TERMS AND CONDITIONS
DEFINITIONS AND INTERPRETATION
- “Affiliates” means any person, any entity controlling, controlled by or under common control with such person, in all cases directly or indirectly; and the term “control”, whether used as a noun, adjective or verb, refers to the possession, directly or indirectly, of the power to direct, or cause the direction of, the management or policies or a legal entity, whether through the ownership of voting securities, by contract or otherwise;
- “ECT Act” means the Electronic Communications and Transactions Act, No. 25 of 2002, as amended from time to time;
- “Intellectual Property Rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by Mashjoy Branding Solutions, now or in the future, including without limitation, Mashjoy Branding Solutions’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not;
- “Mashjoy Branding or Mashjoy Branding Solutions means Mashjoy (Pty) Ltd.
- Proprietary Limited, registration number 2018/282252/07, a limited liability private company duly incorporated in the Republic of South Africa, and its Affiliates;
- “Personal Information” shall have the meaning ascribed thereto in POPI;
- “POPI” means the Protection of Personal Information Act, No. 4 of 2013, as amended from time to time;
- “User” shall mean any person who enters and utilizes this website; and
- “Website” means www.mashjoybranding.co.za.
- Hyperlinks herein to legal documents shall be deemed part of these Terms in terms of Section 11(3) of the ECT Act. The fact that some or all of the hyperlinks may, from time to time, be non-operational, shall not affect the validity and interpretation of these Terms.
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PRODUCT SAMPLE POLICY
We understand that our clients require samples in order to close a deal. Mashjoy Branding’s sample policy is as follows:
- Samples are available for purchase and collection from our branch warehouses.
- Samples with an individual product price of less than R30 excluding VAT may not be returned.
- Samples with an individual product price of R30 excluding VAT or more may be returned for a refund or credit.
- Memory sticks may not be returned for credit. We recommend purchasing dummy memory stick samples.
- Samples must be returned in original condition as well as original packaging so that a refund/credit can be ensured.
- It may take up to a week to carefully check samples that are returned and once we are satisfied that samples are fit for resale we will issue the refund or credit note.
- Damage to any part of sample or packaging will result in samples not being accepted for return.
- Importantly, when returning samples, the original invoice relevant to the samples needs to accompany the returned goods before a credit note will be issued and a refund effected.
- EFT refunds are processed every Friday.
- All orders need to be paid for and collected within 5 working days of invoice date and if not paid and collected within this time, they will be cancelled.
- Sample orders may only be returned for credit, at your expense, to the Branch office or as advised by your sales consultant.
- Sample orders consisting of less than 10 line items can be emailed to the below email addresses: [email protected]
- You can place your orders online or email your Account/Sales Consultant.
- Sample orders that are emailed to the above email addresses and are received by 11h00 will be ready for your collection at the respective branches the following day.
- Clients may only return sample orders to the Mashjoy Branding office for credit, to be returned at your expense. These orders cannot be returned to our other branches.
- For clothing samples If the clothing is branded, we will charge a pre-production sample fee to cover the cost of the branding on the unreturned item.
BRANDING ARTWORKS TERMS AND CONDITIONS
ACCEPTABLE FILE FORMATS: .CDR / .EPS / .AI / .PDF / .FH
- Vector artwork is preferred.
- We accept PC format artwork only.
TIPS TO HELP YOU PREPARE YOUR ARTWORK
- All fonts must be converted to curves to avoid font substitutions.
- Please include font and size if typesetting is requested.
- Artwork for multi-colour imprints should be sent as a colour separated file (exceptions: digital printing).
- Formats we do not accept: Word files, .gif, .jpeg (under 600dpi), Power Point.
- Please forward the electronic artwork directly to your Account/Sales Consultant at Mashjoy Branding.
- Upon written approval of layouts please confirm with your Account/Sales Consultant that they have received your signoff. Alternatively you can do this online.
- Mashjoy Branding cannot take responsibility for non-delivery of orders if layout approval is not received.
- Branding will only commence once full payment for stock and branding has been received (where a client is not on payment terms) and artwork has been approved.
- If cheques are deposited into one of our four bank accounts, branding will only commence once payment has cleared (for clients not on payment terms).
