Terms and Conditions
INTRODUCTION
Welcome to the official website of Keepsake Creative. Throughout this website and in this document, we will refer to ourselves as "the company," "we," "us," and "our."
These Terms and Conditions govern the use of our website, including the process of ordering, sales, and delivery of goods. By accessing or using this website, you agree to be bound by these Terms and Conditions.
Our website provides a convenient platform for online shopping, offering a diverse range of products such as clothing, apparel, gifts, headwear, and display items. These products can also be customized and branded according to your specific requirements.
RESTRICTIONS OF WEBSITE USAGE
Except as specifically permitted in these Terms and Conditions, you may not display, publish, copy, print, post, or use the Website or its information in any way. If you choose to advertise your products using information from the Website, you may only use images that are intended for promotional purposes. It is strictly prohibited to use any intellectual property from the Website to falsely represent yourself or your website as Keepsake Creative.
ORDER PLACEMENT
Placing Orders:
All orders must be placed through our online platform or sent by email to orders@keepsakecreative.co.za
Order Acceptance:
We reserve the right to accept or reject any order. Our acceptance relies on factors including product availability, accurate information provided (including pricing), and successful payment or authorization.
Limited Stock Availability:
Please be aware that the availability of our products is limited. While we strive to promptly update our website with current stock levels, we cannot always guarantee availability. If any item becomes unavailable after an order is placed, we will notify you and provide a refund.
Price Changes:
Prices shown on our website are subject to change without prior notice. Keepsake Creative retains the right to modify prices for goods or services offered. Any price adjustments will be communicated through written notice.
Estimated Time of Arrival (ETA):
Although we regularly update ETA dates for our stock, unforeseen delays in supplier, shipping, or customs processes may occur. Therefore, the accuracy of these dates cannot be guaranteed.
Lead times do not include weekends, South African public holidays, or Keepsake Creative’s annual shutdown period.
PAYMENT
Accepted Payment Methods:
Accepted Payment Methods: Our company accepts payments via MasterCard, Visa, Debit cards, EFT or Cash. Please note that we do not accept American Express or Diners cards. Orders will only be dispatched once the payment is confirmed in our account.
International Payments:
Transactions from foreign banks may require a processing period of 4 to 7 business days. Orders linked to these transactions will be dispatched upon validation of payment in our account.
DELIVERY AND COURIER SERVICES
Courier Services:
We offer the flexibility for customers to choose courier delivery through our website or use their own preferred courier service or collection. Charges for this service are based on each order and can be viewed and requested directly on our website or via email. Keepsake Creative make use of Bob Go as our preferred courier agent. National Courier Companies such as The Courier Guy, PUDO, Fastway Couriers, Internet Express. International Courier Companies such as DHL or FedEx.
Courier delivery will be made to the specified order shipping address. Additional charges may apply in respect of delivery to other outlying areas.
We 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.
Keepsake Creative shall not be held liable for any loss of income due to deadlines not being met.
Air freight restrictions:
Kindly be aware that specific products, such as power banks, are not eligible for air freight destinations. Please take note of these restrictions when selecting your delivery method.
LIABILITY FOR DELAY
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.
CANCELLATIONS AND RETURNS
Order Cancellation and Damages:
Once an order is confirmed, it becomes a binding contract and cannot be cancelled. Any damages or shortages must be reported within twenty-four (24) hours of collection or delivery.
Cancellation Policy:
Failure to make full payment within ten (10) working days may result in order cancellation. Orders that include multiple components requiring consolidation cannot be cancelled or returned once the stock has been consolidated. No cancellations will be accepted after final artwork approval and commencement of branding work. Should clothing items that have been worn need to be returned, they must be laundered before being sent back for hygiene purposes. We do not accept returns of any consumables, perishable items, memory sticks, masks, sanitisers, items which require assembly or consolidation as well as discontinued and clearance items unless the stock is faulty. All stock must be returned to Keepsake Creative at the customers expense.
