Brandability Terms And Conditions

Commencement, Duration And Application

The Brandability’s Terms and Conditions shall commence to apply upon signature of the Confirmation of Order by the Client in each instance.
The Brandability’s Terms and Conditions shall apply and endure until the Services and/or Goods and/or orders quoted for and accepted by the Client are rendered and/or delivered to the Client and in line with these Terms and Conditions and until full payment of Brandability’s invoice(s) has/have been made by the Client in each instance.

Quotations

Brandability shall provide the Client with a quotation for the Services and/or Goods required by the Client, which quotation 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.
Quotations are subject to the availability of Goods and/or Services and are subject to the correction of good faith errors by Brandability and the prices quoted are subject to increases in price or costs, including currency ﬂuctuations, which may occur before the Order is accepted by the Client.
If the Client disputes the amount of increase, the amount of the increase may be certified by any independent auditor nominated by Brandability, and such certificate shall be final and binding on the Client. The party in whose favour the independent auditor determines the dispute shall not be liable for the cost of the independent auditor.
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 placing the Order, which shall be determined solely by Brandability.
The Client hereby confirms that the Goods or Services on any tax Invoice issued duly represent the Goods or Services ordered by the Client at the prices agreed to by the Client and, where delivery / performance has already taken place, that the Goods or Services were inspected and that the Client is satisfied that these conform in all respects to the quality and quantity ordered and are free from any defects.

Samples

Unbranded Samples

Samples may be purchased online or through an Account Manager and then collected at Brandability’s (Johannesburg) warehouse or delivered to the Client’s speciﬁed address via courier at an additional cost. See our delivery options here.
Thereafter, Samples can be returned within 7 (seven) business days for a credit or refund on the items only (courier at own cost), and subject to clauses 3.3.1 to 3.3.6 provided the items are in their original packaging and in their original condition (undamaged). Damaged samples or samples with damaged packaging will not be accepted for return.

Branded Samples

Should branded samples be required, it can be arranged with a Sales Account Manager.
Branded samples cannot be returned for a credit or refund.

Returns/Refunds – Samples

No returns accepted for white and drinkware samples, due to discolouration and safety reasons.
No returns are accepted for USB and Powerbank samples.
No returns on workwear with reﬂective tape.
Gift set samples cannot be returned or refunded once ordered.
All sample orders need to be collected within 5 (ﬁve) business days of receiving the collection notiﬁcation email, failing which the products will be returned to stock and the order cancelled.
Samples with a value of less than R150.00 (one hundred and ﬁfty Rand) ex. VAT may not be returned for a refund. Samples with a value over R150.00 (one hundred and ﬁfty Rand) ex. VAT may be returned within 7 (seven) business days from date of purchase for credit or a refund, at the discretion of Brandability. Samples returned after 7 (seven) business days will not be refunded or credited. The cost of returning samples is on the Client’s account.

