The Promo Group Terms and Conditions
These Standard Terms and Conditions form part of the Agreement which governs the relationship between the Parties. The acceptance of a quote by the Customer will be deemed as the Customer’s acceptance of The Promo Group’s (“TPG”) Standard Terms and Conditions.
PLACEMENT OF ORDERS
Quotations provided by TPG to the Customer shall be valid for a period of 7 (seven) days from the date of the quotation.
In order to qualify for the prices reflected on TPG’s website, orders must have a minimum value of R1 000.00 for branded goods and a minimum value of R500.00 for unbranded goods. For orders less than this, TPG must be contacted for the relevant prices of the goods.
It is the Customer’s sole responsibility to determine whether the goods ordered are suitable or correct for the purposes of intended use of the goods and TPG shall under no circumstances be liable for any incorrect product selection by the Customer.
Quotations are subject to the availability of the goods or services and therefore cannot be guaranteed until the Customer has paid the deposit and the Customer’s order has been confirmed with TPG’s supplier. TPG’s receipt of payment of the deposit does not infer TPG’s acceptance of an order.
Quotations are subject to increase for whatever reason prior to the acceptance of the order by TPG and the order has been confirmed with TPG’s supplier.
TPG shall be entitled to reasonably refuse any order placed by the Customer and TPG shall not be liable to the Customer for any such refusal of an order.
SAMPLES
In the event the Customer wishes to view samples of the goods at one of TPG’s showrooms, a TPG Account Manager can be contacted in order to make such arrangements.
The Customer can purchase samples of the goods from a TPG Account Manager.
Upon receipt of the invoice for the samples, the goods must be paid for and collected within 5 business days from receipt of the invoice. If the Customer fails to collect the samples within the specified time period, the sample order will automatically be cancelled.
Samples with a value of less than R50.00 excluding VAT cannot be returned to TPG for a refund.
Samples over R50.00 excluding VAT must be returned within 5 (five) business days from the date of purchase for a credit or a refund.
In order for the Customer to qualify for a refund upon the return of the samples –
The samples must be returned within the specified time period above and in their original condition as well as in original undamaged packaging. TPG is entitled to exercise reasonable discretion to determine whether the goods and/or packaging are undamaged.
The original invoice relevant to the samples must accompany the returned goods.
TPG shall not accept the return of hamper samples or memory stick samples unless they are dummy samples.
All artwork, designs, and trademarks imprinted on the goods are reproduced only as examples of the type and quality of the branded goods available. They are not intended to represent that the goods are either endorsed by or produced for the owners of the artwork, design, or trademark.
ARTWORK FOR PROMOTIONAL BRANDED PRODUCTS
The Customer is entitled to revise its artwork free of charge on two separate occasions. Thereafter, any additional charges will be charged at R350.00 excluding VAT per change.
Should the Customer delay providing the artwork to TPG or delay approving such artwork, the delivery date of such goods may be affected and TPG shall not in any way be held liable for such delay.
Any changes requested by the Customer to the artwork may affect the delivery date of the goods and TPG shall not in any way be held liable for such delay.
In the event that a Customer cancels a branded order after the layouts have already been generated, the Customer shall be liable to make payment to TPG at R350.00 excluding VAT per layout done.
No work will commence until TPG is in receipt of the duly completed signed off artwork. If any changes required; TPG will issue a new layout for final proofing before production starts.
To sign off the artwork, TPG will furnish the Customer with an artwork approval via e-mail, illustrating the appearance of the artwork on the Customer’s chosen product. This must be checked thoroughly by the Customer in respect of, inter alia, spelling, fonts, colours (stipulate pantones if you require them and they are not shown) and sizes. The Customer must sign off on the artwork in writing. Once the Customer has signed off the artwork, TPG shall not be held responsible for any errors of any kind that the Customer has failed to identify and bring to TPG’s attention.
Once the artwork has been signed off by the Customer in writing, any changes requested by the Customer will be charged to the Customer.
Layouts sent in colour via email are not a true reflection of the colour but a mere indication of what the product will look like.
The Customer is aware and acknowledges that the branding of promotional products is not always permanent and can wear off over time and the Customer waivers any claim against TPG in this regard. Printing colours will be matched as close as possible to Pantone colours or swatches supplied. TPG does not guarantee a 100% colour match and/or colour consistency on different materials and the Customer waivers any claim against TPG in this regard.