Faulty Goods and Returns:
If a product supplied by Keepsake Creative is found to be defective and/or covered under warranty, you must notify us within five (5) days from the date of receipt. It is important to promptly report any defective products or issues covered under warranty to the company within this time frame. Failure to do so may affect your eligibility for return or replacement.
Repair Returns:
Before repair work, a cost estimate will be provided to the customer for approval. Repaired items not collected within thirty to ninety days (30 to 90 days) after completion may be sold by the company to recover costs.
Returns Approval:
Written approval from the company management is mandatory for returning delivered stock. Returns will only be accepted with the accompanying invoice/s. A 25% handling and administrative fee applies to approved returns of received stock. No future orders will be processed unless prior cancellation fees have been settled.
CONSEQUENTIAL DAMAGES
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.
Keepsake Creative will transport goods from the factory at the customer's request, by selecting courier delivery. 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. Should a parcel be lost in transit (lost or stolen at said Courier due to hi-jacking or any other means), Keepsake Creative will not be held responsible for any losses incurred. The onus is on the Customer to request Keepsake Creative to insure the parcel prior to shipping.
WARRANTIES
Guaranteed Goods
Warranty coverage is available for new goods through Keepsake Creative-specific warranties or original manufacturer's warranties, however, it is important to note that certain goods exempt from product warranties may have latent defects, for which Keepsake Creative is not responsible.
Fitness for Purpose:
Keepsake Creative does not warrant that the goods are suitable for any specific purpose.
Liability and Repairs:
Our liability is limited to repairing or replacing faulty goods or issuing a credit of equivalent value. In case of returned goods with no fault found, all associated costs will be passed on to the customer.
INTELLECTUAL PROPERTY
Limited License:
By accessing this website, users are granted a limited, non-exclusive license to access and use the content provided for personal, non-commercial purposes. Users must not use, reproduce, modify, or distribute the content, including text, graphics, images, videos, and audio, without obtaining prior written consent from Keepsake Creative, except as expressly permitted.
Third-Party Content Disclaimer:
Some content on this website may be sourced from third parties. Keepsake Creative does not claim ownership over such content and acknowledges that it is subject to the intellectual property rights of their respective owners.
Trademarks and Logos:
The trademarks, logos, and service marks displayed on this website are the property of Keepsake Creative or their respective owners. Users are strictly prohibited from using any trademarks or logos from this website without obtaining prior written consent from Keepsake Creative or the respective trademark owner.
User Submissions:
By submitting any content, including but not limited to text, images, videos, or other materials, users grant Keepsake Creative a non-exclusive right to use, reproduce, modify, and adapt such submissions for the purposes of fulfilling order requests and to use such material for illustrative and branding purposes. Keepsake Creative does not claim ownership of users’ intellectual property and will not use it for any other purpose without obtaining explicit consent. Users warrant that they have all necessary rights, licences, and permissions to use and submit such materials and that their submissions do not infringe any third-party intellectual property rights. Users further agree to indemnify and hold Keepsake Creative harmless against any claim, demand, loss, or expense (including legal costs) arising from or in connection with any alleged or actual infringement of copyright, trade mark, or other intellectual property rights resulting from the materials they provide.
DISCLAIMER
Your utilisation of the Website is undertaken entirely at your own risk, and you shall bear sole responsibility for any loss or risk arising from such utilisation or reliance on the information provided on the Website.
Whilst we endeavour to ensure the accuracy and completeness of the content on the Website, we provide no guarantee as to its quality, timeliness, operation, integrity, availability, or functionality.
We hereby disclaim any liability for any direct, indirect, or consequential damage, loss, or liability arising from your access or use of the Website and its content, unless otherwise mandated by applicable law.
The Website and all information provided therein are provided "as is" without any warranty, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as permissible under law.
Any views or statements presented on the Website shall not necessarily reflect our views or statements.
We make no warranty or representation, whether express or implied, that the information or files available on the Website are free from viruses or any other harmful data or code that may disrupt, disable, or compromise the operation, stability, security, functionality, or content of your computer system or network unless arising from our gross negligence or wilful misconduct.
