Terms & Conditions
Fancy Inc shall provide the Client with a quotation for services and/or products required by the Client, of which 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.
2. Quotations are subject to the availability of products and/or services and are subject to any increases in price or costs, including currency fluctuations, which may occur before the order is accepted by the Client.
3. Quotations are subject to stock availability at the time of confirmation of the order by the Client, whether by way of paying the deposit or by purchase order.
The Customer is solely responsible for determining that the goods purchased are suitable for the purposes they intend to use it for. For this reason, we strongly recommend that the Customer views or purchases samples.
1. Samples can be purchased through your Account Manager and either collected from one of our showrooms or delivered to your premises. This is subject to our standard terms and conditions as laid out in this document.
2. Arrangement can also be made to view samples in one of our showrooms and this arrangement needs to be made with your account manager.
3. All sample orders need to be paid for and collected within 5 working days of invoice and if not paid and collected within this time, they will be cancelled.
4. Samples with a value of less than R50 excl VAT cannot be returned for a refund.
5. Samples over R50 excl VAT must be returned within 5 working days from date of purchase for a credit or a refund.
6. Return of samples is subject to the following in order for a refund to be processed –
○ Samples must be returned in original condition as well as original undamaged packaging.
○ The original invoice relevant to the samples needs to accompany the returned goods before a credit note will be issued and a refund effected.
○ Damage to any part of samples or packaging will result in samples not being accepted for return.
○ We do not take back returns of memory stick samples unless they are dummy samples
○ We do not take back returns of hamper samples
7. The artwork, designs and trademarks imprinted on the products displayed herein are reproduced only as examples of the type and quality of branded products available. They are not intended to represent that the products are either endorsed by or produced for the owners of the artwork, design or trademark.
The Company cannot always guarantee availability of stock. If we are unable to supply each and every Product ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items correctly delivered. Stocks of all goods on offer are limited. The Company shall use its reasonable efforts to discontinue the offer as soon as stock is no longer available.
Under no circumstances will the Company be liable to you for failing to supply Products ordered by you if the shortage of stock or capacity is due to circumstances beyond the Company’s control. In such circumstances the Company will take reasonable steps to inform you of the shortage of stock or capacity as soon as it is practicable to do so.
PRODUCTS & ORDERS
The Client is to place orders with Fancy Inc in writing by.
Orders shall only be regarded as accepted upon written confirmation thereof by Fancy Inc. Payment of the deposit by the Client does not constitute acceptance of orders.
Fancy Inc will execute the Client’s order/s once the deposit is paid by the Client, written confirmation of the order has been provided to the Client by Fancy Inc and the supplier has confirmed that the stock to be ordered is available.
A deposit equal to 50% (fifty per centum) of the quoted amount, or if the quoted price fluctuated in the time between the quotation and the order, 50% (fifty per centum) of the adjusted amount, is to be paid by the Client. Quotations are subject to stock availability at the time of confirmation of the order.
As stock changes occur on a daily basis, stock availability cannot be guaranteed by Fancy Inc until the deposit has been paid, the confirmation of order has been signed and the stock availability has subsequently been confirmed by the supplier.
Fancy Inc is entitled to refuse any order placed by the Client.
The Client acknowledges that it is the Client’s sole responsibility to determine and ensure that the products ordered are correct and suitable to its intended purpose. Fancy Inc will not be liable, in any manner of form, for incorrect product selection by the Client.
Lead times for orders will be deemed to commence on the date and time that Fancy Inc received all signed off approvals of the artwork and payment of the funds have cleared in Fancy Inc’s bank account.
Fancy Inc will provide the Client with an artwork 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 Fancy Inc by the Client, on the chosen product.
The Client needs to sign off the artwork and no further services will be rendered by Fancy Inc until Fancy Inc is in receipt of the duly completed signed off artwork approval.
The Client is to specifically indicate, in writing, whether permanent branding is required.
The 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. Fancy Inc shall not be responsible or liable for delays in delivery caused by artwork changes. Any changes requested and made subsequent to approval of the artwork and subsequent to plates/screens being made shall incur additional costs for the Client.
Printing colours will be matched as close as possible to Pantone colours or swatches supplied. We do not guarantee 100% colour match. We cannot guarantee 100% colour consistency on different materials.
The Client is to approve the artwork within 7 (seven) calendar days from the final artwork layout being sent to the Client, failing which the stock will be returned to the warehouse and a cancellation fee equal to 25% (twenty-five per centum) of the total value of the order shall be charged. No artwork approvals will be accepted telephonically.
The Client is to partake in the process of reviewing and checking the artwork for spelling mistakes and errors relating to e.g. item colours, sizing, image colour and image locations and is to do so before signing off and approving the artwork/order. Fancy Inc 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.
A deposit equal to 50% (fifty per centum) of the quoted amount, or if the quoted price fluctuated in the time between the quotation and the order, 50% (fifty per centum) of the adjusted amount, is to be paid by the Client.
The remaining 50% (fifty per centum) of the invoice, along with any additional costs, are to be paid upon request, prior to delivery or collection. This outstanding amount is to be paid within 7 (seven) calendar days of such request being made. Interest of prime plus 2% (two per centum) will be incurred on all overdue amounts along with daily storage fees.
Rush orders will incur an additional fee, equal to 10% (ten per centum) of the total value of the order. Rush orders, orders for unbranded items and orders for special import products require full payment of the order to reflect in the bank account of Fancy Inc before Fancy Inc shall confirm the order.
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 Fancy Inc 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.