- Unfortunately faxes can and do sometimes go missing. Please confirm that proof of payment has been received by your Account/Sales Consultant via email. Mashjoy Branding cannot take responsibility for missed deadlines if payment has not been confirmed with your Account/Sales Consultant.
- For fast clearing of orders please e-mail: [email protected]
- Reminders will be sent out daily if we require either approval or payment from you before commencing with a job. If you have paid for and approved the order and are still receiving these reminders, please contact your Account/Sales Consultant directly to ensure that we have received all the relevant information.
- Delivery dates are quoted from the day after artwork approval and receipt of payment – whichever is later.
- Amendments made to proofs will result in a delay to delivery date. Should you require changes, we will issue a new layout for final proofing before production commences.
- Artwork received and not received in the correct format will not be charged for.
- Orders received with incorrect artwork formats will be charged an Artwork Redraw fee of R250 including VAT. The Artwork redraw fee will only be applied to orders not exceeding R1000.
- Artworks for orders exceeding R1000 will be redrawn for free.
GENERAL TERMS AND CONDITIONS
- Once stock has been collected/delivered from/by Mashjoy Branding, Mashjoy Branding has no control over it. As such we do not accept responsibility for any damages or shortages not reported within 24 hours.
- Whilst every effort has been made to fulfil all orders correctly, should you take our goods to an external branding company, we ask that you check all items received BEFORE they get branded.
Mashjoy Branding cannot accept returns on incorrect items which have already been branded regardless of whether it’s Mashjoy Branding’s fault or not.
- It may take up to a week to carefully check the stock that is returned and once we are satisfied that stock is fit for resale we will issue the refund or credit note.
- In the case of stock being sent by courier to regions outside of Pretoria/Johannesburg (i.e. Durban, Cape Town etc), clients have 72 hours from time of collection by courier, to report missing or damaged items. No claims will be entertained thereafter.
- Once an order for memory sticks has been collected from us, we unfortunately cannot accept a return on it.
- We do not accept returns on discontinued and clearance items.
- We do not accept returns or changes to orders for items that need to be assembled – eg. PEN-730
- The ETA (estimated time of arrival) dates indicated for stock are updated regularly but due to unforeseen supplier, shipping or customs delays, these dates cannot be guaranteed.
- In the case of cheques deposited into one of our four bank account(s), stock will not be released until the funds have been cleared in our account.
- We do not accept cash for any orders since having cash on the premises is a security risk.
- We accept MasterCard, Visa and Debit cards (We do not accept Amex and Diners).
- We encourage EFT’s and have facilities at our offices to make Internet payments.
- Stock will only be released once proof of payment has been received. We encourage you to pay into our matching bank account ensure that your order is cleared immediately.
- Payments from outside South Africa take between 4 and 7 working days to clear. Orders will only be released once payment has reflected.
- For orders that require branding, branding will only commence once stock and branding has been paid for in full.
- Please contact your Account/Sales Consultant to confirm that we have received your proof of payment, once payment has been made.
- Mashjoy Branding cannot be responsible for missed deadlines if you have not confirmed that payment has been received.
ORDERS COLLECTED BY COURIER
- Please request a COURIER COLLECTION FORM from your Account/Sales Consultant or at our collections department. This is also downloadable at www.mashjoybranding.co.za.
- Please accurately complete all the required fields on the form and either email back to your Account/Sales Consultant or to our collections department, or else fax back to the number listed on the form. Clients who complete the form and return it several hours prior to their couriers (or drivers) collecting their orders, experience shorter waiting times and a more efficient experience overall.
- Please do not send your couriers to collect orders until you have received an email from Mashjoy Branding notifying you that your goods are ready for collection. Once the emailed invoice is received, your order is ready for collection.
- Please ensure that your courier knows who they are collecting for and how many orders they are collecting. All relevant invoice numbers must appear on the collection form.
- Stock will not be released to couriers until payment is received. Please do not send your courier to collect if you have not effected payment and provided proof thereof to Mashjoy Branding, and confirmed that we have received the proof of payment.
- If your account is in credit, please advise us upfront to use your credit to clear the relevant invoices otherwise your credit will not be used.
