Terms & Conditions for use of the Tensim Website

Introduction and Agreement

Welcome to our website and thank you for using this site and for purchasing from Tensim. Your use of the Tensim website indicates your acceptance of these terms and conditions and your agreement to follow and be bound by them.

Purchases made from the site are subject to the terms and conditions of this Agreement, to the exclusion of all other terms. By your use of this site, you acknowledge that you have read, understood and agreed to be bound by this Agreement, and the other policies displayed on this site. The Company is hereinafter referred to as ‘The Company’. The Company is a PTY limited company within South Africa. In the case of “website” being referred to in another context, other than to website including The Company Online Site, this is the exception. The purpose of the website is the promotion of sales of The Company’s Products and other Products (‘the Products’). On this Site, by shopping or browsing, you agree to: Acknowledging and accepting that you have read The Company’s Terms and Conditions and understood their legality. Including the policies present on this website. Be held accountable to these terms and conditions including the policies. (jointly “The Agreement”) IF YOU DO NOT AGREE OR ACCEPT TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT MAKE USE OF THIS SITE.

1. COPYRIGHT AND INTELLECTUAL PROPERTY

• 1.1 All rights not expressly granted are reserved.
• 1.2 The Company grants users the right to download, view and print content from the Company Internet site for the sole purpose of browsing the site and placing an order with the Company. No commercial or non-private use is permitted without prior written consent obtained from the Company.
• 1.3 Any unauthorized use of the materials appearing on the Company Internet site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Please note certain images and descriptions are the copyright of the service providers concerned.
• 1.4 The Company cannot screen or edit all the content available from the Company site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform the Company of any content that may be offensive or illegal.
• 1.5 All intellectual property rights, including copyright, in all materials, including trademarks, logos, photographs, images, text and other graphics which form part of the Site are owned by the Company alternatively the Company is the lawful user thereof. Such rights are protected by both South African and international intellectual property laws. All data and information communicated to or from the Site and/or any Site information as well as the database is the sole property of the Company. The Company grants you permission to view, electronically copy and print portions of the Site for the sole purpose of placing an order with the Company for any of the Products. Any use of materials on the Site other than for the purpose noted above including, without limitation, the unauthorized submission, removal, modification, dissemination, copying or distribution of copyrighted or other proprietary content, without the prior written consent of the Company and/or the lawful trademark and/or copyright owner (if applicable), is prohibited and constitutes an unlawful infringement of the intellectual property rights of the Company and/or such trademark and/or copyright owner.
• 1.6 If the above mentioned is not complied with and any materials on this website are used without previous consent granted from The Company and/or the lawful trademark and/or copyright owner where applicable, is prohibited and constitutes an illegal violation of The Company and/or such trademark and/or copyright owner intellectual property rights. Such instances include without limitation, unofficial submission, removal, alteration, circulation, replication or spreading of copyrighted or any other registered content.
• 1.7 "Tensim", the Tensim logo as well as the Company logo and all other marks, logos and trade names appearing on this Site are trademarks of either the Company, its holding company or affiliates in the Republic of South Africa, or of third parties who have authorized the Company to display such trademarks on the Site. Nothing contained on this Site should be construed as granting, by implication or otherwise, any license or right to use any of the trademarks displayed on this Site without the express prior written consent of the Company. Your use of any of the trademarks displayed on the Site or in any of its contents is strictly prohibited. You may not copy, reproduce, publish, upload, post, transmit, distribute or modify any of the trademarks appearing on this Site. You further undertake not to infringe any right of the Company or trademark owners in respect of such trademarks. The use of the trademarks on any other website or networked computer environment is prohibited.

