Terms & Conditions

Commencement, Duration And Application

ProBrand Africa’s Terms and Conditions shall commence to apply upon signature and approval of a) the quote and b) the artwork layouts, providing the Conﬁrmation of Order by the Client in each instance.
ProBrand Africa’s Terms and Conditions shall apply and endure until the Services and/or Goods and/or orders quoted for and accepted by the Client are rendered and/or delivered to the Client and in line with these Terms and Conditions and until full payment of ProBrand Africa’s invoice(s) has/have been made by the Client in each instance.

Quotations

ProBrand Africa shall provide the Client with a quotation for the Services and/or Goods required by the Client, which quotation shall be valid for the period as indicated on the quotation or, in the absence of such period being stipulated, for a period of 7 (seven) calendar days.
Quotations are subject to the availability of Goods and/or Services and are subject to the correction of good faith errors by ProBrand Africa and the prices quoted are subject to increases in price or costs, including currency ﬂuctuations, which may occur before the Order is accepted by the Client.
If the Client disputes the amount of increase, the amount of the increase may be certified by any independent auditor nominated by ProBrand Africa, and such certificate shall be final and binding on the Client. The party in whose favour the independent auditor determines the dispute shall not be liable for the cost of the independent auditor.
Quotations are subject to stock availability at the time of conﬁrmation of the Order by the Client, whether by way of paying in full, deposit or by placing the Order, which shall be determined solely by ProBrand Africa.
The Client hereby confirms that the Goods or Services on any tax Invoice issued duly represent the Goods or Services ordered by the Client at the prices agreed to by the Client and, where delivery / performance has already taken place, that the Goods or Services were inspected and that the Client is satisfied that these conform in all respects to the quality and quantity ordered and are free from any defects.

Samples

Unbranded Samples

Samples may be purchased online or through a ProBrand Africa Consultant and then collected at ProBrand Africa’s offices (Johannesburg) or delivered to the Client’s speciﬁed address via courier at an additional cost.
Thereafter, Samples must be returned within 7 (seven) business days for a credit or refund on the items only (courier at own cost), and subject to clauses 3.3.1 to 3.3.6 provided the items are in their original packaging and in their original condition (undamaged). Damaged samples or samples with damaged packaging will not be accepted for return.

Branded Samples

Should branded samples be required, it can be arranged with a ProBrand Africa Consultant.
Branded samples cannot be returned for a credit or refund.

Returns/Refunds – Samples

No returns are accepted for white and drinkware samples, due to discolouration and safety reasons.
No returns are accepted for USB and Powerbank samples.
No returns on workwear with reﬂective tape.
Gift set samples cannot be returned or refunded once ordered.
All sample orders need to be collected within 5 (ﬁve) business days of receiving the collection notiﬁcation email, failing which the products will be returned to stock and the order cancelled.
Samples with a value of less than R150.00 (one hundred and ﬁfty Rand) ex. VAT may not be returned for a refund. Samples with a value over R150.00 (one hundred and ﬁfty Rand) ex. VAT may be returned within 7 (seven) business days from date of purchase for credit or a refund, at the discretion of ProBrand Africa.
Samples returned after 7 (seven) business days will not be refunded or credited. The cost of returning samples is at the Client’s expense.

Product Selection And Orders

Unbranded Orders are to be placed via our online Quote Basket and Checkout process.
Clients may place Orders for Goods, which ProBrand Africa may, at its sole discretion, accept or reject. Whether or not ProBrand Africa accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation to the price) and receipt of payment or payment authorisation by ProBrand Africa for the Goods.
The Client is to place branded Orders with ProBrand Africa in writing by completing the quote request. Orders shall only be regarded as accepted upon written conﬁrmation thereof by ProBrand Africa. Payment of the deposit by the Client does not constitute acceptance of the Order.

ProBrand Africa will execute the Client’s Order/s once the deposit (branded orders) or full amount (unbranded orders) is paid by the Client and proof of payment thereof is sent to the relevant ProBrand Africa consultant, written conﬁrmation of the order has been provided to the Client by ProBrand Africa and the supplier has conﬁrmed that the Goods to be ordered is available.

