1. DEFINITIONS

In these Terms and Conditions, unless stated otherwise:

1.1. “Go Promo” means Go Promo (Pty) Ltd (registration 2019/062794/07), herein referred to as “the Owner”,  as well as its web property www.gopromo.co.za, herein referred to as “the Site” or “the Service”;

1.2. “the Customer”  or “the Client” means the company or individual contracting with Go Promo for the provision of goods and/or services;

1.3. “the Order” means the goods and/or services the Customer contracts Go Promo to provide.

1.4. These Terms and Conditions govern all transactions between Go Promo and the Customer, including the specific transactions conducted in terms of Orders received. No variation or alteration of these Terms and Conditions shall be binding on Go Promo unless reduced to writing and signed by a duly authorised representative of Go Promo.

1.5. Should the Customer be domiciled outside the Republic of South Africa, all contracts between the Customer and Go Promo shall be governed to and interpreted in accordance with the laws of the Republic of South Africa and the South African Courts shall have sole jurisdiction in respect thereof.

2. QUOTATIONS AND ORDERS

2.1. All quotations are valid for a period of 7 (seven) days from date of issue.

2.2. There is no minimum order value for branded or unbranded goods, although some items may be subject to a minimum order quantity as stipulated in the product description or by your Go Promo consultant.

2.3. To expedite the quotation process, additional services required by the Customer including, but not limited to, branding, gift packaging, rush service, special design or import, delivery and insurance, should be stipulated on the quote request.

2.4. Acceptance of a Go Promo quotation by the Customer shall mean acceptance of these Terms and Conditions.

2.5. Acceptance of a Go Promo quotation by the Customer shall be reduced to writing via the online facility, or a purchase order or email communication from the customer.  If not submitted via the online facility, the purchase order or written confirmation must include:

(i) product name and model number, colour, quantity, size and any/or any other required variables;

(ii) branding, gift packaging and additional services required, if any;

(iii) date of order and name of authorising person;

(iv) company letterhead with contact details, including telephone number and physical address; and

(v) purchase order number if applicable.

2.6. The Customer selects as its domicilium citandi et executandi the address provided on its online Order, its Purchase Order or its written confirmation of Order.

2.7. An Order is deemed as accepted by Go Promo once it has been confirmed in writing by the Customer and a response has been sent by a Go Promo representative. Payment of a deposit by the Customer does not constitute Go Promo’s acceptance of the Order.

2.8. Go Promo is entitled to refuse any Order placed by a Customer and shall not be liable to the Customer if, for any reason, it fails to accept an Order, deliver an Order or deliver timeously.

2.9. Quotations are subject to increases in the cost price before acceptance of an Order by Go Promo. Stock availability can only be guaranteed once the deposit has cleared in the Go Promo bank account and we have confirmed the Order with our vendor.

2.7. Should the Customer required goods on a certain date, this should be stipulated in the quote request and may be subject to Rush Order Surcharge. Go Promo cannot guarantee that any Order will be fulfilled by the stipulated date and lead-times will be confirmed upon Go Promo’s acceptance of the Order.

2.8. While we strive for accuracy, we cannot guarantee that the product descriptions and images on the Site are correct, complete, current or free from errors. If a product purchased is not as described or pictured on the Site, you may return it (in its original packaging and unused condition), per the Returns policy described herein. Branded items will not be accepted for return or refund.

2.9. Samples are available for purchase and can be collected from our Randburg premises or delivered, subject to the fees and Terms and Conditions herein. Samples with a value exceeding R50.00 (fifty South African Rands) excluding VAT, returned in their original condition and original undamaged packaging can be returned for refund or credit. Go Promo reserves the right to refuse the return of damaged samples, technology samples or hamper/gift pack samples.

2.10. Lead-time will commence on the date and time that Go Promo receives written artwork approval and funds have been cleared in its bank account, whichever comes later.

3. RUSH ORDERS

3.1. Go Promo offers a rush service  whereby a branded order will be guaranteed to be complete and ready for dispatch in 2 (two) to 5 (five) working days. Please ask your Go Promo consultant for more information.

3.2. This service is available on selected items and subject to a 15% (fifteen percent) surcharge on the total order value.

3.3. Rush Orders are subject to timeous approval of artwork by the Customer and full payment being cleared in Go Promo’s bank account prior to dispatch.

