the Client undertakes to look after and keep the goods safe until repossessed by SGG, and, upon request from SGG, the Client undertakes to hand over and return the goods to SGG.
12. Unless the Client’s order specifically states a date on or before which delivery is required and such date or any other delivery date is accepted by SGG in writing, orders will be accepted for delivery as and when goods can be made available by SGG and SGG is entitled to execute orders piecemeal or in part deliveries. Notwithstanding the aforegoing and any contrary provision which may be contained in the SGG terms and conditions, the time of delivery shall not be of the essence of the contract and the Client shall not be entitled to cancel any agreement of sale should SGG fail to deliver the goods on the agreed date.
Returns
1. It is the Client’s responsibility to ensure that goods are returned to a designated collection point in its original packaging, regardless of the reason for the returns.
2. All requests for returns or credit must be initiated in writing by the Client. No items may be returned or exchanged unless prior written authorisation has been obtained from SGG. Any goods returned at the Client’s request may be returned by carriage which expense will be paid for by the Client. The return of any goods are subject to the provisions hereinabove. Returns of non-faulty items may incur handling- or administration fees of 25% (twenty-five per centum) of the total value of the order.
3. With cognisance of the clause hereinabove, SGG may replace any goods which were sold by SGG directly to the Client and which goods are not in accordance with specifications, or alternatively (provided that the goods have not been damaged in any way whatsoever subsequent to it being dispatched or delivered to the Client, as the case may be), at SGG’s option, SGG shall be entitled to take the goods back, refunding the Client with the purchase price paid.
4. Any returns or replacements for incorrect goods, not limited to incorrect branding, should be initiated in writing by the Client, in no more than 24 hours from receiving the order. Any complaint received after the 24 hours will be investigated, but we cannot guarantee a resolve.
5. Branded goods, memory sticks (USB’s), masks or personal items such as lip balm may not, regardless of fault, be returned.
6. SGG is unable to provide a refund if the amount is less than R100.00 (one hundred rand).
7. Refunds shall be processed within 30 (thirty) days from acceptance of the return by SGG.
Errors
1. SGG takes all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
Branding of Products NOT Supplied By SGG
1. SGG will not be held liable for any damage to products supplied by clients to SGG, whether as a result of SGG branding the product or not.
2. SGG will not be held liable for any losses during transit. Breakages and missing stock will be reported as soon as they are identified.
3. Lead times may need to be adjusted once products have been viewed at our offices.
4. SGG cannot be held liable for slight changes in the print result which may be due to any of the following; o the texture of the item o the colour of the item o the nature of the artwork
5. Not all branding is permanent. Should permanent branding be required then the client is required to state this in writing to SGG.
6. Please note that for rush orders; if enough time is not allowed for curing, then provision needs to be made for a poorer print quality.
7. It is highly recommended that sufficient time be allowed for a pre-production sample to be printed. This will serve as a final approval of the branding before mass production begins. The cost of this, along with delivery will be for the client’s account. Should clients decide not to proceed with a pre-production sample, then SGG accepts zero risk.
8. Should re-packaging of items be required, whether requested or not, then any costs associated with this shall be for the client’s account.
Brand 24
1. Once you place and pay for your order, no amendments or cancellations to the order will be possible as orders are picked immediately and will go into production as soon as possible.
2. Importantly, due to the urgent nature of Brand24 orders, no artwork approval process will be initiated for your order. The logo you supply us, will always be branded at the maximum possible size in the position that the Brand24 branding guideline demonstrates. This logo will be centred within the demarcated branding area on the branding guideline. All Brand24 branding guidelines can be viewed on the SGG website and differ from the standard branding guideline for each product in question. If you have specific requirements for position or size, please place a standard branding order where we have more flexibility with the logo and branding positions. Branding outside of the demarcated Brand24 branding area, or at a size that exceeds the maximum branding space, will not be available as part of the Brand24 offering. If artwork contains fine detail or small text that may close up, please ensure that you remove this before sending us the artwork for branding. Logos will not be modified once sent to us.
