Terms and Conditions

Terms and conditions

These are the terms and conditions on which BRANDKRAFT DESIGNS will carry out work for you. They will apply each time that you accept our proposals to do work for you, or carry out a Project. They set out our professional services and what you can expect from us. Please read them carefully.

Table of Contents

1. Hiring. 

2. Quotations and Estimates. 

3. Content and Materials Supplied by You. 

4. Purchase of Images. 

5. Scheduling and Production. 

6. Corrections and Alterations. 

7. Cancellation policy. 

8. Returns policy. 

9. Professional Liability. 

10. Confidentiality. 

11. Computation of Professional Fees. 

12. Payment and Invoicing ( Projects) 

13. Duration of agreement and its termination. 

14. Delivery & Collections. 

15. General 

1. Hiring

You may hire us to carry out a Project for you by either or all of the following:

1. Approving the design
2. Signing and returning a Purchase Order to us.
3. Accepting a Quote in writing or paying a stipulated deposit; or
4. Giving us written, emailed or verbal authorisation to commence a Project, as dictated by us.

2. Quotations and Estimates

If we provide, or have provided, you with a Quotation for the Project, then that Quotation:

1. Is based on the Specifications and is subject to change if the parties agree to amend the Specifications.
2. Is valid for a period of 7 days from the date we issue the Quote.

3. Content and Materials Supplied by You

1. You must supply to us all content and images you want us to use in the Project, and all other content and materials we reasonably request (Client Content). You must supply all Client Content at or before the execution of the Project.
2. You must supply all Client Content in the following digital formats:
   1. Text
   2. Images: High resolution (300dpi TIFF or JPEG files);
   3. Logos: Vector format
3. You warrant that the materials or content you provide to us, or that are provided to us on your behalf, are not in:
   1. Breach of any rights (including Intellectual Property Rights or Moral Rights) of any third party; or
   2. Compromise of the security or operation of our computer systems, through a virus or otherwise.
4. You indemnify, and agree to keep BRANDKRAFT DESIGNS, its directors, officers and employees indemnified, against all Loss arising out of the breach of any rights (including Intellectual Property Rights and Moral Rights) of any third party in connection with materials or content that you supply to us, or that are supplied to us on your behalf.

4. Purchase of Images

1. The Fees exclude any searches or purchases of photo images or other information
2. You can purchase images directly, or we can purchase photo images on your behalf. We may charge Additional Costs in respect of such purchases. We will endeavor to inform you of the expected Additional expenses.

5. Scheduling and Production

1. For most orders you have to formally approve the design before production begins, some may be informal
2. We may run production schedules for the Project in consultation with you.
3. If you delay in providing requested information or in providing feedback we request, then this will result in:
   1. The delivery deadline being affected; or
   2. If the delivery deadline cannot be shifted, additional costs being charged, including incidental costs. We will charge these as Additional Costs.

6. Corrections and Alterations

1. For clothing we require that you submit a ready to print artwork, minor adjustments and alterations are included in the price indicated. If, however, you are unable to provide us with an artwork you may submit a written proposal of what you want to be printed then we can come up with a design for it. All clothing shall be printed using vinyl and or sublimation technology. Therefore, drafts for clothes design shall only be sent for your approval for units that are at least 10+ per design. However, we will advise you if we cannot use your artwork at all. Please NOTE: We currently ONLY print a maximum of 2 colours on apparel except for light coloured polyester type which we can print full colour.
2. For other products such as banners and display systems we will send a draft for your approval unless if it is a straightforward assignment. Your artwork/content must be concise, requiring less than 1 hour’s design time to qualify for the price indicated.
3. The Fees provide for one alteration by you to the artwork drafts we provide.
4. If you request further editions or the addition of new information after the second proposal, resulting in any further drafts being supplied, the additional work will be charged as Additional Costs at our then current Professional Rates.
5. The alterations referred to in paragraph (a) do not include a change to the Specifications. If there are any changes to the Specifications after the Project has commenced, the additional work will be charged as Additional Costs at our then current Professional Rates.
6. Where possible, we will attempt to provide you with an estimate of Additional Costs prior to undertaking the additional work. However, in some cases due to deadline constraints, this will not be possible and we may proceed with the work without providing an estimate.
7. We do not guarantee colour matching against our drafts or client’s desired colours on the final product as these often shift due to scenarios like temperature fluctuations and material supplier.
8. Colours, shapes and sizes shown on our marketing materials may slightly vary with the actual product due to continuous product development or supplier variations.

7. Cancellation policy

You will not be able to cancel your order once production has commenced. 

8. Returns policy

1. We have a 7-day return policy, which means you have 7 days after receiving your item to request a return. Returns are on your own account and will only be re-imbursed if confirmed we were at fault.
2. To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.
3. To start a return, you can contact us at [email protected]. Please note that returns will need to be sent to the following address: 17 Maple drive, U43, Tristan Place, Northwold, Randurg, 2188
4. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.

    

   You can always contact us for any return question at [email protected]

5. Damages and issues

   Please do inspect your order upon receiving and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and rectify it.

6. Exceptions/non-returnable items

   Certain types of items cannot be returned, like custom made goods (such as special orders or personalized items); banners, custom printed apparel, or signage fall in this category unless the issue relates to quality.  Please get in touch if you have questions or concerns about your specific item.

    

   Unfortunately, we cannot accept returns on sale items or gift cards.

7. Exchanges

   The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item where applicable.

8. Refunds

   We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method within 10 business days. Please remember it can take some time for your bank or credit card company to process and post the refund too.

   If more than 15 business days have passed since we’ve approved your return, please contact us at [email protected] 

                Return address: 17 Maple drive, U43 Tristan Place, Northwold, 2188.

