1. Scope of the Terms and Conditions
1.1. This page (together with the documents expressly referred to on it) tells you (Customer) information about us (PROMOWORKS) and the legal terms and conditions (Terms) on which PROMOWORKS supplies any of the products (Products) listed on the website print.promoworks.co.za (Website).
1.2. These Terms will apply to any contracts between PROMOWORKS and Customer for the sale of Products concluded via the Website (Contract) to the exclusion of any other terms that Customer seeks to impose or incorporate, or which may be implied by trade, custom, practice or course of dealing (except where PROMOWORKS has given its prior written consent). Any further correspondence between PROMOWORKS and Customer, will have no impact on the Terms of the contract.
1.3. To the extent there is any inconsistency between the provisions of these Terms and the provisions of any other documents issued by PROMOWORKS which are contained on the Website or otherwise made available to Customer, the provisions of these Terms shall prevail.
1.4. Customer should read these Terms carefully and make sure it understands them before ordering any Products from the Website. Please note that before placing an order, Customer will be asked to agree to these Terms. Customer should print a copy of these Terms for future reference.
1.5. PROMOWORKS may amend these Terms from time to time. Every time Customer wishes to order Products, it should check these Terms to ensure it understands the terms which will apply at that time. These Terms were most recently updated in November 2016.
2. Information about PROMOWORKS
2.1. PROMOWORKS operate the Website. Promoworks is a business based in 22 Bergsig ave, Fraai Uitsig, Mossel Bay 6503, South Africa.
2.2. To contact PROMOWORKS, please refer to the Contact page .
3. How the Contract is formed between PROMOWORKS and Customer
3.1. For the steps Customer needs to take to place an order through the Website, Customer should refer to the Customer Information page
3.3. PROMOWORKS’s order process allows Customer to check and amend any errors before submitting an order. Customers should take the time to read and check all orders at each stage of the order process.
3.4. After Customer places an order, Customer will receive an order confirmation from PROMOWORKS with a summary of the order. However, this does not mean that the order has been accepted. PROMOWORKS’s acceptance of the order will take place as described in condition 3.5.
3.5. The Contract between Customer and PROMOWORKS shall only be concluded after the Print-Ready or Approved (by the Customer) Artwork (defined in condition 5.1 below) has been transmitted by Customer and PROMOWORKS has sent a separate order confirmation via e-mail (Acceptance of Order). PROMOWORKS will send the Confirmation via e-mail within five days after receiving the Artwork.
3.6. The application of the UN Sales Convention on the International Sale of Goods (CISG) shall not apply to the Contract.
4. Status of Customer
4.1. For the purposes of these Terms, Customer shall be deemed to be purchasing as a business if it enters into the Contract,and/or it is purchasing Products which are not of a type ordinarily supplied for private use or consumption.
4.2. If Customer is purchasing as a consumer:
4.2.1. Customer may only purchase Products from the Website if Customer is at least 18 years old; and
4.2.2. Customer has legal rights in relation to any Products that are faulty or not as described. Customer can obtain advice about their legal rights from the Western Cape Office of the Consumer Protector. Nothing in these Terms will affect these legal rights
4.3. If Customer is purchasing as a business:
4.3.1. Customer confirms it has the authority to enter into binding agreements with companies such as PROMOWORKS; and
4.3.2. Customer acknowledges and agrees that these Terms and any document expressly referred to in them constitute the entire agreement between PROMOWORKS and Customer. Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of PROMOWORKS which is not set out in these Terms or any document expressly referred to in them.
5. Content of the Order and Proof Requirements
5.1. PROMOWORKS completes all orders solely on the basis of print data and information (Artwork) submitted by Customer. Customer must ensure it has read and understood its responsibilities contained in these Terms and which are set out in more detail on the Customer Information page and Artwork guide.
5.2. Customer must check the Artwork carefully against the Format Requirements before submitting to PROMOWORKS. PROMOWORKS will not review any Artwork for compliance with the Format Requirements or otherwise for any typographical errors.
5.3. When PROMOWORKS has received the Artwork from Customer, PROMOWORKS will perform a ‘Standard Artwork Check’ on every order submitted by Customer. The extent to which PROMOWORKS checks the Artwork is detailed on the Customer Information page.
5.4. PROMOWORKS will provide proofs of the Product. The first two proofs will be at no extra cost, but from the third proof onwards, a fee of R50 per proof will be charged.
5.5.Where PROMOWORKS has produced a proof for Customer, Customer acknowledges and accepts that such proof is merely illustrative of the final product to be produced by PROMOWORKS and PROMOWORKS shall have no liability to Customer for slight variations in the final Product from the proof supplied.
