Octangle Marketing Terms and Conditions
General
1. Octangle Marketing Pty (Ltd) is a business in the corporate gifts and clothing industry that specialises in the sale of corporate and promotional gifts and apparel and the branding (customising with a logo or design), the warehousing and distribution of these items.
2. This website is governed by the laws of South Africa and Octangle Marketing chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
3. Octangle Marketing may, in its sole discretion, change this agreement or any part thereof at any time without notice.
4. This website is run by Octangle Marketing Pty (Ltd) based in South Africa trading as Octangle Marketing and with registration number 2020/085922/07.
5. Company Physical Address: Unit 1 West
Square Office Park, 407 West ave, Ferndale, Randburg
6. Email: [email protected]
7. Telephone: 010 447 3797
Commencement, Duration and Application
1. The Octangle Marketing terms and conditions shall commence to apply upon signature of the Confirmation of Order by the Client in each instance.
2. The Octangle Marketing terms and conditions shall apply and endure until the services and/or products and/or orders quoted for and accepted by the Client are rendered and or delivered to the satisfaction of the Client and in line with the terms and conditions and until full payment of Octangle Marketing’s invoice(s) have been made by the Client in each instance.
3. These Terms and Conditions apply when you (“The Client”), as a customer, buy any product or service from Octangle Marketing. (“The Supplier”) and constitute a valid and binding agreement between you and Octangle Marketing. By purchasing any of our Products or Services, you agree to comply with these Terms and Conditions without modification. The effect of this clause is that by using the Website located at the domain name https://octangle.co.za or https://shop.octangle.co.za/ or purchasing goods or services from us it will be presumed that you have read and understood these Terms and Conditions, and that you agree to comply with them.
4. The Client may not access, display, use, download, and or otherwise copy or distribute content obtained on the website for marketing and other purposes without the consent of The Supplier. Please read these Terms and Conditions carefully and ensure you understand them. Some of these provisions have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement to these terms. We reserve the right to change the Terms and Conditions without prior notice.
Quotations
1. Octangle Marketing 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.
Samples
Unbranded Samples
1. Samples may be purchased online or through an Account Manager and then collected at our office (JHB) or delivered to the Client’s specified address via courier at an additional cost.
2. Thereafter, samples can be returned within 7 (seven) business days for a credit or refund on the items only (courier at own cost), provided the items are in their original packaging and in their original condition (undamaged). Damaged samples or samples with damaged packaging will not be accepted for return.
Branded Samples
1. Should branded samples be required, it can be arranged with your Sales Account Manager.
2. Branded samples cannot be returned for a credit or refund.
General
1. No returns accepted for white and drinkware samples, due to discolouration and safety reasons.
2. Unfortunately, no returns are accepted for USB and Power Bank samples.
3. No returns on workwear with reflective tape.
4. Gift set samples cannot be returned or refunded once ordered.
5. All sample orders need to be collected or delivered within 5 (five) business days of receiving the collection notification email, failing which the products will be returned and the order cancelled.
6. Samples with a value of less than R150.00 (one hundred and fifty Rand) ex. VAT may not be returned for a refund. Samples with a value over R150.00 (one hundred and fifty Rand) ex. VAT may be returned within 7 (seven) business days from date of purchase for credit or a refund, at the discretion of Octangle Marketing. Samples returned after 7 (seven) business days will not be refunded or credited. The cost of returning samples is on the Client’s account.
Product Selection and Orders
1. Unbranded orders are to be placed with your Sales Account Manager.
2. The Client is to place branded orders with Octangle Marketing in writing by completing the Confirmation of Order. Orders shall only be regarded as accepted upon written confirmation thereof by Octangle Marketing. Payment of the deposit by the Client does not constitute acceptance of orders.
3. Octangle Marketing will execute the Client’s order/s once the deposit (branded orders) or full amount (unbranded orders) is paid by the Client and reflecting in Octangle Marketing’s bank account, written confirmation of the order has been provided to the Client by Octangle Marketing and the supplier has confirmed that the stock to be ordered is available.