MASHJOY BRANDING CANCELLATION POLICY
- Written orders (faxed or by email) constitute a binding contract and are legally enforceable.
- Once an order to the value of R5000 or more has been emailed or faxed, cancellations prior to collection will be subject to a 15% handling and admin fee.
- All orders need to be paid for within 10 working days of invoice and if not paid within this time, will be cancelled with the relevant cancellation fees.
- Branding will not commence until full payment has been received for COD clients. Any orders not paid for within 10 working days will be deemed to have been cancelled, products will be put back to stock and a 15% handling charge will be levied where the invoice value is R5000 or more.
- In the case of cancelled orders where layouts have been done, a layout fee of R250 including VAT per layout will be levied, irrespective of whether we are able to meet your deadline or not, unless the branding deadline has been indicated to your Account/Sales Consultant upon placement of order.
- For customers who are on account, no cancellation of orders will be accepted once final approval of artwork has been received.
- Orders for clients on payment terms may not be cancelled after sitting on our shelves for 10 working days.
- Collected stock may not be returned, unless approved in writing by Management within 48 hours of collection, subject to a 25% handling and admin fee. Please do not return orders without prior written consent from Mashjoy Branding Management. Orders returned without accompanying written consent and corresponding invoice will not be accepted by our returns department.
- Once stock of an item that is on special or discontinued has been collected no returns will be accepted, unless said stock is faulty.
- Cancellation fees need to be paid before further orders will be processed.
THE FOLLOWING TERMS AND CONDITIONS WILL APPLY TO EVERY CLIENT:
(Everything else remains as per the above terms and conditions).
- Orders may only be placed online, over the phone, be emailed, or described over chat communication channels.
- A dedicated Account/Sales Consultant will be available to answer your queries.
- In-house branding will be available.
- Sample or bulk orders may only be returned for credit, at your expense, to the described Branch office.
BRANCH DELIVERY TERMS & CONDITIONS
- Once an order is processed, you will receive two emails or text messages. – The first will be acknowledgement of the order with a copy of the Sales Order or Proforma invoice. – The second will be an automated email informing you about the collection of your order/or dispatch of your delivery.
- If a branch is not selected or if delivery information is not supplied, the delivery will not take place (please note: you can select the blanket delivery option to have all future orders sent to the same branch, in which case this step will no longer be required).
- Mashjoy Branding will not be obliged to deliver orders if a branch has not been selected or if no delivery information is provided.
- Once you have successfully selected your branch delivery location, you will receive a confirmation email from Mashjoy Branding acknowledging your selection. – If this confirmation email is not received, the branch delivery request was unsuccessful and delivery will therefore not be effective. Mashjoy Branding will not be obligated to fulfil the delivery in this instance.
- For COD clients, orders will only be dispatched once POP has been received. Please note that payment has to reflect in our bank account in order for us to release the order.
- Due to limited storage space, orders are to be collected from our branches within 5 days of arrival. Stock not collected within this time will be returned to Mashjoy Branding fulfilment centres and the onus will be on you to collect the order at your expense and foot the bill of sending goods back to our product fulfilment centres.
- All sample orders that exceed 10 line items will be invoiced from our main warehouse and will be treated as a bulk order. These orders will require the branch delivery selection to be updated and payment to be made (and received by Mashjoy Branding). Delivery times for our South African branches are as follows – to Cape Town and Port Elizabeth is 48 hours and to Bloemfontein and Durban is 24 hours. Please note: should you need to return these sample items for credit, you are able to do so at either the branch offices as described by your sales consultant.
- Sample orders exceeding 20 line items that need to be returned for credit will only be accepted at the Mashjoy Branding’s office, to be returned at your expense. These orders cannot be returned to our other branches. Please note: we do not accept bulk order returns at any of our branches. Bulk order returns are subject to prior Management approval (these will attract a handling fee).
- Durban deliveries require 24 hours from the time of dispatch to arrive at the branch (excluding weekends).
- Cape Town deliveries require 48 hours from the time of dispatch to arrive at the branch (excluding weekends).
- Port Elizabeth deliveries require 48 hours from the time of dispatch to arrive at the branch (excluding weekends).