2. APPLICABLE LAW & COMPLIANCE WITH STATUTORY CONSUMER PROTECTION PROVISIONS

• 2.1 The Company website is controlled and operated from the Republic of South Africa and therefore governed by South African Law. All communications and transactions concluded using the website, are governed by, and you agree to, the application of the laws of South Africa. Any limitations on implied warranties or the exclusion or limitation of certain damages which may be applicable under the laws of other jurisdictions are expressly waived by you, and to the extent that they cannot be waived, you shall not enter into any transactions with the Company.
• 2.2 The Company adheres to the provisions of Chapter VII of the Electronic Communications and Transactions Act 25 of 2002. This legislation provides protection to consumers and the provisions of the Act are relevant to commercial transactions that may be effected on the Company.
• 2.3 You shall not use this Site to send or post any message or material that is unlawful, harassing, defamatory, abusive, threatening, obscene, sexually orientated, racially offensive, profane or which violates any applicable law and you hereby indemnify the Company against any loss, liability, damage or expense of whatever nature which the Company or any third party may suffer, and which is caused by or attributable to, whether directly or indirectly, your use of the Site.

3. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

• 3.1 You expressly agree that use of the site or the Internet is entirely at your own risk. The site and its contents are provided on an "as is" and "as available" basis and the Company make no representations or warranties of any kind, whether express or implied, including without limitation with respect to the site, its contents, the accuracy thereof, or any warranties or representations regarding the effectiveness of any security or encryption facilities or regarding the availability of products and/or delivery arrangements and times. It is your responsibility to satisfy yourself, prior to entering into this Agreement, that the service available from and through this Site meets your requirements and is compatible with the hardware and/or software used by you.
• 3.2 By accessing this Site you warrant and represent to the Company that you are legally entitled to purchase the Products and that all the details you have provided are true and complete.
• 3.3 Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of the Company. You are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.
• 3.4 To the full extent permissible by South African law the Company, its employees, suppliers or service providers disclaim all representations and warranties, express or implied, including but not limited to warranties as to the availability, accuracy or content of information, products or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services.
• 3.5 The Company does not warrant that the functions provided by the Site will be uninterrupted or error free, or that the website or its servers or e- mails sent from the Company are free from viruses or other harmful components or code.
• 3.6 Save as expressly set out herein, the Company shall under no circumstances whatsoever be liable to you, including without limitation, as a result of or in connection with the Company’s negligent (including grossly negligent) acts or omissions or those of the Company’s employees, agents, representatives, sub-contractors, designees or other persons for whom in law the Company may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (and whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonable foreseeable), sustained by either you, the recipient of the Products or services, or any other person arising from or as a result of any sale concluded in terms of this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery, the use or possession of the Products or services.
• 3.7 The Company, its directors, employees, designees, sub-contractors, agents, representatives, affiliates and suppliers shall not be liable for any loss, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon the Site (including any information contained thereon) or the Internet.
• 3.8 You hereby indemnify the Company from and against any loss or damage suffered or liability incurred including, without limitation, in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the Site and/or in terms of this Agreement and/or in relation to the receipt of Products or services supplied by the Company pursuant to any such order.
• 3.9 Notwithstanding any other provisions contained herein, the Company's liability whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time more than one and a half times the monetary value of the order in respect of which any such dispute or claim arises.

4. ELECTRONIC COMMUNICATION

• 4.1 When a user visits the Company Site, or sends e-mails to the Company, that user consents to receiving communications from the Company electronically and agrees that all agreements, notices, disclosures and other communications sent by the Company satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".
• 4.2 The user agrees that the Company may at its discretion store all electronic communication of the user.
• 4.3 When you use or visit this Site, or send electronic communications to the Site including, without limitation, e-mails or place orders for Products, you:
  • 4.3.1 Consent to receiving communications from the Company electronically.
  • 4.3.2 Agree that all notices, disclosures and other communications sent by the Company, including this Agreement, satisfies any legal requirements, including but not limited, to the requirement that such communications should be ‘in writing’
  • 4.3.3 Agree that the Company may use your information to contact you about promotions and special offers if you have indicated during registration that you would like to receive such information. You are entitled, at any stage, to opt out of this service. We shall not sell or rent information about you including, without limitation, your name, identity number, address, email address and contact telephone number (“personal information”) to any third parties
  • 4.3.4 Agree that the Company may disclose your personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as otherwise required by law, e.g. for accounting purposes.