For branded Orders, a deposit equal to 50% (ﬁfty percent) of the quoted amount, or if the quoted price ﬂuctuated between the time the Client received the quotation and the placing of the Order, 50% (ﬁfty percent) of the adjusted amount, is to be paid by the Client. Quotations are subject to availability of the Goods at the time of conﬁrmation of the Order. Special import items require, without exception, a 75% (seventy-ﬁve percent) deposit of the quoted amount. Orders less than R2000.00 (two thousand Rand) ex. VAT require full payment upfront.
As changes occur on a daily basis with regard to the availability of Goods, availability of same cannot be guaranteed by ProBrand Africa until the deposit has been paid, the Conﬁrmation of Order has been signed and the availability of Goods has subsequently been conﬁrmed by the supplier.
The Client acknowledges that it is the Client’s sole responsibility to determine and ensure that the Goods ordered are correct and suitable for its intended purpose. ProBrand Africa will not be liable, in any manner or form, for incorrect selection of the Goods by the Client.
Subject to availability and receipt of payment, requests will be processed within 2 – 14 Business Days (depending on supplier lead times, availability of Goods and delivery method) and delivery conﬁrmed by way of email communication (waybill number or reference number as well as collection address, depending on shipping option – respectively, delivery via courier or collection).
Lead times for Orders will be deemed to commence on the date and time that ProBrand Africa receive all signed off artwork approvals and payment of the funds have cleared in ProBrand Africa’s bank account.
Once an Order has been conﬁrmed, cancellations for that Order will only be entertained if no branding has taken place and will be subject to a 25% (twenty-ﬁve percent) cancellation fee or a minimum of R200.00 (two hundred Rand) ex. VAT handling and administration fee (whichever is higher). A further R350.00 (three hundred and ﬁfty Rand) ex. VAT per artwork layout will be charged if artwork layouts were created.
A minimum order spend of R1000.00 (thousand Rand) ex. VAT applies to all branded orders

Urgent Orders

ProBrand Africa provides an urgent order service ,where completion of urgent Orders are guaranteed within 2 (two) to 5 (ﬁve) Business Days, subject to clause 6.3 below, and provided full payment of the Order reﬂects in the bank account of ProBrand Africa.
The completion date for the Order will be conﬁrmed via brand consultant, via email prior to ProBrand Africa executing the Order.
Artwork needs to be supplied, by the client, in print-ready format as there is insuﬃcient time to redraw such Artwork.
The Client must provide ProBrand Africa with sufficient time to cure any defects and/or errors, failing which ProBrand Africa shall not be held liable for a poorer print quality of the Goods.
Urgent orders are subject to the Client adhering to the deadline for approving artwork, as stipulated in the artwork approval email.
Urgent orders will incur an additional fee, equal to 10% (ten percent) of the total value of the order. Urgent orders, orders for unbranded items and orders for special import products require full payment of the order to reﬂect in the bank account of ProBrand Africa the order can be confirmed.