Product Selection And Orders

Unbranded orders are to be placed via our online Add To Cart and Checkout process.
Clients may place Orders for Goods, which Brandability may, at its sole discretion, accept or reject. Whether or not Brandability accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation to the price) and receipt of payment or payment authorisation by Brandability for the Goods.
The Client is to place branded Orders with Brandability in writing by completing the Conﬁrmation of Order. Orders shall only be regarded as accepted upon written conﬁrmation thereof by Brandability. Payment of the deposit by the Client does not constitute acceptance of the Order.
Brandability will execute the Client’s Order/s once the deposit (branded orders) or full amount (unbranded orders) is paid by the Client and proof of payment thereof is sent to the relevant branding consultant, written conﬁrmation of the order has been provided to the Client by Brandability and the supplier has conﬁrmed that the Goods to be ordered is available.
For branded Orders, a deposit equal to 50% (ﬁfty per centum) of the quoted amount, or if the quoted price ﬂuctuated between the time the Client received the quotation and the placing of the Order, 50% (ﬁfty per centum) of the adjusted amount, is to be paid by the Client. Quotations are subject to availability of the Goods at the time of conﬁrmation of the Order. Special import items require, without exception, a 75% (seventy-ﬁve per centum) deposit of the quoted amount. Orders less than R2000.00 (two thousand Rand) ex. VAT require full payment upfront.
As changes occur on a daily basis with regard to the availability of Goods, availability of same cannot be guaranteed by Brandability until the deposit has been paid, the Conﬁrmation of Order has been signed and the availability of Goods has subsequently been conﬁrmed by the supplier.
The Client acknowledges that it is the Client’s sole responsibility to determine and ensure that the Goods ordered are correct and suitable to its intended purpose. Brandability will not be liable, in any manner or form, for incorrect selection of the Goods by the Client.
Subject to availability and receipt of payment, requests will be processed within 2 – 14 Business Days (depending on supplier lead times, availability of Goods and delivery method) and delivery conﬁrmed by way of email communication (waybill number or reference number as well as collection address, depending on shipping option – respectively, delivery via courier or collection).
Lead times for Orders will be deemed to commence on the date and time that Brandability received all signed off approvals of the artwork and payment of the funds have cleared in Brandability’s bank account.
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) cancellation fee or a minimum of R200.00 (two hundred Rand) ex. VAT handling and administration fee (whichever is higher). A further R350.00 (three hundred and ﬁfty Rand) ex. VAT per artwork layout will be charged if artwork layouts were created.
A minimum order spend of R1000.00 (thousand Rand) ex. VAT applies to all branded orders.
A minimum order spend of R300.00 (three hundred Rand) incl. VAT applies to all orders placed online (this excludes Delivery charges).

Rush Orders

Brandability provides a Rush Order service in terms whereof completion of urgent Orders are guaranteed within 2 (two) to 5 (ﬁve) Business Days, subject to the 3rd clause under the heading “Artwork For Branded Gifts”, and provided full payment of the Order reﬂecting in the bank account of Brandability.
The completion date for the Order will be conﬁrmed in the Conﬁrmation of Order prior to Brandability executing the Order.
Artwork needs to be supplied in print-ready format as there is insuﬃcient time to redraw such Artwork.
The Client must provide Brandability with sufficient time to cure any defects and/or errors, failing which Brandability shall not be held liable for a poorer print quality of the Goods.
Rush Orders are subject to the Client adhering to the deadline for approving artwork, as stipulated in the artwork approval email.
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 special import products require full payment of the order to reﬂect in the bank account of Brandability before Brandability shall conﬁrm the order.

Artwork For Branded Orders

Brandability will provide the Client with an artwork 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 Brandability by the Client, in respect of the Goods. No further services will be rendered by Brandability until Brandability is in receipt of the duly completed signed off artwork approval from the Client.
The Client is to speciﬁcally indicate, in writing, whether permanent branding is required.
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. Brandability 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.
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 Goods 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.
The Client shall review and check the artwork for spelling mistakes and errors relating to e.g. item colours, sizing, image colour and image locations and shall do so before signing off and approving the artwork/Order. Brandability 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, including any consequential damage/s.
If the Client selects an Artwork Design Package and their artwork requires the designer to spend more time than what is allocated for their design, then an additional design fee of R195.00 (one hundred and ninety-ﬁve Rand) ex. VAT, per hour, will be incurred by the Client. The Client will be informed, in writing, of the additional fee and will be given the choice of whether to continue or not with the Artwork Design Package.
The Artwork Design Packages are inclusive of Free Artwork Redraw. The number of designs that can be redrawn is based on the Artwork Design Package that the Client purchases. Additional designs can be redrawn for an additional fee of R195.00 (one hundred and ninety-ﬁve Rand) ex. VAT, per hour.
There are 3 Artwork Design Packages, the details of each can be found on the Artwork Design Package page. Each design package varies in the number of designs that can be redrawn, the amount of text that can be used, the number of fonts as well as the options on background colour. Any variation from these packages will incur additional fees calculated on a basis of R195.00 (one hundred and ninety-ﬁve Rand) ex. VAT, per hour.
Should the Client purchase the Premium or Elite Artwork Design Package then the Client will be entitled to receive the Vector artwork ﬁles that were created by Brandability. Artwork ﬁles will be sent 7 (seven) days after completion of the Client’s Order. Should the Client decide not to proceed with the Order then Brandability reserves the right to withhold the Artwork ﬁles.
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 Goods will look like due to the variations in computer monitor colouring. Printing colours will be matched as close as possible to Pantone colours or swatches supplied. Brandability cannot guarantee a 100% colour match due to the different materials used in promotional products and accordingly will not be liable for any damages as a result of any variation to the colours whether consequential or otherwise.