5.6.Where PROMOWORKS has produced a proof for Customer pursuant to performing a Superior Artwork Check or Proof on the Artwork, Customer acknowledges and accepts that such proof is merely illustrative of the final product to be produced by PROMOWORKS and PROMOWORKS shall have no liability to Customer for slight variations in the final Product from the proof supplied.
5.7. If, when PROMOWORKS performs either the Standard Artwork Check PROMOWORKS discovers that the Artwork supplied by Customer is defective or does not comply with the Format Requirements, PROMOWORKS will notify Customer and request Customer provides corrected Artwork.
5.8. In the event that Customer notifies PROMOWORKS that it wishes to proceed with the order without correcting any defects in the Artwork, or amending such Artwork so it complies with the Format Requirements, Customer does so at its own risk.
5.9. If additional costs arise due to the inaccuracy of the Artwork, these will be borne by the Customer.
5.10. Where Customer has not submitted Artwork in CMYK mode in accordance with the Format Requirements, PROMOWORKS shall be entitled to convert the Artwork to ensure it complies with the Format Requirements. In these circumstances, the liability for any resulting colour deviations lies solely with the Customer. By transmitting the Artwork in any other mode than the specified CMYK mode, the Customer acknowledges and agrees that the conversion is carried out at Customer’s own risk.
5.11. For the avoidance of doubt, PROMOWORKS will not accept any responsibility or liability for any colour variations, irregularities or other defects whatsoever of the Products ordered by Customer which are caused as a result of Artwork not complying with the Format Requirements, including (but not limited to) graphics and images, colours and colour mode, cut, fonts and lines.
5.12. PROMOWORKS reserves the right to refuse any orders and/or terminate any Contracts where the transmitted Artwork contains defamatory, pornographic, fascist, radical content or any other material which is obscene, offensive, hateful or inflammatory.
5.13. After the Contract is formed, Customer shall only be entitled to make changes to the order provided Customer remains liable for any additional costs incurred by PROMOWORKS in making such changes.
6. Rights of revocation and exclusions to revocation in consumer contracts
6.1. Right of revocation for delivery of goods (single or multiple orders) not manufactured according to customer specifications and delivered in one (or more) consignments.
You have the right to revoke this contract within 14 days without giving reasons.
The revocation period shall be 14 days from the day on which you or a third party nominated by you who is not the carrier took possession of the goods.
To exercise your right of revocation, you must inform us
22 Bersig Ave,
by means of a clear statement (e.g. a letter sent by email etc.) regarding your decision to revoke this contract.
To observe the revocation period it shall be sufficient for you to send the notification of the exercising of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this contract, we shall refund you all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you chose a type of delivery other than the reasonable standard delivery offered by us), immediately and no later than within 14 days of the date on which we received the notice of revocation of this contract. We shall effect this repayment by bank transfer only. Under no circumstances will you be charged any bank charges for this repayment. We may withhold the repayment until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier.
You must send back or transfer the goods immediately and in all cases no later than 14 days from the date on which you notify us of the revocation of this contract to PROMOWORKS, 22 Bergsig Ave, Fraai Uitsig, Mossel Bay 6503 . This deadline shall be considered met if you send the goods before the expiry of the period of 14 days. We shall bear the costs of returning the goods. You shall pay for any diminished value of the goods only if this diminished value is attributable to your handling of the goods in any way other than what is necessary to ascertain the quality, nature and functioning of these.
Your right of revocation shall expire prematurely if at your express request we start the execution of the contract before the expiry of the revocation period.
6.2. Right of revocation for delivery of multiple goods not manufactured according to customer specifications and delivered in multiple consignments
6.3. If the printed materials are produced via the PROMOWORKS website according to customer specifications, no legal right of revocation shall exist. No contractual right of revocation is granted.
The right of revocation shall not exist for distance sales contracts
- for the supply of goods which are not prefabricated and the production of which is determined by an individual choice or decision of the consumer or which are clearly tailored to the personal needs of the consumer.
7.1. Applicable laws require that some of the information or communications PROMOWORKS send to Customer should be in permanent form and for this purpose, PROMOWORKS shall confirm such information to Customer by email, which Customer accepts is a permanent form of communication.
7.2. When registering to use the Website, Customer shall provide an e-mail address for communications between PROMOWORKS and Customer. Customer shall ensure such email address is valid and functioning. In particular, Customer shall ensure that the settings of the spam filter on its e-mail account allows the receipt by Customer of e-mails sent by PROMOWORKS.