SPECIALLY IMPORTED GOODS
TPG cannot guarantee any specific delivery dates in respect of specially imported goods and as a result, TPG shall not be held responsible for any damages suffered by the Customer has a result of any delays in the delivery of specially imported goods.
The Customer will be required to make payment of a 75% deposit in respect of all specially imported goods.
Once an order has been accepted by TPG and the Customer has made payment of the deposit, TPG shall not accept any cancellation of the specially imported goods. In the event that the Customer cancels such order of the specially imported goods, the full purchase price of the goods will remain payable to TPG.
PRICE AND PAYMENT
A 50% deposit of the invoice must be paid by the Customer upon placement of the order.
The remaining 50% of the invoice must be paid once the Customer is notified that the goods are ready for collection or that the goods are ready to be delivered.
No goods shall be released to the Customer or delivered to the Customer if the invoice has not been paid in full and the payment has been cleared in TPG’s nominated bank account.
In the event that the Customer instructs a third-party courier to collect the goods from TPG and has not paid the invoice in full, TPG shall not release the goods and will not be liable for any delivery costs incurred by the Customer.
Any cash payments made by the Customer will incur a 1.75% cash handling fee.
Any credit card payments will incur a 4% processing fee.
Due to currency fluctuations, TPG reserves the right to adjust prices accordingly without prior notification to the Customer whether or not a quotation has been accepted and confirmed by TPG.
Account facilities may be utilised by the Customer upon approval by TPG in writing. TPG reserves the right to withdraw or amend the credit facilities at its discretion.
The Customer has no right to withhold payment for any reason whatsoever and agrees that any extension of time given for payment shall be valid only if reduced to writing and signed by both parties. No extension of time or other indulgences granted by TPG in respect of the Customer’s obligations will constitute a waiver or novation of or otherwise affect TPG’s rights to enforce strict compliance with the terms of the Agreement.
All discounts shall be forfeited to the Customer if payment of the invoice in full is not made on due date.
Should the Customer fail to make payment and TPG appoints attorneys to recover any unpaid amounts or any other amounts recoverable by TPG in terms of law from the Customer, the Customer shall be liable for all attorney’s fees on an attorney and client scale, including collection fees.
TPG shall be entitled but not obliged to charge interest calculated in arrears on any amount due to it by the Customer at a rate of 2% above the prime overdraft rate of our Bankers at the time of the monthly calculation.
DELIVERY AND COLLECTION OF GOODS
The goods will be collected alternatively delivered to the Customer once such order is ready.
In the event that the Customer requests that the goods be delivered via courier, all costs associated with the delivery of the goods will be for the Customer’s account and must be paid prior to the delivery of the goods.
Should the Customer fail to collect any orders within 10 business days from TPG’s notification that the order is ready for collection, TPG shall be entitled to cancel the order and the goods will be returned to stock or sold to offset any costs incurred by TPG.
The Customer can request that TPG insure the goods, which all associated costs will be for the Customer’s account.
All delivery times quoted by TPG are estimates and are not binding on TPG. TPG undertakes to ensure that the delivery of the goods is done efficiently and as soon as reasonably possible.
TPG shall not be liable for any damages suffered by the Customer in the event that the goods are not delivered as quoted by TPG. No delay in delivery shall give rise to a right to or claim for loss or cancellation of an order or this Agreement by the Customer.
It is the Customer’s responsibility to report any damaged or missing goods to the TPG Account Manager within 24 hours of receiving such goods. TPG will not entertain any claims thereafter.
If goods have been delivered to the Customer in damaged packaging or the external box shows proof that the goods have been tampered with, the Customer must indicate the aforementioned on the delivery slip when signing for the delivery of the goods. The delivery slip must be forwarded to TPG within 24 hours with pictures of the damaged packaging.
In the event that the Customer refuses delivery of the goods or are undeliverable or unclaimed due to an incorrect address details provided by the Customer or due to the Customer’s unavailability, the Customer shall be charged for such delivery and will be held liable for any additional delivery costs incurred.
TPG shall be entitled in its sole discretion to split the delivery of the goods ordered in the quantities and on the dates it decides.