Artwork For Branded Orders

ProBrand Africa will provide the Client with a mock-up of the artwork for approval via e-mail or another electronic format. The artwork will illustrate the appearance of the Client’s logo or other image, as provided to ProBrand Africa by the Client, in respect of the Goods. No further services will be rendered by ProBrand Africa until ProBrand Africa is in receipt of the duly completed signed off artwork approval from the Client.
The initial delivery date may be affected if changes to the artwork are requested by the Client as the changes require a new layout which will need approval and sign off by the Client again. ProBrand Africa shall not be responsible or liable for delays in delivery caused by artwork changes. Any changes requested and made after approval of the artwork and subsequent to plates/screens being made shall incur additional costs for the Client.
The Client is to approve artwork within 7 (seven) calendar days from the ﬁnal artwork layout being sent to the Client, failing which the Goods will be returned to the warehouse and a cancellation fee equal to 25% (twenty-ﬁve percent) of the total value of the Order shall be charged. No artwork approvals will be accepted telephonically.
The Client shall review and check the artwork for spelling mistakes and errors relating to e.g. item colours, sizing, image colour and image locations and shall do so before signing off and approving the artwork/Order. ProBrand Africa shall not be responsible or liable for erroneous interpretations of the artwork/Order, typographical errors overlooked and later approved by the Client and/or any damages suffered by the Client as a result of the erroneous artwork/Order being printed as accepted and approved by the Client, including any consequential damage/s.
The Client speciﬁcally acknowledges that layouts sent in colour via email are not necessarily a true reﬂection of the colour but a mere indication of what the Goods will look like due to the variations in computer monitor colouring. Printing colours will be matched as close as possible to Pantone colours or CMYK colours. ProBrand Africa cannot guarantee a 100% colour match due to the different materials used in promotional products and accordingly will not be liable for any damages as a result of any variation to the colours whether consequential or otherwise.
All artwork provided to ProBrand Africa needs to be in a Vector format or an additional 24 hours will need to be allocated to convert the Client’s artwork to Vector format. Vector artwork will be acceptable in the following formats –.pdf (workable PDF), .cdr (Corel Draw), and .ai (Adobe Illustrator).
If speciﬁc pantone colours are required for pad or screen printed Goods, then these need to be speciﬁed, in writing, at the time of providing ProBrand Africa’s with the artwork. If digital branding is required, then the Vector artwork must be correctly supplied to reﬂect CMYK colours.

Payment And Release Of Orders

A deposit equal to 50% (ﬁfty percent) of the quoted amount, or if the quoted price ﬂuctuated between the time that the Client received the quotation and the placing of the Order, 50% (ﬁfty percent) of the adjusted amount, is to be paid by the Client, prior to any Services and/or Goods being delivered. The remaining 50% (ﬁfty percent ) of the invoice, along with any additional costs, are to be paid upon request, prior to delivery or collection. Should the outstanding amount not be paid within 7 (seven) calendar days of such a request being made, the interest of prime plus 2% (two percent) will be incurred on all overdue amounts along with daily storage fees. Orders less than R2000.00 (two thousand Rand) ex. VAT, require full payment upfront.
Subject to the provisions of the Consumer Protection Act, No 68 of 2008, as amended, if applicable, all prices/rates are subject to alteration without notice, and Orders will be processed at the price/rate applicable at time of dispatch. All prices/rates quoted by ProBrand Africa are based on, but not limited to, foreign exchange, freight-/insurance-/landing charges, dock-/customs-/import duties, rail and statutory wage rates applicable at the time of negotiations for the purchase of the Goods to which the invoice in question relates, and consequently, any variation in such prices/rates will be for the account and be borne by the Client, with notice.
ProBrand Africa accepts payment by way of:-

a) Payfast (Payments may be made via Credit or Debit Card ( Visa and Mastercard, Instant EFT (bank transfers), zapper, snapscan, Capitec pay and many more ) via the online store
b) Direct Bank Transfer (EFT).
c) Debit and Credit card: the Client warrants that it is fully authorised to use the Debit and Credit Card supplied for purposes of paying the Goods.

Card transactions will be acquired for ProBrand Africa via Payfast (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. Payfast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to https://payfast.io/ to view their security certiﬁcate and security policy.
The Client’s details will be stored by ProBrand Africa separately from card details which are entered by the Client on Payfast’s secure site. For more detail on Payfast refer to https://payfast.io/.
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. The transaction currency is the South African Rand (ZAR).
The Client may contact ProBrand Africa by visiting the Contact Us page to obtain a full record of the payment. ProBrand Africa shall send the Client email communications about the Client’s Order and payment.
All payments made by the Client to ProBrand Africa shall be made free of deduction, set-off, bank charges and commissions and shall not be withheld for any reason whatsoever. Discounts shall be forfeited on overdue amounts.
In respect of international bank transfers and payments made by the Client to ProBrand Africa, the following terms apply:-

a) The Client shall always be responsible for payment of the full international banking fees that are associated with such transfer and/or payment to ProBrand Africa;
b) ProBrand Africa shall not be liable for any charges incurred by the Client as a result of payment of the international banking fees;
c) ProBrand Africa shall not be liable for any damages, whether consequential or not, that the Client suffers as a result of payment of the international banking fees;
d) All Forex payments made by the Client to ProBrand Africa must be paid in full prior to confirmation of the Order, unless otherwise approved, in writing, by ProBrand Africa.

