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The Promo Group Terms and Conditions

STANDARD TERMS AND CONDITIONS

These standard Terms and Conditions form part of the Agreement which governs the relationship between the The Promo Group (“TPG”) and the Customer. The acceptance of a quote by the Customer will be deemed as the Customer’s acceptance of TPG’s standard Terms and Conditions and will constitute a legally binding agreement between the Customer and TPG. By accepting a quote, you agree that you have read, understood and accepted all the Terms and Conditions and agree to be bound by and act in accordance with them.

1. PLACEMENT OF ORDERS

1.1. Quotations provided by TPG to the Customer shall be valid for a period of 5 (five) days from the date of the quotation.
1.2. In order to qualify for the prices reflected on TPG’s website, orders must have a minimum value of R1 000.00 in respect of branded goods and/or a minimum value of R500.00 in respect of unbranded goods. For orders less than the aforementioned, TPG must be directly contacted in order to obtain the relevant prices of the goods.
1.3. It is the Customer’s sole responsibility to determine whether the goods ordered are suitable and correct for the purposes of intended use of the goods. The Customer is responsible to ensure that the appropriate size and colour has been selected in respect of the goods. TPG shall under no circumstances be liable for any incorrect product, colour or size selection by the Customer.
1.4. Quotations are subject to the availability of the goods and 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/s. TPG’s receipt of payment of the Customer’s deposit does not constitute acceptance of the Customer’s order or the availability of the goods.
1.5. Quotations provided to the Customer are subject to increase prior to the acceptance of the order by TPG and the order has been confirmed with TPG’s supplier/s.
1.6. TPG is entitled to reasonably refuse any order placed by the Customer.

2. SAMPLES

2.1. A Customer may request to view samples of the goods at one of TPG’s showrooms. The Customer can arrange to view the samples with a TPG Account Manager.
2.2. A Customer may purchase samples of the goods prior to placing its final order with a TPG Account Manager.
2.3. The Customer will be liable for all courier and/or delivery fees in respect of samples.
2.4. Upon receipt of the invoice for the samples, the goods must be paid for and collected within 5 (five) business days from the date the invoice was sent by TPG. If the Customer fails to pay the invoice for the samples within the aforementioned time period, the sample order will automatically be cancelled. If the Customer has paid the invoice for the samples, but has failed to collect the goods within the abovementioned time period, the sample order will be cancelled. TPG shall exercise its sole discretion as to whether the Customer is entitled to a refund, however the Customer is not automatically entitled to it.
2.5. Samples with a value of less than R50.00 excluding VAT cannot be returned to TPG or its supplier for a refund.
2.6. Samples with a value of over R50.00 excluding VAT may be returned within 3 (three) business days to TPG or its supplier from the date that the goods were delivered and the Customer shall be entitled for a credit or a refund of the purchase price.
2.7. In order for the Customer for qualify for a refund upon the return of the samples –

2.7.1. The samples must be returned in accordance with paragraph 2.5;
2.7.2. The samples must be in the same and original condition and in its original undamaged packaging. TPG is entitled to exercise its reasonable discretion to determine whether the samples are in the same and original condition and whether the packaging is considered damaged or not;
2.7.3. The original invoice relevant to the samples must accompany the returned goods.

2.8. TPG shall not accept the return of hamper samples or memory stick samples unless the samples are regarded as ‘dummy samples’.
2.9. 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 by the owners of the artwork, design or trademark.

3. ARTWORK FOR PROMOTIONAL BRANDED PRODUCTS

3.1. The Customer is entitled to revise its artwork free of charge on 2 (two) separate occasions. Thereafter, any additional changes requested by the Customer will be charged at R350.00 excluding VAT per change.
3.2. TPG shall not be held liable for any delayed delivery date in the event that:

3.2.1. the Customer has delayed providing the artwork to TPG; or
3.2.2. the Customer has delayed the approval of the artwork;
3.2.3. the Customer has requested additional changes to the artwork.