7.3. In the case of Customers purchasing as a business:
7.3.1. Customer acknowledges and agrees that this e-mail address shall be stored by PROMOWORKS and used in respect of any future orders received from the Customer until revoked or modified by the Customer;
7.3.2. any notice or communication sent by PROMOWORKS to Customer, or by Customer to PROMOWORKS will be deemed received and properly served (i) immediately when posted on the Website (ii) in the case of e-mails, 24 hours after an e-mail is sent, or (iii) in the case of letter, three days after the date of posting.
8. Price of the Products and Delivery Charges
8.1. Prices for products quoted on the website are for only valid for orders which are placed online. There will be an additional surcharge of R150 per order for all orders which are placed in any other manner (email, telephonic, etc.)
8.2. PROMOWORKS takes all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the Website. However, if PROMOWORKS discovers an error in the price of Products(s) ordered by Customer, condition 8.5 will apply.
8.3. Prices for the Products may change from time to time, but changes will not affect any order which PROMOWORKS has confirmed with an Order Confirmation.
8.4. The price of the Products includes packaging and delivery charges but excludes shipping insurance.
8.5. The Website contains a large number of Products. It is always possible that, despite PROMOWORKS's best efforts, some of the Products on the Website may be incorrectly priced. If PROMOWORKS discover an error in the price of the Products Customer has ordered, PROMOWORKS will inform Customer of this error and PROMOWORKS will give Customer the option of continuing to purchase the Product at the correct price or cancelling the order. PROMOWORKS will not process Customer’s order until it has received Customer’s instructions. If PROMOWORKS is unable to contact Customer using the contact details Customer provided during the order process, PROMOWORKS will treat the order as cancelled and notify Customer in writing. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by Customer as a mispricing, PROMOWORKS do not have to provide the Products to Customer at the incorrect (lower) price.
8.6. The Customer will be charged additionally for any subsequent changes requested by the Customer, including if this request results in machine downtime or additional production costs in the event of a complete or partial cancellation (except if the cancellation is pursuant to the consumer’s rights under condition 6). Additional charges are also payable if Customer requests repeated samples due to a slight deviation from the template.
8.7. Where Customer orders more than two proofs, this shall be subject to an additional fee in accordance with condition 5.4 of these Terms.
8.8. If Customer obtains a quotation for Products from PROMOWORKS either by e-mail or through the Website, this does not constitute an offer by PROMOWORKS and shall only be valid for a period of 7 days from its date of issue. All quotations are subject to the condition that the order details underlying the quotation at the time of issue remain unchanged, and Artwork to be received from Customer is received within one week of Customer placing the order.
8.9. All prices quoted are for one artwork only and print runs can not be split into multiple artworks / designs.
9.1. The price of the Products does not include VAT, as PROMOWORKS is not VAT registered.
10.1. Customer may pay for Products at the time of placing the order via EFT. Customers should note that PROMOWORKS shall not start production of the Products until payment has been received in full and print-ready or approved artwork has been supplied.
10.2. No other payment methods or terms shall apply unless expressly agreed with Pr in writing.
10.3. PROMOWORKS shall issue a separate invoice for each Product ordered by Customer.
10.4. In the event that Customer makes a payment in error, it is the responsibility of Customer to notify PROMOWORKS and request PROMOWORKS reimburse such sum. Subject to confirmation by PROMOWORKS that it has received such overpayment, PROMOWORKS shall reimburse the sum to Customer. Where the repayment of any such sum by PROMOWORKS is subject to an additional charge, PROMOWORKS shall be entitled to deduct the amount of any charge from the sum to be reimbursed.
11. Delivery and Production
11.1. Delivery is based upon the production time taken by PROMOWORKS to manufacture the Products and the delivery time to ship the Products to Customer.
11.2. For areas where the external courier does daily deliveries, PROMOWORKS will ensure that the Products are delivered within 7 working days of production commencing. For all other areas, the delivery will be as soon as possible after Customer’s order has been accepted and PROMOWORKS has completed the production of the Products.
11.3. PROMOWORKS offers a cash back guarantee on delivery. Production time starts once payment and the printable data has been received. For all orders where there is a daily delivery offered by the courier, if the order is not delivered within 7 working days of production commencing, PROMOWORKS will refund 100% of the cost of the order, in cash, to the customer. This does not apply to orders that need to be delivered in outlying areas where the courier only delivers on specific days of the week.