ProBrand Africa does not accept cash payments and is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
The Client agrees that no extension of payment of any nature shall be extended to the Client, and any extension will not be applicable or enforceable unless agreed to by ProBrand Africa, in writing and signed by the Client and a duly authorised representative of ProBrand Africa.
ProBrand Africa may, at its sole discretion, extend a 30 (thirty) day incidental credit facility to the Client and may, at its sole discretion, amend or withdraw such facility for any reason whatsoever. Incidental credit facilities are to be approved in writing by ProBrand Africa and will incur Interest of 2% (two percent) on all overdue amounts.
Orders will only be released for collection or dispatched for delivery once payment in full, including interest, if applicable, reﬂects in ProBrand Africa’s bank account. ProBrand Africa shall not be liable for missed deadlines due to non-payment or late payment by the Client and/or failure to timeously approve the artwork and/or ProBrand Africa suppliers failing to adhere to deadlines and/or products specifications.
Goods remain the property of ProBrand Africa until paid in full. The risk in and to the Goods shall pass from ProBrand Africa to the Client upon the Goods being loaded for delivery , to delivery thereof to the Client or their nominated agent or customer, except in the case of an outsourced courier service being utilised, in which case the risk in and to the Goods shall pass to the Client upon the goods being loaded for delivery.
Any delivery notes or waybills (be it a copy or an original) signed by the Client, a representative of the Client (e.g. secretary, security) or a third party engaged to transport the Goods shall be conclusive proof that delivery was made to the Client.
ProBrand Africa will indicate the acceptance of an Order by delivery of the Goods to the Client or allowing the Client to collect them, and only at that point will an agreement of sale between the Client and ProBrand Africa come into effect (the “Sale”). This is regardless of any communication from ProBrand Africa stating that the Order or payment has been conﬁrmed. ProBrand Africa will indicate the rejection of the Order by cancelling it and, as soon as possible thereafter, refunding the Client for any amount already paid.
Free shipping is provided, in South Africa only, for Orders that meet the speciﬁed criteria at the time of placing of the Order. However, in the event of the Goods being out of stock after placing an Order, free shipping may no longer be applicable. Clients will have the option to add additional items to the Order to maintain free shipping eligibility or pay a shipping invoice for the remaining items.
ProBrand Africa cannot guarantee availability until an Order has been placed and payment made. If the Goods become unavailable after an Order has been placed, ProBrand Africa reserves the right to cancel or modify the Order. Clients will be promptly notiﬁed and provided with alternative options, including choosing alternative Goods or cancelling the Order altogether and ProBrand Africa will not be liable for any damages whether consequential or not.

