Terms and Conditions

Who the Client is buying from

The Goods sold on brandedworkwear.co.za are supplied by Branded Workwear.

Address: 69 Meridian Drive, Prestondale, uMhlanga, 4319, KwaZulu-Natal, South Africa
Telephone: 031 577 1131
WhatsApp: 081 391 4224
Email: info@brandedworkwear.co.za
Hours: 08:00 to 17:00, Monday to Friday

Application of these terms

These Terms and Conditions govern every Order placed with Branded Workwear, whether placed through the Website, by email, by telephone or by WhatsApp.
Placing an Order is acceptance of these Terms and Conditions by the Client.
These Terms and Conditions apply in addition to the Quotation. Where the Quotation and these Terms and Conditions conflict, the Quotation prevails on price, quantity, branding method and lead time.
The version of these Terms and Conditions published on the Website at the time an Order is placed governs that Order.

Definitions

‘Artwork’ means the logos, marks, designs, text, images and files supplied by the Client for application to the Goods.
‘Branded Goods’ means Goods to which Artwork has been applied by embroidery, screen print, digital transfer, laser engraving or any other branding method stated on the Quotation.
‘Client’ means the natural person or juristic person placing an Order.
‘Goods’ means the corporate clothing, workwear, headwear and corporate gifts supplied by Branded Workwear, whether blank or branded.
‘Mockup’ means a visual representation of the Client’s logo applied to the Goods, supplied with the Quotation.
‘Order’ means a request by the Client for the supply of Goods.
‘Proof’ means the written or digital representation of the Artwork as it will be applied to the Goods.
‘Quotation’ means a written quotation issued by Branded Workwear.
‘VAT’ means value added tax at the rate of 15%.
‘Website’ means brandedworkwear.co.za.
‘Working Days’ means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa, and ‘working hours’ means 08:00 to 17:00 on Working Days.

Goods supplied and branding methods

The Goods are supplied blank or branded with the Client’s logo.
Branding is applied by embroidery, screen print, digital transfer or laser engraving. The branding method for each Order is stated on the Quotation.
Availability of sizes and colours is confirmed on the Quotation.
Colours shown on the Website are a representation. Variation between the colour shown on a screen and the colour of the Goods delivered is not a defect.
Exact colour matching is not guaranteed across branding methods, fabrics and materials.

Quotations and pricing

Branded Workwear issues a written Quotation on request.
A branded Mockup is supplied with the Quotation at no charge, within 24 working hours of the request.
A Quotation is valid for the period stated on that Quotation.
A Quotation is prepared against the Goods, quantity and branding method stated in the request. A change to any of these requires a revised Quotation.
Prices displayed on the Website exclude VAT. VAT at 15% is added at checkout.
Quotations state VAT separately.
Prices exclude branding and delivery unless the Quotation states otherwise.
Branded Workwear may correct any error in a price, Quotation or description of the Goods before the Order is accepted.
Where an Order has been accepted at an incorrect price, Branded Workwear notifies the Client in writing, and the Client may either confirm the Order at the corrected price or cancel the Order and receive a full refund of any amount paid.

Orders and acceptance

Orders placed through the Website

An Order placed through the Website is an offer by the Client to buy the Goods at the price displayed.
The sale is concluded when Branded Workwear confirms acceptance of the Order in writing.
The Client must check the Goods, sizes, colours, quantities and delivery address before submitting the Order.
An error in a submitted Order must be reported in writing without delay. The error is corrected where the Order has not yet gone into production or been dispatched.
Branded Workwear may decline any Order.

Orders placed on a Quotation

An Order placed on a Quotation proceeds on the written acceptance of the Quotation by the Client and approval of the Proof by the Client.
No amendment to an accepted Order binds Branded Workwear unless Branded Workwear confirms it in writing.

Records of the transaction

The Quotation, the written acceptance, the approved Proof, the order confirmation and the invoice are sent to the Client by email and are the record of the transaction.
The Client must retain those records. Copies may be requested from info@brandedworkwear.co.za.
Branded Workwear keeps records of each transaction for the period required by law.

Artwork and proof approval

The Client must supply Artwork in a format suitable for reproduction. Where Artwork is not suitable, Branded Workwear advises the Client in writing.
Production of Branded Goods begins only after the Client has approved a written or digital Proof.
Proof approval must be given in writing. Approval by telephone is not accepted.
Errors in an approved Proof, including spelling, colour, branding position and branding size, are the responsibility of the Client.
Deviations from the approved Proof are the responsibility of Branded Workwear.
Branded Workwear is not liable for delays caused by late Proof approval or by changes to Artwork after the Proof has been issued.
Digitised embroidery files, screens and origination created for an Order remain the property of Branded Workwear.