5. ONLINE SITE TERMS

• 5.1 Registration and/or use of the Tensim Online Site constitutes acceptance of this Agreement by you and shall accordingly apply as between the Company and yourself.
• 5.2 To buy Products on the Tensim Online Site you must be over the age of 18 (eighteen) and be the holder of a valid credit card (e.g. a MasterCard or Visa card) ("Credit Card"). Or have access to electronic banking in order to make payment via EFT.
• 5.3 To register to buy Products you will be required to provide us with your personal information including payment details and your South African delivery address and contact information to enable us to verify who you are and deliver any Products that you have bought.
• 5.4 You may be required to choose a user name and a password or elect to checkout as a guest customer. Please keep your password secret. The Company accepts no liability for any damages suffered or losses incurred as a result of the misuse or loss of your password. In this regard you represent and warrant that your user name and password shall be used for personal use only and not be disclosed to any third party.
• 5.5 You will be required to login with your username and password each time you want to buy Products on the Tensim Online Site.
• 5.6 Should you want to review and/or change any of your particulars please go to ‘My Account’.
• 5.7 Guest customers will not have a registered account. You will be able to track and trace the progress of your orders delivery, using the link in the email that is sent to you. Your delivery address and contact details are required to facilitate the delivery of your order.

6. AGREEMENTS OF SALE

• 6.1 An agreement of sale in respect of a Product between the Company and you only comes into effect if and when a Credit Card authorisation is received by the Company from the issuing bank or when the Company’s bank statement reflects your payment via EFT, and the order has been invoiced.
• 6.2 Only when the Company has accepted your offer and the acceptance is communicated to you, will an enforceable agreement of sale be transacted.
• 6.3 Should the deposit be made by cheque 10 (ten) working days are required for the cheque to clear.
• 6.4 The products which appear on the Company’s website or any related sites are displayed as an invitation to do business and to allow you to make an offer to purchase the products to Tensim.
• 6.5 The Company reserves the right to refuse, to accept and/or execute an order without giving any reasons. The Company also reserves the right to cancel orders in whole or in part in its sole and absolute discretion as circumstances dictate. The Company shall only be liable to refund monies already paid by the user. A delivery fee will be charged each time Products are delivered to you.
• 6.6 The user agrees that any offer to purchase goods or services on the Company site constitutes on their behalf agreement and sufficient consent for the Company to undertake any credit checks deemed necessary.
• 6.7 The price of any products or services sold through The Company shall be confirmed on the acceptance of your order. The Company shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, the Company will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid. Please also note that Tensim reserves the right to alter prices without prior notice.
• 6.8 All communications with the Company facilitated by the Company website, the Company call centre, or email communicated between you and the Company shall be deemed to have been received, in the case of communications initiated by the Company, when the communication leaves the Company website or email server, and in the case of communications initiated by you, when it is received on the Company website or email server. Acceptance by the Company of an order placed by you shall be deemed to have been made and an agreement entered into, when communication of the acceptance leaves the Company website or email server. Artwork should be carefully checked when signing of the proof as we will not be held responsible for any incorrectly branded goods.

7. PRICING

• 7.1 Subject to availability, the price you pay for Products will be the price on your quote.
• 7.2 Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations. Time-based pricing is only available during the times and dates stipulated on the Site.
• 7.3 All prices are quoted in South Africa Rand (ZAR) and exclude VAT at the rate of 15%, unless otherwise stipulated. Delivery costs are calculated taking into account the area of delivery as well as the weight and product dimensions of each Product being delivered and are quoted separately.
• 7.4 Whilst all precautions are taken by the Company to provide the correct pricing on the Site and in the quote, in the event that an error does occur, the Company will make every effort to contact you to cancel the purchase and provide a full refund for the original amount paid. As such the Company will not be obliged to provide you with the affected Product at such incorrect price.
• 7.5 Free delivery promotions are limited to web orders only.