3.4. The completion date will be stipulated in Go Promo’s acceptance of Order prior to commencement of any work.

3.5. The rush order production time does not include delivery transit time.

4. CANCELLATION OF ORDERS

4.1. A written Order constitutes a binding agreement that is legally enforceable.

4.2. Once Go Promo has received an Order and deposit, cancellations will be considered only if received from the Customer in writing within 2 (two) business days and if no branding has taken place.

4.3. Cancelled Orders will be subject to a 25% (twenty-five percent) handling fee and R350.00 excluding VAT will be charged per layout, if such layout was supplied for artwork approval.

4.4. Orders for branded items, custom-made items or special imports will not be cancelled.

4.5. Go Promo reserves the right to cancel any Order due to circumstances beyond its control, including but not limited to acts of God, civil disturbances, labour disputes, natural disasters, rioting, strikes, war, or any other unforeseen circumstances.

5. BRANDING

5.1. Artwork must be supplied in vector format, or any other format that may be required for specific branding processes. Please see our Artwork Guidelines here.

5.2. Artwork that is supplied in an incompatible format will incur a redrawing fee of R450.00 (four hundred and fifty South African Rands) excluding VAT and redrawing may affect the delivery date.

5.3. Many branding processes may wear off over time. Where permanent branding is required, the Customer must notify Go Promo at the quotation stage, so that we can recommend suitable items and quote accordingly.

5.4. Go Promo provides a free electronic layout, via email or through the online facility, to the Customer for approval of positioning and basic appearance. The layout service includes 2 (two) changes, after which changes will be billed at R350.00 (three hundred and fifty South African Rands) excluding VAT each. A new layout will be sent to the Customer after each requested change.

5.5. The Customer acknowledges and agrees that their delays in providing suitable artwork or approving layouts may affect the delivery date, as may repeated changes to branding layouts, and Go Promo cannot be held responsible for this.

5.6 The Customer acknowledges and agrees that electronic layouts are not an accurate representation of the final colour result and that printing results may vary based on the material or texture of the item, or based on the suitability of the artwork for a particular branding process.

5.7. Where applicable, the Customer must provide accurate Pantone colour references, or CMYK references for digital printing. Colours will be matched as closely as possible to the relevant references, but Go Promo cannot guarantee 100% colour matching or consistency across different materials.

5.8. While Go Promo designers try their best to identify any errors, the Customer remains fully responsible for checking and approving colours, fonts, spelling, grammar, size, positioning, etc.

5.9. If Go Promo does not receive approval from the Customer on the final layout within 5 (five) working days of providing such, the Order will be cancelled and the Customer will be charged a handling fee of 25% (twenty-five percent) of the total order value.

5.10. Branding cancelled on an Order after layouts have been provided to the Customer will be charged at R350.00 (three hundred and fifty South African Rands) excluding VAT per layout.

5.11. Production will commence only once written artwork approval has been received by Go Promo, subject to payment received or any other Terms and Conditions contained herein.

5.12. Additional set-up fees will be levied if the Customer requests branding changes after artwork approval has been received in writing by Go Promo and production set-up has commenced. No changes will be accepted by Go Promo once branding has commenced.

5.13. In the event of rush orders where the Customer is unreachable for final approval, Go Promo will not proceed with branding and will not be liable for any resulting loss or damages.

5.14. Go Promo reserves the right to charge fees for the custom design and development of any product. Payment of these fees does not imply transfer of ownership of any design to the Customer.

6. BRANDING OF ITEMS NOT SUPPLIED BY GO PROMO

6.1. The Customer must supply at least one additional item to the total quantity to be branded, for the purpose of pre-production sampling. A photograph of the sample will be sent to the Customer for final approval. Should the Customer require a physical sample to be sent, the Customer shall bear the cost of carriage.

6.2. Go Promo shall not be held liable for any damage to outside products supplied by the Customer for branding purposes, whether or not this damage results from Go Promo’s branding process.

6.3. Go Promo shall not be held liable for any damage or losses in transit, but will report any breakages and missing items to the Customer as soon as these are discovered.

6.4. Should the Customer supply products that need to be unpacked for branding and repacked, the Customer will be advised of these fees prior to branding production. Should the timeline be urgent and the Customer is not reachable, Go Promo will proceed at its discretion and such fees will be billed to the Customer’s account, for which the Customer will remain liable.

6.5. All other processes and terms apply to this section 6 (Branding of Items not Supplied by Go Promo) as stipulated in the above section 5 (Branding).

