TERMS AND CONDITIONS OF SALE
FOR BUSINESS AND PRIVATE ORDERS
These terms and conditions of sale shall apply to all Orders placed by the Purchaser. The Purchaser acknowledges that these terms and conditions govern all orders placed by it at any time and from time and as such constitute a binding agreement between the Purchaser and Imagemakers (Pty) Ltd or its assigns (IMA) upon acceptance of an order by IMA.
IMA: Imagemakers (Pty) Limited, Reg. No. 1982/009616/07 of 21 Queenspark Avenue, Salt River Cape Town or its assigns.
Purchaser: the party placing an order with IMA or on whose behalf such order is placed and who is identified as such on the reverse side hereof.
Order(s) the request made by the Purchaser or its agent to IMA for the sale and delivery of certain Corporate Wear garments to the Purchaser, the details of which are contained either on the reverse side hereof or on any document requesting the supply of such garments, including additional, supplementary, and repeat orders.
This document contains the entire agreement between the parties relating to the Orders and no party shall be bound by any undertaking, representation, warranty, promise or the like not recorded herein. No amendment of this agreement will constitute a novation of any of the terms of this agreement unless reduced to writing and signed by the Purchaser and IMA. This agreement and all matters relating hereto shall be dealt with in accordance with the laws of South Africa.
The prices reflected in the IMA Corporate Wear Price List, are exclusive of VAT and are applicable to all Orders, completed, signed and received by IMA on or before the validity date as reflected in the Price List. Notwithstanding the above provision, IMA may, in its sole discretion and without notice to the Purchaser, alter the prices and validity dated without incurring any obligation prior to acceptance of an Order. The prices exclude the costs of the delivery of the garments to the customers at its designated delivery address.
The Purchaser hereby consents to Imagemakers (Pty) Limited or its assigns, verifying any application for credit made by the Purchaser to Imagemakers (Pty) Limited, conducting a credit check, whether with a credit bureau or otherwise for any purpose contemplated by the National Credit Act, 34 of 2006 or the regulations made in terms of such Act.
The Purchaser shall pay for the garments in full, before they are despatched from IMA, as agreed between IMA and the purchaser in respect of each specific order. Should the Purchaser fail to pay IMA for the garments, IMA may suspend the delivery of further orders until all sums which are due have been paid. Should the Purchaser cancel an Order, IMA may charge the Purchaser a cancellation fee not exceeding 50% of the Purchase Price. All overdue amounts due by the Purchaser to IMA in respect of unpaid Orders shall bear interest at the rate of 2% above the prime bank overdraft rate charged by ABSA Bank, from time to time, to its preferred customers, from due date until date of payment. The Purchaser shall not be entitled to attach any condition whatsoever to any payment made to IMA, including the condition that any payment is made and tendered in full and final settlement. If the Purchaser attaches any such condition, IMA will be entitled to accept payment on account and to exercise its rights in terms hereof as if no such condition had been attached.
PAYMENT OPTIONS ACCEPTED
Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the IMAGEMAKERS PTY(LTD) bank account, the details of which will be provided on request
Credit card acquiring and security
Credit card transactions will be acquired for IMAGEMAKERS PTY(LTD) via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy
OWNERSHIP AND DELIVERY
Ownership of the garments ordered by the Purchaser shall remain vested in IMA and shall not pass to the Purchaser until IMA receives payment for the garments in full. While IMA shall use its best endeavours to adhere to any specified delivery date, it shall not be bound by such date and accepts no responsibility for any loss, expense, or any other damages of whatsoever nature that may result from any delay in delivery. Orders in South Africa will be delivered by road to the chosen domicilium of the customer set out on the order form.
All garments displayed in the IMA Corporate Wear catalogue are subject to availability. IMA shall be released from the obligation to deliver any particular items of the Order if, for any good reason, it is unable to supply and deliver same to the Purchaser. In such event, IMA shall not be liable for any loss of profit or damages, direct or indirect, consequential or otherwise that the Purchaser may suffer. Such release shall in no way affect or detract from the Purchaser’s obligation to pay for the remainder of the items reflected in the Order that are supplied and delivered to the Purchaser.
Notwithstanding the reservations of ownership as set out above, all risk in and to the garments shall pass to the Purchaser upon delivery.
The sizes and lengths of the garments, as more fully reflected and specified in the catalogue, constitute the only sizes and lengths that are manufactured as part of the IMA Corporate Wear Collection and accordingly, exceptions will not be made should such sizes or lengths not match the requirements of the Purchaser. Notwithstanding the above provision, should any particular garment be of an inappropriate size or length, IMA may agree to alternative arrangements that may meet the Purchaser’s requirements. IMA shall have the right, without notice and from time to time, to withdraw, modify, or alter the styles, fabrics and colours of any of its styles without incurring any liability.
In as much as each garment is delivered with detailed care instructions attached to it, IMA shall not be responsible for any damage that may be caused to the garments due to incorrect laundering or general poor care.
Any complaints are to be submitted in writing within 7 days of the receipt of the goods to IMA at its email or fax address setting out full details of such complaint.
COOLING OFF PERIOD
In the event that the Electronic Communications and Transactions Act 25 of 2002 is applicable, the attention of the purchaser who is a natural person is drawn to the applicable provisions of Section 44 of such Act which reads as follows:-
- A consumer is entitled to cancel without reason and without penalty any transaction and any related credit agreement for the supply of goods within seven days after the date of the receipt of the goods;
- The only charge that may be levied on the consumer is the direct cost of returning the goods.