11.4. PROMOWORKS will advise Customer of the estimated date when the production of the Products shall be completed.
11.5. PROMOWORKS shall not commence production on the Products until it has received payment in full for the Products and it is in receipt of the final Artwork following the completion of any Standard Artwork Check or Proof. If everything is received before 11am on a working day, production starts the same day. If it is received after 11am, production starts the next working day. Working days are Monday to Friday only. PROMOWORKS guarantees delivery within 7 days of production commencing (remote areas excluded).
11.6. Delivery will be completed when PROMOWORKS delivers the Products to the address given by Customer during the order process. If Customer selects their own carrier for delivery, delivery will be completed when PROMOWORKS delivers the Products to Customer’s nominated carrier.
11.7. If Customer is not available at the delivery address, PROMOWORKS's chosen carrier (The Carrier) will leave a note that the Products have been returned to The Carrier’s premises and Customer must contact The Carrier to rearrange delivery. In circumstances where The Carrier has re-arranged delivery and Customer is not available at the delivery address on the agreed date and time to take delivery of the Products, The Carrier shall be entitled (at its discretion) to charge Customer for any additional costs reasonably incurred by The Carrier in attempting to re-deliver the Products.
11.8. The Products will be at the risk of the Customer from completion of delivery. Customer shall only own the Products once PROMOWORKS has received payment in full for the Products.
11.9. Delivery of the Products shall be performed during normal business hours, being Monday to Friday 8am to 6pm.
11.10. The delivery of prospectuses takes place on disposable pallets; shipment tracking is not possible in this case.
11.11. For the avoidance of doubt, PROMOWORKS or The Carrier shall not be liable for any delay in delivery of the Products that is caused by an Event Outside the Control of PROMOWORKS, The Carrier or Customer's failure to provide PROMOWORKS with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
12.. Event Outside the Control of PROMOWORKS or The Carrier
12.1. PROMOWORKS or The Carrier shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by an Event Outside the Control of PROMOWORKS or The Carrier. An Event Outside the Control of PROMOWORKS or The Carrier is defined below in condition 12.2.
12.2. An Event Outside the Control of PROMOWORKS or The Carrier means any act or event beyond PROMOWORKS or The Carrier’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.3. If an Event Outside the Control of PROMOWORKS or The Carrier takes place that affects the performance of PROMOWORKS or The Carrier’s obligations under a Contract:
12.3.1. PROMOWORKS will notify Customer as soon as reasonably possible; and
12.3.2. PROMOWORKS’s obligations under a Contract will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside the Control of PROMOWORKS.
12.4. If the Event Outside the Control of PROMOWORKS or The Carrier extends beyond four weeks, Customer shall be entitled to cancel the Contract.
13.1. Where Customer’s Products arrive in a damaged or defective condition, or Customer claims the Products are not as described, Customer must notify PROMOWORKS immediately and, in any event, no later than 14 days following delivery of the Products. Subject to Customer giving PROMOWORKS a reasonable opportunity of examining such Products and Customer (if asked to do so by PROMOWORKS) returning such Products to PROMOWORKS at PROMOWORKS’s cost, PROMOWORKS will provide a full refund of the price paid by Customer including return postage and packing
13.2.If Customer returns any Products to PROMOWORKS and PROMOWORKS can prove they were not damaged or defective when Customer received them, or are not misdescribed, PROMOWORKS may send them back to Customer, claiming the cost of return postage and no refund shall be due to Customer.
13.3. For the avoidance of doubt, PROMOWORKS shall not be liable to accept any returned Products from Customer in circumstances where the Product is based on Artwork produced by Customer which fails to comply with the Format Requirements stipulated by PROMOWORKS.
PROMOWORKS’s liability if Customer is purchasing as a consumer
14.1. . If PROMOWORKS fails to comply with these Terms, PROMOWORKS is responsible for any loss or damage suffered by Customer that is a foreseeable result of PROMOWORKS’s breach of the Terms or PROMOWORKS’s negligence. Loss or damage will be foreseeable if they are an obvious consequence of PROMOWORKS’s breach or if they were contemplated by Customer and PROMOWORKS at the time the Contract was entered into.
14.2. PROMOWORKS does not in any way exclude or limit its liability for:
14.2.1.death or personal injury caused by our negligence;
14.2.2. fraud or fraudulent misrepresentation;
14.2.3. defective products under the Consumer Protection Act, No.68 of 2008.