7. PAYMENT AND RELEASE OF ORDERS

7.1. All payments made to Go Promo shall be for the full invoice value, free of any deductions, bank charges or commissions.

7.2. Unless previously agreed in writing with an authorised representative of Go Promo, full payment (100 percent) of the invoice value is required on placement of an Order.

7.3. The granting of account facilities is at the sole discretion of Go Promo management and subject to the Customer completing a credit application and returning a satisfactory credit check. Go Promo may grant, amend or withdraw a 7 (seven) to 30 (thirty) day incidental credit facility to the Customer, in writing, at any time.

7.4. Goods will be released for collection or delivery only once the total amount due reflects in Go Promo’s bank account. An official Purchase Order may be accepted at the sole discretion of Go Promo management. Go Promo shall not be responsible for any losses or damages resulting from late delivery due to delays in payment.

7.5. Due to fluctuations in foreign exchange rates, freight costs, import duties and other factors beyond our control, pricing is subject to change without notice. All Orders will be processed at the governing rate at time of dispatch, regardless of whether a quotation has been accepted.

7.6. Electronic Funds Transfer is Go Promo’s preferred payment receipt method. Cash payments will incur a 1.75% (one point seven five percent) handling fee. Credit card payments will incur a 4% (four percent) handling fee. Production on orders paid by cheque will commence once the funds have cleared in the Go Promo bank account.

7.7. The Customer has no right to withhold payment for any reason and agrees that any extension of the payment due date is valid only if reduced to writing by an authorised Go Promo representative.

7.8. Goods remain the property of Go Promo until paid in full. Notwithstanding the freight risk outlined in Section 8.5 below, the risk in and to the goods shall pass from Go Promo to the Customer upon delivery thereof. Any delivery note or waybill, be it a copy or original, signed by the Customer, a representative of the Customer or a third party engaged for delivery, shall be conclusive proof that delivery was made to the Customer.

7.9. Interest on overdue accounts will be charged at a rate of current prime lending rate plus 2% (two percent), along with storage fees where applicable. All discounts shall be forfeited on overdue amounts.

 7.10. Should legal proceedings be required to recover unpaid amounts, the Customer shall be liable for Go Promo’s tracing and collection fees, as well as legal fees, plus interest and storage as applicable.

 COLLECTION AND DELIVERY

8.1. Unless previously agreed, all Orders must be collected within 14 (fourteen) calendar days from confirmation of the Order being complete. Orders not collected within 14 (fourteen) calendar days will incur storage fees for the Client’s account and will be released only once the storage fees have been paid in full.

8.2. Free delivery applies to orders of R1 500.00 and above, excluding VAT. This delivery is via economy road freight (three to five day) service to major centres in South Africa (Bloemfontein, Cape Town, Durban, East London, George, Johannesburg, Port Elizabeth, Pretoria) and excludes freight insurance. If your order exceeds R1 500.00 excluding VAT and you require delivery in less than three to five days, please ask our consultants for a written quotation.

8.3.  Order that do not qualify for free delivery can be collected at our Johannesburg premises or delivered using one of our paid shipping options. Should you wish to add delivery, please ask our consultants for a written quotation. Once payment has been received in full, goods will be dispatched via the selected service.

8.4.  All deliveries carried out by Go Promo and/or it’s carriers exclude freight insurance.  Should you wish to add freight insurance, please ask our consultants for a written quotation. Goods will dispatched once freight insurance, if purchased, is paid in full.

8.5. Go Promo’s shipping policy adheres to Incoterm EXW Ex Works. Therefore, all risk in the goods passes to the client (or freight carrier if insurance is purchased) once the goods leave the doorway of our Randburg premises.

8.6. Delivery transit times are estimated and Go Promo accepts no liability for any loss or damages resulting, whether directly or indirectly, from late delivery, partial delivery or non-delivery, however caused. The Client indemnifies Go Promo and its owners, directors, shareholders and other related parties as such.

8.7. To avoid delays in shipping, upon order the Client shall provide the consignee, delivery address, contact person and valid telephone number. Delivery shall be to the front entrance of the address provided, unless otherwise agreed prior to dispatch. Delivery is not available to PO boxes or other unmanned destinations.

