Terms of service

Terms of Sale and Service

Last updated: August 2026

These Terms of Sale and Service ("Terms") apply to purchases made from Keepsake Creative through our website, by email, through an accepted quotation or invoice, or by any other agreed ordering method.

Throughout these Terms, "Keepsake Creative", "we", "us" and "our" refer to the business trading as Keepsake Creative. "Customer", "you" and "your" refer to the person, business or other entity purchasing goods or services from us.

By placing an order, accepting a quotation, making payment, instructing us to proceed with an order, approving artwork or requesting production, you agree to these Terms to the extent applicable to your transaction.

These Terms must be read together with our Shipping Policy, Refund Policy, Privacy Policy and any quotation, invoice, order confirmation, approved artwork, production specification or other written agreement applicable to your order.

Nothing in these Terms is intended to exclude, restrict or waive any right or remedy that cannot lawfully be excluded under applicable South African law, including the Consumer Protection Act 68 of 2008 ("CPA") and Electronic Communications and Transactions Act 25 of 2002 ("ECTA").

1. Business Information

Goods and services are supplied by:

Registered name: Keepsake Creative
Legal status: Close Corporation (CC)
Registration number: 2008/029279/23
Place of registration: South Africa
Physical / business address: Coral Grove, 100 Rocky Close, Milnerton, Cape Town, 7441
Email: orders@keepsakecreative.co.za
Telephone / WhatsApp: +27 76 339 5772
Website: www.keepsakecreative.co.za

2. Products and Services

Keepsake Creative supplies promotional products, corporate gifts, clothing, workwear, headwear, bags, drinkware, stationery, technology products, displays, packaging and related products.

Unless a product listing expressly states otherwise, products purchased directly through our online store are supplied unbranded.

Branding, personalisation, customisation, assembly or other production services may be requested separately and may be quoted or invoiced in addition to the price paid for the unbranded goods.

Some products and services are sourced or fulfilled through third-party manufacturers, wholesalers, branding partners, production partners, warehouses and logistics providers.

3. Online Orders for Unbranded Stock

Most products displayed on our online store are standard, unbranded stock products.

When you purchase such a product through the website, you are purchasing the unbranded product described on the applicable product page unless branding or customisation is expressly included in that listing.

The customer is responsible for reviewing the product description, available specifications, dimensions, material information, colours, quantities and other relevant information before placing an order.

An online order confirmation confirms that we have received your order. Final fulfilment remains subject to payment confirmation, stock availability, verification of material pricing or listing errors and any other circumstances reasonably affecting our ability to fulfil the order.

4. Branding Requested After an Online Purchase

If you purchase unbranded goods through our online store and subsequently request branding, personalisation, alteration, assembly or another custom service, Keepsake Creative may prepare a separate quotation or invoice for the complete order including the additional services.

Where appropriate, the amount already paid for the unbranded goods will be allocated or credited towards the total amount due, and the customer will be required to pay the outstanding balance before production proceeds.

The additional branding or customisation instruction becomes part of the agreement between Keepsake Creative and the customer once accepted by us.

Once the customer has approved the applicable artwork or mock-up, paid any additional amount required and authorised production to proceed, the products affected by that instruction will be treated as customised or personalised goods to the extent permitted by applicable law.

Goods which have already been branded, altered or personalised at the customer's request may consequently no longer qualify for a change-of-mind or cooling-off return where a statutory exclusion applies.

5. Custom Packaging

Unless expressly stated otherwise on the relevant product page or quotation, products sold by Keepsake Creative as Custom Packaging incorporate customer-specific printing, branding, manufacture, sizing, finishing and/or configuration.

Custom Packaging is therefore treated as customised or made-to-order goods.

Once materials have been specially ordered, artwork has been approved, printing or manufacture has commenced, or other customer-specific costs have been incurred, the order cannot ordinarily be cancelled or returned for change of mind.

This does not limit any applicable rights relating to defective goods, incorrect supply or goods that materially fail to correspond with the agreed specification.

