Terms and Conditions

Tandym 

1 Park Road

Western Province Park

Epping, Cape Town
South Africa 
by means of a clear statement (e.g. a letter sent by post, fax or email etc.) regarding your decision to revoke this contract.

To observe the revocation period it shall be sufficient for you to send the notification of the exercising of the right of revocation before the expiry of the revocation period.

Consequences of revocation

If you revoke this contract, we shall refund you all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you chose a type of delivery other than the reasonable standard delivery offered by us), immediately and no later than within 14 days of the date on which we received the notice of revocation of this contract. We shall effect this repayment by bank transfer only. Under no circumstances will you be charged any bank charges for this repayment. We may withhold the repayment until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier.

You must send back or transfer the goods immediately and in all cases no later than 14 days from the date on which you notify us of the revocation of this contract to Tandym, 1 Park Road, Western Province Park, Epping, Cape Town, 7475, South Africa. This deadline shall be considered met if you send the goods before the expiry of the period of 14 days. We shall bear the costs of returning the goods. You shall pay for any diminished value of the goods only if this diminished value is attributable to your handling of the goods in any way other than what is necessary to ascertain the quality, nature and functioning of these.

Special Note

Your right of revocation shall expire prematurely if at your express request we start the execution of the contract before the expiry of the revocation period.


6.2. Right of revocation for delivery of multiple goods not manufactured according to customer specifications and delivered in multiple consignments

6.3. If the printed materials are produced via the WEBPRINTER  website according to customer specifications, no legal right of revocation shall exist. No contractual right of revocation is granted.

The right of revocation shall not exist for distance sales contracts
- for the supply of goods which are not prefabricated and the production of which is determined by an individual choice or decision of the consumer or which are clearly tailored to the personal needs of the consumer.


7. Communication

7.1. Applicable laws require that some of the information or communications WEBPRINTER  send to Customer should be in permanent form and for this purpose, WEBPRINTER shall confirm such information to Customer by email, which Customer accepts is a permanent form of communication.

7.2. When registering to use the Website, Customer shall provide an e-mail address for communications between WEBPRINTER  and Customer. Customer shall ensure such email address is valid and functioning. In particular, Customer shall ensure that the settings of the spam filter on its e-mail account allows the receipt by Customer of e-mails sent by WEBPRINTER.

7.3. In the case of Customers purchasing as a business:

7.3.1. Customer acknowledges and agrees that this e-mail address shall be stored by WEBPRINTER and used in respect of any future orders received from the Customer until revoked or modified by the Customer;
7.3.2. any notice or communication sent by WEBPRINTER to Customer, or by Customer to WEBPRINTER  will be deemed received and properly served (i) immediately when posted on the Website (ii) in the case of e-mails, 24 hours after an e-mail is sent, or (iii) in the case of letter, three days after the date of posting.

8. Price of the Products and Delivery Charges

8.1. Prices for products quoted on the website are for only valid for orders which are placed online. There will be an additional surcharge of R150 per order for all orders which are placed in any other manner (email, telephonic, etc.)

8.2. WEBPRINTER takes all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the Website. However, if WEBPRINTER discovers an error in the price of Products(s) ordered by Customer, condition 8.5 will apply.

8.3. Prices for the Products may change from time to time, but changes will not affect any order which WEBPRINTER  has confirmed with an Order Confirmation. 

8.4. The price of the Products includes packaging and delivery charges but excludes shipping insurance.

8.5. The Website contains a large number of Products. It is always possible that, despite WEBPRINTER’s best efforts, some of the Products on the Website may be incorrectly priced. If WEBPRINTER discover an error in the price of the Products Customer has ordered, WEBPRINTER will inform Customer of this error and WEBPRINTER  will give Customer the option of continuing to purchase the Product at the correct price or cancelling the order. WEBPRINTER  will not process Customer’s order until it has received Customer’s instructions. If WEBPRINTER  is unable to contact Customer using the contact details Customer provided during the order process, WEBPRINTER will treat the order as cancelled and notify Customer in writing. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by Customer as a mispricing, WEBPRINTER  do not have to provide the Products to Customer at the incorrect (lower) price.

8.6. The Customer will be charged additionally for any subsequent changes requested by the Customer, including if this request results in machine downtime or additional production costs in the event of a complete or partial cancellation (except if the cancellation is pursuant to the consumer’s rights under condition 6). Additional charges are also payable if Customer requests repeated samples due to a slight deviation from the template.

