TERMS AND CONDITIONS

Introduction

This website is accessed at www.theprintery.co.za, related mobile applications and software applications (the “Website”) and is owned and operated by The Printery (“The Printery”, “we”, “us” and “our”).  The Printery is a Social Enterprise program of Hope Africa Collective NPC, a registered Not for Profit company and Public Benefit Organisation (NPO No.: 126-989; NPC Registration: 2013/090493/08; PBO Registered).
Donations to Hope Africa Collective NPC are therefore tax-deductible for South African donors, in accordance with the provisions of Section 18A of the Income Tax Act, 1962. Hope Africa Collective’s ownership/legal structure is that of a Broad-Based Trust, as per the B-BBEE codes of the Broad-Based Black Economic Empowerment Act 53 of 2003, amended and gazetted in October 2013. 


These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.


These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who visits the Website (“guest user”) or registers as contemplated below (“registered user”). 


The Printery permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions. By accessing the Website and by clicking on the “Register” button on the Website, or engaging in any transaction on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.


The Website enables you to shop online for an extensive range of goods including customised merchandise, as catalogued on the Website and in stock from time to time (“Goods”).


The Printery allows third party sellers, which includes persons who are making use of The Printery to run fundraising campaigns,  to list and sell their Goods on the Website (each a “Third Party Seller”). The Printery will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from The Printery. This will be made clear in the relevant clause.
Important Notices
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”), which must be read in conjunction with the Electronic Communications and Transactions Act , 25 of 2002 (the “ECTA”).


These Terms and Conditions contain provisions –


may limit the risk or liability of The Printery or a third party; and/or


may create risk or liability for the user; and/or


may compel the user to indemnify The Printery or a third party; and/or


serves as an acknowledgement, by the user, of a fact.


Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.


If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask The Printery to explain it to you before you accept the Terms and Conditions or continue using the Website.


Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or The Printery in terms of the CPA or the ECTA.


Registered Users, Guest Users and the use of the website

The users of the Website may be temporary “guest users”, who visit and purchase Goods, or they may be “registered users”, who create a user profile that is stored with us.  The guest user will be required to provide personal information only if the guest user decides to purchase Goods, and this information will be included in the Order and not stored in our Database as a user profile.  A registered user will set up a user profile that will be stored with us, and all the user’s information shall be handled in the manner set out in these Terms and Conditions.  


To register as a registered user, you must provide a unique username and password and provide certain information and personal details that will constitute your user profile on the Website.  This will enable The Printery to provide you with an improved user experience. As a registered user, you will need to use your unique username and password to access the Website in order to purchase Goods under your user profile. However, even a registered user may access the Website as a guest user.



As a registered user, you agree and warrant that your username and password shall:


be used for your own use only (not as an agent for another undisclosed party); 
be carefully protected by you so as to mitigate the risk of fraud or misuse; and
not be disclosed by you to any third party.


As registered user you agree to notify The Printery immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.


For all users, by using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.


You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised The Printery representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).


You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.


You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised The Printery representative.




Conclusion of sales and availability of stock
Users may place orders for Goods, which The Printery or the Third Party Seller may accept or reject. Whether or not The Printery or the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by The Printery for the Goods.


The Printery or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and The Printery or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from The Printery stating that your order or payment has been confirmed. The Printery will indicate the rejection of your order (by The Printery itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid (if any).


Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy, provided that this does not prohibit your right to return the Goods within 7 days of your receipt of the Goods in accordance with the provisions of section 44 of the ECTA (which is the statutory “cooling-off period” for electronic transactions); provided that this shall not apply to Goods which are perishable, customised, personal in nature and opened (for example earrings) and otherwise by reason of their nature cannot be returned, save under the Returns Policy.


Some Goods may be customised for you and therefore may not be Returned, unless they are materially defective, in which case The Printery will refund or replace the Goods at its sole discretion.


Placing Goods in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold The Printery or the Third Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.


You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by The Printery, The Printery will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, The Printery will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 


In the case of Goods for sale by a Third Party Seller, The Printery relies on inventory information supplied by the relevant Third Party Seller and The Printery accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.