6. Product Information, Images and Specifications

We take reasonable care to ensure that product descriptions, photographs, dimensions, materials, capacities and specifications displayed on our website are accurate.

However, reasonable variations may occur as a result of manufacturing processes, different production batches, materials, photography, lighting and digital screen display.

Product images are intended to provide a reasonable representation of the product and are not necessarily an exact representation of colour, texture, finish, thickness or scale.

Dimensions and capacities may also be subject to reasonable manufacturing tolerances.

Where a precise physical characteristic is important to your purchasing decision, please contact us before ordering or request a sample where one is available.

7. Product Selection, Samples and Intended Use

The customer is responsible for selecting products appropriate for their intended use where a particular purpose or performance requirement has not been communicated to Keepsake Creative before purchase.

Characteristics including perceived thickness, softness, rigidity, texture, weight, colour, finish and overall feel may be subjective.

Where a particular requirement is important, including:

  • load-bearing requirements;
  • fabric weight or thickness;
  • material strength;
  • durability;
  • exact colour;
  • garment fit or sizing;
  • outdoor use;
  • food-contact requirements;
  • technical compatibility; or
  • any unusual or specialised application,

the customer should advise Keepsake Creative of that requirement before placing the order.

Where available, customers are encouraged to purchase or request a sample before committing to a larger quantity where the physical appearance, material, weight, construction, size or feel of the product is particularly important.

A customer's preference for a different physical characteristic after receiving goods does not, by itself, mean that the product is defective or incorrectly supplied where the goods materially correspond with the product ordered and its stated description.

Nothing in this clause limits rights that may arise where the customer expressly communicated a particular intended purpose and relied on Keepsake Creative's skill or judgement in selecting suitable goods.

8. Stock Availability

All products are subject to availability.

Stock displayed on our website may originate from one or more third-party supplier warehouses and may change without notice.

Although we make reasonable efforts to maintain accurate stock information, website stock levels cannot be guaranteed until the order has been processed and stock availability has been confirmed.

Stock may also be reserved, sold or allocated by a supplier between the time a customer views the website and the time an order is processed.

If an item becomes unavailable after an order has been placed, Keepsake Creative may:

  • offer an alternative product for customer approval;
  • offer a revised availability date;
  • place the item on backorder with the customer's agreement; or
  • refund the affected product where we are unable to supply it.

We will not substitute a materially different product without customer approval.

9. Pricing and Errors

Prices displayed on the website are subject to change without prior notice for future transactions.

An accepted and paid order will ordinarily be supplied at the agreed price.

However, Keepsake Creative reserves the right to correct an obvious pricing, catalogue, data-import, product-description or technical error.

If a material error is identified before fulfilment, we may contact the customer and offer the choice of proceeding at the corrected price or cancelling the affected product for a refund.

We are not obliged to fulfil an order at a price which an ordinary reasonable customer would recognise as an obvious error.

VAT, courier charges, branding charges, artwork charges and other applicable charges will be reflected where relevant on the website, quotation or invoice.

10. Quotations

Written quotations are valid for the period stated on the quotation.

Where no validity period is stated, product pricing, supplier pricing, branding costs, stock availability and production capacity remain subject to confirmation before the order is accepted.

A previous quotation or previous order does not guarantee the same price, stock availability, production cost or lead time on a repeat order.

11. Payment

Payment may be made using the payment methods made available through our website or stated on a Keepsake Creative quotation or invoice.

Unless alternative terms have been expressly approved by Keepsake Creative, orders must be paid in full before stock is released for production or dispatch.

Payment is regarded as received only once funds have cleared and are reflected as received by Keepsake Creative or the applicable authorised payment provider.

International payments and certain electronic transfers may require additional clearing time.

Where a customer requests additional products, quantities, branding or other work after the original order has been placed, the additional amount must be paid before the affected additional work proceeds unless otherwise agreed.

12. Payment Reversals and Chargebacks

A payment reversal, chargeback or payment-provider dispute does not automatically cancel an otherwise valid debt or order.

Customers must not initiate a chargeback dishonestly or as a substitute for communicating a legitimate dispute to Keepsake Creative.

