The Corporate Gifting Warehouse Terms & Conditions
STANDARD TERMS AND CONDITIONS OF SALE
These Terms and Conditions govern all quotations, sales, supply of goods, services, transactions, and use of the website operated by The Corporate Gifting Warehouse (“the Company”).
By accessing, browsing, using or interacting with the Website, requesting a quotation, accepting a quotation, placing an order, purchasing goods or services, or otherwise transacting with the Company, the User or Customer agrees to be bound by these Terms and Conditions.
A User does not need to purchase goods or services or become a Customer for the provisions relating to Website use, intellectual property, automated access, scraping, data extraction, security and Website Content to apply.
If a User does not agree to these Terms and Conditions, the User must discontinue use of the Website.
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.
User: Any natural person, juristic person, organisation, automated system, software, bot, artificial intelligence agent, or other entity accessing, browsing, interacting with, or obtaining information from the Website.
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.
Website: The Corporate Gifting Warehouse website and any associated webpages, online ordering platforms, product catalogues, and digital services operated by or on behalf of the Company.
Website Content: All information, data, and material displayed, transmitted, stored, or made available through the Website including, without limitation, product information, product names, descriptions, product codes, SKUs, variations, specifications, categories, pricing, branding information, stock or availability information, images, graphics, catalogues, downloadable files, metadata, databases, compilations, and the organisation or presentation of such information.
2. APPLICATION OF TERMS
These Terms and Conditions apply to all transactions between the Company and the Customer and to all access to and use of the Website.
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.
Public availability of Website Content does not constitute permission to copy, extract, reproduce, scrape, harvest, republish, or commercially exploit that content.
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. WEBSITE ACCESS, SCRAPING AND AUTOMATED DATA COLLECTION
13.1 Permitted Use
Users may browse publicly accessible portions of the Website for legitimate purposes relating to the Company’s products and services and may share links to publicly accessible Website pages.
Access to the Website does not grant any right or licence to systematically copy, extract, download, reproduce, republish, collect, harvest, aggregate, or commercially exploit Website Content.
13.2 Prohibition on Scraping and Automated Access
No person or entity may, without the prior written permission of authorised management of the Company, use any automated, programmatic, or systematic method to access, search, monitor, copy, download, extract, collect, harvest, or reproduce Website Content.
Prohibited methods include, without limitation:
- web scraping;
- crawlers, spiders, robots, or bots;
- automated browsers;
- scripts;
- data-mining or data-extraction software;
- artificial intelligence agents;
- automated API requests not expressly authorised by the Company; and
- any other automated data collection, retrieval, or extraction technology.
13.3 Protected Website Content
These restrictions apply to Website Content including, without limitation:
- product names and product codes;
- SKUs and variation information;
- product descriptions and specifications;
- product categories and categorisation;
- pricing and pricing structures;
- branding information and branding options;
- stock and availability information;
- images, photographs, and graphics;
- catalogues and downloadable files;
- product collections and relationships;
- Website structure and organisation;
- metadata;
- databases and compilations;
- search results; and
- other information or data displayed or made available through the Website.
These restrictions apply whether such content is owned by the Company, licensed to the Company, supplied by a third party, or compiled, organised, adapted, or presented by the Company.
13.4 Commercial Use and Competing Services
Without the Company’s prior written permission, Website Content may not be extracted, copied, reproduced, republished, aggregated, distributed, sold, licensed, or otherwise used:
- for unauthorised commercial purposes;
- to populate another website, online store, marketplace, catalogue, application, or database;
- to create, maintain, or enhance a competing product catalogue, website, platform, or service;
- for automated price monitoring or price comparison;
- for competitive intelligence through automated means;
- for lead generation or marketing databases;
- to reproduce the Company’s product selection, catalogue structure, or categorisation; or
- to develop, improve, or operate a competing product or service.
13.5 Artificial Intelligence and Machine Learning
Website Content may not, without the Company’s prior written permission, be systematically collected, copied, downloaded, extracted, or otherwise used for:
- training, fine-tuning, testing, or evaluating artificial intelligence or machine-learning models;
- retrieval-augmented generation systems;
- creating or enhancing datasets;
- grounding artificial intelligence systems, assistants, or agents;
- generating competing product catalogues, descriptions, or databases; or
- other automated processing intended to derive commercial value from Website Content.
13.6 Circumvention of Technical Measures
Users may not attempt to circumvent, disable, interfere with, bypass, or avoid any technical measure implemented by the Company to protect the Website or control access to Website Content.
This includes, without limitation:
- rate limits;
- CAPTCHA systems;
- robots.txt directives;
- bot-detection systems;
- firewalls;
- authentication requirements;
- access restrictions; and
- IP restrictions.
Users may not disguise, rotate, or manipulate IP addresses, user agents, accounts, proxies, or other identifiers for the purpose of avoiding these controls or continuing prohibited automated access.
13.7 Unauthorised Access and Website Interference
Users may not:
- attempt to gain unauthorised access to the Website, servers, databases, accounts, or associated systems;
- probe, scan, or test the security or vulnerability of the Website without written authorisation;
- interfere with the proper operation of the Website;
- impose an unreasonable or disproportionately large load on the Website or its infrastructure;
- introduce malicious code, software, or other harmful material; or
- attempt to disrupt the availability, integrity, or security of the Website or its data.
13.8 Search Engines
The Company may permit bona fide public search engines to crawl publicly accessible portions of the Website solely for the purpose of creating publicly searchable indexes that direct users to the Website.
Such permission does not extend to:
- commercial product databases;
- competing catalogues;
- price-comparison databases;
- artificial intelligence training datasets;
- commercial data aggregation; or
- republication of Website Content.
The Company reserves the right to restrict or withdraw such permission at any time.
13.9 Public Availability Does Not Constitute Permission
The fact that Website Content is publicly accessible does not constitute consent, permission, or authorisation to scrape, harvest, systematically copy, reproduce, republish, commercially exploit, or automatically process that content.
Failure by the Company to immediately detect, prevent, block, or take action against prohibited activity does not constitute consent, permission, waiver, or authorisation.
13.10 Enforcement
Where the Company reasonably believes that this section has been breached, the Company reserves the right, subject to applicable law, to:
- block or restrict IP addresses, accounts, systems, bots, or automated agents;
- suspend or terminate Website access;
- require the deletion of Website Content obtained without authorisation;
- issue cease-and-desist or takedown notices;
- notify relevant hosting providers, platforms, search engines, or service providers;
- investigate suspected unauthorised scraping, copying, or data extraction; and
- institute appropriate legal proceedings.
The Company reserves all rights and remedies available under the laws of the Republic of South Africa.
13.11 Written Permission
Any permission to scrape, extract, reproduce, commercially use, or automatically access Website Content must be expressly granted in writing by authorised management of the Company.
Permission granted for one purpose does not constitute permission for any other purpose and may be subject to conditions or limitations imposed by the Company.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. POPIA AND DATA PROTECTION
The Company