3.3. No work will commence until TPG is in receipt of the duly completed signed off network. If any changes are required, TPG will issue a new layout for final proofing before production starts.
3.4. For the Customer to sign off on the artwork, TPG shall furnish the Customer with an artwork approval via e-mail, illustrating the appearance of the artwork on the Customer’s chosen product. The Customer is required to thoroughly review the artwork in respect of, inter alia, spelling, fonts, colours (stipulate pantones if you require them and they are not shown) and sizes. The Customer is required to sign off on the artwork in writing. Once the Customer has approved the artwork in writing, the artwork is considered final and TPG shall not be liable for any errors of any nature that the Customer failed to identity and bring to TPG’s attention.
3.5. Once the artwork has been approved by the Customer, any additional charges requested by the Customer will be charged to the Customer.
3.6. All layouts sent in colour via e-mail are not a true and accurate reflection of the colour but a mere indication of what the final product will look like.
3.7. The Customer is aware and acknowledges that branding of promotional products is not always permanent and can reasonably wear off over time. The Customer accepts the aforementioned and waives any claim against TPG in this regard.
3.8. Printing colours will be matched as closely as possible to pantone colours or swatches supplied, however TPG does not guarantee a 100 (one hundred) percent colour match and/or colour consistency on different materials.

4. SPECIALLY IMPORTED GOODS

4.1. 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, claims or losses suffered by the Customer as a result of any delays in the delivery of specially imported goods.
4.2. The Customer will be required to make payment of a 75 (seventy five) percent deposit in respect of all specially imported goods.
4.3. 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.

5. PRICE AND PAYMENT

5.1. TPG makes every effort to ensure that the pricing information on its website and contained herein is accurate and up-to-date. However, we cannot guarantee 100 percent accuracy at all times. Pricing is subject to change and while TPG will strive to keep the website and terms and conditions updated, there may be instances where the displayed and stated pricing is not current. TPG shall not be liable for any inaccuracies or errors in the pricing information displayed on the website and contained herein and it is recommended that you confirm all prices with an authorised representative. The Customer agrees that TPG is not responsible for any discrepancies in pricing and that it cannot be held liable for any losses or damages incurred as a result of relying on inaccurate pricing information.
5.2. A 50 (fifty) percent deposit of the invoice must be paid by the Customer upon placement of the order.
5.3. The remaining 50 (fifty) percent 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.
5.4. 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.
5.5. Should a client make payment after the 5 (five) day period referred to paragraph 1.1 has lapsed, TPG has in its discretion to adjust the purchase price accordingly and the Customer will be liable for any shortfall of the purchase price.
5.6. 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.
5.7. Any cash payments made by the Customer will incur a 5 (five) percent cash deposit fee.
5.8. Any credit card payments will incur a 5 (five) percent processing fee.
5.9. 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.
5.10. 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.
5.11. 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.
5.12. All discounts shall be forfeited to the Customer if payment of the invoice in full is not made on due date.
5.13. 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.
5.14. 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 (two) percent above the prime overdraft rate of our Bankers at the time of the monthly calculation.