Payment And Release Of Orders

A deposit equal to 50% (ﬁfty per centum) of the quoted amount, or if the quoted price ﬂuctuated between the time that the Client received the quotation and the placing of the Order, 50% (ﬁfty per centum) of the adjusted amount, is to be paid by the Client, prior to any Services and/or Goods being delivered. The remaining 50% (ﬁfty per centum) of the invoice, along with any additional costs, are to be paid upon request, prior to delivery or collection. Should the outstanding amount not be paid within 7 (seven) calendar days of such a request being made, the interest of prime plus 2% (two per centum) will be incurred on all overdue amounts along with daily storage fees. Orders less than R2000.00 (two thousand Rand) ex. VAT, require full payment upfront.
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 Brandability 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.
Brandability accepts payment by way of:-

a) PayFast (Payments may be made via Credit or Debit Card, Instant EFT, Masterpass, Snapscan, Mobicred and Zapper)
b) PayGate (Payments may be made via Credit or Debit Card, Masterpass, Mobicred, Zapper, Snapscan and Instant EFT)
c) Ozow (Instant EFT)
d) Direct Bank Transfer (EFT)

Debit card: You warrant that you are fully authorised to use the debit card supplied for purposes of paying the Goods.

Credit card: You warrant that you are fully authorised to use the debit card supplied for purposes of paying the Goods.

Brandability does not accept cash payments and Brandability is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Card transactions will be acquired for Brandability via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certiﬁcate and security policy.
The Client’s details will be stored by Brandability separately from card details which are entered by the Client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. The transaction currency is the South African Rand (ZAR).
The Client may contact Brandability’s by visiting the Contact Us page to obtain a full record of the payment. Brandability shall send the Client email communications about the Client’s Order and payment.
Once the Client has selected its payment method, it will be directed to a link to a secure site for payment of the applicable purchase price for the Goods and/or Services.
All payments made by the Client to Brandability shall be made free of deduction, set-off, bank charges and commissions and shall not be withheld for any reason whatsoever. Discounts shall be forfeited on overdue amounts.
In respect of international bank transfers and payments made by the Client to Brandability, the following terms apply:-

a) The Client shall always be responsible for payment of the full international banking fees that are associated with such transfer and/or payment to Brandability;
b) Brandability shall not be liable for any charges incurred by the Client as a result of payment of the international banking fees;
c) Brandability shall not be liable for any damages, whether consequential or not, that the Client suffers as a result of payment of the international banking fees;
d) All Forex payments made by the Client to Brandability must be paid in full prior to confirmation of the Order, unless otherwise approved, in writing, by Brandability.