Collection And Delivery

Unless alternative arrangements have been made with, and accepted by ProBrand Africa, in writing, the Client is to collect the Order or accept delivery within 5 (ﬁve) calendar days from the Client being advised of such. Orders not collected or delivered within 5 (ﬁve) calendar days will be charged a handling fee of 25% (twenty-ﬁve percent) of the total value of the order or sold to offset ProBrand Africa costs.
Orders above the value of R 2000.00 (Two thousand two Rand) ex. VAT placed with a branding consultant and being delivered to a single destination point in either Cape Town, Johannesburg, Durban or Pretoria on a 3 (three) to 5 (ﬁve) day delivery, qualify for ProBrand Africa’s free delivery option. Unbranded orders above the value of R750.00 (seven hundred and fifty Rand) incl. VAT placed via the website, and being delivered to a single destination point in either Cape Town, Johannesburg, Durban or Pretoria on a 3 (three) to 5 (ﬁve) day delivery, qualify for ProBrand Africa’s free delivery option. This is subject to certain package size and weight restrictions, and the Client is advised to please conﬁrm with their Branding Consultant regarding same. Surcharges may apply for deliveries to regional areas, please confirm these before proceeding. Some bulky items do not qualify for free delivery (for example, gazebo’s). Free Delivery excludes freight insurance which remains the Client’s responsibility.
For Orders that do not qualify for free delivery, ProBrand Africa will quote the Client using an external courier service to effect delivery, and once accepted and paid by the Client, ProBrand Africa will arrange for the Goods and/or Services to be delivered to the Client’s address.
Should the Client require freight insurance, the Client is to request same from ProBrand Africa, in writing, ProBrand Africa will arrange on behalf of the Client provided payment of such costs is made in full. The Client will be liable for the payment of such insurance costs before dispatch of the Goods and/or Services by ProBrand Africa.
The delivery address needs to be easily accessible for the courier and drop off shall be to the front entrance of the address provided, unless otherwise agreed, in writing. Delivery times quoted are estimated times only. ProBrand Africa accepts no responsibility whatsoever for any loss or damages caused by late delivery or non-delivery, whether consequential or otherwise, howsoever caused or arising and the Client speciﬁcally indemniﬁes ProBrand Africa as such.
The Client is expected, in all cases, to take such measures as may be reasonable for the purpose of deferring or minimising loss or damages and to ensure that all rights against couriers, or other third parties are properly preserved and exercised. The courier shall be deemed to be an agent of the Client, irrespective of which party issued the instructions to or paid the courier. ProBrand Africa’s is not liable for any theft, lateness or non-delivery of goods being delivered via a 3^rd party courier.
If the Goods need to be re-delivered due to refusal to accept delivery or being undeliverable or unclaimed due to incorrect address details provided by the Client or for any other reason due to the Client’s action/omission, the Client will be invoiced for any additional delivery costs, and which shall be payable on receipt.
The Client must report, by recorded delivery, to the courier any reservations the Client may have concerned the state of the Goods or their packaging, within 24 (twenty-four) hours of the delivery time. A copy of these reservations, including a picture, should be sent to ProBrand Africa within the same time frame. In the absence of notice accordingly, the Client shall be deemed to have received and have accepted the Goods in good order and condition as dispatched, delivered and invoiced by ProBrand Africa.
The Client is expected to inspect the Goods on delivery and to verify speciﬁcations and quantity. Goods may not be returned, and deliveries may not be refused except by prior written arrangement with ProBrand Africa. If any Goods sold to the Client are not in accordance with speciﬁcations, the Client shall notify ProBrand Africa in writing within 24 hours from the time of delivery. ProBrand Africa may, at its discretion, replace any Goods which were sold by ProBrand Africa directly to the Client if such Goods are not in accordance with ProBrand Africa’s speciﬁcations, alternatively (provided that the goods have not been damaged in any way whatsoever subsequent to it being dispatched or delivered to the Client, as the case may be), at ProBrand Africa discretion, ProBrand Africa shall be entitled to take the Goods back, refund the Client with the purchase price paid or by way of credit in favour of the Client. ProBrand Africa shall not be liable for any damages caused whether consequential or not.
Notwithstanding delivery and the passing of risk, ownership of the Goods remains vested in ProBrand Africa until such time as the Client shall have affected full payment, including any related costs, in accordance with the invoice. “Payment” signiﬁes the receipt of the amount due in terms of invoice/statement in the bank account of ProBrand Africa.
Unless the Client’s Order speciﬁcally states a date on or before which delivery is required and such date or any other delivery date is accepted by ProBrand Africa in writing, Orders will be accepted for delivery as and when Goods can be made available by ProBrand Africa and ProBrand Africa is entitled to execute Orders in part deliveries. Notwithstanding the aforegoing and any contrary provision which may be contained in these Terms and Conditions, the time of delivery shall not be of the essence of the contract and the Client shall not be entitled to cancel any Order should ProBrand Africa fail to deliver the Goods on the agreed date. ProBrand Africa will not be liable for any damages caused by such failure to deliver the Goods on the agreed date, whether consequential or otherwise.

