1. VALIDITY
1.1 Prices quoted and/ or displayed on Keepsake Creative's online store are subject to rate of exchange and may fluctuate.
2. CONTENT AND PRINT MATERIAL
2.1 Artwork origination will be executed in accordance with the design brief. A visual proof (digital copy) will be supplied, marked ‘visual mockup’. This proof is for the customer to view and adjust changes if need be. Should changes be required a ‘revised proof’ is submitted to ensure the customer is satisfied with amendments. Thereafter, any changes made to the design proofs will constitute ‘’Authors Correction’’ and will be charged accordingly. At time of production, a final proof may be given to customer for approval only should continual changes have had been made, which he/she needs to approve. It is imperative the customer reads all copy and ensures that no errors have been introduced. Any errors found after production has taken place, is for the Customers’ account.
2.2 The onus is on the Customer to ensure that its content files (data to be copied) and/or print material is correct. It is not the responsibility of Keepsake Creative to check the content to ensure that it plays or works correctly, this is the responsibility of the Customer. Should Keepsake Creative be required to collect the Customer’s master and/or print material on more than one occasion due to an error and/or omission on the part of the Customer, or for any reason whatsoever, Keepsake Creative reserves the right to levy a charge in respect of the collection thereof.
2.3 Keepsake Creative shall not be liable for any error and/or omission on the part of the Customer, or for any reason whatsoever, once the Customer has approved the digital draft copy.
2.4 Keepsake Creative cannot guarantee the longevity of the UV inkjet printed artwork onto non-porous materials for example, metal, glass or ceramic surfaces.
2.5 Keepsake Creative shall not be liable for any print colour discrepancies. Should the Customer require precise print colour accuracy, a Pantone colour should be supplied to Keepsake Creative by the Customer. If Pantone colour is not possible (due to print process), a CMYK print proof should be requested by the Customer. The onus is on the Customer to request this CMYK print proof from Keepsake Creative. Shall no print proof be requested by Customer, Keepsake Creative will not be held liable for any print colour discrepancies.
3 DELIVERY
3.1 Delivery will be made at the place specified in the shipping delivery location. Additional charges may apply in respect of delivery to other areas.
3.2 Keepsake Creative shall have the right to affect part deliveries, where necessary. Neither failure on Keepsake Creative's part to make delivery or part delivery in accordance with these conditions nor any claim by the Customer in respect of such delivery or part delivery shall entitle the Customer to reject the balance.
3.3 Keepsake Creative shall not be held liable for any loss of income due to deadlines not being met.
4 LIABILITY FOR DELAY
4.1 Any times quoted for delivery are dependent upon Keepsake Creative receiving all necessary access and assistance to enable them to commence work and to proceed therewith without interruption. All delivery times are estimates only and Keepsake Creative shall not be liable for late delivery. In all cases, whether a time for delivery be quoted or not, the time for delivery shall be extended by a reasonable period if delay in delivery is caused by instructions, or lack of instructions, from the Customer or by industrial dispute or by reason of force majeure or by any cause whatsoever beyond our reasonable control. A contract shall not be cancelled on the ground of Keepsake Creative's delay unless they shall first have received reasonable notice of the Customer’s intention to insist on adherence to contractual delivery dates.
5 TERMS OF PAYMENT
5.1 All prices indicated on Keepsake Creative's online shop are excluding Value Added Tax (VAT).
5.2 Prices are subject to exchange rate fluctuation and the quotation must be accepted before an order is considered finalized.
5.3 Keepsake Creative’s terms for payment are as follows:
5.3.1 100% (one hundred percent) of the full purchase price is to be paid upon placement of order.
5.3.2 If the Customer fails to make payment in accordance with Keepsake Creative's Conditions or fails to comply with any provision(s) of these Conditions, Keepsake Creative reserves the right to cancel any undelivered portion of the goods, the Customer remains responsible for the completed and partly completed work up to the date of such cancellation.