8.7. Where Customer orders more than two proofs, this shall be subject to an additional fee in accordance with condition 5.4 of these Terms.

8.8. If Customer obtains a quotation for Products from WEBPRINTER  either by e-mail or through the Website, this does not constitute an offer by WEBPRINTER  and shall only be valid for a period of 7 days from its date of issue. All quotations are subject to the condition that the order details underlying the quotation at the time of issue remain unchanged, and Artwork to be received from Customer is received within one week of Customer placing the order.

8.9. All prices quoted are for one artwork only and print runs can not be split into multiple artworks / designs.

9. VAT

9.1. The price of the Products automatically includes VAT (if any, which shall be at the sole discretion of WEBPRINTER )at the applicable current rate chargeable in the South Africa. However, if the rate of VAT changes between the date of the order and the date of delivery, WEBPRINTER  will adjust the VAT payable by Customer, unless Customer has already paid for the Products in full before the change in VAT takes effect.

9.2. If Customer believes that the Product it has purchased should be zero rated for VAT purposes, Customer shall notify WEBPRINTER  immediately following receipt of the Order Confirmation and confirm the reasons for this. WEBPRINTER  will investigate such claim and if it considers (acting reasonably) that such Product should be zero rated for VAT purposes, WEBPRINTER  shall reimburse Customer for any overpayment made in respect of VAT.

9.3. Customers who are registered for VAT purposes must provide to WEBPRINTER  a valid VAT registration number at the time of placing an order. WEBPRINTER  is entitled to retain such information and apply this VAT registration number to any subsequent orders until WEBPRINTER is notified by Customer in writing that the VAT registration number is no longer valid.

10. Payment

10.1. WEBPRINTER uses external payment service provider, PAYGATE to process all payments. Customer may pay for Products at the time of placing the order using a debit card, credit card or via Smart EFT. Customers should note that WEBPRINTER shall not start production of the Products until payment has been received in full and print-ready or approved artwork has been supplied. 

10.2. No other payment methods or terms shall apply unless expressly agreed with WEBPRINTER in writing.

10.3. WEBPRINTER shall issue a separate invoice for each Product ordered by Customer.

10.4. In the event that Customer makes a payment in error, it is the responsibility of Customer to notify WEBPRINTER and request WEBPRINTER reimburse such sum. Subject to confirmation by WEBPRINTER that it has received such overpayment, WEBPRINTER shall reimburse the sum to Customer. Where the repayment of any such sum by WEBPRINTER (PTY) LTD is subject to an additional charge, WEBPRINTER shall be entitled to deduct the amount of any charge from the sum to be reimbursed.

11. Delivery and Production

11.1. Delivery is based upon the production time taken by WEBPRINTER  to manufacture the Products and the delivery time to ship the Products to Customer.

11.2. For areas where the external courier does daily deliveries, WEBPRINTER will ensure that the Products are delivered within 7 working days of production commencing. For all other areas, the delivery will be as soon as possible after Customer’s order has been accepted and WEBPRINTER has completed the production of the Products.

11.3. WEBPRINTER offers a cash back guarantee on delivery. Production time starts once payment and the printable data has been received. For all orders where there is a daily delivery offered by the courier, if the order is not delivered within 7 working days of production commencing, WEBPRINTER will refund 100% of the cost of the order to the customer. This does not apply to orders that need to be delivered in outlying areas where the courier only delivers on specific days of the week.

11.4. WEBPRINTER will advise Customer of the estimated date when the production of the Products shall be completed.

11.5. WEBPRINTER shall not commence production on the Products until it has received payment in full for the Products and it is in receipt of the final Artwork following the completion of any Standard Artwork Check or Proof. If everything is received before 11am on a working day, production starts the same day. If it is received after 11am, production starts the next working day. Working days are Monday to Friday only. WEBPRINTER guarantees delivery within 7 days of production commencing (remote areas excluded).

11.6. Delivery will be completed when WEBPRINTER (PTY) LTD delivers the Products to the address given by Customer during the order process. If Customer selects their own carrier for delivery, delivery will be completed when WEBPRINTER (PTY) LTD delivers the Products to Customer’s nominated carrier.