Payment

Payment on delivery is available on Orders placed through the Website, in cash or by card to the driver or courier.
Payment terms for Orders placed on a Quotation are stated on that Quotation.
All payments must be made without deduction or set-off.
Where payment on delivery is refused or cannot be completed, the Goods are not handed over, and the cost of return and re-delivery is for the account of the Client.
The Goods remain the property of Branded Workwear until payment has been received in full.

Delivery, collection and risk

Delivery is by courier throughout South Africa at R150 excluding VAT per Order, and free on Orders of R1 000 or more excluding VAT.
Delivery cost is quoted with the Order and is based on the size, weight and destination of the consignment.
Lead times are stated on the Quotation and confirmed on approval of the Proof. Lead times are estimates.
Collection is available from 69 Meridian Drive, Prestondale, uMhlanga, by prior arrangement during working hours.
The Client is responsible for the accuracy of the delivery address and for a person being available at that address to receive the Goods. The cost of re-delivery arising from an incorrect address or a failed delivery attempt is for the account of the Client.
The Client may examine the Goods on delivery and may refuse Goods that do not match the description, the Quotation or the approved Proof, in terms of section 19 of the Consumer Protection Act 68 of 2008.
Risk in the Goods passes to the Client on delivery or on collection.
Damage in transit, shortages and incorrect Goods must be reported in writing within 48 hours of delivery, with photographs of the Goods and of the packaging.
Branded Workwear is not liable for delays caused by the courier.

Cancellation, cooling-off and returns

Cooling-off on unbranded Goods

A Client who is a natural person and who concluded the transaction electronically may cancel that transaction without reason and without penalty within 7 days after the date of receipt of the Goods, in terms of section 44 of the Electronic Communications and Transactions Act 25 of 2002.
Cancellation under this right must be given in writing to info@brandedworkwear.co.za.
The Goods must be returned in the condition in which they were received and in the original packaging.
The direct cost of returning the Goods is for the account of the Client.
A refund of the amount paid by the Client is made within 30 days of the date of cancellation.

Goods excluded from cooling-off

The cooling-off right does not apply to Goods made to the specification of the Client, in terms of section 42(2)(f) of the Electronic Communications and Transactions Act 25 of 2002. All Branded Goods and personalised Goods are Goods made to the specification of the Client.
Goods ordered as a special order are excluded from cancellation for change of mind, in terms of section 17 of the Consumer Protection Act 68 of 2008.
Branded Goods may not be returned for credit, exchange or refund, except where the Goods are defective or deviate from the approved Proof.

Cancellation of an Order by the Client

An Order for Branded Goods may not be cancelled after the Proof has been approved.
Cancellation of an Order before Proof approval must be given in writing.
Costs already incurred by Branded Workwear on a cancelled Order are for the account of the Client.

Orders not executed within 30 days

Where Branded Workwear fails to execute the Order within 30 days of the date of the agreement, the Client may cancel the agreement on 7 days’ written notice, in terms of section 46 of the Electronic Communications and Transactions Act 25 of 2002.
A refund of all amounts paid by the Client is made within 30 days of the date of cancellation.
This clause does not apply where a different execution period has been agreed between the parties in writing.

Defective goods and warranty

Where the Consumer Protection Act 68 of 2008 applies, the Client may return Goods that are defective or that fail to satisfy the requirements of section 55 of that Act within 6 months after delivery, and may direct that Branded Workwear repair the Goods, replace the Goods or refund the price paid for the Goods, in terms of section 56 of that Act.
Defects must be reported in writing to info@brandedworkwear.co.za, with photographs of the Goods.
No Goods may be returned unless Branded Workwear has given prior written authorisation.
Branding that deviates from the approved Proof is corrected or replaced at the cost of Branded Workwear.
The warranty does not cover:
- fair wear and tear;
- damage caused by misuse, neglect, accident or use for a purpose for which the Goods are not intended;
- damage caused by laundering or care contrary to the care instructions on the Goods;
- alteration of the Goods after delivery;
- branding applied to the Goods after delivery by any person other than Branded Workwear.
Where a defect affects part of a consignment, the remedy applies to the affected Goods.

Intellectual property and Artwork indemnity

All content on the Website, including text, images, layout and the Branded Workwear name and logo, is protected by copyright and may not be reproduced, distributed or published without the prior written consent of Branded Workwear.
Artwork supplied by the Client remains the property of the Client.
The Client warrants that the Client owns the Artwork or holds the right to use and reproduce the Artwork on the Goods.
The Client indemnifies Branded Workwear against all claims, damages, losses, costs and legal costs arising from the application of the Client’s Artwork to the Goods.
Branded Workwear may decline to apply Artwork where ownership of the Artwork or the right to use the Artwork is in question.
Branded Workwear does not use images of the Client’s Branded Goods for promotional purposes without the prior written consent of the Client.