Certain Good may be ordered and paid for on a “pre-ordered basis”.  In this event, the terms of such pre-order shall be included in the order acceptance.  As a general rule, should we not be able to deliver on the pre-ordered Goods, the only recourse you will have against The Printery or the Third Party Seller will be a refund of amount paid in respect of such Good and no further claim will be possible.



Ordering of Customised Goods
The Printery offers Goods that are customised. These are specified on the Website. 
To order customised Goods, the user will be required to complete a Contact Form/Request For Custom Work Form/email providing details of the customisation.  The Printery will, where applicable, provide the user with written “proofs” of the customised Goods, including details of volumes, sizes and colours (such as are applicable).  Once the user has accepted the “proofs” by electronic communication, The Printery will produce the Goods as agreed.
Once the user has accepted the “proofs” of the Goods, the user is bound to accept the Goods delivered in accordance with and meeting the specifications set out therein.  Provided that the Goods meet the specifications in the “proofs”, the user may not return the Goods, save for reason of defect.
For the above reasons it is essential that you carefully review the “proofs” supplied by The Printery for acceptance. Once accepted it may not be possible to make changes before production commences and any losses will be for the user’s account.
Unless otherwise agreed in writing, The Printery is authorised to display images of your Customised Goods on its Website for marketing purposes only, but shall not be entitled to make use of any design elements, including your Logo, that belong to you, for any other purpose.
Where The Printery provides design elements to you as a part of your Customised Goods, unless otherwise agreed in writing, these designs belong to The Printery and we will be able to make use of these design elements for other Goods and in respect of other customers.


Fundraising Campaigns
From time to time The Printery will run a Fundraising Campaign on the Website for and on behalf of a third party Charitable Organisation (“the CO”).  These Campaigns will be clearly indicated on the relevant webpage.  The provisions of this paragraph 6 apply to any transaction conducted by you on a Campaign webpage, in addition to the other provisions set out in these Terms and Conditions.
The Printery makes the Campaign available to users in good faith, but The Printery is not the fund raiser and does not represent the CO.  The CO is an independent person making use of the services provided by The Printery, including using the Website and the related payment system.
COs may conduct fundraising campaigns through the creation, design and selling of custom apparel (“Merchandise”) on our Website. The CO sets up a PayFast Merchant account into which donations and/or the profit margin of any Merchandise purchased is paid over by The Printery. After the Campaign period closes, The Printery will produce the Merchandise to fill the orders, and provide bulk delivery to the CO. The CO is responsible for the distribution of the merchandise to the relevant contributors.
Campaigns are run independently of other Service offerings and so purchases for a Campaign cannot be mixed with purchases on The Printery general website or store.
All users hereby acknowledge and agree that:
We do not select the person, cause or organisation which benefits from funds raised from a CO’s Campaign.
We do not endorse any CO or any cause, organisation or purpose the CO supports.
Our responsibilities are limited to providing online access to the Website to facilitate the CO and users to come together and transact with each other.
We have no responsibility or liability towards you for any such activity or transactions other than to host the Webpage for the CO, to take orders on behalf of the CO, to collect monies on behalf of the CO, and route raised funds to the CO (less cost of merchandise).
The CO is responsible for the delivery of the Merchandise to the purchaser.
Any and all claims in respect of the Merchandise can only be made against the CO and The Printery is not liable in respect thereof at all.
Campaigns are subject to certain minimum order quantities, if for any reason the minimum order quantity is not met the CO (and not The Printery) shall be liable for the return of monies.
The onus is on you to ensure that the CO is legitimate and that the funds are being used for the purposes the CO has published. The Printery does not assume any liability in respect thereof.


Payment
The Printery is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.


Whether the Goods are for sale by The Printery or a Third Party Seller, payment can be made for Goods via –


debit card;


credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;


direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. The Printery will not accept your order if payment has not been received;

PayFast or Instant EFT;

cash on delivery (except where any of our exclusions apply, as listed in our FAQ); by selecting this option, you undertake to ensure that you have the exact cash on hand at the time of delivery; and


The Printery Vouchers.