11.7. If Customer is not available at the delivery address, WEBPRINTER’s chosen carrier (The Carrier) will leave a note that the Products have been returned to The Carrier’s premises and Customer must contact The Carrier to rearrange delivery. In circumstances where The Carrier has re-arranged delivery and Customer is not available at the delivery address on the agreed date and time to take delivery of the Products, The Carrier shall be entitled (at its discretion) to charge Customer for any additional costs reasonably incurred by The Carrier in attempting to re-deliver the Products.

11.8. The Products will be at the risk of the Customer from completion of delivery. Customer shall only own the Products once WEBPRINTER has received payment in full for the Products.

11.9. Delivery of the Products shall be performed during normal business hours, being Monday to Friday 8am to 6pm.

11.10. The delivery of prospectuses takes place on disposable pallets; shipment tracking is not possible in this case.

11.11. For the avoidance of doubt, WEBPRINTER or The Carrier shall not be liable for any delay in delivery of the Products that is caused by an Event Outside the Control of WEBPRINTER, The Carrier or Customer's failure to provide WEBPRINTER (PTY) LTD with adequate delivery instructions or any other instructions that are relevant to the supply of the Products. 

12.. Event Outside the Control of WEBPRINTER or The Carrier

12.1. WEBPRINTER or The Carrier shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by an Event Outside the Control of WEBPRINTER  or The Carrier. An Event Outside the Control of WEBPRINTER  or The Carrier is defined below in condition 12.2.

12.2. An Event Outside the Control of WEBPRINTER or The Carrier means any act or event beyond WEBPRINTER or The Carrier’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

12.3. If an Event Outside the Control of WEBPRINTER or The Carrier takes place that affects the performance of WEBPRINTER or The Carrier’s obligations under a Contract:

12.3.1. WEBPRINTER will notify Customer as soon as reasonably possible; and

12.3.2. WEBPRINTER’s obligations under a Contract will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside the Control of WEBPRINTER.

12.4. If the Event Outside the Control of WEBPRINTER or The Carrier extends beyond four weeks, Customer shall be entitled to cancel the Contract.

13. Warranty

13.1. Where Customer’s Products arrive in a damaged or defective condition, or Customer claims the Products are not as described, Customer must notify WEBPRINTER immediately and, in any event, no later than 14 days following delivery of the Products. Subject to Customer giving WEBPRINTER a reasonable opportunity of examining such Products and Customer (if asked to do so by WEBPRINTER) returning such Products to WEBPRINTER at WEBPRINTER’s cost, WEBPRINTER will provide a full refund of the price paid by Customer including return postage and packing

13.2.If Customer returns any Products to WEBPRINTER and WEBPRINTER can prove they were not damaged or defective when Customer received them, or are not misdescribed, WEBPRINTER may send them back to Customer, claiming the cost of return postage and no refund shall be due to Customer.

13.3. For the avoidance of doubt, WEBPRINTER shall not be liable to accept any returned Products from Customer in circumstances where the Product is based on Artwork produced by Customer which fails to comply with the Format Requirements stipulated by WEBPRINTER.

14. Liability

WEBPRINTER’s liability if Customer is purchasing as a consumer

14.1. . If WEBPRINTER fails to comply with these Terms, WEBPRINTER is responsible for any loss or damage suffered by Customer that is a foreseeable result of WEBPRINTER’s breach of the Terms or WEBPRINTER’s negligence. Loss or damage will be foreseeable if they are an obvious consequence of WEBPRINTER’s breach or if they were contemplated by Customer and WEBPRINTER at the time the Contract was entered into.

14.2. WEBPRINTER does not in any way exclude or limit its liability for:

14.2.1.death or personal injury caused by our negligence;
14.2.2. fraud or fraudulent misrepresentation;
14.2.3. defective products under the Consumer Protection Act, No.68 of 2008.

WEBPRINTER’s liability if Customer is purchasing as a business

14.3. Nothing in these Terms limit or exclude WEBPRINTER’s liability for:

14.3.1. death or personal injury caused by our negligence;
14.3.2. fraud or fraudulent misrepresentation;
14.3.3. defective products under the Consumer Protection Act, No.68 of 2008.

14.4.Subject to condition 14.3, WEBPRINTER will under no circumstances whatever be liable to Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: 
14.4.1. any loss of profits, sales, business, or revenue;
14.4.2. loss or corruption of data, information or software;
14.4.3. loss of business opportunity;
14.4.4. loss of anticipated savings;
14.4.5. loss of goodwill; or
14.4.6. any indirect or consequential loss.