3. All artwork provided to us needs to be in Vector or an additional 4 hours will need to be allocated to convert your artwork to Vector format. Vector artwork will be acceptable in the following formats – .pdf (workable PDF), .cdr (Corel Draw), .ai (Adobe Illustrator)
4. If specific pantone colours are required for pad or screen printed products, then these need to be specified at the time of providing us with your artwork. If digital branding is required, then the vector artwork must be correctly supplied to reflect CMYK colours.
5. Brand24 applies to select products only and each is tagged on the SGG website with the Brand24 icon. 6. Minimum and maximum quantities apply to all Brand24 product orders.
7. Orders placed Monday to Thursday: The Brand24 service is available Monday to Thursday (when they are trading days in South Africa) and orders must be placed and paid for by 5:00pm to be complete and ready for collection in Johannesburg by 5:00pm the following day. Orders placed on Friday: Orders placed and paid for before 12pm on a Friday (where it is a trading day in South Africa) will be completed by 5:00pm the following Monday in Johannesburg. Orders placed after 12pm on a Friday, weekends or South African public holidays will not qualify for Brand24 service.
8. In the event of the actual item being supplied incorrectly, customer service will be able to assist, but please note that it’s not guaranteed to be amended within 24hrs.
POPI ACT AGREEMENT AND CONSENT DECLARATION:
WHEREAS IT IS AGREED THAT
All parties agree that they will comply with POPI regulations and process all the information and/or personal data in respect of the services being rendered in accordance with the said regulation and only for the purpose of providing the Services set out in the agreement to provide services.
The company (also called the service provider), all the parties to this agreement, the service provider’s employees and the client’s employees and any subsequent party/parties to this agreement acknowledge and confirm that:
- One or more of the parties to this agreement, will possess and will continue to possess information that may be classified or maybe deemed as private, confidential or as personal information.
- Such information may be deemed as the private, confidential or as personal information in so far as it relates to any party to this agreement.
- Such information may also be deemed as or considered as private, confidential or as personal information of any third person who may be directly or indirectly associated with this agreement.
Further it is acknowledged and agreed by all parties to this agreement, that such private, confidential or as personal information may have value and such information may or may not be in the public domain. For purposes of rendering services on behalf of the client, the service provider and any party associated with this agreement and/or any subsequent or prior agreement that may have been/will be entered into, irrevocably agree that “confidential information” shall also include inter alia and shall mean inter alia:
- (a) all information of any party which may or may not be marked “confidential,” “restricted,” “proprietary” or with a similar designation;
- (b) where applicable, any and all data and business information;
- (c) where applicable the parties may have access to data and personal and business information regarding clients, employees, third parties and the like including personal information as defined in POPI regulation; and
- (d) trade secrets, confidential knowledge, know-how, technical information, data or other proprietary information relating to the client/service provider or any third party associated with this agreement and (including, without limitation, all products information, technical knowhow, software programs, computer processing systems and techniques employed or used by either party to this agreement and/or their affiliates.
All parties irrevocably agree to abide by the terms and conditions as set out in this agreement as well as you agree and acknowledge that all information provided, whether personal or otherwise, may be used and processed by the service provider and such use may include placing such information in the public domain. Further it is specifically agreed that the service provider will use its best endeavours and take all reasonable precautions to ensure that any information provided, is only used for the purposes of the agreement.
It is confirmed that by submitting information to the service provider, irrespective as to how such information is submitted, you consent to the collection, collation, processing, and storing of such information and the use and disclosure of such information in accordance with this policy.
SHOULD YOU NOT AGREE TO THE TERMS AND CONDITIONS AS SET OUT IN THIS AGREEMENT AND CONSENT DECLARATION YOU MUST NOTIFY THE SERVICE PROVIDER IMMEDIATELY FAILING WHICH IT WILL BE DEEMED THAT YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS SET OUT ABOVE