LIMITATION OF LIABILITY
Keepsake Creative shall not assume any liability for any direct, indirect, incidental, special, or consequential damages resulting from your use of the Website, inability to use the Website, or any unlawful activity on the Website or linked third-party websites.
By using the Website, you agree to indemnify and hold Keepsake Creative harmless against any loss, claim, or damage arising from your use of the Website or any linked third-party websites.
PRIVACY POLICY SUMMARY
Our Privacy Policy outlines how our website safeguards the privacy of its users in compliance with applicable data protection laws.
Collection and Processing of Personal Information:
We will only collect, and process personal information provided by users for specified purposes such as order processing, customer inquiries, enhancing user experience, and legal compliance.
Third-Party Disclosure:
We will not disclose or sell users' personal information to any third parties without explicit consent, except as required by law or to fulfil contractual obligations.
Security Measures:
We implement appropriate security measures to protect users' personal information from unauthorized access, alteration, or disclosure.
User Rights
Users have the right to access, correct, or delete their personal information held by our website. These rights can be exercised by contacting our designated data protection officer via email, orders@keepsakecreative.co.za.
Use of Cookies:
Our website may use cookies or similar technologies to improve user experience. Users can manage or disable cookies through their browser settings.
Consent:
By using our website, users acknowledge and consent to the collection, processing, and storage of their personal information as described in this Privacy Policy. Please refer to our website header for the complete Privacy Policy.
FORCE MAJEURE
If either Party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under this Agreement because of the strike, lock-out, fire, explosion, floods, riot, war, accident, act of God, embargo, legislation, shortage of or a breakdown in transportation facilities, civil commotion, unrest or disturbances, cessation of labour, government interference or control, or any other cause or contingency beyond the control of that Party, the Party so affected shall be relieved of its obligations hereunder during the period that such event and its consequences continue but only to the extent so prevented and shall not be liable for any delay or failure in the performance of any obligations hereunder or loss or damages either general, special or consequential which the other Party may suffer due to or resulting from such delay or failure, provided always that written notice shall forthwith be given of any such inability to perform by the affected Party.
Any Party invoking force majeure shall, upon the termination of such event giving rise thereto, forthwith give written notice thereof to the other Party. Should such force majeure continue for more than 90 days then the Party who shall not have invoked the force majeure shall be entitled forthwith to cancel this Agreement in respect of any obligations still to be performed hereunder.
GOVERNING LAW
These terms and conditions shall be governed and interpreted by the laws of the Republic of South Africa including but not limited to:
Electronic Communications and Transactions Act (ECTA) 2002
Consumer Protection Act (CPA) 2008
Companies Act 2008
National Credit Act 2005
Consumer Protection Regulations (CPRs)
Protection of Personal Information Act (POPIA) 2013
ARBITRATION
Any disputes arising from or related to this agreement shall be resolved through arbitration. The Rules of the Arbitration Foundation of Southern Africa will govern the arbitration process, with the arbitrator(s) appointed by the Foundation.
SEVERABILITY
If any clause or term of this Agreement is deemed invalid, unenforceable, or illegal by a court of competent jurisdiction, the remaining terms and provisions of this Agreement shall remain in full force and effect, unless the invalidity, unenforceability, or illegality fundamentally affects the essence of this Agreement.
DOMICILIUM AND NOTICES
Correspondence between the parties shall be sent to the following addresses:
Keepsake Creative
Coral Grove, 100 Rocky Close
Milnerton, Cape Town, 7441
South Africa
Notices shall be considered received under the following conditions:
If delivered in person during the recipient's regular business hours at their address, the notice is presumed received at the time of delivery, unless evidence to the contrary is provided.
If sent via email to the recipient's provided email address, the notice is presumed received on the same day as sending, unless evidence to the contrary is provided.
Regardless of any clauses stated, a written notice or communication received by a party shall be considered sufficient even if it was not sent or delivered to their chosen address.