- If payment for the goods has been effected prior to a consumer exercising a right referred to in subsection (1), the consumer is entitled to a full refund of such payment, which refund must be made within 30 days of the date of cancellation.
- This section must not be construed as prejudicing the rights of a consumer provided for in any other law.
IMAGEMAKERS PTY(LTD) 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
COUNTRY OF DOMICILE
This website is governed by the laws of South Africa and IMAGEMAKERS PTY(LTD) 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, 21 Queenspark Avenue, Salt River, 7925, Cape Town, South Africa
IMAGEMAKERS PTY(LTD) may, in its sole discretion, change this agreement or any part thereof at any time without notice.
Should the Purchaser breach any of the terms of this agreement or fail to make payment on due date of any monies owing by it to IMA, IMA may, without prejudice to any other rights which it may have in law, cancel the agreement without any prior notice to the Purchaser and claim any damages it may have suffered as a result of such breach, or claim payment of all monies which are owing to it. The Purchaser will be liable for all expenses incurred by IMA in exercising any rights arising out of a breach of the Purchaser’s obligation or failure to pay any monies due by it, including legal charges as between attorney and own client, collection charges and tracing fees.
WHOLE CAUSE OF ACTION
The parties agree that a valid agreement shall only be concluded once the order / signed agreement is received by IMA at its place of business, namely 21 Queenspark Avenue, Saltriver in the Cape Town Court’s jurisdiction. The parties further agree that payment to IMA must be made into our bank account at either Standard Bank, Absa Bank or Nedbank, in South Africa and it shall only be deemed to be paid once payment is reflected in the bank account of IMA.
Should the signatory hereto be a representative of the Purchaser, the signatory warrants that he/she is the duly authorised signatory of the Purchaser and that he/she may bind the Purchaser. The signatory by his/her signature hereto hereby binds himself/herself as surety and co-principal debtor in solidum with the Purchaser to and in favour of IMA for payment of all sums of money which may at any time be owing by the Purchaser to IMA in terms of any Order and which sums shall include all interest and any other charges that the Purchaser is liable to pay to IMA.
Should IMA be unable to perform any of its obligations as a result of forces beyond its control from any cause whatsoever, IMA shall be entitled, at its option, to cancel this agreement or to suspend performance of its obligations hereunder and shall not be liable for any loss or damage, consequential or otherwise resulting from such cancellation or suspension.
The Purchaser chooses as its domicilium citandi et executandi for all purposes hereunder, the physical address given by the Purchaser on any order form which shall also be the address to which the goods are to be delivered. The Purchaser consents and submits to the jurisdiction of the Magistrates Court in respect of all actions or proceedings arising out of this agreement, notwithstanding that the amount of such claim may exceed the jurisdiction of such court. IMA shall however not be precluded from instituting any action against the Purchaser in the High Court of South Africa. IMA will be entitled to verify the information contained in the Order and generally to make whatever enquiries it deems necessary. A certificate signed by any manager of IMA (whose appointment need not be proved) as to the amount due and payable by the Purchaser to IMA in respect of capital, interest and/or any other amount, and as to any details of any purchase or Order, will be prima facie proof of the correctness of the contents thereof and shall be sufficient for the purposes of enabling IMA to obtain summary judgment or provisional sentence against the Purchaser or the signatory. No amendment, variation, addition, alteration or consensual cancellation of an Order or any term of this agreement by the Purchaser shall be of any force of effect unless recorded in writing and signed and agreed to by IMA. No Waiver of any of the terms and conditions of this agreement will be binding, for any purpose, unless reduced to writing and signed by such party. Any such Waiver will only relate to that specific Waiver and be for no other purpose.
In the event that the purchaser avails itself of the IMA voucher code referral scheme, the following specific terms and conditions shall apply.
IMA will only be liable to effect payment of a commission or referral fee to a person entitled thereto (“the referee”)provided that IMA accepts an order made by a customer referred to it by the referee and provided further that IMA has received payment in full for such order/s.
IMA shall under no circumstances be obliged to effect payment of any commission or referral fee to any referee, it being clearly understood that the said scheme is operated by IMA acting in the utmost good faith and on the basis that every endeavour will be made to ensure that payment of a commission or referral fee will be made to a referee who is entitled to receive payment.
This scheme shall only apply in respect of orders which are received for delivery within the Republic of South Africa and to referees who are physically resident within the Republic of South Africa.
Any amount/s which is due to a referee can only be redeemed at a branch of Standard Bank of South Africa or a Spar store which has the requisite software to enable such payment to be made to the referee.
The referee will receive a pin code which will be sent to the referee by email or SMS at the sole risk of the referee, such pin code to be forwarded to the address of the purchaser as reflected on its registration application.
The referee is aware that this voucher code referral scheme is at the discretion of IMA and in the event that the referee does not receive the referral fee or commission, for whatever reason, it shall have no claim whatsoever against IMA arising therefrom.
The issue of a voucher code, the period during which it can be used and the terms and conditions applicable thereto including, but not limited to the time when payment can be claimed or made, will be at the sole and absolute discretion of IMA.
There is no obligation on a purchaser to refer any prospective customer to IMA so that such a purchaser becomes entitled to payment in terms of this voucher code scheme.
The purchaser acknowledges that it is aware of the voucher code referral scheme;
that it will be entitled to receive a fee or commission subject to the terms thereof which are at the sole direction of IMA; and
consents to information relating to its personal particulars being furnished to the referee as defined in paragraph 2 above and to any person or entity which may have to be made aware thereof to enable IMA to give effect to this voucher code referral scheme.