Cancellations And Returns/Refunds

No cancellations and/or pausing on processing of an Order will be accepted once the artwork has been approved on any branded goods, and the Client shall be liable for full payment of such orders.
Any Order is subject to cancellation by ProBrand Africa due to Acts of God from any cause beyond the control of ProBrand Africa, including (without restricting this clause to these instances): inability to secure labour, power, materials or supplies, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought, disease, or legislation. In any such event, any monies paid by the Client to ProBrand Africa, shall be refunded in full by crediting the Client’s original method of payment.
Any Order is subject to cancellation by ProBrand Africa:-
- a) if the Client breaches any term of these Terms and Conditions;
- b) if the Client makes any attempt of compromise, liquidation, or sequestration;
- c) if a judgement is recorded against the Client;
- d) should its suppliers breach any of their/its/his/her obligations.
Fully paid Orders that remain uncollected or undeliverable for 30 (thirty) calendar days will be donated to local charities and ProBrand Africa will not be liable for any damages or consequential damages as a result thereof.
It is the Client’s responsibility to ensure that Goods are returned to Probrand Africa’s offices in Johannesburg in their original packaging, regardless of the reason for the returns.
All requests for returns or credit must be initiated in writing by the Client. No Goods may be returned or exchanged unless prior written authorisation has been obtained from ProBrand Africa. Any Goods returned at the Client’s request may be returned by a courier and which expense will be paid for by the Client. Returns of non-faulty Goods may incur a handling- or administration fees of 25% (twenty-ﬁve percent) of the total value of the Order.
Any returns or replacements for incorrect Goods, not limited to incorrect branding, should be initiated in writing by the Client, in no more than 5 (five) days from receiving the Order. Any complaint received after the 5 (five) day mark will be investigated. However, ProBrand Africa does not guarantee return or replacement of the Goods.
Any Goods returned to ProBrand Africa will require quality checking once received. If in quality checking there is lack of proof from the Client and the returned Goods are deemed correct in accordance with the Order details and the relevant approvals, the Goods will be returned to the Client, and the Client will be billed for the extra courier costs incurred. If any discrepancy is found in the returned quality checking process, ProBrand Africa will be responsible for any replacements or reprints done thereafter, including courier costs incurred.
When unwanted Goods (undamaged and unused) are to be returned: –
- a) The Client is responsible for returning the Goods to ProBrand Africa.
- b) The delivery and/or courier costs on the Order are non-refundable.
- c) The Client is responsible for the return courier costs.
- d) If the Client received free delivery on the Order, the actual cost of that delivery will be deducted from the refund, and the Client is responsible for the return courier costs.
If the Client returns only part of an Order of unwanted Goods (undamaged and unused), the following terms will apply: –

a) Courier costs for the order will not be refunded.
b) If the Client received free delivery on their Order and the sum of the partly returned Order is below the R2000.00 (Two thousand Rand) ex. VAT threshold (for branded orders), or R750 (seven hundred and fifty Rand) ex.VAT (for unbranded online orders) the actual cost of the delivery will be deducted from the refund.
c) If the Client received free delivery on their Order and the sum of the partly returned Order is above the R2000.00 (Two thousand Rand) ex. VAT threshold (for branded orders), or R750 (seven hundred and fifty Rand) ex.VAT (for unbranded online orders) the actual cost of the delivery will not be deducted from the refund.

No returns shall be permitted on the following Goods:-

a) Any Branded Goods and memory sticks;
b) Unbranded workwear with reﬂective tape;
c) Reduced To Clear or On Sale items.
d) Gift sets once ordered (excluding cases where items have been found to be faulty upon delivery/collection).

ProBrand Africa will not provide a refund if the amount is less than R50.00 (ﬁfty Rand) ex. VAT. Any refund less than R50.00 (ﬁfty Rand) ex. VAT, will be credited to the Client’s account and set off against the Client’s next Order.
Refunds shall be processed within 30 (thirty) days from acceptance of the return of the Goods by ProBrand Africa.
The provision of Goods and Services by ProBrand Africa through Online Orders (purchases made through “Add To Cart”) is subject to availability. In cases of unavailability, ProBrand Africa will refund the Client in full within 30 (thirty) days. Cancellation of Orders by the Client will attract a 25% administration fee.
ProBrand Africa cannot be held liable for branding done by a third party after buying unbranded products from it. If branding is done with a third party brander, all warranties and money back guarantees fall away.
Goods are sold voetstoots with no warranty against patent or latent defects and all other guarantees including common law guarantees are hereby specifically excluded. Services carry no guarantee.
Under no circumstances shall ProBrand Africa be liable for any consequential damages including loss of profits or for any delictual liability of any nature whatsoever, whether foreseen or not.
Under no circumstances shall ProBrand Africa be liable for any damage arising from any misuse, abuse or neglect of the Goods or Services.
Under no circumstances shall ProBrand Africa be liable for any damage or theft arising from the use of outsourced courier services in the transit and delivery of Goods to Clients.