GENERAL
This Agreement represents the entire understanding between the parties, superseding any prior agreements or representations, whether written, oral, or implied.
Neither party is bound by any terms, representations, or promises that are not explicitly recorded in this Agreement. Written documentation excludes data messages as defined in the ECTA, and "signed" refers to a handwritten signature without electronic intervention.
No changes or cancellations of this Agreement (including this clause) shall be valid unless in writing and signed by or on behalf of both parties. "In writing" excludes data messages as defined in the ECTA, and "signed" refers to a handwritten signature without electronic intervention.
No leniency or tolerance granted by either party shall be considered a waiver of any rights, and the granting party retains the right to enforce any rights against the other party, past or future.
This Agreement does not create a partnership, joint venture, agency, or employment relationship between the parties. Neither party has the authority to bind the other or create liabilities on their behalf.
Annexure
SAMPLE POLICY
We understand that clients require samples to close a deal.
Our sample policy is as follows:
- Samples are available for purchase either for collection from our office or via courier delivery if required.
RETURNS AND REFUNDS OF SAMPLES
- The following samples may not be returned:
- Those with an individual product price of less than R30.00
- Any branded items; and
- Consumables and perishables.
- Samples with an individual product price of R30.00 or more may be returned for a refund or credit if:
- The sample items have not been used, worn and are not damaged.
- The items are in their original condition and packaging, damage to any part of the packaging will result in the samples not being accepted for return.
- The returned items should be accompanied by the relevant original invoice.
- The items should be returned within a week of collection or receipt.
- If the samples returned are deemed acceptable by Keepsake Creative, in its sole discretion, it will process a refund or credit note.
- It may take up to 7 (seven) days for Keepsake Creative to inspect samples;
BRANDING ARTWORK POLICY
ARTWORK GUIDELINES
- Artwork must be supplied to us for branding purposes. We do not offer artwork design services.
- All artwork should be uploaded onto our website; alternatively, the artwork can be sent to us via email for processing.
- All final layouts / mock-ups / proofs should be approved.
- Clients are expected to make full payment before production commences.
- Branding will only commence once the layout is approved and full payment is received.
- Branding lead times should be quoted from the day after artwork approval and proof of payment is received, whichever is later.
ARTWORK SUBMISSION
- Vector artwork is preferred but artwork in the following file formats will be acceptable:
.EPS;
.AI;
.SVG;
.PDF.
.PNG for DTF print ONLY (transparent background only, 600dpi)
- The following formats are not accepted:
Word or PowerPoint files
GIF, TIF and JPEG (under 600dpi)
- If typesetting is required, clients must include font and size. To avoid font substitutions, all fonts submitted must be converted to “curves”.
ARTWORK APPROVAL AND APPLICABLE FEES
- All artwork needs to be approved; branding will only commence once artwork has been approved and full payment for the order has been received.
- Should a visual mock-up be supplied by the Customer, we will use this layout as the accepted layout.
- By approving the artwork;
- You accept the layout as depicted in the artwork, you have ensured that the item being branded, colour and size of the item are correct.
- Keepsake Creative will not be held accountable for any spelling or artwork errors on items branded in accordance to the approved artwork.
- Once artwork has been approved, no changes will be accepted.
- Printing colours will be matched as close as possible to pantone colours or swatches supplied, we do not guarantee a 100% colour match.
- We do not guarantee any print on non-porous materials for example, metal, glass or ceramic surfaces.
- Additional fees do not apply to artwork received in the correct format however artwork received in the incorrect format will attract a redrawing fee of R200. This fee will accommodate two further changes to the layouts, where after any additional changes will be charged for at R100 per change.
- Branding cancelled after layouts have been generated will be charged for at R100 per layout completed.
BRANDED ORDER LEAD TIME
- Most branded orders require a production lead time of 5 to 7 full working days (excluding courier delivery). Guestbooks, wrapping / kraft / grease-proof / tissue paper require up to 10 to 12 full working days to complete.