- Bloemfontein deliveries require 24 hours from the time of dispatch to arrive at the branch (excluding weekends).
- Namibia deliveries require 48 hours from the time of dispatch to arrive at the branch (excluding weekends).
- Botswana deliveries require 48 hours from the time of dispatch to arrive at the branch (excluding weekends).
- Deliveries to Namibia and Botswana are only done for clients residing in these areas. Please contact your Account/Sales Consultant for more detailed information about deliveries to Namibia and Botswana as they have different VAT implications.
- Should you require a guaranteed delivery date, please arrange for your courier to collect the order from Johannesburg. Mashjoy Branding will not be held responsible should the above delivery times not be met, whether through the fault of Mashjoy Branding or the courier company.
DELIVERY SERVICE (BOOKED VIA WEBSITE):
- Deliveries can be booked to destinations within South Africa only.
- Orders will only be dispatched for delivery once all invoices booked on the same delivery are ready for collection. If there are branded orders on the invoices booked for the same all job cards on the invoices must be ready for collection before the order is dispatched for delivery. The lead time for unbranded orders is approximately 4 hours. Lead times for branded orders must be checked with your Account/Sales Consultant.
- COD clients: branded orders that include delivery on the invoice will only proceed once the invoice is paid in full (including the delivery cost) and all job cards are approved.
- In cases where the delivery invoice is separate to the invoice/s being delivered, delivery will only take place once the delivery invoice is paid in full and the order/s being delivered are ready for collection. Payment for a delivery only invoice post orders being ready for collection may affect the delivery lead-time.
- Should you require a guaranteed delivery date, please book your delivery accordingly, bearing in mind the total lead-time for the invoice/s you are couriering. Mashjoy Branding will not be held responsible should the above delivery times not be met, whether through the fault of Mashjoy Branding or the delivery service.
- Deliveries must be booked by 1pm in order to leave Mashjoy Branding Branch warehouse on that day. Orders booked after 1pm will leave with the next day’s consignments.
- Day 1 of the delivery lead-time is the day after the goods have left Mashjoy Branding warehouse.
- Delivery lead-times are dependent on consignment weight, service selected and destination.
- As power banks contain lithium batteries they cannot be overnighted to areas where the overnight service requires that goods be airfreighted.
- Branding lead-times exclude delivery lead-times.
- Delivery cannot be cancelled once the order/s are on a collection shelf.
UNBRANDED BULK ORDERS:
- Unbranded bulk orders will be dispatched the day after both the payment has been received and the branch selection has been updated. If however your order is ready earlier, we will do our utmost to get it onto that days truck.
- If you place your order online, you can do so until 23h00 and your order will be dispatched the following day (provided payment is made and the branch delivery selection has been updated by 11h00 the following day).
- Branded orders that are due to be completed at 16h30 will be dispatched to the relevant branches on the same day (provided that the branch delivery selection has been updated before 15h00 on that day).
- Please send your proof of payment for all orders to [email protected]
- Your Account/Sales Consultant will contact you if any unforeseen issues arise.
- Should there be any delays from SAA Cargo, DSV or Triton, you will be notified via email.
- Mashjoy Branding will not be held responsible for such delays.
- Please do not attempt collection of an order until you have received the emailed notification stating that your order is now ready for collection.
- To view Mashjoy Branding’s full Terms & Conditions, please refer to the INFORMATION section on our website (https://mashjoybranding.co.za/terms-and-conditions/) The link can be found at the bottom of the homepage.
- These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
- This Website is controlled, operated and administered by Mashjoy Branding Solutions from its offices within the Republic of South Africa. Mashjoy Branding Solutions makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws.
- If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
- Mashjoy Branding Solutions’s failure to act with respect to a breach by the User does not constitute a waiver of Mashjoy Branding Solutions’s right to act with respect to subsequent or similar breaches.
- The User shall not be entitled to cede or assign their rights or delegate their obligations in terms of these Terms to any third party without the prior written consent of Mashjoy Branding Solutions.
- No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
- The headings of the clauses to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
- Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
- These Terms set forth the entire understanding and agreement between Mashjoy Branding Solutions and the User with respect to the subject matter hereof.