Where goods or services were validly supplied and an amount lawfully remains due, Keepsake Creative reserves the right to recover that amount and any reasonable recovery costs to the extent permitted by law.

13. Order Acceptance and Right to Decline an Order

Keepsake Creative reserves the right to decline, hold or cancel an order for a legitimate reason, including:

  • stock unavailability;
  • an obvious pricing or catalogue error;
  • failed or reversed payment;
  • suspected fraud;
  • unlawful or unauthorised artwork;
  • production limitations;
  • inability to meet an essential customer deadline;
  • unacceptable commercial, production or safety risk;
  • supplier cancellation or discontinuation; or
  • circumstances beyond our reasonable control.

If Keepsake Creative cancels an order after receiving payment and the customer is not responsible for the cancellation, amounts paid for products or services that will not be supplied will be refunded.

14. Artwork Requirements

The customer is responsible for supplying artwork suitable for the required branding method.

Artwork requirements depend on the production process and may include vector or high-resolution files.

Where artwork requires redrawing, conversion, typesetting, cleanup or other preparation, additional charges may apply.

Any chargeable artwork preparation will be communicated before the applicable work proceeds.

Keepsake Creative is not responsible for unavoidable quality limitations resulting from customer-supplied artwork that is unsuitable for the selected production process where those limitations were reasonably apparent or communicated.

15. Customer Artwork, Logos and Intellectual Property

By supplying a logo, trademark, design, photograph, wording, artwork or other material to Keepsake Creative, the customer confirms that they own the material or have the necessary authority and permission to reproduce it.

The customer authorises Keepsake Creative and our production partners to reproduce such material to the extent reasonably necessary to fulfil the customer's order.

Keepsake Creative does not acquire ownership of customer intellectual property merely by receiving or reproducing it.

The customer is responsible for claims arising from artwork or intellectual property supplied by the customer without the necessary permission, to the extent permitted by applicable law.

Keepsake Creative reserves the right to refuse to reproduce material that appears unlawful, infringing, offensive or otherwise inappropriate for production.

16. Artwork and Mock-Up Approval

Where a visual mock-up, proof or artwork layout is supplied, the customer must review it carefully before approving production.

Approval confirms acceptance of all reasonably visible and recorded details, including where applicable:

  • product selection;
  • product colour;
  • artwork;
  • spelling;
  • layout;
  • branding position;
  • branding size;
  • branding colours;
  • quantities; and
  • other specifications shown on the proof.

The customer is responsible for errors that were reasonably visible on the approved artwork or proof.

Once artwork has been approved and production has commenced, changes may not be possible.

If a customer requests changes after approval, additional artwork, setup, stock, production and courier costs may apply and the lead time may be extended.

If Keepsake Creative or its production partner produces the goods materially differently from the customer's approved specification, the matter will be treated as a production issue and investigated accordingly.

17. Exact Repeat Orders

If the customer expressly requests an exact repeat of a previous branded order, Keepsake Creative may use the previously approved artwork, branding position, size and production specification as the production reference.

Customers requesting a repeat order remain responsible for confirming any changes to quantities, products, colours, sizes, artwork or other requirements.

Product batches, supplier stock, materials, pricing and production results may vary reasonably between separate orders.

18. Branding Colours and Production Tolerances

Different branding methods, materials and equipment reproduce colour differently.

Where technically possible, Keepsake Creative will endeavour to obtain a reasonable commercial match to supplied colour references.

An exact colour match cannot always be guaranteed between different:

  • materials;
  • substrates;
  • product colours;
  • branding processes;
  • printers or machinery;
  • manufacturing batches; or
  • repeat orders.

CMYK printing cannot reproduce every Pantone, fluorescent, metallic or speciality colour exactly.

Reasonable production tolerances and variations inherent in the selected manufacturing or branding process will not, by themselves, constitute defects.

19. Branding Durability and Product Care

Branding durability depends on the selected process, product material, use, cleaning, washing, storage, abrasion, environmental exposure and product care.

