1. Scope of the
Terms and Conditions
1.1.
This page (together with the documents expressly referred to on it) tells you
(Customer) information about us (TANDYM (PTY) LTD) and the legal terms and
conditions (Terms) on which TANDYM (PTY) LTD supplies any of the products
(Products) listed on the website Tandym.co.za(Website).
1.2.
These Terms will apply to any contracts between TANDYM (PTY) LTD and Customer
for the sale of Products concluded via the Website (Contract) to the exclusion
of any other terms that Customer seeks to impose or incorporate, or which may
be implied by trade, custom, practice or course of dealing (except where TANDYM
(PTY) LTD has given its prior written consent). Any further correspondence
between TANDYM (PTY) LTD and Customer, will have no impact on the Terms of the
contract.
1.3.
To the extent there is any inconsistency between the provisions of these Terms
and the provisions of any other documents issued by TANDYM (PTY) LTD which are
contained on the Website or otherwise made available to Customer, the
provisions of these Terms shall prevail.
1.4.
Customer should read these Terms carefully and make sure it understands them
before ordering any Products from the Website. Please note that before placing
an order, Customer will be asked to agree to these Terms. Customer should print
a copy of these Terms for future reference.
1.5.
TANDYM (PTY) LTD may amend these Terms from time to time. Every time Customer
wishes to order Products, it should check these Terms to ensure it understands
the terms which will apply at that time. These Terms were most recently updated
in November 2016.
2.
Information about TANDYM (PTY) LTD
2.1.
TANDYM (PTY) LTD operate the Website. TANDYM (PTY) LTD is a company registered
in South Africa under company number 2009/0196690/07 with its registered office
at 1 Park Road, Western Province Park, Epping 7475, South Africa. TANDYM (PTY)
LTD’s main trading address is 1 Park Road, Western Province Park, Epping 7475,
South Africa.
2.2.
To contact TANDYM (PTY) LTD, please refer to the Contactpage .
3.
How the Contract is formed between TANDYM (PTY) LTD and Customer
3.1.
For the steps Customer needs to take to place an order through the Website,
Customer should refer to the Customer
Information page
3.2.
Customers will be required to register to use the Website before placing any
orders. Customer is advised to read TANDYM (PTY) LTD’s Terms
of Useand Privacy
Policy prior
to such registration.
3.3.
TANDYM (PTY) LTD’s order process allows Customer to check and amend any errors
before submitting an order. Customers should take the time to read and check
all orders at each stage of the order process.
3.4.
After Customer places an order, Customer will receive an order confirmation
from TANDYM (PTY) LTD with a summary of the order. However, this does not mean
that the order has been accepted. TANDYM (PTY) LTD’s acceptance of the order
will take place as described in condition 3.5.
3.5.
The Contract between Customer and TANDYM (PTY) LTD shall only be concluded
after the Print-Ready or Approved (by the Customer) Artwork (defined in
condition 5.1 below) has been transmitted by Customer and TANDYM (PTY) LTD has
sent a separate order confirmation via e-mail (Acceptance of Order). TANDYM
(PTY) LTD will send the Confirmation via e-mail within five days after
receiving the Artwork.
3.6.
The application of the UN Sales Convention on the International Sale of Goods (CISG)
shall not apply to the Contract.
4.
Status of Customer
4.1.
For the purposes of these Terms, Customer shall be deemed to be purchasing as a
business if it enters into the Contract,and/or it is purchasing Products which
are not of a type ordinarily supplied for private use or consumption.
4.2.
If Customer is purchasing as a consumer:
4.2.1.
Customer may only purchase Products from the Website if Customer is at least 18
years old; and
4.2.2.
Customer has legal rights in relation to any Products that are faulty or not as
described. Customer can obtain advice about their legal rights from the Western
Cape Office of the Consumer Protector. Nothing in these Terms will affect these
legal rights
4.3.
If Customer is purchasing as a business:
4.3.1.
Customer confirms it has the authority to enter into binding agreements with
companies such as TANDYM (PTY) Ltd.; and
4.3.2.
Customer acknowledges and agrees that these Terms and any document expressly
referred to in them constitute the entire agreement between TANDYM (PTY) LTD
and Customer. Customer acknowledges that it has not relied on any statement,
promise or representation made or given by or on behalf of TANDYM (PTY) LTD
which is not set out in these Terms or any document expressly referred to in them.
5.
Content of the Order and Proof Requirements
5.1.
TANDYM (PTY) LTD completes all orders solely on the basis of print data and
information (Artwork) submitted by Customer. Customer must ensure it has read
and understood its responsibilities contained in these Terms and which are set
out in more detail on the Customer
Information page
and Artwork guide.
5.2.
Customer must check the Artwork carefully against the Format Requirements
before submitting to TANDYM (PTY) LTD. TANDYM (PTY) LTD will not review any
Artwork for compliance with the Format Requirements or otherwise for any
typographical errors.