5.3.3 Once an order is accepted and finalized it may not be cancelled by the Customer under any circumstances whatsoever. Keepsake Creative will, in the least, be entitled to pro-rata payment for share of work done.
5.3.4 Should any payment not be made by due date, Keepsake Creative shall be entitled to cancel the contract and retain all amounts paid as roukoop or a genuine pre-estimate of damages suffered by them.
5.3.5 In the event of Keepsake Creative instructing its attorneys to take steps to enforce any of its rights under this agreement, the Customer shall pay on demand to Keepsake Creative such collection charges and other legal costs on an attorney and own client basis which shall be lawfully charged by the attorneys.
5.3.6 Where the production of a job is delayed due to the customers fault, then Keepsake Creative will be entitled to full payment within 30 days of acceptance of the order by the customer, even though full production cannot yet be completed.
6 ARBITRATION
6.1 If at any time any dispute whatsoever shall arise in relation to or in connection with the contract, either of the parties may give to the other notice in writing of the existence of such dispute and then same shall be referred to the decision of a single arbitrator in Cape Town, to be agreed upon between the parties or, in default of agreement for 14 (fourteen) days, to be appointed at the request of either party by the Arbitration Foundation of South Africa in accordance with and subject to its rules and the provisions of the Arbitration Act 42 of 1965, or any statutory modification or re-enactment thereof for the time being in force.
7 GENERAL PRICE VARIATION
7.1 Keepsake Creative’s prices are based on the cost of materials, transport and labour ruling at the date of its quotation and, unless otherwise stated, if between that date and the date of delivery, variations occur in these costs, then prices quoted shall be amended to provide for these variations.
8 CONSEQUENTIAL DAMAGES
8.1 Under no circumstances whatsoever will Keepsake Creative, at any time, be liable for any claims for consequential loss or damage that may be sustained by the Customer or for any claims made by another person whatsoever, in connection with any contracts made by Keepsake Creative or the use of goods sold by them and whether due to delay, defects, negligence or otherwise.
8.2 Keepsake Creative will transport goods from the factory at the Customers request. Keepsake Creative may not be held responsible in any ways or means, for any delay in delivery or non delivery should a contracted courier company be used for delivery.
8.3 Should the Customer find a product to be faulty or damaged, it is the Customers responsibility to inform Keepsake Creative immediately so the necessary procedures can take place to rectify the issue.
8.4 Keepsake Creative carries a 2 year guarantee on all USB chipsets. Should the Customer receive a faulty USB chipset, the problematic USB must be returned to Keepsake Creative. Keepsake Creative will test USB to validate if chipset is faulty. Keepsake Creative can either refund or replace the faulty chipset.
9 GENERAL
9.1 No amendment or variation of the contract or these conditions shall be of any force or effect unless recorded in writing and agreed to by both parties.
9.2 The Customer hereby acknowledges that they have read and understood each and every term and condition outlined herein and accepts same to be binding on them.
9.3 The Customer hereby warrants that they have been duly authorized to contract on its behalf. The Customer hereto binds him/herself in his/her personal capacity as co-principal debtor in solidum for the full amount due to Keepsake Creative and hereby agrees that the terms and conditions outlined herein shall apply mutatis mutandis to him/her.
10 STOCK
10.1 Quotations for goods stated to be for delivery from stock are subject to Keepsake Creative not having sold or committed themselves to third parties in respect of such stock at the date of acceptance of its quotation by the Customer.
10.2 Should the Customer place an order with Keepsake Creative, via the Online Shop and the Customer has paid for the order, Keepsake Creative reserves the right to cancel the order, and issue a full refund, or notify the Customer via email that the product ordered is currently out of stock. Keepsake will communicate with the Customer to see if an alternative product is available to offer in lieu of ordered stock. Should the alternative product be more in Rand value, the Customer will be required to pay in the difference owing. Should the alternative product be less in Rand value, Keepsake Creative will refund the remaining credit.