4. For branded orders, 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. Orders less than R2000.00 (two thousand Rand) ex. VAT require full payment upfront.
5. As stock changes occur on a daily basis, stock availability cannot be guaranteed by Octangle Marketing until the deposit has been paid, the confirmation of order has been signed and the stock availability has subsequently been confirmed by the supplier.
6. Octangle Marketing is entitled to refuse any order placed by the Client.
7. 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. Octangle Marketing will not be liable, in any manner of form, for incorrect product selection by the Client.
8. Lead times for orders will be deemed to commence on the date and time that Octangle Marketing received all signed off approvals of the artwork and payment of the funds have cleared in Octangle Marketing’s bank account.
9. Once an order has been confirmed, cancellations for that order will only be entertained if no branding has taken place and will be subject to a 25% (twenty-five per centum) cancellation fee or a minimum R200.00 (two hundred Rand) ex. VAT handling and administration fee (whichever is higher). A further R350.00 (three hundred and fifty Rand) ex. VAT per artwork layout will be charged if artwork layouts were created.
10. No cancellations of an order will be accepted on any branded items, custom made items or specially imported items and the Client shall be liable for full payment of the order.
11. Orders may be cancelled by Octangle Marketing in any case of fortuitous events or any other circumstances whatsoever beyond its control.
12. Fully paid orders that remain uncollected or undeliverable for 30 (thirty) calendar days will be donated to local charities.
13. A minimum order spend of R2500.00 (thousand Rand) ex. VAT applies to all branded orders.
Artwork For Branded Orders
1. Octangle Marketing 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 Octangle Marketing by the Client, on the chosen product. The Client needs to sign off the artwork and no further services will be rendered by Octangle Marketing until Octangle Marketing is in receipt of the duly completed signed off artwork approval.
2. The Client is to specifically indicate, in writing, whether permanent branding is required.
3. 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. Octangle Marketing shall not be responsible or liable for delays in delivery caused by artwork changes. Any changes requested and made after approval of the artwork and subsequent to plates/screens being made shall incur additional costs for the Client.
4. 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.
5. The Client is to partake in the process of reviewing and checking the artwork for spelling mistakes and errors relating to the item colours, sizing, image colour and image locations and is to do so before signing off and approving the artwork and order. Octangle Marketing shall not be responsible or liable for erroneous interpretations of the artwork and 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 and order being printed as accepted and approved by the Client.
6. The Client specifically acknowledges that layouts sent in colour via email are not necessarily a true reflection of the colour but a mere indication of what the product will look like due to the variations in computer monitor colouring. Printing colours will be matched as close as possible to Pantone colours or swatches supplied. Octangle Marketing cannot guarantee a 100% colour match due to the different materials used in promotional products.
Payment And Release of Orders
Standard Orders
1. 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. Should the outstanding amount not be paid within 7 (seven) calendar days of such a request being made, the interest of prime plus 2% (two per centum) will be incurred on all overdue amounts along with daily storage fees. Orders less than R2500.00 (two thousand Rand) ex. VAT require full payment upfront.
2. 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 Octangle Marketing 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.
4. Octangle Marketing accepts payment by way of Electronic Funds Transfer, PayFast payment links and PayGate PayBill service. Cash payments are however not acceptable.
5. All payments made by the Client to Octangle Marketing 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.
6. Octangle Marketing 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.
7. Orders will only be released for collection or dispatched for delivery once payment in full, including interest, if applicable, reflects in Octangle Marketing’s bank account. A company purchase order may, at the sole discretion of Octangle Marketing, be accepted. Octangle Marketing shall not be liable for missed deadlines due to non-payment or late payment by the Client.
8. Goods remain the property of Octangle Marketing until paid in full. The risk in and to the products shall pass from Octangle Marketing to the Client upon the date of collection or delivery thereof by Octangle Marketing 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 friend) or a third party engaged to transport the products shall be conclusive proof that delivery was made to the Client.