The Client agrees that no extension of payment of any nature shall be extended to the Client and any extension will not be applicable or enforceable unless agreed to by Brandability, in writing and signed by the Client and a duly authorised representative of Brandability.
Brandability may, at its sole discretion, extend a 30 (thirty) day incidental credit facility to the Client and may, at its sole discretion, amend or withdraw such facility for any reason whatsoever. Incidental credit facilities are to be approved in writing by Brandability and will incur Interest of 2% (two per centum) on all overdue amounts.
Orders will only be released for collection or dispatched for delivery once payment in full, including interest, if applicable, reﬂects in Brandability’s bank account. An Order may, at the sole discretion of Brandability, be accepted. Brandability shall not be liable for missed deadlines due to non-payment or late payment by the Client and/or failure to timeously approve the artwork and/or Brandability’s suppliers failing to adhere to deadlines and/or products specifications.
Goods remain the property of Brandability until paid in full. The risk in and to the Goods shall pass from Brandability to the Client upon the Goods being loaded for delivery to the of delivery thereof to the Client or their nominated agent or customer. Any delivery notes or waybills (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 Goods shall be conclusive proof that delivery was made to the Client.
Brandability will indicate the acceptance of an Order by delivery of the Goods to the Client or allowing the Client to collect them, and only at that point will an agreement of sale between the Client and Brandability come into effect (the “Sale”). This is regardless of any communication from Brandability stating that the Order or payment has been conﬁrmed. Brandability will indicate the rejection of the Order by cancelling it and, as soon as possible thereafter, refunding the Client for any amount already paid.
Free shipping is provided for Orders that meet the speciﬁed criteria at the time of placing of the Order. However, in the event of the Goods being out of stock after placing an Order, free shipping may no longer be applicable. Clients will have the option to add additional items to the Order to maintain free shipping eligibility or pay a shipping invoice for the remaining items.
While Brandability strives to maintain an accurate level of Goods on its website, Brandability cannot guarantee availability until an Order has been placed and payment made. If the Goods become unavailable after an Order has been placed, Brandability reserves the right to cancel or modify the Order. Clients will be promptly notiﬁed and provided with alternative options, including choosing alternative Goods or cancelling the Order altogether and Brandability will not be liable for any damages whether consequential or not.

Collection And Delivery

Unless alternative arrangements have been made with, and accepted by Brandability, in writing, the Client is to collect the Order or accept delivery within 5 (ﬁve) calendar days from the Client being advised of such. Orders not collected or delivered within 5 (ﬁve) calendar days will be charged a handling fee of 25% (twenty-ﬁve per centum) of the total value of the order, or sold to offset Brandability’s costs.
Orders above the value of R1250.00 (one thousand two hundred and ﬁfty Rand) ex. VAT, being delivered to a single destination point in either Cape Town, Johannesburg, Durban or Pretoria on a 3 (three) to 5 (ﬁve) day delivery, qualify for Brandability’s free delivery option. This is subject to certain package size and weight restrictions, and the Client is advised to please conﬁrm with their Account Manager regarding same. Some bulky items do not qualify for free delivery (for example, boxes, hand sanitiser, bottled water, etc.). Free Delivery excludes freight insurance which remains the Client’s responsibility.
For Orders that do not qualify for free delivery, Brandability will quote the Client using an external courier service to effect delivery, and once accepted and paid by the Client, Brandability will arrange for the Goods and/or Services to be delivered to the Client’s address.
Should the Client require freight insurance, the Client is to request same from Brandability, in writing, and Brandability will arrange on behalf of the Client provided payment of such costs is made in full. The Client will be liable for the payment of such insurance costs before dispatch of the Goods and/or Services by Brandability.
The delivery address needs to be easily accessible for the courier and drop off shall be to the front entrance of the address provided, unless otherwise agreed, in writing. Delivery times quoted are estimated times only. Brandability accepts no responsibility whatsoever for any loss or damages caused by late delivery or non-delivery, whether consequential or otherwise, howsoever caused or arising and the Client speciﬁcally indemniﬁes Brandability as such.
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 couriers, bailees or other third parties are properly preserved and exercised. The courier shall be deemed to be an agent of the Client, irrespective of which party issued the instructions to or paid the courier.
If the 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, and which shall be payable on receipt.
The Client must report, by recorded delivery, to the courier 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, must be sent to Brandability 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 Brandability.
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 written arrangement with Brandability. If any Goods sold to the Client do not accord with speciﬁcations, the Client shall notify Brandability 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. Brandability may, at its discretion, replace any Goods which were sold by Brandability directly to the Client and which Goods are not in accordance with Brandability’s speciﬁcations, 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 Brandability’s option, Brandability shall be entitled to take the Goods back, refund the Client with the purchase price paid or by way of credit in favour of the Client. Brandability shall not be liable for any damages caused whether consequential or not.
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 Brandability 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 Brandability.
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 Brandability. If any goods sold to the Client do not accord with specifications, the Client shall notify Brandability 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. Brandability may, at its discretion, replace any goods which were sold by Brandability directly to the Client and which goods are not in accordance with Brandability’s specifications.
Notwithstanding delivery and the passing of risk, ownership of the Goods remains vested in Brandability 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 Brandability. 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 premises nominated by the Client for delivery without prior written consent from Brandability. If third parties attempt to assert or substantiate rights over the Goods, the Client is obliged to inform Brandability of such action immediately, and Brandability 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 or enforcing specific performance for payment from the Client. In the event that Brandability elects to cancel a sale, the Client undertakes to look after and keep Goods safe until repossessed by Brandability, and, upon request from Brandability, the Client undertakes to hand over and return the Goods to Brandability.
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 Brandability in writing, Orders will be accepted for delivery as and when Goods can be made available by Brandability and Brandability is entitled to execute Orders piecemeal or in part deliveries. Notwithstanding the aforegoing and any contrary provision which may be contained in these 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 Order should Brandability fail to deliver the Goods on the agreed date. Brandability will not be liable for any damages caused by such failure to deliver the Goods on the agreed date, whether consequential or otherwise.