5.3.
When TANDYM (PTY) LTD has received the Artwork from Customer, TANDYM (PTY) LTD
will perform a ‘Standard Artwork Check’ on every order submitted by Customer.
The extent to which TANDYM (PTY) LTD checks the Artwork is detailed on
the Customer Information page.
5.4.
TANDYM (PTY) LTD will provide proofs of the Product. The first two proofs will
be at no extra cost, but from the third proof onwards, a fee of R50 per proof
will be charged.
5.5.Where
TANDYM (PTY) LTD has produced a proof for Customer, Customer acknowledges and
accepts that such proof is merely illustrative of the final product to be
produced by TANDYM (PTY) LTD and TANDYM (PTY) LTD shall have no liability to
Customer for slight variations in the final Product from the proof supplied.
5.6.Where
TANDYM (PTY) LTD has produced a proof for Customer pursuant to performing a
Superior Artwork Check or Proof on the Artwork, Customer acknowledges and
accepts that such proof is merely illustrative of the final product to be
produced by TANDYM (PTY) LTD and TANDYM (PTY) LTD shall have no liability to
Customer for slight variations in the final Product from the proof supplied.
5.7.
If, when TANDYM (PTY) LTD performs either the Standard Artwork Check TANDYM
(PTY) LTD discovers that the Artwork supplied by Customer is defective or does
not comply with the Format Requirements, TANDYM (PTY) LTD will notify Customer
and request Customer provides corrected Artwork.
5.8.
In the event that Customer notifies TANDYM (PTY) LTD that it wishes to proceed
with the order without correcting any defects in the Artwork, or amending such
Artwork so it complies with the Format Requirements, Customer does so at its
own risk.
5.9.
If additional costs arise due to the inaccuracy of the Artwork, these will be
borne by the Customer.
5.10.
Where Customer has not submitted Artwork in CMYK mode in accordance with the
Format Requirements, TANDYM (PTY) LTD shall be entitled to convert the Artwork
to ensure it complies with the Format Requirements. In these circumstances, the
liability for any resulting colour deviations lies solely with the Customer. By
transmitting the Artwork in any other mode than the specified CMYK mode, the
Customer acknowledges and agrees that the conversion is carried out at
Customer’s own risk.
5.11.
For the avoidance of doubt, TANDYM (PTY) LTD will not accept any responsibility
or liability for any colour variations, irregularities or other defects
whatsoever of the Products ordered by Customer which are caused as a result of
Artwork not complying with the Format Requirements, including (but not limited
to) graphics and images, colours and colour mode, cut, fonts and lines.
5.12.
TANDYM (PTY) LTD reserves the right to refuse any orders and/or terminate any
Contracts where the transmitted Artwork contains defamatory, pornographic,
fascist, radical content or any other material which is obscene, offensive,
hateful or inflammatory.
5.13.
After the Contract is formed, Customer shall only be entitled to make changes
to the order provided Customer remains liable for any additional costs incurred
by TANDYM (PTY) LTD in making such changes.
6.
Rights of revocation and exclusions to revocation in consumer contracts
6.1.
Right of revocation for delivery of goods (single or multiple orders) not
manufactured according to customer specifications and delivered in one (or
more) consignments.
Revocation
policy
You
have the right to revoke this contract within 14 days without giving reasons.
The
revocation period shall be 14 days from the day on which you or a third party
nominated by you who is not the carrier took possession of the goods.
To
exercise your right of revocation, you must inform us
TANDYM
(PTY) Ltd,
P.O.BOX
775 Eppindust
7475,
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 (PTY) LTD, P.O.BOX 775, Eppindust 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 TANDYM (PTY) LTD 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 TANDYM
(PTY) LTD send to Customer should be in permanent form and for this purpose,
TANDYM (PTY) LTD 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 TANDYM (PTY) LTD 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 TANDYM (PTY) LTD.
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
TANDYM (PTY) LTD 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 TANDYM (PTY) LTD to Customer, or by
Customer to TANDYM (PTY) LTD 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.
TANDYM (PTY) LTD 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 TANDYM (PTY) LTD 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 TANDYM (PTY) LTD 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 TANDYM (PTY) LTD’s best efforts, some of the Products on the Website
may be incorrectly priced. If TANDYM (PTY) LTD discover an error in the price
of the Products Customer has ordered, TANDYM (PTY) LTD will inform Customer of
this error and TANDYM (PTY) LTD will give Customer the option of continuing to
purchase the Product at the correct price or cancelling the order. TANDYM (PTY)
LTD will not process Customer’s order until it has received Customer’s
instructions. If TANDYM (PTY) LTD is unable to contact Customer using the
contact details Customer provided during the order process, TANDYM (PTY) LTD
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, TANDYM (PTY) LTD 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 TANDYM (PTY) LTD either by
e-mail or through the Website, this does not constitute an offer by TANDYM
(PTY) LTD 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 TANDYM (PTY) LTD) 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, TANDYM (PTY) LTD 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 TANDYM (PTY) LTD immediately following
receipt of the Order Confirmation and confirm the reasons for this. TANDYM
(PTY) LTD will investigate such claim and if it considers (acting reasonably)
that such Product should be zero rated for VAT purposes, TANDYM (PTY) LTD shall
reimburse Customer for any overpayment made in respect of VAT.