9. Professional Liability

1. If you are not a Consumer:
   1. Our liability to you for any Loss, however caused (including by our negligence), suffered or incurred by you in connection with this contract, whether or not you were aware of the possibility of such Loss to you when this agreement was entered into, is limited to the amount of Fees received by us from you under this agreement.
   2. The maximum amount you may claim from us for Loss suffered or incurred by you in connection with this agreement is limited to the aggregate amount of Fees which you have paid us at any time, less any amounts already paid out or due to be paid out by us to you for any reason; and
2. We are not liable for any
   1. Indirect or consequential loss, or any loss of revenue, loss of profit, loss of business opportunity, or
   2. Payment of liquidated sums, penalties or damages under any agreement sustained by you or any other
   3. Person arising from or in connection with the Project or this agreement.
   4. Loss you suffer or incur by in connection with this agreement that is caused by (or to the extent contributed to by) the acts or omissions of a third party; or
   5. Loss you suffer or incur due to factors outside our reasonable control.

If you are a Consumer, our liability to you for failure to apply with any applicable Consumer Guarantee is limited to (at our election):

1. In relation to goods:
   1. Replacing the goods or supplying equivalent goods (or paying the cost of either); or
   2. repairing the goods or paying the cost of having the goods repaired.
   3. In relation to services:
      1. Resupplying the services to you; or
      2. Paying the cost of having the services re-supplied.
2. If you are a Consumer, our liability to you for all Loss, however caused (including by our negligence), suffered or incurred by you in connection with this agreement, other than a failure by us to comply with any applicable Consumer Guarantee, is limited as set out in paragraph (a) above.
3. Paragraphs (b) and (c) do not apply:
   1. In relation to a Title Guarantee.
   2. To the extent that it is not Fair or Reasonable for us to rely on them; or
   3. In relation to Consumer Goods or Consumer Services we supply to you.
4. Any condition or warranty which would be implied by law as a term of this agreement is excluded.
5. In terms of materials and goods/assets delivered to us for working on them, we will endeavor to take utmost care when working on them, but we hold no liability as to any damage, theft or loss that may occur by any means whatsoever. Please remove all valuable items from the assets/vehicles before leaving our premises. You further indemnify us of the same that may happen to you when you enter our premises, you enter entirely at your own risk.

10. Confidentiality

(a) Both parties agree to keep in confidence Confidential Information of the other party. Thus not to disclose these terms and conditions (including any schedules), or any details of a Purchase Order or Quote. This obligation of confidence extends to Confidential Information obtained by a party before entering into this agreement.

(b) The obligation of confidence in paragraph (a) is to the extent required by law at the least. 

11. Computation of Professional Fees

1. If the Fees are not specified (in a Purchase Order, Quote or otherwise) at the commencement of the Project, prevailing market rates will apply for all work that we carry out for you during the Project.
2. Travel time may be charged based on our rate.

12. Payment and Invoicing (PROJECTS)

1. You must pay the Fees and Additional Costs to us within 7 days as they fall due after the date on which we issue you an invoice for those Fees and Additional Costs in accordance with this clause 11.
2. We may issue invoices for:
   1. Full upfront payment or
   2. 60% of Fees on delivery of Design Concepts to you or as the quote dictates.

Balance of Fees upon completion of order; and all Additional Costs upon completion / delivery of job to you, and we reserve the right to issue a “Work in Progress” invoice at the end of each calendar month for the Fees and Approved Expenses incurred up to the date of the invoice if the Project has been active for over 30 days and has stalled, been placed on hold or delayed by you.

13. Duration of agreement and its termination

1. Upon being set in motion by both parties, this contract will take effect: immediately and remain in force until the purpose of the Project has been achieved, unless it is legally prematurely terminated.
2. A party may terminate this agreement by notice in writing to the other party if:
   1. The other party commits a material breach of this agreement that is capable of remedy (including failure to pay any amount due under this agreement) and fails to remedy that breach within [14] days after receiving notice from the other Party to do so;
   2. The other party commits a material breach of this agreement that is not capable of remedy or
   3. The other Party becomes Insolvent.
3. We may terminate this agreement if:
   1. You do not provide any information or materials requested within a reasonable time after being asked to do so; or
   2. We consider that mutual confidence and trust no longer exist.
4. Upon termination of this agreement under paragraph (b) or (c):
   1. Our obligation to carry out the Project ceases.
   2. Each party’s rights and obligations accrued prior to termination are not affected.
   3. The license granted in clause 11(b) ceases; and
   4. Each party must immediately return to the other party (or destroy or delete as the other party directs) all Confidential information of the other party in its possession or control, except to the extent that the party needs to keep such information to comply with its record keeping obligations

14. Delivery & Collections

1. We deliver to all areas at rates determined by quotations or as indicated online. Free delivery for orders over R1000.00 within a 10km radius from our shop location. Delivery times vary from 2 to 7 days provided you have supplied us with all essential information regarding your order.
2. We will get in contact with you prior to delivery taking place. If there is no one to receive your order, you may incur additional charges for re-delivery.
3. You may collect your order from our shop, however other orders may only be delivered.
4. For other centres other than Johannesburg and Pretoria rates to be quoted separately.

15. General

1. Any notice given under this agreement must be in writing, addressed to the other party’s contact persons as notified by the other party.
2. We may choose to subcontract our obligations to you to other competent professionals at our own discretion.
3. All quotations are subject to stock availability.
4. Stock may not be available even if you managed to put it into a cart. This is sometimes beyond our control as we depend on our suppliers to manage stock levels for us. This will be communicated as soon as we discover.

Saturday 21 September 2024