Cancellations And Returns/Refunds

No cancellations and/or pausing on processing of an Order will be accepted once the artwork has been approved on any branded Goods including but not limited to banners, table cloths, awards, gazebos and flags, custom made Goods and specially imported Goods, and the Client shall be liable for full payment of such orders.
Any Order is subject to cancellation by Brandability due to Acts of God from any cause beyond the control of Brandability, including (without restricting this clause to these instances): inability to secure labour, power, materials or supplies, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought, disease, or legislation. In any such event, any monies paid by the Client to Brandability, shall be refunded in full by crediting the Client’s original method of payment.
Any Order is subject to cancellation by Brandability:-

a) if the Client breaches any term of these Terms and Conditions;
b) if the Client makes any attempt of compromise, liquidation, or sequestration;
c) if a judgement is recorded against the Client;
d) should its suppliers breach any of their/its/his/her obligations.

The Client agrees that Brandability will be immediately and irrevocably released from any contractual damages, including consequential damages (whether contemplated or not) and penalty obligations should any event in the above two clauses.
Fully paid Orders that remain uncollected or undeliverable for 30 (thirty) calendar days will be donated to local charities and Brandability shall not be liable for any damages or consequential damages as a result thereof.
It is the Client’s responsibility to ensure that Goods are returned to a designated collection point in their original packaging, regardless of the reason for the returns.
All requests for returns or credit must be initiated in writing by the Client. No Goods may be returned or exchanged unless prior written authorisation has been obtained from Brandability. Any Goods returned at the Client’s request may be returned by a courier and which expense will be paid for by the Client. Returns of non-faulty Goods may incur handling- or administration fees of 25% (twenty-ﬁve percentum) of the total value of the Order.
Any returns or replacements for incorrect Goods, not limited to incorrect branding, should be initiated in writing by the Client, in no more than 5 (five) days from receiving the Order. Any complaint received after the 5 (five) day mark will be investigated. However, Brandability does not guarantee return or replacement of the Goods.
If any Goods are returned to Brandability or any of its branding warehouses that require a requested quality check due to the Goods not being as expected, a thorough quality check will be done once again. If the quality check is being done due to the lack of proof from the Client and the returned Goods are deemed correct in accordance with the Order details and the relevant approvals, the Goods will be returned to the Client and the Client will be billed for the extra courier costs incurred. If any discrepancy is found on the return quality check, Brandibility will be responsible for any replacements or reprints done thereafter, including courier costs incurred.
When unwanted Goods (undamaged and unused) are to be returned:–

a) The Client is responsible for returning the Goods to Brandability.
b) The delivery and/or courier costs on the Order are non-refundable.
c) The Client is responsible for the return courier costs.
d) If the Client received free delivery on the Order, the actual cost of that delivery will be deducted from the refund and the Client is responsible for the return courier costs.