Ownership and risk in the products shall pass to the Customer when the total purchase price in respect of the products has been paid in full and received by TPG, including risk of loss, theft, destruction, or damage. Accordingly, ownership in and to these products shall remain vested with TPG until fully paid for, notwithstanding anything to the contrary herein or in any contract of carriage, insurance, or finance.
RETURNS AND REFUNDS OF GOODS
No goods may be returned or exchanged by the Customer unless written authorization has been obtained from TPG within 24 hours from the date of delivery or collection of the goods. In the event that the Customer returns or exchanges the goods, the Customer will be liable to pay 25% of the total purchase price of the order which shall constitute as a handling fee and a reasonable administration fee to TPG.
TPG will not accept returns or exchanges on any branded or custom-made goods.
TPG will not accept returns on memory sticks.
No goods may be returned to TPG’s physical address unless prior written arrangement has been made with TPG.
Upon confirmation that TPG will refund the Customer, the refund will take approximately 30 days to process, however, TPG cannot guarantee the aforementioned time period but will take all the necessary steps to ensure that all refunds are processed timeously. The Customer can request that credit be granted, which will be granted at TPG’s discretion.
CANCELLATION OF ORDER
In the event that a Customer cancels an order once the order has been accepted by TPG and the deposit has been paid, the Customer shall be liable to make payment of a 25% handling fee and a reasonable administration fee. In the event that a layout was created, in addition to the aforementioned charges, the Customer will be charged R250.00 per layout.
Any orders that have been branded and paid for by the Customer and remain uncollected for a period of 30 (thirty) days will be regarded as abandoned and will be donated to charity.
DEFAULT OF THE TERMS AND CONDITIONS
The Customer shall be in default of its obligations in terms of the Agreement if it:
Fails to make any payment on due date and fails to remedy non-payment within a period of 7 days from the date of written notification to that effect from TPG;
Commits any other breach of any of the terms of the Agreement and fails to remedy such breach within a period of 7 days from the date of written notification to that effect from TPG;
Allows any judgment against it to remain unsatisfied for a period of 5 days;
Provisionally or finally sequestrated, liquidated, wound up or placed under business rescue or under curatorship.
Upon the Customer being in default, TPG shall without prejudice to any other rights that it may have a law or in terms of the Agreement be entitled to suspend any and all supply of or access to goods until such time as payment of all amounts owed is received or cancel the Agreement or claim specific performance or damages from the Customer.
LIABILITY
In addition to any other specific exclusions of liability contained herein, the Parties agree that the Customer shall have no claim against TPG for any loss or damage, of any nature, occasioned by any defect in any products supplied by TPG.
TPG shall not under any circumstances be liable for any consequential damages, special or otherwise, including but not limited to loss of business, loss of profits, whether foreseeable or not.
The Customer shall not have any claim against TPG for any delay or failure of TPG to carry out any of its obligations under this Agreement arising from or attributable to any acts of God, war terrorism, government, labour action or unrest, failure of suppliers or contractors or any other cause whatsoever beyond the control of TPG (“force majeure”). The performance of the obligations of TPG will be suspended for the duration of the force majeure, which will be deemed to commence only upon the date of written notice by TPG to the Customer. Upon cessation of the force majeure, this Agreement will again become fully operative, and the affected party will immediately resume its performance.
TPG shall not be liable for the actions or conduct of any entity or individual who has been appointed in the transportation of the goods to the Customer irrespective of which party gave the instruction to or paid such third-party transporter.
TPG and its affiliates attempt to be as accurate as possible. However, TPG does not warrant that product descriptions or other content on this site are accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in unused condition subject to the terms and conditions as outlined above.
Should the Customer fail to make payment upon due date, TPG shall not be held liable for any missed deadlines the Customer may encounter has a result of the delayed payment.
By placing an order with TPG, you represent that you have the authority to order, purchase and/or distribute merchandise containing the names, trademarks, logos, copyrights identified and/or submitted with your order and the Customer indemnifies TPG fully in this regard.
GENERAL
If any provisions of the Agreement are found to be unlawful, unenforceable or invalid, it shall be deemed to be separate and severable from the remaining provisions of the Agreement.
TPG reserves the right to amend these terms and conditions without prior notification.