6. DELIVERY AND COLLECTION OF GOODS

6.1. The goods will be collected alternatively delivered to the Customer once such order is ready.
6.2. 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.
6.3. In respect of branded goods, if the client fails to collect any orders within 10 (ten) business days from the date TPG has notified the Customer that the order is ready for collection, TPG will notify the Customer and should an additional 3 (three) business days lapses from such notification that the goods are ready for collection and the goods have not been collected, TPG is entitled to cancel the order and the goods will be returned to stock or sold to offset any costs that TPG has incurred. Any amount paid by the Customer in respect of the goods is non-refundable.
6.4. In respect of unbranded goods, if the client fails to collect any orders within 7 (seven) business days from the date that TPG has notified the Customer that the order is ready for collection and the Customer fails to collect the order, TPG is entitled to cancel the order and any amounts paid by the Customer in respect of the goods is non-refundable.
6.5. The Customer can request that TPG insure the goods, which all associated costs will be for the Customer’s account.
6.6. 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.
6.7. TPG shall not be liable for any damages, losses or any claims of whatsoever nature suffered or incurred 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.
6.8. It is the Customer’s responsibility to report any damaged or missing goods to the TPG Account Manager within 24 (twenty four) hours of receiving such goods. TPG will not entertain any claims thereafter.
6.9. 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 (twenty four) hours with pictures of the damaged packaging. TPG is entitled to investigate the matter and may authorise that the Customer be refunded, alternatively the goods will be replaced.
6.10. In the event that the Customer refuses delivery of the goods or the goods 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.
6.11. 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.
6.12. Ownership and risk in the goods 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 goods shall remain vested with TPG until fully paid for, notwithstanding anything to the contrary herein or in any contract of carriage, insurance, or finance.

7. RETURNS AND REFUNDS OF GOODS

7.1. No goods may be returned or exchanged by the Customer unless written authorisation has been obtained from TPG within 24 (twenty four) hours from the date of delivery or collection of the goods. In the event that the Customer wishes to return or exchange the goods and:

7.1.1. the goods are unbranded and the order has not been delivered but has been pulled and packed by the warehouse; or
7.1.2. the goods are branded but have not yet gone into production, but the artwork has been generated and the goods have been pulled; or
7.1.3. the goods are unbranded and has been delivered to the Customer and the Customer wishes to return the goods for no sound reason, the Customer shall be liable to pay 25 (twenty five) percent of the purchase price and any courier costs to TPG which shall constitute a handling fee.

7.2. TPG will not accept returns or exchanges on any branded or custom-made goods.
7.3. TPG will not accept returns on memory sticks.
7.4. No goods may be returned to TPG’s physical address, unless prior written arrangement has been made with TPG.
7.5. Should the Customer request a refund:

7.5.1. Unbranded goods will need to be returned to TPG or TPG’s designated supplier in order to deem if the goods are in the same and original condition received before a refund can be process.

7.6. In the event that the Customer has selected the incorrect goods, colour or size of the goods, the Customer will be required to accept the goods “as is” and reorder the correct goods. Should TPG make an error to no fault of the Customer in respect of any incorrect goods, colour, branding or size, the Customer will be required to return the goods and thereafter and upon confirmation by TPG, the refund will be processed.
7.7. Upon confirmation that TPG will refund the Customer, the refund will take approximately 30 (thirty) 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.

8. CANCELLATION OF ORDER

8.1. 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 (twenty five) percent handling fee.
8.2. Branded orders cannot be cancelled and the Customer shall be liable for the full purchase price.
8.3. Any orders that have been 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.

9. DEFAULT OF THE TERMS AND CONDITIONS

9.1. The Customer shall be in default of its obligations in terms of the Agreement if it:

9.1.1. Fails to make any payment on due date and fails to remedy non-payment within a period of 7 (seven) days from the date of written notification to that effect from TPG;
9.1.2. Commits any other breach of any of the terms of the Agreement and fails to remedy such breach within a period of 7 (seven) days from the date of written notification to that effect from TPG;
9.1.3. Allows any judgment against it to remain unsatisfied for a period of 5 (five) days;
9.1.4. Provisionally or finally sequestrated, liquidated, wound up or placed under business rescue or under curatorship.

9.2. 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 retain any deposit/amounts paid by the Customer, suspend any and all supply of or access to goods until such time as payment of all amounts owed is received, alternatively cancel the Agreement or claim specific performance or damages from the Customer.

10. LIABILITY

10.1. 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.
10.2. 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.
10.3. 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.
10.4. 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.
10.5. 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.
10.6. Should the Customer fail to make payment upon the due date, TPG shall not be held liable for any missed deadlines the Customer may encounter as a result of the delayed payment.
10.7. 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.

11. GENERAL

11.1. 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.
11.2. TPG reserves the right to amend these terms and conditions without prior notification to the Customer.