Customers must follow applicable washing and care instructions.

Keepsake Creative does not provide an unlimited guarantee that branding will remain visually unchanged indefinitely.

This does not limit statutory rights relating to defective goods or defective workmanship.

20. Production Lead Times

Production lead time begins only once Keepsake Creative has everything reasonably required to proceed.

For branded orders this will ordinarily include:

  • payment;
  • final artwork;
  • customer approval of the applicable mock-up or proof; and
  • confirmation of any outstanding production specifications.

Unless a different period is stated for a specific product, quotation or order, standard branded orders generally require approximately 7 to 10 working days for production, excluding courier transit time.

Custom Packaging, specialised manufacturing, high-volume orders and certain production methods may require longer.

Unbranded stock will generally be processed more quickly, subject to supplier warehouse locations, stock transfers, consolidation requirements and courier collections.

Lead times exclude weekends, South African public holidays and notified annual shutdown periods.

21. Customer-Caused Delays and Order Changes

Any delivery or production date may be adjusted where progress is delayed because the customer:

  • does not provide artwork;
  • delays artwork approval;
  • requests changes;
  • changes quantities or specifications;
  • provides incomplete or incorrect information;
  • delays payment; or
  • otherwise prevents production from proceeding as scheduled.

Keepsake Creative will not be responsible for a missed original deadline to the extent that the delay was caused by the customer.

22. Urgent Orders and Fixed Deadlines

If goods are required for an event, campaign, opening, conference or other fixed deadline, the customer must communicate that deadline before placing or confirming the order.

Production and delivery estimates are not guarantees unless Keepsake Creative has expressly confirmed a particular deadline in writing.

Where an urgent deadline has been confirmed and circumstances subsequently change, we will take reasonable steps to communicate the change and discuss available alternatives.

To the extent permitted by law, Keepsake Creative will not be responsible for indirect business losses, loss of income, loss of opportunity, event costs or other consequential loss arising solely because goods arrive later than expected, particularly where the delay resulted from circumstances outside our reasonable control.

23. Delivery

Delivery may take place by:

  • courier arranged by Keepsake Creative;
  • direct dispatch from a supplier or production partner;
  • customer-appointed courier;
  • collection; or
  • another agreed delivery method.

The customer is responsible for supplying an accurate and complete delivery address, recipient name and contact number.

Additional courier costs resulting from incorrect customer-supplied information, redirection, unsuccessful delivery attempts or customer-requested delivery changes may be charged to the customer where reasonably incurred.

24. Partial Deliveries and Multiple Suppliers

Products within a single customer order may be sourced from different warehouses or production partners.

Keepsake Creative may therefore make partial deliveries where reasonably necessary.

A valid partial delivery does not automatically entitle the customer to reject the remaining conforming portion of the order, subject to any statutory rights that apply.

If Keepsake Creative elects to split a shipment for our own operational convenience, additional courier charges will not be imposed without prior customer agreement.

25. Courier Risk, Loss, Theft and Insurance

IMPORTANT – PLEASE READ BEFORE SELECTING COURIER DELIVERY: Courier consignments are carried by independent third-party transport providers. Their standard liability or goods-in-transit cover may be substantially lower than the actual value of your order.

South African courier consignments may be exposed to theft, vehicle hijacking, accidental loss, damage and other transport risks.

Keepsake Creative does not automatically purchase additional goods-in-transit insurance for the full value of every order.

If the value of your order exceeds the applicable courier's standard liability or claim limit and you require additional cover, you must request additional goods-in-transit insurance before dispatch.

Any additional premium or insurance charge will be quoted separately and must be accepted and paid before dispatch.

Where additional insurance has not been requested and purchased, any recovery relating to loss, theft, hijacking or damage in the custody of an independent courier may be limited to the amount recoverable under that courier's applicable terms, waybill conditions or standard liability cover, to the fullest extent permitted by applicable law.

Keepsake Creative will reasonably assist with a legitimate courier claim where the courier was arranged through us, but we do not independently insure the consignment beyond the insurance or carrier liability applicable to that shipment.