The following terms apply to The Printery Vouchers:
There are two types of The Printery Vouchers.  
The first voucher is The Printery Gift Voucher, which is a Voucher that are bought by a user from The Printery.  These Gift Vouchers are pre-payments for Goods and may be exchanged for Goods on the Website, but not Returned.  Gift Vouchers may be redeemed at any time within 36 months of the date of their issue, failing which the Gift Voucher will expire.
The second voucher is The Printery Discount Voucher, which is a Voucher that The Printery may from time to time and in its sole discretion issue to a user.  The Discount Voucher is issued subject to the terms of its issue, which may include expiry dates and other restrictions on its redemption.


You may contact us at manager@theprintery.co.za  to obtain further details on payment methods and to obtain a record of your payment. We will also send you email and/or SMS communications about your order and payment.


Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.  The payment site is a third party site which is subject to its own terms and conditions.




Delivery of Goods
The Printery offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:


courier; or
self-collection.


Our delivery charges are subject to change at any time, without prior notice to you, so please check the Website for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.


Where it accepts your order, The Printery or the Third Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment, or such longer time as prescribed in respect of Customised Goods (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.


The Printery’s obligation to deliver Goods to you is fulfilled when we deliver the Goods to the physical address nominated by you for delivery of the order. The Printery is not responsible for any loss or unauthorised use of Goods, after it has delivered the Goods to the physical address nominated by you.
Returns
Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs).  The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
It is specifically noted that save for the statutory 7 days “Cooling-off period” provided for in the ECTA, no Goods may be returned on a no-fault basis and then only in accordance with the Returns Policy.


Errors
The Printery shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website, we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy. 


The Printery shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.

Third Party Sellers
The Printery will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller (which includes persons who use our Website to facilitate fund raising campaigns that sell their products). In such cases The Printery only provides the platform to facilitate transactions between Third Party Sellers and you as the user. The Printery is neither the buyer nor the seller of these Goods unless otherwise specified.


The Sale formed on acceptance of your order (in accordance with clause 5.2) for Goods that are for sale by a Third Party Seller is therefore solely between the user and such Third Party Seller. The Printery is not a party to that sale.


The Third Party Seller is solely responsible for fulfilment of delivery of the Goods. The Third Party Seller is also responsible to provide an invoice to the user if required.


Not all Third Party Sellers are registered VAT (Value-Added Tax) vendors. Only Third Party Sellers who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a Third Party Seller is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.


Because The Printery wants the registered user to have a safe and consistent experience, The Printery will handle any returns under the CPA and/or the ECT, by the registered user arising out of or in connection with the Sale between a user and a Third Party Seller on behalf of the Third Party Seller according to The Printery’s own Returns Policy. Should such claim escalate into being a dispute, although The Printery is entitled to become involved in an attempt to resolve it, The Printery is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone.
Privacy policy
We respect your privacy and will take reasonable measures to protect it, as more fully detailed in The Printery’s Privacy Policy, which is found on the Website (www.theprintery.co.za/PrivacyPolicy ).


Changes to these Terms and Conditions
The Printery may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.  By continuing to make use of the Website, you are bound by the then current terms as published on the Website at the time you use the Website.


Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
Electronic communications
When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our privacy policy as set out in clause 10 above.
The Printery and you acknowledge that the ECTA applies to all electronic communications and electronic transactions.
Ownership and copyright
The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of The Printery, its advertisers and/or sponsors, or Third Party Sellers and/or is licensed to The Printery.


You will not acquire any right, title or interest in or to the Website or the Website Content.


Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. 


Where any of the Website Content has been licensed to The Printery or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.  This includes where a Third Party Reseller has consented to us publishing their product for marketing purposes. 
Disclaimer
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.


Whilst The Printery takes reasonable measures to ensure that the content of the Website is accurate and complete, The Printery makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by The Printery’s representatives, The Printery shall not be bound thereby.


The Printery shall not be liable for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law, even when The Printery has been made aware that such loss is possible.


Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.


Any views or statements made or expressed on the Website are not necessarily the views of The Printery, its directors, employees and/or agents.


In addition to the disclaimers contained elsewhere in these Terms and Conditions, The Printery also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of The Printery, its employees, agents or authorised representatives. The Printery thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
Linking to third party websites
This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and The Printery is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.


Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
Limitation of liability
The Printery cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of The Printery, its employees, agents or authorised representatives. 


The Printery shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website, even if The Printery is aware, or has been made aware, that such losses are possible.


You hereby indemnify The Printery against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this Website and/or any linked Third Party website.




Availability and termination
We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.


The Printery may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that The Printery will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.


If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.


The Printery is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Voucher/Coupon intended by The Printery to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and The Printery, in whole or in part, on notice to you. The Printery shall only be liable to refund monies already paid by you (see The Printery’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.


At any time, you can choose to stop using the Website, with or without notice to The Printery.
Governing law and jurisdiction 
These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the Western Cape High Court (Cape Town) regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.


In the event of any dispute arising between you and The Printery, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.


Nothing in this clause 18 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Notices
The Printery hereby nominates 73 Stock Road, Philippi East Cape Town Western Cape, 7750, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). The Printery may change this address from time to time by updating these Terms and Conditions.


You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving The Printery not less than 7 days’ notice in writing.


Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –


by hand will be deemed to have been received on the date of delivery;


by prepaid registered post, will be deemed to have been received 10 days after the date of posting;


by email will be deemed to have been on the date indicated in the “Read Receipt” notification.
Complaints


We are a participant under the Consumer Goods and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our  Contact page on the Website.


If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are:  Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: complaints@cgso.org.za
 








Information
For the purposes of the ECT Act, The Printery’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
Full name: The Printery is a Social Enterprise program of Hope Africa Collective NPC  (NPO No.: 126-989; NPC Registration: 2013/090493/08; PBO Registered)
Main business: Online retailer
Physical address for receipt of legal service (also postal and street address): 73 Stock Road, Philippi East Cape Town Western Cape, 7750  (marked for attention: manager)
Office bearers: Andreas Benestad.
Phone number: +27 71 392 7996
Email address: manager@theprintery.co.za




General
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.


Any failure on the part of you or The Printery to enforce any right in terms hereof shall not constitute a waiver of that right.


If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.


No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.


No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.


These Terms and Conditions contain the whole agreement between you and The Printery and no other warranty or undertaking is valid, unless contained in this document between the parties.

Returns Policy


The Printery wants you to be satisfied with your purchase. If you are not completely satisfied, you can return the product to us and we will either repair / replace it, or credit your account, subject to the below terms. This Policy applies to products bought from The Printery itself and from Third Party Sellers (unless otherwise stated, where some Third Party Sellers may have their own policies these will be brought to your attention at the time of placing the order). 
However, if there is no defect or error in the Goods, The Printery may refuse to accept return of the Goods in its sole discretion, or may choose to issue you with a The Printery Voucher.
This Policy must be read together with and forms a part of The Printery Standard Terms and Conditions (www.theprintery.co.za/termsandconditions) , and so words defined in the Terms and Conditions have the same meaning in this Policy, unless the context indicates otherwise. Nothing in this Policy is intended to limit your statutory rights in any way.
Please note that this Returns Policy is subject to the provisions of both the Consumer Protection Act, 68 of 2008 (CPA), and the Electronic Communications and Transaction Act, 25 of 2002 (ECTA), including but not limited to:
That there is a 7 day cooling off period on all Goods received that were purchased by electronic transaction (section 44 of ECTA); and
That there is an implied 6 month warranty on all Goods for defects (section 56 of CPA).


Preparing your products for a return
To ensure your request is processed as quickly as possible you are responsible for the following when seeking to return the Goods:
• Register your request to return the Goods on the Website using the “Contact Form”, including the original order number in your request statement; 
package your Goods safely and securely for protection during transit; and
clearly mark your order number on the outside of the parcel; and
include all accessories and parts that were sold with the Goods.
Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether.


Want to exchange or refund?

Items of a personal nature will not be accepted as returns.
All items of a personal nature will not be able to be returned if they have been removed from the sealed wrapping, including but not limited to earrings, save in the event of defects.

Not what you ordered?
If we accidentally deliver the wrong Goods to you, or if the Goods are not as described on the Website, please notify us and we will collect the Goods from you at no charge. 


