1 Client Terms & Conditions of Sale
These terms and conditions of sale shall apply to all orders placed by a purchaser (“Purchaser”) of Client corporate wear (“the Goods”). The Purchaser acknowledges that these terms and conditions govern all orders placed by it at any time and from time and as such constitute a binding agreement between the Purchaser and Client. Acceptance of any of the Goods ordered shall constitute the Purchaser’s acceptance of these terms as solely applicable and controlling, notwithstanding usage of trade or course of dealing to the contrary.
2 Interpretation
2.1 Client and the Purchaser agree that -
2.1.1 the clause headings in these conditions are for convenience and shall not be used in their interpretation unless the context clearly indicates a contrary intention,
2.1.2 an expression which denotes :
2.1.2.1 any gender includes the other genders;
2.1.2.2 a natural person includes an artificial person and vice versa;
2.1.2.3 the singular includes the plural and vice versa.
2.1.3 the following expressions shall bear the following meaning and any related expression shall bear a corresponding meaning –
2.1.3.1 "VAT" - means value-added tax levied in terms of the Value-added Tax Act, 89 of 1991.
3 Orders, Ownership and Delivery
3.1 Delivery dates given by Client and Retail Insight shall be considered Client’s and Retail Insights’ best estimates only and shall not be bound by such dates.
3.2 Client shall not be liable for any damages or penalty of whatsoever nature for delay in delivery or for failure to give notice of delay.
3.3 Ownership of the Goods shall only pass to the Purchaser against payment of the whole of the purchase price, including delivery charges for the Goods.
3.4 The Goods will be delivered directly to the Purchaser. Orders must be placed on the Site and Purchasers shall liaise directly with Retail Insight ( the appointed Supplier ) regarding any queries. All Orders received shall be subject to a delivery and or collection charge Client to the intended destination.
3.5 Delivery of the Goods shall be at the Purchasers risk as soon as they leave the distribution centre irrespective of who is responsible for the delivery of the Goods; provided that if the Purchaser fails to take delivery of the Goods when tendered, then the risk therein shall pass to the Purchaser as soon as delivery is tendered by Client even if the Goods have not left Head Office. All costs, directly or indirectly, incurred by Client in storing, caring for and invoicing the Goods after such tender shall be paid by the Purchaser to Client on demand should Client so elect.
3.6 The Purchaser shall not have any claim whatsoever against Client -
3.6.1 if the Goods fail to arrive at their destination; or
3.6.2 for any loss or damage to the goods, arising from any cause whatever, while they are in transit,irrespective of who is responsible for their delivery.
3.7 All Goods displayed on the Client corporate wear website (“Client Website www.”) are subject to availability. As items are manufactured in batches, should the Goods ordered (“Order”) be out of stock, the Purchaser will be informed and such Good/s placed on back order. All Orders will be processed within 72 hours of placement (“Process Period”); provided that the date on which the Process Period shall commence shall be:
3.7.1 the business day, being any day (other than a Saturday, Sunday or officially recognised public holiday in the Republic of South Africa) (“Business Day”), on which an Order is received by Client, if Client receives such Order prior to 14:00 on any particular Business Day; or
3.7.2 the first Business Day after the Business Day on which the Order was received by Client, if Client received such Order after 14:00 on any particular Business Day.
3.8 Should items not be in stock, please allow for a 6 to 8-week delivery time.
4 Registration
4.1 The Purchaser is required to register on the site providing all the relevant details necessary in the fields provided.
4.2 Registration will determine identity and the delivery details and the Purchaser’s valid email address is required.
4.3 Registration will require email activation of the Purchaser’s account for security reasons before transacting.
4.4 Registration will require a secure password that must be kept secure by the Purchaser.
4.5 Registration will require additional information like a staff or employee number or business unit identification for reporting purposes.
4.5.1 Previous registration permits marketing on relevant products. All information is handled according to the POPIA.
4.6 The Purchaser must reference sizing guide on the front page of the site before placing orders as delivery and collection charges for incorrect sizing will be charged for on exchanges.
4.7 A business Registration and a Personal Registration are treated separately and a different email address is required for each registration as the platform identifies a unique user and their respective details as secure only to them so cannot be shared.
4.8 Where a Purchaser requires a delivery to go to any address other than the one entered on registration then the Purchaser is required to change those details on the cost estimate and enter into the general comments field to be actioned accordingly.