To the fullest extent permitted by law, Keepsake Creative will not assume unlimited liability for loss caused solely by theft, hijacking, loss, damage or misconduct occurring while goods are in the custody and control of an independent courier.

This clause must be read together with the courier-insurance notice presented before checkout and our Shipping Policy.

Nothing in this clause excludes any responsibility that applicable South African law does not permit Keepsake Creative to exclude or limit.

26. Customer-Appointed Couriers

Where the customer appoints, instructs and contracts with their own courier or transport provider to collect goods, Keepsake Creative's delivery obligation will ordinarily be completed when the correctly prepared goods are handed over to the customer's authorised carrier, subject to applicable law and any specific written agreement.

The customer is responsible for insurance and claims relating to their independently appointed courier.

27. Delivery Estimates and Courier Delays

Courier transit times are estimates unless an expressly guaranteed service has been agreed.

Courier operations are outside the direct control of Keepsake Creative.

If an independent courier experiences a delay, Keepsake Creative will reasonably assist with tracking and escalation where we arranged the delivery.

Courier delays do not automatically constitute a failure by Keepsake Creative where we dispatched the goods within the agreed timeframe and the delay arose solely while the shipment was under the control of an independent transport provider, subject to applicable statutory rights.

28. Air Freight and Restricted Goods

Certain products may be subject to road-freight, aviation, dangerous-goods, lithium-battery or other transport restrictions.

This can include certain power banks, batteries, liquids and other restricted products.

Alternative transport methods and additional transit time may therefore be required.

29. Cancellation of Unbranded Orders

A request to cancel an unbranded order will be considered according to:

  • the status of the order;
  • whether the goods have already been dispatched;
  • whether stock was specially sourced or consolidated;
  • supplier cancellation or return charges;
  • costs already incurred; and
  • any statutory cancellation rights applicable to the transaction.

Where cancellation is discretionary rather than a statutory right, Keepsake Creative may deduct reasonable non-recoverable costs already incurred before refunding the balance.

30. Online Cooling-Off Rights

Where section 44 of ECTA applies to a qualifying electronic transaction, a consumer may cancel the transaction without reason and without penalty within seven (7) days after receiving the goods.

The customer must notify Keepsake Creative within the applicable cooling-off period.

The customer is responsible for the direct cost of returning goods under the ECTA cooling-off provision.

Where payment has already been made, the statutory refund will be processed within the period required by ECTA.

No handling or administrative penalty will be charged where prohibited by the applicable statutory cooling-off provisions.

31. Cooling-Off Exclusions and Custom Goods

The ECTA cooling-off right does not apply where a statutory exclusion applies.

Among other exclusions specified by law, this may include goods that:

  • are made to the customer's specifications;
  • are clearly personalised;
  • by reason of their nature cannot be returned; or
  • are likely to deteriorate or expire rapidly.

Custom-branded products, personalised goods and Custom Packaging may therefore fall outside the statutory cooling-off right where the applicable legal requirements for the exclusion are satisfied.

32. Cancellation of Branded and Custom Orders

Once a customer-specific order has progressed into custom production, cancellation may no longer be possible.

This includes circumstances where:

  • custom materials have been ordered;
  • goods have been altered;
  • branding has commenced;
  • printing has commenced;
  • custom packaging manufacture has commenced;
  • special assembly or consolidation has commenced; or
  • other customer-specific non-recoverable costs have been incurred.

Where Keepsake Creative nevertheless agrees to cancel a custom order before completion, the customer remains responsible for reasonable costs already incurred and work already performed, to the extent permitted by law.

33. Change-of-Mind and Discretionary Returns

Where a customer has no statutory right to return the goods, Keepsake Creative may elect to accept a discretionary return of standard unbranded stock.

Prior return approval must be obtained before goods are sent back.

A discretionary return may be subject to:

  • supplier return approval;
  • the condition of the goods;
  • the original packaging being intact;
  • a handling and administrative fee of up to 25%;
  • non-refundable original courier charges; and
  • return courier costs for the customer's account.