9. Should Octangle Marketing be required to institute legal proceedings to enforce its rights in terms of the contract with the Client, the Client agrees to be liable for and pay Octangle Marketing’s collection commission, tracing fees as well as its legal fees on the scale of attorney and own client.
Online Orders
1. Clients may place orders for Goods, which Octangle Marketing may accept or reject. Whether or not Octangle Marketing accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation to the price) and receipt of payment or payment authorisation by Octangle Marketing for the Goods.
2. Subject to availability and receipt of payment, requests will be processed within 2 – 14 business days (depending on supplier lead times, stock availability and delivery method) and delivery confirmed by way of email communication (waybill number or reference number as well as collection address, depending on shipping option – respectively, delivery via courier or collection).
3. A minimum order spend of R2500.00 (five hundred Rand) incl. VAT applies to all orders placed online (this excludes Delivery charges).
4. Octangle Marketing is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
5. Orders will only be released for collection or dispatched for delivery once payment in full, including interest, if applicable, reflects in Octangle Marketing’s bank account.
6. Goods remain the property of Octangle Marketing until paid in full. The risk in and to the products shall pass from Octangle Marketing to the Client upon the date of collection or delivery thereof by Octangle Marketing 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 friend) or a third party engaged to transport the products shall be conclusive proof that delivery was made to the Client.
7. Octangle Marketing will indicate the acceptance of your order by delivery of the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Octangle Marketing come into effect (the “Sale”). This is regardless of any communication from Octangle Marketing stating that your order or payment has been confirmed. Octangle Marketing will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
8. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
9. Octangle Marketing takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
10. You may contact us via our Contact Us page. We will also send you email communications about your order and payment.
Collection And Delivery
1. Unless alternative arrangements have been made with, and accepted by Octangle Marketing, the Client is to collect the order or accept delivery within 5 (five) calendar days from the Client being advised of such. Orders not collected or delivered within 5 (five) calendar days will be charged a handling fee of 25% (twenty-five per centum) of the total value of the order or sold to offset Octangle Marketing’s costs.
2. For orders that do not qualify for free delivery, Octangle Marketing will quote the Client using an external courier service to effect delivery, and once accepted and paid by the Client, Octangle Marketing will arrange for goods or orders to be delivered to the Client’s address.
3. Should the Client require freight insurance, the Client is to request same from Octangle Marketing in writing and Octangle Marketing is to accept same. The Client will be liable for the payment of such insurance costs before despatch of the goods/order/s by Octangle Marketing.
4. 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.
6. Delivery times quoted are estimated times only. Octangle Marketing 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 Octangle Marketing as such.
7. The risk in the goods shall pass to the Client upon the goods being loaded for delivery to the Client’s chosen premises/specified destination.
8. The Client is expected, in all cases, to take such measures as may be reasonable for the purpose of averting or minimising loss or damages and to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised. The carrier shall be deemed to be an agent of the Client, irrespective of which party issued the instructions to or paid the carrier.
9. If goods have to be re-delivered due to refusal to accept delivery or being undeliverable or unclaimed due to incorrect address details provided by the Client or for any other reason due to the Client’s action/omission, the Client will be invoiced for any additional delivery costs.
10. The Client must report, by recorded delivery, to the carrier any reservations the Client may have concerning the state of the goods or their packaging, within 24 (twenty-four) hours of the delivery time. A copy of these reservations, including a picture (if possible), must be sent to Octangle Marketing within the same time frame. In the absence of notice accordingly, the Client shall be deemed to have received and have accepted the goods in good order and condition as dispatched, delivered and invoiced by Octangle Marketing.
11. The Client is expected to inspect the goods on delivery and to verify specifications and quantity. Goods may not be returned, and deliveries may not be refused except by prior arrangement with Octangle Marketing. If any goods sold to the Client do not accord with specifications, the Client shall notify Octangle Marketing in writing immediately upon the defect becoming known to the Client and, provided the Client does so within 24 (twenty-four) hours from the time of delivery of the defective goods to the Client. Octangle Marketing may, at its discretion, replace any goods which were sold by Octangle Marketing directly to the Client and which goods are not in accordance with Octangle Marketing’s specifications.