8. CUSTOMER COSTS

• 8.1 The prices of some products are displayed with the product. For others, please request a quote. The cost of shipping is charged to you, unless you are in Cape Town, whereupon delivery is free.
• 8.2 The customer can arrange for their courier to collect, or the Company will do so and charge the, customer for delivery accordingly. Delivery costs are calculated on weight, size and destination.
• 8.3 Value added tax at the rate of 15% is charged on goods bought by South African residents.
• 8.4 The cost of shipping outside the borders of South Africa is available on request. The cost will be determined following the request. Import duties may be payable by recipients of goods in foreign countries. The Company does not know what levies may be payable and cannot calculate or estimate such costs. VAT is not payable on international orders.
• 8.5 The Products displayed on this Site are subject to availability. The Company reserves the right, without prior notice, to discontinue or change pricing or specifications on Products and services offered on this Site without incurring any liability whatsoever.
• 8.6 Artwork received in the correct format will not be charged for. Artwork not received in the correct format will attract a redrawing fee of R200 excluding VAT. This fee will accommodate 2 further changes to the layouts, where after any additional changes will be charged for at R100 excluding VAT per change. Branding cancelled after layouts have been generated will be charged for at R100 excluding VAT per layout completed.
• 8.7 Orders placed on the Company Online Site constitute your offer to purchase Products subject to this Agreement. Your offer is deemed to have been accepted by the Company when payment is received from the issuing bank in the case of payment via Credit Card, or when your payment reflects on the Company’s bank statement in the case of payment via EFT. Failure by the Company to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.

9. PAYMENT METHODS

• 9.1 All items to be paid in full before printing. Please send us proof of payment to prevent printing delays. All other transactions are strictly COD. The Company accepts bank deposits.
• 9.2 The exact amount must be paid;
• 9.3 The payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer;
• 9.4 No transfers must be made from ATM's;
• 9.5 Cheque deposits are subject to a clearing period;
• 9.6 Unpaid bank deposit orders are cancelled after eight business days.
• 9.7 Prior to delivery of the Products to you, the Company shall be entitled to debit the Credit Card supplied by you on acceptance of your order should you be paying with a Credit Card.
• 9.8 Should you pay for the Products via EFT the Products will only be delivered to you once your payment has cleared in the Company’s bank account and is reflected as a payment on the Company’s bank statement within 3 working days of date of the placement of your order.
• 9.9 We do not accept cash for any orders.
• 9.10 We accept MasterCard, Visa and Debit cards
• 9.11 Payments from outside South Africa take between 4 and 7 working days to clear. Orders will only be released once payment has reflected.
• 9.12 Please contact your Account Executive to confirm that we have received your proof of payment, once payment has been made.
• 9.13 The Company cannot be responsible for missed deadlines if you have not confirmed that payment has been received.
• 9.14 By submitting an order to buy Products you:
  • 9.14.1 Represent and warrant that you are over the age of 18 (eighteen).
  • 9.14.2 Represent and warrant that you are authorised to make payment with a Credit Card if you are paying via this mechanism.
  • 9.14.3 Represent and warrant that there are sufficient funds available to pay for the order.
  • 9.14.4 Consent to us providing your personal information to our third-party payment provider, which is necessary to enable us to perform our obligations in terms of this Agreement.
• 9.15 In order to protect our interests as well as yours, the Company may scrutinize transactions to prevent attempted fraud. A transaction may be refused if the Company is not satisfied that it is legitimate.
• 9.16 No other method of payment, including by gift vouchers, will be accepted by the Company in respect of the purchase of Products on the Tensim Online Site.

10. STOCK AVAILABILITY

• 10.1 Stocks of all goods on offer are limited. The Company shall take all reasonable efforts to inform you about stock availability or discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, the Company shall only be liable to refund monies where it is unable to fulfil orders at advertised prices.
• 10.2 The Company cannot always guarantee availability of stock. If we are unable to supply each and every Product ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items correctly delivered.
• 10.3 Under no circumstances will the Company be liable to you for failing to supply Products ordered by you if the shortage of stock or capacity is due to circumstances beyond the Company’s control. In such circumstances the Company will take reasonable steps to inform you of the shortage of stock or capacity as soon as it is practicable to do so.

