Terms & Conditions

TERMS & CONDITIONS

Commencement, Duration, and Application

The Hum Merchandising’s Terms and Conditions shall commence upon the Client’s signature of the Confirmation of Order in each instance. These Terms and Conditions shall apply and endure until the Services and/or Goods and/or orders quoted for and accepted by the Client are rendered and/or delivered to the Client, in accordance with these Terms and Conditions, and until full payment of Hum Merchandising’s invoice(s) has/have been made by the Client in each instance.

Quotations

Hum Merchandising shall provide the Client with a quotation for the required Services and/or Goods, which shall be valid for the period indicated on the quotation or, in the absence of such period, for 7 (seven) calendar days. Quotations are subject to the availability of Goods and/or Services and the correction of good faith errors by Hum Merchandising. The prices quoted are subject to increases in price or costs, including currency fluctuations, which may occur before the Order is accepted by the Client.

If the Client disputes the amount of the increase, the amount may be certified by any independent auditor nominated by Hum Merchandising, and such certificate shall be final and binding on the Client. The party in whose favour the independent auditor determines the dispute shall not be liable for the cost of the independent auditor.

Quotations are subject to stock availability at the time of confirmation of the Order by the Client, either by paying the deposit or placing the Order, as determined solely by Hum Merchandising.

The Client hereby confirms that the Goods or Services on any tax Invoice issued duly represent the Goods or Services ordered by the Client at the prices agreed to by the Client and, where delivery/performance has already taken place, that the Goods or Services were inspected and that the Client is satisfied that these conform in all respects to the quality and quantity ordered and are free from any defects.

Samples

Unbranded Samples

Samples may be purchased online or through an Account Manager and then collected at Hum Merchandising’s (Johannesburg) warehouse or delivered to the Client’s specified address via courier at an additional cost.

Product Selection and Orders

Unbranded orders are to be placed via our online Add To Cart and Checkout process.

Clients may place Orders for Goods, which Hum Merchandising may, at its sole discretion, accept or reject. Whether or not Hum Merchandising 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 Hum Merchandising for the Goods.

The Client is to place branded Orders with Hum Merchandising in writing by completing the Confirmation of Order. Orders shall only be regarded as accepted upon written confirmation by Hum Merchandising. Payment of the deposit by the Client does not constitute acceptance of the Order.

Hum Merchandising will execute the Client’s Order(s) once the deposit (for branded orders) or the full amount (for unbranded orders) is paid by the Client, proof of payment is sent to the relevant branding consultant, written confirmation of the order is provided to the Client by Hum Merchandising, and the supplier has confirmed the availability of the Goods to be ordered.

For branded Orders, a deposit equal to 80% of the quoted amount, or if the quoted price fluctuated between the time the Client received the quotation and the placing of the Order, 80% of the adjusted amount, is to be paid by the Client. Quotations are subject to availability of the Goods at the time of confirmation of the Order. Special import items require, without exception, a 75% (seventy-five percent) deposit of the quoted amount. Orders less than R2000.00 (two thousand Rand) excluding VAT require full payment upfront.

As availability of Goods can change daily, it cannot be guaranteed by Hum Merchandising until the deposit has been paid, the Confirmation of Order has been signed, and the availability of Goods has been subsequently confirmed by the supplier.

The Client acknowledges that it is the Client’s sole responsibility to determine and ensure that the Goods ordered are correct and suitable for its intended purpose. Hum Merchandising will not be liable for the incorrect selection of the Goods by the Client.

Subject to availability and receipt of payment, requests will be processed within 2–14 Business Days (depending on supplier lead times, availability of Goods, 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).

Lead times for Orders will be deemed to commence on the date and time that Hum Merchandising received all signed-off approvals of the artwork and payment of the funds have cleared in Hum Merchandising’s bank account.

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 percent) cancellation fee or a minimum of R200.00 (two hundred Rand) excluding VAT handling and administration fee (whichever is higher). A further R450.00 (four hundred and fifty Rand) excluding VAT per artwork layout will be charged if artwork layouts were created.

A minimum order spend of R1000.00 (one thousand Rand) excluding VAT applies to all branded orders.

A minimum order spend of R300.00 (three hundred Rand) including VAT applies to all orders placed online (this excludes Delivery charges).

Artwork For Branded Orders

Hum Merchandising will provide the Client with an artwork approval via email or another electronic format. The artwork will illustrate the appearance of the Client’s logo or other image, as provided to Hum Merchandising by the Client, in respect of the Goods. No further services will be rendered by Hum Merchandising until it receives the duly completed signed-off artwork approval from the Client.

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. Hum Merchandising shall not be responsible or liable for delays in delivery caused by artwork changes. Any changes requested and made subsequent to the approval of the artwork and subsequent to plates/screens being made shall incur additional costs for the Client.

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 Goods will be returned to the warehouse and a cancellation fee equal to 25% (twenty-five percent) of the total value of the Order shall be charged. No artwork approvals will be accepted telephonically.

The Client shall review and check the artwork for spelling mistakes and errors relating to e.g., item colors, sizing, image color, and image locations and shall do so before signing off and approving the artwork/Order. Hum Merchandising 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, including any consequential damage/s.

If the Client selects an Artwork Design Package and their artwork requires the designer to spend more time than allocated for their design, an additional design fee of R250.00 (two hundred and fifty Rand) excluding VAT, per hour, will be incurred by the Client. The Client will be informed, in writing, of the additional fee and will be given the choice of whether to continue or not with the Artwork Design Package.