PROMOWORKS’s liability if Customer is purchasing as a business
14.3. Nothing in these Terms limit or exclude PROMOWORKS’s liability for:
14.3.1. death or personal injury caused by our negligence;
14.3.2. fraud or fraudulent misrepresentation;
14.3.3. defective products under the Consumer Protection Act, No.68 of 2008.
14.4.Subject to condition 14.3, PROMOWORKS will under no circumstances whatever be liable to Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
14.4.1. any loss of profits, sales, business, or revenue;
14.4.2. loss or corruption of data, information or software;
14.4.3. loss of business opportunity;
14.4.4. loss of anticipated savings;
14.4.5. loss of goodwill; or
14.4.6. any indirect or consequential loss.
14.5. Subject to condition 14.3 and condition 14.4, PROMOWORKS’s total liability to any business Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 200% of the price of the Products.
15. Communications between PROMOWORKS and Customer
15.1. When these Terms refer to "in writing", this will include e-mail.
15.2. If Customer is purchasing as a consumer:
15.2.1. To cancel a Contract in accordance with Customer’s legal right to do so as set out in condition 6 Customer must contact PROMOWORKS in accordance with condition 6.3..
15.2.2. . If Customer wishes to contact PROMOWORKS in writing for any other reason, Customer can send this to PROMOWORKS by e-mail [email@example.com] or by by pre-paid post to PROMOWORKS, 22 Bergsig Ave, Fraai Uitsig, Mossel Bay, 6503, South Africa. Customer can always contact PROMOWORKS using the Customer Services telephone line.
15.2.3. If PROMOWORKS have to contact Customer or give Customer notice in writing, PROMOWORKS will do so by e-mail or by pre-paid post to the address Customer provided in the order.
15.3. If Customer is purchasing as a business, any notice given by Customer to PROMOWORKS, or by PROMOWORKS to Customer, will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this condition shall not apply to the service of any proceedings or other documents in any legal action.
16.2. Before sending an Order Confirmation, PROMOWORKS has the right to cancel Customer's order, if Customer does not deliver Artwork that complies with the Format Requirements within a period of four weeks from date of order.
17. Personal Data
17.2. PROMOWORKS will use the personal information provided by Customer to:
17.2.1. supply the Products;
17.2.2. process the payment for such Products; and
17.2.3. . inform Customer about similar products or services that PROMOWORKS provides, but Customer may stop receiving these communications at any time by contacting PROMOWORKS or by clicking an unsubscribe button.
17.3. Save as set out in condition 17.4 below, PROMOWORKS does not pass any personal data to any other third party.
PROMOWORKS shall not archive Products belonging to Customer (including in particular data and media) without prior written agreement and upon such payment terms as PROMOWORKS shall in its sole discretion determine. Customer shall be responsible for insuring such archived Products.
19. Trade marks / Copyright
The Customer shall indemnify PROMOWORKS against any and all claims, liability, costs losses, damages and expenses arising out of the use by PROMOWORKS of the materials provided to PROMOWORKS by Customer including (without limitation) the Artwork
20. Other important terms
20.1. . PROMOWORKS may transfer its rights and obligations under a Contract to another organisation, but this will not affect Customer’s rights or PROMOWORKS‘s obligations under these Terms.
20.2. Customer may only transfer its rights or obligations under these Terms to another person if PROMOWORKS agrees in writing. However if Customer is a consumer and has purchased a Product as a gift, Customer may transfer the benefit of the warranty to the recipient of the gift without needing to ask PROMOWORKS’s consent.
20.3.The Contract is between PROMOWORKS and Customer. No other person shall have any rights to enforce any of its terms. If Customer is a consumer, the recipient of any gift of a Product will have the benefit of PROMOWORKS’s warranty, but PROMOWORKS and Customer will not need their consent to cancel or make any changes to these Terms.
20.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5. If PROMOWORKS (i) fails to insist that Customer perform any of its obligations under these Terms, (ii) does not enforce its rights against Customer, or (iii) delays in enforcing its rights against Customer, that will not mean that PROMOWORKS has waived its rights against Customer or that Customer does not have to comply with those obligations. If PROMOWORKS does waive a default by Customer, PROMOWORKS will only do so in writing, and this will not mean that PROMOWORKS will automatically waive any later default by Customer.
20.6. If Customer is purchasing as a consumer, these Terms are governed by South African law. This means a Contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by South African law. Customer and PROMOWORKS both agree that the courts of South Africa will have non-exclusive jurisdiction.
20.7.If Customer is purchasing as a business, these Terms are governed by South African law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by South African law. Customer and PROMOWORKS both agree to the exclusive jurisdiction of the courts of South Africa.
Date of documentation: January 2020