No handling fee will be imposed where doing so would conflict with a statutory return right.

Acceptance of a discretionary return in one case does not create an obligation to accept the same or similar return in future.

34. Condition of Returned Goods

Where condition is relevant to a discretionary or change-of-mind return, goods should be returned:

  • unused;
  • unworn;
  • undamaged;
  • unmodified;
  • complete;
  • suitable for resale; and
  • with original packaging and accessories where reasonably applicable.

Keepsake Creative may refuse a discretionary return where the goods have been used, worn, damaged, altered, branded, personalised or returned in a condition that materially reduces their resale value.

35. Non-Returnable Discretionary Items

Subject always to statutory rights that may apply, Keepsake Creative does not ordinarily accept change-of-mind or discretionary returns of:

  • custom-branded goods;
  • personalised goods;
  • Custom Packaging;
  • goods manufactured or altered to customer specification;
  • products specially assembled or consolidated for the customer;
  • hygiene-sensitive products where resale would be inappropriate;
  • perishable goods;
  • goods that cannot reasonably be resold once opened or used;
  • clearance or discontinued goods identified as such where permitted by law; and
  • other products excluded from a statutory cooling-off right.

36. Incorrect Products, Shortages and Delivery Damage

Customers are requested to inspect goods promptly after delivery or collection.

Visible shortages, incorrect products and immediately apparent transit damage should be reported to Keepsake Creative as soon as reasonably possible.

Customers may be asked to provide photographs, packaging photographs, courier labels and other information reasonably required to investigate the claim.

Prompt reporting assists us with supplier and courier claims.

A request for prompt notification does not remove a statutory right that remains available to the customer.

37. Defective Goods

Where the CPA applies, goods supplied by Keepsake Creative are subject to the applicable statutory implied warranty of quality.

If qualifying goods fail to meet the statutory standards within the applicable warranty period, the customer may have the remedies provided by the CPA.

Depending on the circumstances, this may include repair, replacement or refund.

Where applicable law requires qualifying defective goods to be returned at the supplier's risk and expense, Keepsake Creative will comply with that requirement.

The following will not ordinarily constitute product defects:

  • ordinary wear and tear;
  • misuse or abuse;
  • incorrect washing or cleaning;
  • improper storage;
  • unauthorised modification;
  • damage occurring after delivery through customer handling;
  • use outside the product's reasonably intended purpose; or
  • reasonable manufacturing or production variations.

38. Branding and Production Claims

Where a complaint concerns printing, engraving, embroidery or another branding process, the customer should contact Keepsake Creative as soon as reasonably possible and provide photographs and other information reasonably required to investigate the issue.

Keepsake Creative may require the affected goods to be returned for inspection.

Where production is found to differ materially from the approved specification due to a production error, an appropriate remedy will be determined having regard to the circumstances and applicable law.

This may include rework, repair, replacement or refund.

39. Returns Procedure

Customers must contact Keepsake Creative before returning goods.

Goods must not be returned directly to one of our suppliers or branding partners unless Keepsake Creative specifically instructs the customer to do so.

We may request:

  • the order or invoice number;
  • product details;
  • quantity;
  • reason for return;
  • photographs; and
  • any other information reasonably required to investigate the return.

40. Refunds

Where returned goods must first be inspected, Keepsake Creative may process the refund after confirming that the correct quantity has been returned and that the return meets the applicable requirements.

Refunds will ordinarily be made using the original payment method where reasonably practicable.

Statutory refunds will be processed within the period required by law.

For discretionary returns, reasonable amounts expressly permitted under these Terms may be deducted from the refund.

41. Original and Return Courier Charges

Courier charges are treated according to the basis of the return.

For a qualifying ECTA cooling-off return, the refund and return costs will be dealt with in accordance with ECTA.

For a discretionary change-of-mind return, original delivery charges are ordinarily non-refundable and the customer is responsible for return delivery costs.

Where goods qualify as defective or incorrectly supplied and applicable law places the reasonable return cost on Keepsake Creative, we will arrange or reimburse the applicable transport accordingly.