11. DELIVERIES

• 11.1 The Company makes every effort to assure that the information supplied on the site is accurate. Where delays and out of stock situations occur, every effort will be made to inform you.
• 11.2 The Company does not normally deliver via courier outside the borders of South Africa. All goods to international addresses are usually sent via airmail parcel post. Delivery usually takes places within two or three weeks after dispatch – however, seasonal peaks and delays at customs etc are outside the control of the Company and deliveries may take longer. It is possible to courier goods to international addresses. The costs are determined on an ad hoc basis.
• 11.3 For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification.
• 11.4 You agree to make yourself available at the delivery address you provide to accept delivery.
• 11.5 Any person other than yourself who receives the Products at the delivery address is conclusively presumed to be authorised to accept delivery on your behalf. The Company may at its discretion, insist that delivery may only be accepted by the person who placed the order (you the customer) and refuse to release the products to any other party, whether authorized by you to receive the products or not.
• 11.6 Should you not be able to make yourself available to accept the products at the provided delivery address, you agree to inform the Company in a written format. You agree that The Company has the right, which it may exercise at its discretion, to insist on the provision of additional verification information and/or a new delivery address where you are available to accept delivery. Additional verification information could include, but is not limited to, faxed copies of your identification document and other proofs of identity and copies of any credit card used in payment.
• 11.7 Should the purchase have been made via credit card, the Company may at its discretion, insist that the card used in the purchase be produce, a copy made, and a signature provided at the time of product delivery.
• 11.8 The Company reserves the right to charge an additional delivery fee should it be required to make a further delivery or collection if no one is at the delivery address to receive the Products or hand over the returned Products, as the case may be.
• 11.9 Should no-one be in attendance at the time of delivery, the driver will retain the Products and a notice will be left at the delivery address to this effect. The driver will attempt to contact you to make new arrangements for delivery or collection.
• 11.10 The Company has outsourced all delivery and collection arrangements. Accordingly, the Company shall not be liable for any damage suffered or loss incurred by reason of any acts or omissions of the deliverer, its directors, employees, sub-contractors, agents, representatives and/or affiliates.

12. GUARANTEE

• 12.1 In the event of new goods that are defective, the rights of the Customer are limited to the Manufacturer's guarantee of the goods supplied. Liability for defective goods is restricted to the cost of repair or replacement of faulty goods or granting of a credit at the sole discretion of the Company and its suppliers.
• 12.2 In the event that the customer is not satisfied with his purchase, the goods may be returned within 7 days of receipt at the expense of the customer for a refund (excluding actual delivery costs incurred by the Company) on condition that the goods are in mint condition and still in its original packaging.
• 12.3 All guarantees are immediately null and void should any equipment be tampered with or should the seals on equipment be broken by anyone other than the manufacturers' representative or should the goods be operated outside the Manufacturer's specifications.
• 12.4 Under no circumstances will the Company be liable for any damage arising from any misuse or abuse of the goods.

13. RETURN OF PRODUCTS

• 13.1 The Company shall, subject to the exclusions provided for below and the provisions relating to any return of products, allow the return of products, within seven days of the date of receipt by you of the products.
• 13.2 Once products have been received by the client, the Company has no control over it. As such we do not accept responsibility for any damages or shortages not reported within 24 hours after delivery.
• 13.3 The provisions of this agreement relating to the return of goods and cancellation of any agreement to provide services shall not apply if:
  • 13.3.1 any products and services are acquired by auction;
  • 13.3.2 the supply of products which comprise foodstuffs, beverages, or other goods intended for everyday consumption at the home or workplace of the customer;
  • 13.3.3 to services which commenced with the customers consent, (either express or implied) prior to the expiry of the seven day period;
  • 13.3.4 where the price of the products or services depends on fluctuation in financial markets beyond the control of the Company;
  • 13.3.5 where the products are personalised or made to the customer’s specifications;
  • 13.3.6 where the products are perishable or will expire rapidly;
  • 13.3.7 where the products by reason of their nature cannot be returned
• 13.4 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.
• 13.5 The Company cannot accept returns on incorrect items which have already been branded regardless of whether it’s the Company’s fault or not.
• 13.6 It may take up to a week to carefully check the products that are returned and once we are satisfied that the products are fit for resale we will issue the refund or credit note.
• 13.7 In the case of products being sent by courier to regions outside of 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.
• 13.8 Any collected product(s) that is on special or has been discontinued, will not be acceptable for retuning, unless the said product(s) is damaged or faulty.
• 13.9 We do not accept returns or changes to orders for items that need to be assembled – eg. PEN-730.