12. Notwithstanding delivery and the passing of risk, ownership of the goods remains vested in Octangle Marketing until such time as the Client shall have affected full payment, including any related costs, in accordance with the invoice. “Payment” signifies the receipt of the amount due in terms of invoice/statement in the bank account of Octangle Marketing. Until such time as the Client shall have paid the invoice in full for such goods, the Client shall not, otherwise than in the ordinary course of business, sell, pledge or otherwise encumber the goods concerned and shall not remove such goods from the business premises of the Client without prior written consent from Octangle Marketing. If third parties attempt to assert or substantiate rights over the goods, the Client is obliged to inform Octangle Marketing of any such action immediately, and Octangle Marketing shall be entitled to take whatever action it may deem fit to protect its rights, including cancellation of the sale and repossession of the goods. In the event of any such cancellation of sale, the Client undertakes to look after and keep the goods safe until repossessed by Octangle Marketing, and, upon request from Octangle Marketing, the Client undertakes to hand over and return the goods to Octangle Marketing.
13. The parties record and agree that ownership in all goods sold by Octangle Marketing shall remain vested in the company until paid for in full by the customer. In the event of the customer failing on due date to pay the full amount payable in respect thereof, Octangle Marketing shall forthwith be relieved of any obligation to deliver, or tender delivery of same and shall be free to deal with such goods in any way it may deem fit, including the sale thereof to a third party, notwithstanding that the goods may bear the imprint of the customer, in such latter event the customer waives any rights, whether arising from the imprint or otherwise, and indemnifies the company against any claims arising from the company’s dealing with the goods as contemplated herein.
14. Unless the Client’s order specifically states a date on or before which delivery is required and such date or any other delivery date is accepted by Octangle Marketing in writing, orders will be accepted for delivery as and when goods can be made available by Octangle Marketing and Octangle Marketing is entitled to execute orders piecemeal or in part deliveries. Notwithstanding the aforegoing and any contrary provision which may be contained in the Octangle Marketing terms and conditions, the time of delivery shall not be of the essence of the contract and the Client shall not be entitled to cancel any agreement of sale should Octangle Marketing fail to deliver the goods on the agreed date.
Returns And Refunds
1. 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.
2. 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 Octangle Marketing. Any goods returned at the Client’s request may be returned by carriage which expense will be paid for by the Client. Returns of non-faulty items may incur handling- or administration fees of 25% (twenty-five per centum) of the total value of the order.
3. Octangle Marketing may replace any goods which were sold by Octangle Marketing 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 Octangle Marketing’s option, Octangle Marketing 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.
4. 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 resolution.
5. If any items are returned to Octangle Marketing or any of our warehouses that require a requested quality check due to items not being as expected, a thorough quality check will be done once again. If the quality check is being done due to the lack of proof from the Client and the returned items are deemed correct in accordance to order details and the relevant approvals, the items will be returned to the Client and the Client will be billed for the extra courier costs incurred. If any discrepancy is found on the return quality check, Octangle Marketing will be responsible for any replacements or reprints done thereafter, including courier costs incurred.
6. Should items go missing on route to the Client or be damaged in transit and the replacement value of these items is less than R500.00 (five hundred Rand) ex. VAT, then Octangle Marketing reserves the right to either refund or credit the Client for the missing/damaged items and will not be obliged to replace them.
7. When unwanted products (undamaged and unused) are to be returned –
a) The Client is responsible for returning the products to Octangle Marketing.
b) The delivery/courier costs on the order are non-refundable.
c) The Client is responsible for the return courier costs.
d) If the Client received free delivery on the order, the cost of that free delivery will be deducted from the refund and the Client is responsible for the return courier.
8. When unwanted products (undamaged and unused) are to be exchanged for other products, the replacements will be treated as a new order. The Client will be refunded for the unwanted goods as stipulated in the points above.