42. Supplier and Manufacturer Warranties

Certain products may carry an additional manufacturer or supplier warranty.

Such warranties are subject to the terms, duration and exclusions specified by the applicable manufacturer or supplier.

Keepsake Creative does not independently extend or enlarge a manufacturer's or supplier's warranty unless we expressly agree to do so in writing.

Where reasonably appropriate, we will assist customers with valid supplier or manufacturer warranty claims.

Any additional manufacturer or supplier warranty operates in addition to statutory rights that cannot lawfully be excluded.

43. Display Products and Replacement Skins

Replacement display skins are produced for specific compatible display systems.

The customer is responsible for ensuring that the replacement skin ordered is suitable for the relevant hardware.

Keepsake Creative cannot guarantee compatibility between our replacement skins and third-party or incompatible display hardware.

If Keepsake Creative is requested to refit a skin to existing customer hardware, the hardware may first need to be inspected.

Faulty, damaged, distorted or incompatible hardware may prevent successful fitting and may require repair or replacement at additional cost.

44. Clothing, Workwear and Sizing

Garment sizing may vary between manufacturers, product ranges and styles.

Customers are responsible for reviewing available sizing information before ordering.

Where sizing or fit is important, customers are encouraged to request size specifications or samples before placing a large order.

Branded, altered, specially manufactured or customised garments cannot ordinarily be returned for incorrect customer-selected sizing or preference where no statutory return right applies.

45. Samples

Samples may be supplied or sold by arrangement and subject to availability.

Any sample cost and courier charge will be confirmed before dispatch.

Unless a statutory return right applies, return of a sample is subject to prior approval, the nature and condition of the product and applicable supplier return conditions.

Used, worn, damaged, branded or personalised samples will not ordinarily qualify for a discretionary refund.

46. Intellectual Property on the Website

The Keepsake Creative name, branding, original website content, graphics and other material owned by Keepsake Creative are protected by applicable intellectual-property laws.

Third-party trademarks, product images, logos and other intellectual property remain the property of their respective owners.

Logos shown on example branded products are illustrative and do not imply endorsement, affiliation or that Keepsake Creative is authorised to reproduce the mark for a customer who does not have the appropriate rights.

47. Website Availability and Information

We make reasonable efforts to keep the website accurate, secure and available.

However, the website may occasionally contain errors or experience interruptions caused by maintenance, Shopify, third-party services, internet failures or other technical events outside our reasonable control.

To the fullest extent permitted by law, Keepsake Creative will not be liable for indirect losses arising solely from temporary website unavailability or an obvious website error.

48. Limitation of Liability

IMPORTANT: THIS SECTION LIMITS CERTAIN LIABILITIES OF KEEPSAKE CREATIVE. IT DOES NOT EXCLUDE LIABILITY OR CUSTOMER RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED.

To the fullest extent permitted by applicable law, Keepsake Creative will not be liable for indirect, special, incidental or consequential losses that were not reasonably foreseeable as a direct consequence of our breach.

This may include, where legally permissible, indirect losses relating to:

  • lost profit;
  • lost revenue;
  • lost business opportunities;
  • missed promotional opportunities;
  • event expenses;
  • reputational loss; or
  • third-party claims arising indirectly from delay.

Nothing in these Terms:

  • excludes liability that may not legally be excluded;
  • excludes liability for gross negligence where prohibited;
  • excludes statutory product-liability obligations;
  • removes an applicable statutory warranty; or
  • deprives a protected consumer of a remedy that applicable law makes mandatory.

49. Third-Party Suppliers and Production Partners

Keepsake Creative may use independent suppliers, manufacturers, branding partners, logistics providers and other contractors to fulfil customer orders.

Keepsake Creative remains responsible for our own contractual and statutory obligations but cannot guarantee that independent third parties will never experience stock shortages, machinery failure, labour disruption, transport interruption or other unforeseen events.

Where a third-party event materially affects the customer's order, we will take reasonable steps to manage the matter, obtain updated information and communicate available alternatives.