Limitation of liability

Nothing in these Terms and Conditions limits or excludes any right of the Client under the Consumer Protection Act 68 of 2008 or the Electronic Communications and Transactions Act 25 of 2002 where those Acts apply.
Branded Workwear is not liable for indirect or consequential loss, including loss of profit, loss of business, loss of contract and loss arising from an event that did not proceed.
The liability of Branded Workwear on any Order is limited to the value of that Order.
Branded Workwear is not liable for any failure or delay in performance caused by an event beyond its reasonable control, including strike, fire, flood, riot, interruption of the electricity supply, failure of communication networks, failure by the courier and acts of government.
Branded Workwear is not liable for the suitability of the Goods for a particular purpose unless the Client stated that purpose in writing before acceptance of the Order and Branded Workwear confirmed it in writing.

Business and juristic person Clients

The Consumer Protection Act 68 of 2008 does not apply where the Client is a juristic person whose asset value or annual turnover equals or exceeds the threshold determined by the Minister in terms of section 6 of that Act.
The cooling-off right in section 44 of the Electronic Communications and Transactions Act 25 of 2002 applies to natural persons only and is not available to a juristic person.
Goods supplied to a Client to which the Consumer Protection Act 68 of 2008 does not apply are sold voetstoots, and all warranties implied by common law are excluded, except for the obligation of Branded Workwear to correct deviations from the approved Proof.
The person accepting these Terms and Conditions on behalf of a juristic person warrants that the person is authorised to bind that juristic person.
Overdue amounts bear interest at the rate prescribed in terms of the Prescribed Rate of Interest Act 55 of 1975, calculated from the due date to the date of payment.
The Client is liable for all costs incurred by Branded Workwear in recovering an overdue amount, on the attorney and own client scale.

Personal information

Branded Workwear processes personal information in terms of the Protection of Personal Information Act 4 of 2013.
The personal information collected is the name, contact details, delivery address and billing details of the Client, the Artwork supplied by the Client, order and payment history, and the content of correspondence with Branded Workwear.
That personal information is processed to prepare Quotations, Mockups and Proofs, to produce and deliver Orders, to invoice and collect payment, to deal with queries, returns and warranty claims, and to comply with legal obligations.
Personal information is made available to the personnel of Branded Workwear who require it for those purposes and to the courier engaged to deliver the Order.
Personal information is not sold or licensed to any third party.
Where personal information is stored or processed outside the Republic of South Africa, that transfer is made only where the recipient is subject to a law, binding agreement or binding corporate rules providing an adequate level of protection, as required by section 72 of the Protection of Personal Information Act 4 of 2013.
Direct marketing by electronic communication is sent only to a Client who has consented to receive it or who is an existing customer in respect of similar Goods. Consent may be withdrawn at any time in writing to info@brandedworkwear.co.za.
The Client may request access to the personal information held, request correction or deletion of that personal information, and object to its processing. Requests must be made in writing to info@brandedworkwear.co.za.
Personal information is kept only for as long as it is required for the purposes set out above or for the period required by law.
Branded Workwear applies reasonable technical and organisational measures to protect personal information against loss, damage and unauthorised access.
A complaint about the processing of personal information may be lodged with the Information Regulator, JD House, 27 Stiemens Street, Braamfontein, Johannesburg, or by email to complaints.IR@justice.gov.za.

Governing law and general

These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa.
The Client consents to the jurisdiction of the Magistrate’s Court in terms of section 45 of the Magistrates’ Courts Act 32 of 1944, without prejudice to the right of Branded Workwear to institute proceedings in a court of higher jurisdiction.
These Terms and Conditions, read with the Quotation and the approved Proof, are the whole agreement between the parties.
No variation of these Terms and Conditions binds Branded Workwear unless recorded in writing by Branded Workwear.
No indulgence granted by Branded Workwear is a waiver of any right.
Where any clause of these Terms and Conditions is found to be unenforceable, that clause is severed and the remaining clauses continue to apply.
Branded Workwear may amend these Terms and Conditions. The amended version applies to Orders placed after publication of that version on the Website.
Notices must be sent by email to info@brandedworkwear.co.za and to the email address supplied by the Client with the Order.

Complaints

Complaints about an Order, the Goods or a delivery must be made in writing to info@brandedworkwear.co.za and must state the order number, the Goods concerned and the relief sought.