14. CUSTOMER OBLIGATIONS ON RETURN OF PRODUCTS AND SERVICES

• 14.1 The customer shall refund to the Company all direct expenses incurred by the Company or its authorised agents, in the delivery and order fulfilment of the products and services ordered by the customer, as well as the direct expenses incurred by the Company or its authorised agents in accepting return of the products and cancellation of the provision of services, arising as a result of the return of the products or cancellation of the services ordered by the customer.
• 14.2 Within thirty days of return of the products the Company or its authorised agents shall refund you any amounts paid by you less any amounts due by you to the Company as provided for above.
• 14.3 Branded Products collected may not be returned, unless there is a fault. This can only occur in the case of approval from the Company within 24 hours of delivery collection, where you will be accountable for a 25% handling and admin fee. No returned product(s) will be accepted without written consent from the Company and the corresponding invoice or proof of purchase.
• 14.4 The return of a product(s) to The Company will be at your cost. Please note, the original invoice or proof of purchase needs to be present.

15. CANCELLATION POLICY

• 15.1 Any written orders, either via fax or email, constitute a contract that you are bound to and is enforced by the law.
• 15.2 Cancellation of an order will only be accepted on the conditions that the Product(s) are unbranded, the Product(s) are returned in their original state and in their original packaging, to the Company within 7 days after the product(s) have been delivered to you and the Product(s) have not been used or otherwise tampered with in any way.
• 15.3 The Company reserves the right to charge a 25% handling and admin fee, for orders cancelled. The penalty fee is at the discretion of the Company. The Company will, however, be entitled to recover from you the direct cost of purchasing the Products.
• 15.4 The Company will be permitted to retain any payment that has already been received from you, regarding delivery fees, in the case of the product(s) already delivered to you before the cancellation of your order, as demonstrated above.
• 15.5 In the case of cancelling your payment or in the event of your Credit Card ceasing to be valid for any reason, you will be liable to pay the full purchase price to Tensim, including the incurred costs by The Company regarding any product(s) already delivered to you and product(s) that you have not returned to The Company as demonstrated above.
• 15.6 For clients’ who are on account, no cancellation of orders will be accepted once final approval of artwork has been received.
• 15.7 Orders for clients on payment terms many not be cancelled after branding has commenced or stock has been specifically bought for the order.
• 15.8 Without prejudice to any other rights or remedies in law, The Company shall be entitled to cancel forthwith any sale and/or your registration if you should breach any of your obligations.
• 15.9 In the case of an order not paid within the 10 working days; the order will be cancelled, products will be returned to stock and a 25% handing fee will be charged where the invoice is valued at R5000 or more.
• 15.10 Cancelled orders where the layouts have been completed, incur a R200 layout fee excluding VAT per layout will be levied. Regardless if we can meet your deadline or not, with the exception that the branding deadline has been specified to your Sales Executive upon the placement of your order.
• 15.11 No further orders will be processed until cancellation fees are paid.

16. HYPERLINK, FRAMING, SPIDERS & CRAWLERS

• 16.1 No person, business or web site may link to any page on this site without the prior written permission of the Company.
• 16.2 No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.
• 16.3 No person, business or web site may use any technology to search and gain any information from this site without the prior written permission from the Company.

17. LINKS TO OTHER SITES

• 17.1 No person, business or other website may link to any page on this Site without the prior written permission of the Company.
• 17.2 External hyperlinks may be provided on the Site, but such links are beyond the Company’s control. You shall not interpret the provision of such hyperlinks as constituting any relationship between the Company and any linked third party, nor as an endorsement by the Company of such third party. Hyperlinks provided on this Site to other websites are provided as is and the Company does not necessarily agree with, edit or sponsor the content of such websites. The use of, or reliance placed by you on any external links provided on the Site is entirely at your own risk.
• 17.3 Any advertising and other promotional material that may be displayed on the Site from time to time shall not be interpreted as constituting any relationship between the Company and any third party placing such advertising or promotional material on the Site, nor as an endorsement by the Company of such third party. Any use of, or reliance placed by you on such material is entirely at your own risk.