50. Force Majeure and Events Outside Reasonable Control

Neither party will be liable for a delay or failure to perform to the extent performance is prevented by circumstances beyond that party's reasonable control.

Such circumstances may include:

  • natural disasters;
  • fire or flood;
  • severe weather;
  • civil unrest;
  • war;
  • government restrictions;
  • load-shedding or major infrastructure failure;
  • labour disruption;
  • transport disruption;
  • courier network disruption;
  • customs or port delays;
  • major telecommunications failures;
  • supplier shutdowns caused by circumstances outside reasonable control; or
  • similar events which could not reasonably have been prevented.

The affected party must take reasonable steps to reduce the impact and resume performance when reasonably possible.

Nothing in this clause overrides a statutory cancellation or refund right that applies despite the event.

51. Privacy and Personal Information

Personal information is processed in accordance with our Privacy Policy and applicable South African data-protection law.

Information may be shared with suppliers, production partners, payment providers and courier companies where reasonably necessary to fulfil the customer's order.

Please refer to our Privacy Policy for further details.

52. Complaints

If you have a concern regarding an order, please contact Keepsake Creative at orders@keepsakecreative.co.za so that we have a reasonable opportunity to investigate and resolve the matter.

We may request photographs, returned goods, artwork approvals, courier documentation or other relevant evidence depending on the nature of the complaint.

53. Dispute Resolution

The parties are encouraged to attempt to resolve disputes directly and in good faith before commencing formal proceedings.

Where appropriate, the parties may agree to mediation, arbitration or another alternative dispute-resolution process.

Nothing in these Terms requires a consumer to waive a statutory right to refer a matter to an applicable ombud, consumer body, tribunal, commission or court where such a right exists.

54. Governing Law

These Terms and all transactions with Keepsake Creative are governed by the laws of the Republic of South Africa.

Applicable legislation may include, where relevant, the Consumer Protection Act 68 of 2008, Electronic Communications and Transactions Act 25 of 2002, Protection of Personal Information Act 4 of 2013 and other applicable South African legislation.

The application of particular consumer-protection provisions may depend on the nature of the customer and transaction.

55. Electronic Communications

The parties acknowledge that electronic communications may have legal force and effect in accordance with applicable law.

Instructions, approvals and communications relating to an order may therefore be exchanged by email and other electronic communication methods agreed between Keepsake Creative and the customer.

An agreement or approval will not be treated as invalid merely because it was communicated electronically, subject to any statutory requirement prescribing a particular form.

56. Notices

Routine order correspondence will be sent to the contact information supplied by the customer.

Customers are responsible for ensuring their email address, telephone number and delivery information are correct.

Formal notices to Keepsake Creative may be sent using the contact details set out in these Terms.

57. Changes to These Terms

Keepsake Creative may amend these Terms from time to time.

Amendments will apply to future transactions from the date on which the revised Terms are published unless otherwise agreed or required by law.

Changes will not retrospectively remove rights already accrued under an existing transaction.

58. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary and the remaining provisions will continue to apply.

59. No Waiver

A failure or delay by Keepsake Creative to exercise a contractual right does not automatically constitute a waiver of that right.

Acceptance of an exception, late payment, discretionary return or other concession in one instance does not require Keepsake Creative to grant the same concession in another transaction.

60. Entire Agreement and Order-Specific Terms

These Terms, together with any applicable quotation, invoice, written order confirmation, approved artwork, production specification, Shipping Policy, Refund Policy and Privacy Policy, form the agreement between Keepsake Creative and the customer in relation to the applicable transaction.

Where a specific written quotation, order confirmation or production specification expressly differs from these general Terms, the specific agreed provision will apply to that order to the extent lawful.

Nothing in this clause excludes any representation or statutory right which the law does not permit the parties to exclude.

61. Contact Keepsake Creative

If you have questions about these Terms or an existing order, please contact:

Keepsake Creative
Email: orders@keepsakecreative.co.za
Telephone / WhatsApp: +27 76 339 5772
Website: www.keepsakecreative.co.za