14.5. Subject to condition 14.3 and condition 14.4, WEBPRINTER’s total liability to any business Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 200% of the price of the Products.

15. Communications between WEBPRINTER and Customer

15.1. When these Terms refer to "in writing", this will include e-mail.

15.2. If Customer is purchasing as a consumer:

15.2.1. To cancel a Contract in accordance with Customer’s legal right to do so as set out in condition 6 Customer must contact WEBPRINTER in accordance with condition 6.3..
15.2.2. . If Customer wishes to contact WEBPRINTER in writing for any other reason, Customer can send this to WEBPRINTER by e-mail [hello@webprinter.co.za] or by pre-paid post to WEBPRINTER, P.O.BOX 775, Eppindust, Cape Town, 7475, South Africa. Customer can always contact WEBPRINTER using the Customer Services telephone line.
15.2.3. If WEBPRINTER have to contact Customer or give Customer notice in writing, WEBPRINTER will do so by e-mail or by pre-paid post to the address Customer provided in the order.

15.3. If Customer is purchasing as a business, any notice given by Customer to WEBPRINTER , or by WEBPRINTER to Customer, will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this condition shall not apply to the service of any proceedings or other documents in any legal action.

16. Termination

16.1. WEBPRINTER processes personal data in accordance with its Privacy Policy. 
16.2. Before sending an Order Confirmation, WEBPRINTER has the right to cancel Customer's order, if Customer does not deliver Artwork that complies with the Format Requirements within a period of four weeks from date of order. 

17. Personal Data

17.1.WEBPRINTER processes personal data in accordance with its Privacy Policy.

17.2. WEBPRINTER  will use the personal information provided by Customer to:

17.2.1. supply the Products;
17.2.2. process the payment for such Products; and
17.2.3. . inform Customer about similar products or services that WEBPRINTER provides, but Customer may stop receiving these communications at any time by contacting WEBPRINTER  or by clicking an unsubscribe button.

17.3. Save as set out in condition 17.4 below, WEBPRINTER  does not pass any personal data to any other third party.

17.4. WEBPRINTER  uses a trusted third party to store the personal data it collects. Further details about this processing are set out in the Privacy Policy.


18. Archiving

WEBPRINTER  shall not archive Products belonging to Customer (including in particular data and media) without prior written agreement and upon such payment terms as WEBPRINTER shall in its sole discretion determine. Customer shall be responsible for insuring such archived Products.

19. Trade marks / Copyright

The Customer shall indemnify WEBPRINTER against any and all claims, liability, costs losses, damages and expenses arising out of the use by WEBPRINTER of the materials provided to WEBPRINTER  by Customer including (without limitation) the Artwork 

20. Other important terms

20.1. . WEBPRINTER  may transfer its rights and obligations under a Contract to another organisation, but this will not affect Customer’s rights or WEBPRINTER‘s obligations under these Terms.

20.2. Customer may only transfer its rights or obligations under these Terms to another person if WEBPRINTER agrees in writing. However if Customer is a consumer and has purchased a Product as a gift, Customer may transfer the benefit of the warranty to the recipient of the gift without needing to ask WEBPRINTER’s consent.

20.3.The Contract is between WEBPRINTER and Customer. No other person shall have any rights to enforce any of its terms. If Customer is a consumer, the recipient of any gift of a Product will have the benefit of WEBPRINTER’s warranty, but WEBPRINTER and Customer will not need their consent to cancel or make any changes to these Terms.

20.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

20.5. If WEBPRINTER (i) fails to insist that Customer perform any of its obligations under these Terms, (ii) does not enforce its rights against Customer, or (iii) delays in enforcing its rights against Customer, that will not mean that WEBPRINTER has waived its rights against Customer or that Customer does not have to comply with those obligations. If WEBPRINTER does waive a default by Customer, WEBPRINTER will only do so in writing, and this will not mean that WEBPRINTER will automatically waive any later default by Customer.

20.6. If Customer is purchasing as a consumer, these Terms are governed by South African law. This means a Contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by South African law. Customer and WEBPRINTER both agree that the courts of South Africa will have non-exclusive jurisdiction.

20.7.If Customer is purchasing as a business, these Terms are governed by South African law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by South African law. Customer and WEBPRINTER both agree to the exclusive jurisdiction of the courts of South Africa.