5 Price
5.1 It is recorded and agreed that:
5.1.1 the price of the ordered Goods will be the price listed on the Client Website;
5.1.2 the prices reflected on the Client Website for the Goods, are Excluding of VAT unless otherwise
indicated;
5.1.3 the prices reflected on the Client Website are excluding delivery costs to be added to the invoice on checkout;
5.1.4 the prices listed on the Client Website will be for the period stated on the Client Website (“Validity Date”); and
5.1.5 the prices for the Goods on the Client Website will apply to all Orders, completed, signed and received by Retail Insight on or before the Validity Date.
5.2 Notwithstanding the above provisions, Client may, in its sole discretion and without notice to the Purchaser, alter the prices and Validity Date without incurring any obligation prior to acceptance of an Order.
6 Payment / Cancellations
6.1 Payment for the Goods for personal orders shall be against Invoice and settlement by Paygate.
6.2 Payment for the Goods for Business units shall be against Cost Estimate sent to Purchaser against which an official Purchase order needs to be raised from the company before despatch of goods.
6.3 All Payments by Secure Paygate.
6.4 Cancellation of Orders shall not be permitted once received by Retail Insight. Goods purchased are non-refundable.
6.5 Goods will only be despatched upon Client receiving the confirmation of cleared funds reflecting in the clients bank.
6.6 The site will require an alternative person with whom the delivery can be left as Client staff can be off site at the time of delivery.
7 Risk
Notwithstanding the reservations of ownership as set out above, all risk in and to the Goods shall pass to the Purchaser upon delivery.
8 Alterations / Branding
8.1 The sizes and lengths of the Goods constitute the only sizes and lengths that are available for purchase as part of the Client corporate wear collection and accordingly, no exceptions will be made should such sizes or lengths not match the requirements of any particular Purchaser.
8.2 Notwithstanding the above provision, should any particular garment be of an inappropriate size or length, Client shall, in its sole discretion, make such alternative arrangements as may meet the Purchaser’s requirements.
8.3 Client shall have the right, in its sole discretion and without notification, to withdraw, modify, or alter the styles, fabrics and colours of any of its styles without incurring any liability of any nature whatsoever.
8.4 No unauthorised branding will be permitted on Client corporate wear unless approved in writing by Head Office. Any request by site- or specific Client departments for additional branding must set out, in writing, the specifications of such requested additional branding to be considered for approval. Individual Purchasers are prohibited from attaching any additional branding to the Goods.
9 Returns
9.1 Client assumes no responsibility for any damage that may be caused to the Goods due to the incorrect laundering or general poor care of Goods. The detailed care instructions placed on the Client Website are for information purposes only.
9.2 Client assumes no responsibility for incorrect size of garments chosen or ordered. The detailed sizing chart is available with care instructions placed on the Client Website for reference before placing the order.
9.3 Returns shall only be accepted within 7 (seven) days of delivery in their original packaging or alternatively, in Client’s sole discretion, in an undamaged or soiled condition.
9.4 All original documentation must accompany returns including, but not limited to, delivery acknowledgement receipts and any payment slips.
9.5 Goods purchased can be exchanged if damaged, faulty or incorrect within 48 hours of delivery. Client reserves the right to check the Good/s before exchange. Client reserves the right to exchange the Goods based on the condition of such items.
9.6 The collection and / or re-delivery charges are for the account of the Purchaser unless the Goods are found to be defective as a result of manufacturing and the warranty is being honoured.
10 Signatory
Should the signatory hereto be a representative of the Purchaser, the signatory warrants that he/she is the duly authorised signatory of the Purchaser and that he/she may bind the Purchaser. This would be applicable where the Purchaser is off site when the Goods are being delivered and an alternative person has been identified.
Acceptance of the Terms and conditions on the site by the registering person will be deemed a signature and agreement with the terms and conditions.
11 General
11.1 This document contains the entire agreement between the parties relating to the Orders and no party shall be bound by any undertaking, representation, warranty, promise or the like not recorded herein.
11.2 No amendment of this agreement will constitute a novation of any of the terms of this agreement unless reduced to writing and signed by the Purchaser and Client.
11.3 This agreement and all matters relating hereto shall be governed by the laws of the Republic of South Africa.
