The Corporate Gifting Warehouse Terms & Conditions
STANDARD TERMS AND CONDITIONS OF SALE
These Terms and Conditions govern all quotations, sales, supply of goods, services, and use of the website operated by The Corporate Gifting Warehouse (“the Company”).
By accepting a quotation, placing an order, or purchasing goods from the Company, the Customer agrees to be bound by these Terms and Conditions.
1. DEFINITIONS
Company: The Corporate Gifting Warehouse.
Customer: Any natural person, company, close corporation, partnership, trust, or other legal entity purchasing goods or services from the Company.
Goods: All products supplied by the Company including promotional merchandise, branded items, apparel, and imported products.
Order: Any written or electronic instruction placed by the Customer requesting supply of goods or services.
Artwork: Any logo, design, or branding supplied by the Customer for reproduction on goods.
2. APPLICATION OF TERMS
These Terms and Conditions apply to all transactions between the Company and the Customer.
Any terms proposed by the Customer which conflict with these Terms shall not apply unless expressly agreed to in writing by the Company.
No employee or representative of the Company has authority to alter these Terms unless confirmed in writing by authorised management.
3. QUOTATIONS
All quotations are valid for seven (7) days from date of issue and are subject to stock availability and supplier confirmation.
Quotations may be withdrawn or revised prior to acceptance due to supplier price changes, exchange rate fluctuations, freight cost increases, or import duties and taxes.
Prices listed on the website or catalogues are indicative only and do not constitute a binding offer.
4. ORDERS AND ACCEPTANCE
A Customer order constitutes an offer to purchase.
An order becomes binding only when the Company confirms the order in writing and receives the required deposit or full payment.
The Company reserves the right to refuse any order, cancel orders where stock is unavailable, or limit quantities supplied.
Payment of a deposit does not guarantee product availability until confirmed by the Company’s suppliers.
5. MINIMUM QUANTITIES AND PRODUCTION VARIANCES
Products are supplied subject to minimum order quantities.
In line with standard manufacturing practices, the Customer accepts that the Company may deliver up to 5–10% over or under the ordered quantity.
The Customer will be invoiced for the actual quantity supplied.
Slight variations in colour, material, finish, or size between samples, images, and delivered goods are considered normal manufacturing tolerances.
6. PRICING AND CURRENCY ADJUSTMENTS
All prices are quoted in South African Rand (ZAR) unless otherwise stated.
Prices are subject to change due to exchange rate movements, freight increases, or supplier adjustments.
Where imported goods are affected by currency fluctuations exceeding 5% between quotation and order placement, the Company reserves the right to adjust pricing accordingly.
7. PAYMENT TERMS
Unless otherwise agreed in writing, a 50% deposit is payable upon order confirmation and the balance is payable prior to delivery or collection.
Accepted payment methods include Electronic Funds Transfer (preferred), credit card (5% processing fee), and cash (5% handling fee).
Goods remain the property of the Company until paid in full.
The Company may charge interest on overdue accounts at 2% above the prime overdraft rate charged by its bankers.
The Customer shall be responsible for all collection costs, including attorney-and-client legal fees.
8. CREDIT ACCOUNTS
Credit facilities may be granted at the Company’s sole discretion.
The Company reserves the right to withdraw credit facilities at any time or require additional security or guarantees.
Should the Customer exceed approved credit limits, the Company may suspend supply until payment is received.
9. DELIVERY AND RISK
Delivery dates are estimates only and are not guaranteed.
The Company shall not be liable for delays caused by suppliers, shipping carriers, customs clearance, or force majeure events.
Risk in the goods passes to the Customer upon delivery to the Customer or delivery to the Customer’s nominated courier.
Signed delivery documentation shall constitute proof of delivery.
Claims for damaged or missing goods must be submitted within 24 hours of receipt.
10. COLLECTION OF GOODS
Goods must be collected within 10 working days after notification.
Goods remaining uncollected for 30 days may be resold, disposed of, or placed in storage at the Customer’s expense.
11. ARTWORK AND BRANDING
The Company provides two complimentary artwork revisions.
Additional revisions will be charged at R350 (excl. VAT) per change.
One logo redraw per order is provided free; additional redraws are R500 (excl. VAT).
Production will only commence once the Customer provides written artwork approval.
The Customer is responsible for verifying spelling, layout, colours, sizing, and positioning.
The Company shall not be liable for errors contained in approved artwork.
Pantone colour matching will be attempted but exact colour reproduction cannot be guaranteed across different materials.
Branding durability may vary depending on material, usage, and environmental conditions.
12. INTELLECTUAL PROPERTY
The Customer warrants that it holds all rights to any artwork supplied.
The Customer indemnifies the Company against any claims relating to copyright or trademark infringement.
Logos displayed on the website are examples only and do not imply endorsement.
13. IMPORTED PRODUCTS
Many products supplied are specially imported for the Customer.
Imported goods are considered final sale items.
No returns will be accepted for change of mind, incorrect colour or size selection, or surplus stock.
Branded products cannot be returned or refunded.
14. RETURNS AND DEFECTIVE GOODS
Claims for defective goods must be made within 48 hours of delivery.
The Company may, at its discretion, replace defective items or issue a credit note.
Liability shall not exceed the purchase value of the goods concerned.
15. CANCELLATION OF ORDERS
Orders cannot be cancelled once production has commenced or the goods have been ordered from overseas suppliers.
Any cancellation prior to this stage may be subject to administration or supplier cancellation fees.
16. LIMITATION OF LIABILITY
To the maximum extent permitted by law, the Company shall not be liable for indirect, consequential, or special damages.
Liability shall be limited to the value of the order concerned.
17. INDEMNITY
The Customer indemnifies the Company against all losses or damages arising from use of the goods supplied, reproduction of Customer-supplied artwork, or misuse or modification of the products.
18. FORCE MAJEURE
The Company shall not be liable for delays or non-performance caused by events beyond its control including natural disasters, labour strikes, civil unrest, supplier failure, shipping disruption, or power outages.
19. CONSUMER PROTECTION ACT
Where the Customer qualifies as a consumer under the Consumer Protection Act (CPA), the provisions of the CPA shall apply.
Where the Customer is a juristic person with asset value or turnover exceeding the CPA threshold, the CPA shall not apply.
20. POPIA AND DATA PROTECTION
The Company processes personal information in accordance with the Protection of Personal Information Act (POPIA).
Customer information will only be used for order fulfilment, invoicing, delivery, and legitimate business communication.
21. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the laws of the Republic of South Africa.
The Customer consents to the jurisdiction of the Magistrate’s Court notwithstanding that the claim may exceed its jurisdiction.
22. ENTIRE AGREEMENT
These Terms constitute the entire agreement between the parties.
No variation shall be valid unless recorded in writing and signed by both parties.