The Artwork Design Packages are inclusive of Free Artwork Redraw. The number of designs that can be redrawn is based on the Artwork Design Package that the Client purchases. Additional designs can be redrawn for an additional fee of R250.00 (two hundred and fifty Rand) excluding VAT, per hour.

There are 3 Artwork Design Packages, the details of which can be found on the Artwork Design Package page. Each design package varies in the number of designs that can be redrawn, the amount of text that can be used, the number of fonts, and the options on background color. Any variation from these packages will incur additional fees calculated on a basis of R250.00 (two hundred and fifty Rand) excluding VAT, per hour.

Should the Client purchase the Premium or Elite Artwork Design Package then the Client will be entitled to receive the Vector artwork files that were created by Hum Merchandising. Artwork files will be sent 7 (seven) days after completion of the Client’s Order. Should the Client decide not to proceed with the Order then Hum Merchandising reserves the right to withhold the Artwork files.

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 Goods will look like due to variations in computer monitor colouring. Printing colours will be matched as close as possible to Pantone colours or swatches supplied. Hum Merchandising cannot guarantee a 100% colour match due to the different materials used in promotional products and accordingly will not be liable for any damages as a result of any variation to the colours whether consequential or otherwise.

Cancellations and Returns/Refunds

No cancellations and/or pausing on processing of an Order will be accepted once the artwork has been approved on any branded Goods, including but not limited to banners, table cloths, awards, gazebos, and flags, custom-made Goods, and specially imported Goods, and the Client shall be liable for full payment of such orders.

Any Order is subject to cancellation by Hum Merchandising due to Acts of God or any cause beyond the control of Hum Merchandising, including (without restricting this clause to these instances): inability to secure labor, power, materials or supplies, war, civil disturbance, riot, state of emergency, strike, lockout, or other labor disputes, fire, flood, drought, disease, or legislation. In any such event, any monies paid by the Client will be refunded in full.

Returns will only be accepted if they are pre-authorised in writing by Hum Merchandising within 5 (five) Business Days of the Client receiving the Goods and will be at the sole discretion of Hum Merchandising. Returns will only be accepted if Goods are returned in their original packaging, unopened, and undamaged, and have not been branded. Returns will not be accepted if Goods have been used. A handling fee of 25% (twenty-five percent) of the quoted amount will be levied on all authorised returns.

Goods will only be refunded if they are found to be defective. In the event that Hum Merchandising agrees that the Goods are defective, the Client shall be entitled to a replacement or a refund at the Client’s election. If the Client elects a refund, the Client shall be refunded in the same manner in which the Client paid for the Goods.

In the event that the Client returns non-defective Goods to Hum Merchandising that (a) the Client did not order; or (b) the Client ordered incorrectly; or (c) the Client wants to exchange, Hum Merchandising shall charge a 25% (twenty-five percent) handling and administration fee. The Client shall be responsible for the return shipping and all associated costs.

Payments

Clients may make payments via Electronic Funds Transfer (EFT), credit card, or direct deposit into Hum Merchandising’s bank account. Credit card transactions will be acquired for Hum Merchandising via PayGate (Pty) Ltd, which is the approved payment gateway for all South African Acquiring Banks.

Hum Merchandising does not store any credit card details on its website. Credit card details are entered by the Client on PayGate’s secure site.

The Merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

Warranties and Indemnities

Hum Merchandising does not warrant that the Goods and/or Services will meet the Client’s individual requirements, and it is the Client’s responsibility to ensure that the facilities and functions of the Goods meet the Client’s requirements.

Subject to any applicable law, Goods will only carry the manufacturer’s warranty. Goods are warranted by the manufacturer for a period not exceeding 12 (twelve) months against faulty workmanship and material, fair wear and tear excepted. The warranty is subject to the terms and conditions of the manufacturer.

Should the manufacturer’s warranty claim be rejected due to non-compliance by the Client with the manufacturer’s warranty conditions, the Client shall be liable for the cost of the replacement Goods and/or Services.

Hum Merchandising does not accept responsibility for losses or damage to the Client’s property or data, for any business lost due to work carried out on or in connection with the Goods or Services, or for any other consequential damages and losses whether direct or indirect, unless such loss or damage is a direct result of gross negligence or willful misconduct by Hum Merchandising.

To the fullest extent permitted by law, Hum Merchandising disclaims all warranties and conditions, express or implied, including but not limited to the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement.

The Client indemnifies Hum Merchandising and holds it harmless against any claim made against it for any loss, damage, or injury sustained by the Client or any third party arising out of or in connection with the Goods and/or Services supplied, including consequential damages and loss of profits unless such loss or damage is a direct result of gross negligence or willful misconduct by Hum Merchandising.

Disputes

In the event of any dispute arising between Hum Merchandising and the Client, the parties shall endeavor to resolve the dispute amicably by negotiating in good faith.

If the dispute cannot be resolved by negotiation within 30 (thirty) Business Days, the dispute shall be submitted to mediation in terms of the Rules of the Arbitration Foundation of Southern Africa (AFSA). Should the mediation fail, the dispute shall be submitted to and finally resolved by arbitration in terms of the Rules of AFSA, by an arbitrator appointed by AFSA. The arbitration shall be held in Johannesburg in the English language.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa.

General

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.

These Terms and Conditions constitute the entire agreement between Hum Merchandising and the Client concerning the subject matter hereof and supersede all prior agreements and understandings, both written and oral.

No waiver of any term, provision, or condition of these Terms and Conditions, whether by conduct or otherwise, shall be deemed to be, or shall constitute, a waiver of any other term, provision, or condition hereof, nor shall any waiver constitute a continuing waiver unless otherwise expressly provided.