When unwanted Goods (undamaged and unused) are to be exchanged for other products, the replacements will be treated as a new Order. The Client will be refunded for the unwanted goods as stipulated in the above clause.
If the Client returns only part of an Order of unwanted Goods (undamaged and unused), the following terms will apply:–

a) Courier costs for the order will not be refunded.
b) If the Client received free delivery on their Order and the sum of the partly returned Order is below the R1250.00 (one thousand two hundred and ﬁfty Rand) ex. VAT threshold, the actual cost of the delivery will be deducted from the refund.
c) If the Client received free delivery on their Order and the sum of the partly returned Order is above the R1250.00 (one thousand two hundred and ﬁfty Rand) ex. VAT threshold, the actual cost of the delivery will not be deducted from the refund.

No returns shall be permitted on the following Goods:-

a) Branded Goods and memory sticks;
b) Unbranded workwear with reﬂective tape;
c) Reduced To Clear or On Sale items.
d) Gift sets once ordered (excluding cases where items have been found to be faulty upon delivery/collection).

Some of Brandability’s display Goods come with a 3-month limited print fade warranty as overexposure to direct and intense sunlight can reduce the longevity of the print – please see the product page on the website for this information.
Brandability will not provide a refund if the amount is less than R50.00 (ﬁfty Rand) ex. VAT. Any refund less than R50.00 (ﬁfty Rand) ex. VAT, will be credited to the Client’s account and set off against the Client’s next Order (not applicable to online order purchases).
Brandability will not refund international Clients unless the original amount was paid into Brandability’s FNB bank account. Amounts paid into any of Brandability’s other bank accounts shall be credited to the Client’s account to be allocated to future Orders.
Refunds shall be processed within 30 (thirty) days from acceptance of the return of the Goods by Brandability.
The provision of Goods and Services by Brandability through Online Orders (purchases made through “Add To Cart”) is subject to availability. In cases of unavailability, Brandability will refund the Client in full within 30 (thirty) days. Cancellation of Orders by the Client will attract a 25% administration fee.
Brandability cannot be held liable for branding done by a third party after buying unbranded products from it. Brandability warehouses have established the best branding options and practices per the Goods based on the machines and processes owned by Brandability. If branding is done with a third party brander, all warranties and money back guarantees fall away.
Goods are sold voetstoots with no warranty against patent or latent defects and all other guarantees including common law guarantees are hereby specifically excluded. Services carry no guarantee.
Under no circumstances shall Brandability be liable for any consequential damages including loss of profits or for any delictual liability of any nature whatsoever, whether foreseen or not.
Under no circumstances shall Brandability be liable for any damage arising from any misuse, abuse or neglect of the Goods or Services.

Errors

Brandability takes all reasonable efforts to accurately reﬂect the description, availability, purchase price and delivery charges of Goods on its website. However, should there be any errors of whatsoever nature on the website (which are not due to Brandability’s gross negligence), Brandability shall not be liable for any loss, claim, expense, damages (whether consequential or not) relating to a transaction based on any error, save in the case of any incorrect purchase price and to the extent of refunding the Client for any amount already paid, or otherwise as set out in the Returns Policy.