8.8. If delivery is required on or before a specific date, this date must be stipulated on the Client’s Order and accepted in writing by a duly authorised representative of Go Promo. Go Promo shall attempt to deliver the order in full by the stipulated date, but delivery date shall not be considered the fundamental element of the contract and the client shall not be entitled to cancel the agreement of sale should Go Promo fail to deliver on or before the stipulated date. Orders without a stipulated delivery date will be processed on a first come, first served basis, based on when artwork is approved and payment is received in Go Promo’s bank account. Go Promo shall be entitled to make partial deliveries in the quantities and on the dates that it decides at its sole discretion.

8.9. If the carrier needs to re-deliver due to refusal, unavailability, incorrect details, or another reason brought about by the Client’s action or omission, additional delivery costs will be levied on the Client’s account.

8.10. The Client is expected to take reasonable measures to avert or minimise loss or damage, and to ensure the rights against carriers, bailees or other third parties are preserved and exercised properly. This includes, but is not limited to, providing a safe place to unload the goods that are being delivered. The freight carrier shall be deemed as an agent of the Client, regardless of who instructed or paid the carrier.

8.11. Upon receipt of the goods, the Client must indicate on the delivery slip any concerns about damaged external packaging or external packaging that shows signs of tampering. Furthermore, the client must submit, in writing, to the carrier and to Go Promo these concerns within 24 (twenty-four) hours of delivery of the delivery time. For clarification and record-keeping, images representing the concerns should accompany the report. In the absence of such written submission, Go Promo shall deem the goods as having been received and accepted in good order and condition by the Client.

8.12. Upon receipt, the Client must inspect the goods, as well as verify specifications and quantity. If the received goods do not meet with the agreed specifications and/or quantity, the client must inform Go Promo, in writing, within 24 (twenty-four) hours of delivery. Replacement of goods remains entirely at the discretion of Go Promo and goods many not be returned, payment withheld or deliveries refused, unless previously agreed in writing.

8.13. Notwithstanding the passing of risk and delivery, all goods remain the property of Go Promo until such time as the full amount due, based on invoice(s) and/or statement (s), is received in the bank account of Go Promo from the client. Until such time, the client shall not sell, promise, withhold or remove the goods from its premises, unless previously agreed, in writing, with a duly authorised representative of Go Promo. Should any third party attempt to assert rights over the goods, the Client must inform Go Promo immediately, following which Go Promo shall be entitled to take any lawful action to protect its rights, including, but not limited to, cancellation of the sale agreement and repossession of the goods. In the event of such cancellation, the Client shall keep the goods safe until repossession and, if requested by Go Promo, shall return the goods at its cost.

9. RETURNS

9.1. If the Customer wishes to return unbranded items, the Customer must notify Go Promo of such within the legally prescribed cooling-off period of 7 (seven) calendar days. The Customer shall bear the cost of returning to goods to Go Promo and goods must be returned to Go Promo within 2 (two) business days of the written notification of return.

9.2. Goods may not be returned to Go Promo without prior written agreement and will only be accepted for return if they are in their original packaging and condition.

9.3. Returns of non-faulty items are at Go Promo’s discretion and may be subject to a handling fee of up to 25% (twenty-five percent) of the total order value.

9. 4. Go Promo does not accept returns on branded items, custom-made items, special imports or USB flash drives (branded or unbranded). Faulty USB drives should be returned to us for testing, following which units under warranty may be repaired or replaced at our discretion.

9.5. The Customer must notify Go Promo of its intention to return for refund or replacement any incorrect goods or incorrect branding within 2 (two) business days of receiving the order.

9.6. Refunds may take up to 30 days from acceptance. Go Promo reserves the right to replace goods or issue a credit to the Customer’s account in lieu of a monetary refund.

9.7. Refunds of less than R100.00 (one hundred South African Rands) including VAT will be credited to the Customer’s account for use on future Orders.

9.8. Go Promo does not issue monetary refunds to international bank accounts. Should the Customer be based outside of South Africa and has paid via international bank transfer, the refund amount will be credited to the Customer’s account for use on future orders.

10. GENERAL

10.1. The section titles in these Terms and Conditions are solely for reading convenience and have no legal or contractual significance.

10.2. All artworks, designs and trademarks displayed on www.gopromo.co.za and related materials are for illustrative purposes only. They remain the property of their copyright owner and do not imply any endorsement or association.

 10.3. The shape, layout and/or mould of any custom-designed and/or manufactured item remains the intellectual property of The Go Networks Group (Pty) Ltd and may not distributed, replicated or shared with any third party without prior written consent.

Published: February 2019

Last updated: February 2019