18. PRIVACY AND SECURITY STATEMENT

• 18.1 By visiting The Company Site, you are accepting the practices described in this statement.
• 18.2 You agree and warrant that your user name and password shall be used for your personal use only and shall not be disclosed to any third party. You agree that the Company shall be entitled, at all times, to take all reasonable steps to ensure the integrity and security of the Site, including associated applications.
• 18.3 The content contained on the Site may be used by you for your own personal shopping and information purposes only. In using the Site, you warrant that you shall not infect it with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information on the Site and you hereby indemnify the Company for any damage caused by any act attributable to you. Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page shall be prosecuted.
• 18.4 The Company will endeavour to ensure that your personal information and/or Credit Card details are protected as they travel over the Internet. Given the current state of Internet technology however, there is no guaranteed secure transmission of data over the Internet. Therefore, the Company cannot guarantee the absolute security of any information you transmit to us or which the Company transmits to you.
• 18.5 The Company will not disclose your personal information to a third party other than to effect the transactions agreed to in using the Company website without obtaining your express consent to do so. The Company will not sell or rent personal information about individual members (such as name, address, gender, email address, telephone or fax number) to third parties.
• 18.6 The Company may disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.
• 18.7 The Company may electronically collect, store and use the personal information of Users. The Company shall take all reasonable steps to protect the personal information of Users. User Information is necessary to ensure that communications and transactions entered into may be completed lawfully and effectively. User Information is also used to recognize returning customers, to personalize the site or to make recommendations.
• 18.8 Subject to Your consent, the Company may inform the User about competitions and special offers from the Company and/or its partners. You may elect not to receive any such communications from the Company and/or its partners.
• 18.9 The Company shall be entitled to use, sell and share any information that does not relate to any specific individual. Included is information provided by you compiled statistical or aggregated information in such a way that you may not be identified. The Company shall own and retain all rights to non-personal statistical information compiled by it.
• 18.10 While the Company and its affiliates shall take commercially reasonable care to safeguard the information provided by you to the Company from unauthorized access or disclosure, the Company does not represent or guarantee that the safeguards will provide absolute protection.
• 18.11 Unless agreed with you in writing, the Company shall not be obliged to encrypt any information sent to you, received from you or stored on your behalf or for the purposes agreed in this agreement.

19. GENERAL

• 19.1 In the absence of an express agreement to the contrary, these terms and conditions shall apply to all future contracts between the Company and the customer relating to the products and services.
• 19.2 These terms and conditions constitute the entire agreement between the parties with regard to the matters dealt with herein and no representations, terms, conditions or warranties not contained in these terms and conditions shall be binding on the parties.
• 19.3 No agreement varying, adding to, deleting from or cancelling these terms and conditions shall be effective unless reduce to writing and signed by or on behalf of the parties.
• 19.4 No indulgence granted by the Company shall constitute a waiver of its rights under these terms and conditions and accordingly that party shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the other which may have arisen in the past or which may arise in the future.
• 19.5 These terms and conditions shall be governed in all respects by and shall be construed according to the laws of the Republic of South Africa and shall be subject to the exclusive jurisdiction of the South African courts.
• 19.6 The Company may, in its sole discretion, suspend or terminate the operation of the Site at any time without prior notice to you and without the need to give you reasons for such termination or suspension.
• 19.7 We may change the terms of this Agreement from time to time without notice to you. Any amendments will take effect immediately on posting of the amendments on the Site. You shall be deemed to have accepted any changed terms should you continue to use the Site.
• 19.8 If any provision of this Agreement is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining terms.
• 19.9 This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof. Any indulgence of extension of time granted by the Company to you shall not be construed as a waiver or variation of any of our rights or remedies.
• 19.10 At the option of the Company, any dispute arising out of the Agreement may be brought in any Magistrates' Court of competent jurisdiction notwithstanding that the amount in issue may exceed the jurisdiction of such court.
• 19.11 The Site is hosted and managed in the Republic of South Africa and this Agreement is accordingly governed by the laws of the Republic of South Africa.
• 19.12 The Company’s contact details:
• 19.12.1 Website address: www.brandinnovation.co.za
• 19.12.2 E-mail address: info@brandinnovation.co.za

20. DISPUTE RESOLUTION

• 20.1 Any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this Agreement, may be submitted to confidential arbitration in Durban, South Africa in terms of the expedited rules of the Arbitration Foundation of Southern Africa.
• 20.2 The Company chooses its domicilium citandi et executandi for all purposes under this Agreement, whether in respect of court process, notice, or other documents at 25 Belvedere Road, Claremont, Cape Town, 7735 and marked for the attention of the Financial Director.