9. If the Client returns only part of an order of unwanted products (undamaged and unused), the following will apply –
a) Courier costs for the order will not be refunded.
b) If the Client received free delivery on their order and the sum of the partly returned order places below the R2000.00 (two thousand Rand) ex. VAT threshold, the cost of the free delivery will be deducted from the refund.
c) If the Client received free delivery on their order and the sum of the partly returned order places above the R2000.00 (two thousand Rand) ex. VAT threshold, the cost of the free delivery will not be deducted from the refund.
10. Branded goods and memory sticks may not, regardless of fault, be returned.
11. No returns on unbranded workwear with reflective tape.
12. No returns on Reduced to Clear or On Sale items.
13. Gift sets cannot be returned or refunded once ordered (excluding cases where items have been found to be faulty upon delivery/collection).
14. Octangle Marketing is unable to provide a refund if the amount is less than R250.00 (two hundred and fifty Rand) ex. VAT. Any refund less than R250.00 (two hundred and fifty Rand) ex. VAT will be credited to the client’s account and set off against the Client’s next order.
15. Refunds shall be processed within 30 (thirty) days from acceptance of the return by Octangle Marketing.
16. Octangle Marketing cannot be held liable for branding done by a third party after buying unbranded products from us. Our warehouses have established the best branding options and practices per product based on the machines and processes owned by Octangle Marketing. If branding is done with a third-party brander, all warranties and money back guarantees fall away.
Errors
1. Octangle Marketing takes all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods. However, should there be any errors of whatsoever nature (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
LOGO24
1. Once you place and pay for your order, no amendments or cancellations to the order will be possible as orders are picked immediately and will go into production as soon as possible.
2. Once you place and pay for your order, no amendments or cancellations to the order will be possible.
3. Importantly, due to the urgent nature of LOGO24 orders, no artwork approval process will be initiated for your order. The logo you supply us, will always be branded at the maximum possible size in the position that the LOGO24 branding guideline demonstrates. This logo will be centred within the demarcated branding area on the branding guideline. All LOGO24 branding guidelines can be viewed on the Octangle Marketing website and differ from the standard branding guideline for each product in question. If you have specific requirements for position or size, please place a standard branding order where we have more flexibility with the logo and branding positions. Branding outside of the demarcated LOGO24 branding area, or at a size that exceeds the maximum branding space, will not be available as part of the LOGO24 offering. If artwork contains fine detail
or small text that may close up, please ensure that you remove this before sending us the artwork for branding. Logos will not be modified once sent to us.
4. All artwork provided to us needs to be in Vector or an additional 4 hours will need to be allocated to convert your artwork to Vector format. Vector artwork will be acceptable in the following formats – .pdf (workable PDF), .cdr (Corel Draw), .ai (Adobe Illustrator)
5. If specific pantone colours are required for pad or screen-printed products, then these need to be specified at the time of providing us with your artwork. If digital branding is required, then the vector artwork must be correctly supplied to reflect CMYK colours.
6. LOGO24 applies to select products only and each is tagged on the Octangle Marketing website with the LOGO24 icon or in the LOGO24 category.
7. Minimum and maximum quantities apply to all LOGO24 product orders.
8. Orders placed Monday to Thursday: The LOGO24 service is available Monday to Thursday (when they are trading days in South Africa) and orders must be placed and paid for by 4pm to be complete and ready for collection in Johannesburg by 5pm the following day. Orders placed on Friday: Orders placed and paid for before 11am on a Friday (where it is a trading day in South Africa) will be completed by 5:00pm the following Monday in Johannesburg. Orders placed after 11am on a Friday, weekends or South African public holidays will not qualify for LOGO24 service.
9. In the event of the actual item being supplied incorrectly, customer service will be able to assist, but please note that it’s not guaranteed to be amended within 24hrs.
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
We thank you for reading our Terms and Conditions. Should you have any queries, please feel free to contact your Account Manager in this regard.