Goods incomplete or damaged on delivery?
Should Goods be damaged or missing any parts or accessories at the time of delivery / collection, please notify us within 7 days of such delivery / collection by logging a return on the Website using the Contact Form.
We will arrange to collect the Goods from you at no charge. Once we have inspected the Goods and validated your return, we will at your choice repair / replace the Goods as soon as possible (if such repair is possible/ we have the same Goods in stock to use as a replacement) or credit your account with the purchase price of the Goods (or refund you if that is your preference).




The Goods are defective?
We do our best to ensure that the Goods sold and delivered are of a high quality, and in good working order and without defects.
What is a defect? A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances. 
The following will NOT be regarded as defects and will not entitle you to a return under this section:
• faults resulting from normal wear and tear;
• damage arising from negligence, user abuse or incorrect usage of the product;
• damage arising from electrical surges or sea air corrosion;
• damage arising from a failure to adequately care for the product;
• damage arising from unauthorised alterations to the product; and
• in the case of Customised Goods, any spelling or grammatical error or image that was approved by the purchaser and therefor the error and fault does not lie with The Printery.

Defects: Standard Warranty
If you have received a product which turns out to be defective or otherwise of poor quality (save for direct warranty products which are discussed below), please notify us as soon as reasonably possible after you become aware of the defect or poor quality. In terms of section 56 of the CPA you have a 6 month standard warranty.


You can do so by logging a return on the Website using the Contact Form, and we will arrange to collect the Goods from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product (if such repair is possible / we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference). If the repair / replacement takes longer than 21 days, we will get in touch with you to see if you would rather receive a credit / refund.


Where there is no extended supplier warranty period, unfortunately we cannot facilitate returns that fall outside of the 6 month period.


Defects: Extended Supplier Warranty (stipulated on product page)
A product may have a supplier warranty that extends beyond the Standard Warranty. If such a product turns out to be defective beyond the Standard Warranty period, please notify us as soon as reasonably possible after you become aware of the defect, but in any event within the extended supplier warranty period after delivery / collection of the product.
You can do so by logging a return on the Website using the Contact Form, and we will facilitate your return of the product to the supplier at no charge. Unfortunately we cannot facilitate returns that fall outside of the extended supplier warranty period.
Please note that any extended supplier warranty is subject to whatever terms and conditions the supplier or manufacturer may impose. These are usually stated in a brochure or leaflet inside or on the product packaging. It is your responsibility to make yourself aware of any such terms and conditions.
It is also important to note that it will be in the supplier or manufacturer’s discretion what remedy it can offer you. The Printery is under no obligation to provide you with a credit, repair / replacement, as your remedy lies with the supplier or manufacturer. However, since we want your experience to be as good as possible, if the supplier or manufacturer has offered you a repair / replacement within the applicable extended supplier warranty and it takes longer than 21 days, we will get in touch with you to see if you would rather receive a credit / refund directly from us.


Defects: Direct Warranty (stipulated on product page)
A direct warranty product is a product for which the relevant manufacturer wishes to manage defective returns itself, directly with the customer, and not through The Printery. 


If a direct warranty product turns out to be defective or otherwise of poor quality, please notify us and we will provide you with the relevant manufacturer’s contact details. Alternatively, you can notify the relevant manufacturer directly if you already have its details. The relevant manufacturer will then assist you further, but if you have any difficulty, please let us know and we will be happy to assist you where we can.


Other than this, the same limits and general principles of the standard warranty and extended supplier warranty apply to direct warranty products.




Want to claim refund or replacement?


If you return defective Goods to us, but you fail to return all of the accessories and parts that were sold with that product, we are entitled to (subject to applicable law) to refuse the return, only to replace the item that you did return, or to estimate the value of the missing accessories and parts and only to credit or refund you in respect of the returned item.


If you return a product that does not comply with this Policy, you may be liable to reimburse The Printery for the cost of collecting the product from you and the cost of having the product returned to you.


Please note that we only refund to the payment method that you originally used – i.e. payment by credit card will be refunded to the same credit card, payment by EFT will be refunded to your nominated bank account.  Where The Printery Vouchers have been used to make a purchase the refund will be by way of the issue of the equivalent The Printery Vouchers.