21. PRODUCTS

• 21.1 Risk in the Products shall pass to you upon delivery of the Products at the delivery address is chosen by you. Until payment is received in full for any goods sold, ownership in the Products shall remain with the Company and such Products shall be returned and/or surrendered to the Company following receipt of a default notice from the Company.
• 21.2 The colours which are displayed on this website are intended to appear as precise as possible. Depending on the monitor of your computer, we cannot guarantee the actual colours you will view, thus we cannot be liable for the colour your monitor will display.
• 21.3 The Company’s sample policy is as follows:
• 21.3.1 Samples are available for purchase and collection.
• 21.3.2 Samples with an individual product price of less than R50 excluding VAT may not be returned.
• 21.3.3 Samples with an individual product price of R50 excluding VAT or more may be returned for a refund or credit.
• 21.3.4 Samples must be returned in original condition as well as original packaging so that a refund/credit can be ensured.
• 21.3.5 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.
• 21.3.6 Damage to any part of sample or packaging will result in samples not being accepted for return.
• 21.3.7 Importantly, when returning samples, the original invoice relevant to the samples need to accompany the returned goods before a credit note will be issued and a refund effected.
• 21.3.8 EFT refunds are processed every Friday.
• 21.4 The Company’s branding policy is as follows:
• 21.4.1 Vector artwork is the preferred format for artwork.
• 21.4.2 We only accept PC format artwork.
• 21.5 What to consider when preparing your artwork:
• 21.5.1 To avoid font substitutions, convert all fonts to curves
• 21.5.2 If typesetting is requested, please include the font and size
• 21.5.3 A colour-separated file should be sent for multi-color imprint artwork. Digital printing is an exception to this
• 21.5.4 The file formats that we accept for artwork are: .cdr black / .eps / .ai / .pdf /. fh / Corel Draw/ Pdf eps or a high-resolution.jpg or .tiff.
• 21.5.5 The formats that we do not accept include; Word files, .gif, .jpeg (under 600dpi) and PowerPoint.
• 21.5.6 The client must tell their Account Executive their delivery date. Once 60% deposit has been received and artwork has been approved branding will begin. The electronic artwork must be directly forwarded to your Account Executive at the Company. Once written approval has been received for layouts, contact your Account Executive to confirm that they have received your approval.
• 21.6 The Company cannot take responsibility for non-delivery of orders if layout approval is not received. The Company cannot take responsibility for missed deadlines if proof of payment has not been received and confirmed by your Account Executive.
• 21.7 If cheques are deposited into our bank account, branding will only commence once payment has cleared (for clients not on payment terms). For fast clearing of orders please e-mail info@brandinnovation.co.za
• 21.8 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.
• 21. 9 The Company’s warranties policy:
• 21.9.1 Please note that warranties are not applicable to ordinary wear and tear.
• 21.9.2 The Company and/or manufacturer of the product(s) will not be in obligation of honoring any warranties applicable to products that have been changed in conflict of the instructions, or after delivery to the delivery address provided by you, the products or property in which the products are installed have been subject to abuse or misuse.

22. AMENDMENT TO TERMS AND CONDITIONS

22.1 The Company may, without notice, amend the terms and conditions governing access to the Company website as well as trade using the website so kindly check from time to time. If you do not agree with any amended terms you shall immediately give notice to the Company. Your continued use of the site signifies your acceptance of any changed terms.

By placing an order on the Tensim website/with Tensim, you agree to our Terms and Conditions.

Queries

If you have any questions or concerns arising from this privacy policy, please contact us:

Email coralee@tensim.co.za

Call 082 851 6123 (from within South Africa.)

+27828516123 (from outside of South Africa.)