Branding Of Products Not Supplied By ProBrand Africa

ProBrand Africa will not be held liable for any damage to Goods supplied by Clients to ProBrand Africa, whether as a result of ProBrand Africa branding the Goods or not.
ProBrand Africa will not be held liable for any losses during transit. Breakages and missing Goods will be reported as soon as they are identified.
Lead times may need to be adjusted once the Goods have been viewed at ProBrand Africa’s offices.
ProBrand Africa will not be liable for slight changes in the print result which may be due to any of the following:-

a) the texture of the item;
b) the colour of the item;
c) the nature of the artwork.

It is highly recommended that suﬃcient time be allowed for a pre-production samples to be printed for bulk orders. This will serve as a ﬁnal approval of the branding before mass production begins. The cost of this, along with delivery will be for the Client’s account. Should Clients decide not to proceed with a pre-production sample, then ProBrand Africa shall not be held liable for any errors that occur during mass production, whether consequential or not.
Should re-packaging of the Goods be required, whether requested or not, then any costs associated with this shall be for the Client’s account.

Breach

Should either the Client or ProBrand Africa commit a breach of any term of these Terms and Conditions and should the party in breach fail to remedy such breach within 7 (seven) days of written notice to do so, then the aggrieved party shall be entitled, without prejudice to the aggrieved party’s other rights in law:-
- a) to cancel this Agreement; or
- b) to claim immediate specific performance of the defaulting party’s obligations.
In either event without prejudice to the aggrieved party’s rights to claim damages or any other relief available in law.
Should the party in breach be the Client and ProBrand Africa is required to institute legal proceedings to enforce its rights in terms of these Terms and Conditions, the Client agrees that it shall be liable for and pay ProBrand Africa’s collection commission, tracing fees as well as its legal fees on the scale of attorney and own client. These remedies are without prejudice to any other right ProBrand Africa may be entitled to in terms of the Agreement or in law. ProBrand Africa reserves its right to stop supply immediately on cancellation or on non-payment.

Non-Variation And Non-Waiver

These Terms and Conditions constitute the sole Terms and Conditions between the Parties with regard to the subject matter hereof and neither Party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
No addition to, variation of these Terms and Conditions shall be of any force or effect unless in writing and signed by or on behalf of both Parties.
No relaxation or indulgence that either Party may grant to the other shall constitute a waiver of the rights of that Party and shall not preclude that Party from exercising any rights which may have arisen in the past or which might arise in future.

Applicable Law

These Terms and Conditions will in all respects be governed by and construed under the laws of the Republic of South Africa.

Size Tolerance Policy

A tolerance of approximately 2cm is permitted between garment sizes. Please be advised that items may not always conform to exact specifications but will generally fall within this established range. This variance occurs due to manufacturing variables such as fabric displacement during the cutting process and slight variations in seam allowances throughout production. For example, if the stated half-chest measurement for a Medium size is 51cm, the actual measurement may range from 49cm to 53cm.

Error

ProBrand Africa takes all reasonable efforts to accurately reﬂect the description, availability, purchase price and delivery charges of Goods on its website/s. However, should there be any errors of whatsoever nature on the website (which are not due to ProBrand Africa’s gross negligence), ProBrand Africa shall not be liable for any loss, claim, expense, damages (whether consequential or not) relating to a transaction based on any error, save in the case of any incorrect purchase price and to the extent of refunding the Client for any amount already paid, or otherwise as set out in the Returns Policy.

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