UNBRANDED BULK ORDER LEAD TIME
- Stock that requires no custom branding typically ships within 2 full working days. In some cases, this may take up to 3 days, depending on the items ordered. Some stock is stored in multiple warehouse locations. Occasionally, items may need to be consolidated from different locations before shipping out.
DISPLAY
- Where skins are available for sale as stand-alone items, Keepsake Creative is able to refit skins onto Keepsake Creative-purchased hardware from our Office. Should a client request that Keepsake Creative refit skins, the return of hardware to Keepsake Creative Office will be for the client’s account. Once complete, the items can remain at Keepsake Creative’s Office for client collection or a quote can be requested for shipping.
- Refitting of skins by Keepsake Creative is subject to inspection of the relevant hardware. If the existing hardware is faulty or damaged, Keepsake Creative will not be able to refit skins.
- If the client is re-skinning hardware themselves it is the client’s responsibility to ensure that the hardware is not faulty or damaged. Keepsake Creative cannot be held liable for skins purchased that cannot be fitted properly due to faulty or damaged hardware.
- It is the client’s responsibility to ensure they order the correct skin for the correct display unit.
- Reskinning is specifically tailored to fit to Keepsake Creative display hardware. Keepsake Creative cannot be held responsible for any skins purchased to fit third-party hardware.
- All artwork must be created in CMYK and all pantone colours must be included as a pantone solid coated spot within the print file supplied. Please note failing this will result in no colour matching taking place. Please also note due to the limited colour range of various digital CMYK Print methods, not all pantone colours can be achieved. We endeavour to match as closely as possible, but, colour variation will take place on different materials like PVC versus Fabric.
- Fluorescent and metallic pantones cannot be matched. Only a tonal representation thereof can be achieved.
- Overexposure to sunlight will reduce the longevity of the print.
- We encourage you to take care of the display fabric and remove it from direct sunlight at all opportunities.
- Display fabrics purchased from Keepsake Creative come with a 3-month limited print fade warranty.
DISPLAY REPAIR POLICY
- Display hardware purchased from Keepsake Creative comes with a 3-year limited mechanical repair warranty.
- The warranty excludes display hardware that has been mishandled, abused or not used for its intended purpose.
- Display hardware that is under warranty and requires repair must be returned to Keepsake Creative Johannesburg at the client's own expense. All broken or damaged parts must be included.
WORKWEAR POLICY
- Manufacture of workwear products will only commence when the order is received and, for COD clients, full payment is received. Once a sales order is generated your order may not be cancelled or changed.
- Conti suit sets are sold according to industry-standard which directs that the pants in the set are 2 sizes smaller than the jacket. Conti suit sets will therefore be sold based on the jacket size, for example, if you place an order for a size 34, the jacket will be a size 34 and the pants size will be a size 30.
- Kindly ensure that sizing has been established correctly before placing an order with us as sets will always be sold as per the above.
- We will not accept any returns on unbranded or branded workwear items that have had tape specially applied as these are not ex-stock items. We will only accept returns on workwear items that are held in stock and readily available.
DISCLAIMERS AND INFORMATION
- Colours of actual products may vary slightly from those shown in the catalogue and on the website. For accurate colour matching, please request a sample.
- All product sizes have been indicated. Sizes may vary slightly from those provided.
- Product images may differ slightly from actual items due to the limitations of photography, film separation, printing and digital display.
- While we’ve taken care to ensure the accuracy of the details on this website, errors may occur. If you have any questions or concerns about specific products or information, please consult your Account Manager or request a sample before placing your order.
- The artwork, designs, and trademarks displayed on products are purely illustrative and are shown only to demonstrate the type and quality of branding Keepsake Creative offers. All trademarks remain the property of their respective owners. These examples do not imply endorsement or that the products are manufactured for, by, or on behalf of the trademark owners, and Keepsake Creative does not offer for sale any products bearing such marks without proper authorisation. By supplying an image, artwork, or logo to Keepsake Creative, the owner or supplier warrants that Keepsake Creative is authorised to use such material for illustrative and branding purposes. E&OE.