Brand 24

Once a Client places and pays for an 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.
Importantly, due to the urgent nature of Brand24 orders, the logo you supply us, will always be branded at the maximum possible size in the position that the Brand24 branding guideline demonstrates. The logo will be centred within the demarcated branding area on the branding guideline. All Brand24 branding guidelines can be viewed on the Brandability website and differ from the standard branding guideline for each product in question. If the Client has speciﬁc requirements for position or size, the Client must place a Standard Branding Order where Brandability will 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, is not available as part of the Brand24 offering. If artwork contains ﬁne detail or small text that may close up, the Client must ensure that it removes this before sending the artwork to Brandability for branding. Logos shall not be modiﬁed once sent to Brandability.
All artwork provided to Brandability needs to be in a Vector format or an additional 4 hours will need to be allocated to convert the Client’s artwork to Vector format. Vector artwork will be acceptable in the following formats –.pdf (workable PDF), .cdr (Corel Draw), and .ai (Adobe Illustrator).
All artwork provided to Brandability needs to be in a Vector format or an additional 4 hours will need to be allocated to convert the Client’s artwork to Vector format. Vector artwork will be acceptable in the following formats – .pdf (workable PDF), .cdr (Corel Draw), .ai (Adobe Illustrator)
If speciﬁc pantone colours are required for pad or screen printed Goods, then these need to be speciﬁed, in writing, at the time of providing Brandability with the artwork. If digital branding is required, then the Vector artwork must be correctly supplied to reﬂect CMYK colours.
Brand24 applies to selected Goods only and each is tagged on the Brandability website with the Brand24 icon or in the Brand24 category.
Minimum and maximum quantities apply to all Brand24 product Orders.
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 4pm to be complete and ready for collection in Johannesburg by 5pm the following day.

Orders placed on Friday:
Orders placed and paid for before 11am 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 11am on a Friday, weekends or South African public holidays will not qualify for Brand24 service.
In the event of the Goods being incorrectly supplied, customer service will be able to assist, but please note that Brandability does not guarantee that the issue will be resolved within 24 (twenty -four) hours.

Branding Of Products Not Supplied By Brandability

Brandability will not be held liable for any damage to Goods supplied by Clients to Brandability, whether as a result of Brandability branding the Goods or not.
Brandability will not be held liable for any losses during transit. Breakages and missing Goods will be reported as soon as they are identified.
Lead times may need to be adjusted once the Goods have been viewed at Brandability’s warehouse in Sandton (Lincorp Industrial Park).
Brandability will not be liable for slight changes in the print result which may be due to any of the following:-

a) the texture of the item;
b) the colour of the item;
c) the nature of the artwork.

Not all branding is permanent. Should permanent branding be required then the Client is required to state this in writing to Brandability when placing the Order.
It is highly recommended that suﬃcient time be allowed for a pre-production samples 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 Brandability shall not be held liable for any errors that occur during mass production, whether consequential or not.
Should re-packaging of the Goods be required, whether requested or not, then any costs associated with this shall be for the Client’s account.

Breach

Should either the Client or Brandability commit a breach of any term of these Terms and Conditions and should the party in breach fail to remedy such breach within 7 (seven) days of written notice to do so, then the aggrieved party shall be entitled, without prejudice to the aggrieved party’s other rights in law:-

a) to cancel this Agreement; or
b) to claim immediate specific performance of the defaulting party’s obligations.

In either event without prejudice to the aggrieved party’s rights to claim damages or any other relief available in law.
Should the party in breach be the Client and Brandability is required to institute legal proceedings to enforce its rights in terms of these Terms and Conditions, the Client agrees that it shall be liable for and pay Brandability’s collection commission, tracing fees as well as its legal fees on the scale of attorney and own client. These remedies are without prejudice to any other right Brandability may be entitled to in terms of the Agreement or in law. Brandability reserves its right to stop supply immediately on cancellation or on non-payment.

Non-Variation And Non-Waiver

These Terms and Conditions constitute the sole Terms and Conditions between the Parties with regard to the subject matter hereof and neither Party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
No addition to, variation of these Terms and Conditions shall be of any force or effect unless in writing and signed by or on behalf of both Parties
No relaxation or indulgence that either Party may grant to the other shall constitute a waiver of the rights of that Party and shall not preclude that Party from exercising any rights which may have arisen in the past or which might arise in future.
The whole of these Terms and Conditions Agreement shall bind and enure for the benefit of the successors in title, heirs, executors, administrators, liquidators, trustees and the legal representatives of the Parties or their respective estates, as the case may be.

Applicable Law

These Terms and Conditions constitute the sole Terms and Conditions between the Parties with regard to the subject matter hereof and neither Party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.

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Brandability – A Division Of Bidvest Office – Terms And Conditions