Fancy Inc accepts payment by way of electronic funds transfer. Cash payments are however not acceptable.
All payments made by the Client to Fancy Inc shall be made free of deduction, set-off, bank charges and commissions and shall not be withheld for any reason whatsoever. Any extension of the due date for payment shall be valid only if reduced to writing. Discounts shall be forfeited on overdue amounts.
Fancy Inc 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. Incidental credit facilities are to be approved in writing. Interest of 2% (two per centum) will be incurred 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 Fancy Inc’s bank account. A company purchase order may, at the sole discretion of Fancy Inc, be accepted.
Fancy Inc shall not be liable for missed deadlines due to non-payment or late payment by the Client.
Goods remain the property of Fancy Inc until paid in full. The risk in and to the products shall pass from Fancy Inc to the Client upon the date of delivery thereof by Fancy Inc to the Client or their agent. Any delivery notes or waybill (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 products shall be conclusive proof that delivery was made to the Client.
COLLECTION & DELIVERY
The delivery address needs to be easily accessible for the carrier and drop off shall be to the front entrance of the address provided, unless otherwise agreed.
Delivery times quoted are estimated times only. Fancy Inc accepts no responsibility whatsoever for any loss or damages caused by late delivery or non-delivery, howsoever caused or arising and the Client specifically indemnifies Fancy Inc as such.
It is the Client’s responsibility to ensure that goods are returned to a designated collection point in its original packaging, regardless of the reason for the returns.
All requests for returns or credit must be initiated in writing by the Client. No items may be returned or exchanged unless prior written authorisation has been obtained from Fancy Inc.
Fancy Inc may replace any goods which were sold by Fancy Inc directly to the Client and which goods are not in accordance with specifications, or 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 Fancy Inc’s option, Fancy Inc shall be entitled to take the goods back, refunding the Client with the purchase price paid or by way of credit in favour of the Client.
Any returns or replacements for incorrect goods, not limited to incorrect branding, should be initiated in writing by the Client, in no more than Five (5) days from receiving the order. Any complaint received after the Five(5) day mark will be investigated, but we cannot guarantee a resolve.
Refunds shall be processed within 30 (thirty) days from acceptance of the return by Fancy Inc.
IN A RUSH FOR A ORDER
Fancy Inc provides a rush order service in terms whereof completion of urgent orders are guaranteed within 3 (two) to 5 (five) business days subsequent to approval of the artwork at an additional fee, equal to 10% (ten per centum) of the total value of the order and full payment of the order reflecting in the bank account of Fancy Inc.
The completion date for the order will be confirmed in the confirmation of order prior to Fancy Inc executing the order.
Artwork needs to be supplied in print ready format as there is insufficient time to redraw a Clients logo.
Rush orders are subject to the Client adhering to the deadline for approving artwork, as stipulated in the artwork approval email.
Rush orders are also subject to Fancy Inc receiving cleared funds for the full amount when the order is place.
POPI ACT AGREEMENT AND CONSENT DECLARATION:
WHEREAS IT IS AGREED THAT
All parties agree that they will comply with POPI regulations and process all the information and/or personal data in respect of the services being rendered in accordance with the said regulation and only for the purpose of providing the Services set out in the agreement to provide services.
The company (also called the service provider), all the parties to this agreement, the service provider’s employees and the client’s employees and any subsequent party/parties to this agreement acknowledge and confirm that
- One or more of the parties to this agreement, will possess and will continue to possess information that may be classified or maybe deemed as private, confidential or as personal information.
- Such information may be deemed as the private, confidential or as personal information in so far as it relates to any party to this agreement.
- Such information may also be deemed as or considered as private, confidential or as personal information of any third person who may be directly or indirectly associated with this agreement.
Further it is acknowledged and agreed by all parties to this agreement, that such private, confidential or as personal information may have value and such information may or may not be in the public domain. For purposes of rendering services on behalf of the client, the service provider and any party associated with this agreement and/or any subsequent or prior agreement that may have been/will be entered into, irrevocably agree that “confidential information” shall also include inter alia and shall mean inter alia:
- (a) all information of any party which may or may not be marked “confidential,” “restricted,” “proprietary” or with a similar designation;
- (b) where applicable, any and all data and business information;
- (c) where applicable the parties may have access to data and personal and business information regarding clients, employees, third parties and the like including personal information as defined in POPI regulation; and
- (d) trade secrets, confidential knowledge, know-how, technical information, data or other proprietary information relating to the client/service provider or any third party associated with this agreement and (including, without limitation, all products information, technical knowhow, software programs, computer processing systems and techniques employed or used by either party to this agreement and/or their affiliates.
All parties irrevocably agree to abide by the terms and conditions as set out in this agreement as well as you agree and acknowledge that all information provided, whether personal or otherwise, may be used and processed by the service provider and such use may include placing such information in the public domain. Further it is specifically agreed that the service provider will use its best endeavours and take all reasonable precautions to ensure that any information provided, is only used for the purposes of the agreement.
It is confirmed that by submitting information to the service provider, irrespective as to how such information is submitted, you consent to the collection, collation, processing, and storing of such information and the use and disclosure of such information in accordance with this policy.
SHOULD YOU NOT AGREE TO THE TERMS AND CONDITIONS AS SET OUT IN THIS AGREEMENT AND CONSENT DECLARATION YOU MUST NOTIFY THE SERVICE PROVIDER IMMEDIATELY FAILING WHICH IT WILL BE DEEMED THAT YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS SET OUT ABOVE