9.3.
Customers who are registered for VAT purposes must provide to TANDYM (PTY) LTD
a valid VAT registration number at the time of placing an order. TANDYM (PTY)
LTD is entitled to retain such information and apply this VAT registration
number to any subsequent orders until TANDYM (PTY) LTD is notified by Customer
in writing that the VAT registration number is no longer valid.
10.
Payment
10.1.
TANDYM (PTY) Ltd uses external payment service provider, PAYU 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 TANDYM
(PTY) LTD 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
TANDYM (PTY) LTD in writing.
10.3.
TANDYM (PTY) LTD 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 TANDYM (PTY) LTD and request TANDYM (PTY) LTD reimburse
such sum. Subject to confirmation by TANDYM (PTY) LTD that it has received such
overpayment, TANDYM (PTY) LTD shall reimburse the sum to Customer. Where the repayment
of any such sum by TANDYM (PTY) LTD is subject to an additional charge, TANDYM
(PTY) LTD 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 TANDYM (PTY) LTD 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, TANDYM (PTY) LTD
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 TANDYM (PTY) LTD has completed the
production of the Products.
11.3.
TANDYM (PTY) LTD 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, TANDYM (PTY) Ltd will
refund 100% of the cost of the order, in cash, 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.
TANDYM (PTY) LTD will advise Customer of the estimated date when the production
of the Products shall be completed.
11.5.
TANDYM (PTY) LTD 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. TANDYM (PTY) LTD guarantees delivery
within 7 days of production commencing (remote areas excluded).
11.6.
Delivery will be completed when TANDYM (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 TANDYM (PTY) LTD
delivers the Products to Customer’s nominated carrier.
11.7.
If Customer is not available at the delivery address, TANDYM (PTY) LTD’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 TANDYM (PTY) LTD 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 5pm.
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, TANDYM (PTY) LTD 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 TANDYM (PTY) LTD, The Carrier or Customer's failure to provide
TANDYM (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 TANDYM (PTY) LTD or The Carrier
12.1.
TANDYM (PTY) LTD 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 TANDYM (PTY) LTD or
The Carrier. An Event Outside the Control of TANDYM (PTY) LTD or The Carrier is
defined below in condition 12.2.
12.2.
An Event Outside the Control of TANDYM (PTY) LTD or The Carrier means any act
or event beyond TANDYM (PTY) LTD 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 TANDYM (PTY) LTD or The Carrier takes place
that affects the performance of TANDYM (PTY) LTD or The Carrier’s obligations
under a Contract:
12.3.1.
TANDYM will notify Customer as soon as reasonably possible; and
12.3.2.
TANDYM (PTY) LTD’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 TANDYM (PTY) LTD.
12.4.
If the Event Outside the Control of TANDYM (PTY) LTD 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 TANDYM
(PTY) LTD immediately and, in any event, no later than 14 days following
delivery of the Products. Subject to Customer giving TANDYM (PTY) LTD a
reasonable opportunity of examining such Products and Customer (if asked to do
so by TANDYM (PTY) LTD) returning such Products to TANDYM (PTY) LTD at TANDYM
(PTY) LTD’s cost, TANDYM (PTY) LTD will provide a full refund of the price paid
by Customer including return postage and packing
13.2.If
Customer returns any Products to TANDYM (PTY) LTD and TANDYM (PTY) LTD can
prove they were not damaged or defective when Customer received them, or are
not misdescribed, TANDYM (PTY) LTD 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, TANDYM (PTY) LTD 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 TANDYM (PTY) LTD.
14.
Liability
TANDYM’s
liability if Customer is purchasing as a consumer
14.1.
. If TANDYM (PTY) LTD fails to comply with these Terms, TANDYM (PTY) LTD is
responsible for any loss or damage suffered by Customer that is a foreseeable
result of TANDYM (PTY) LTD’s breach of the Terms or TANDYM (PTY) LTD’s
negligence. Loss or damage will be foreseeable if they are an obvious
consequence of TANDYM (PTY) LTD’s breach or if they were contemplated by
Customer and TANDYM (PTY) LTD at the time the Contract was entered into.
14.2.
TANDYM (PTY) LTD 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.
TANDYM
(PTY) LTD’s liability if Customer is purchasing as a business
14.3.
Nothing in these Terms limit or exclude TANDYM (PTY) LTD’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, TANDYM (PTY) LTD 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, TANDYM (PTY) LTD’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 100% of the price of the Products.
15.
Communications between TANDYM (PTY) LTD 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 TANDYM (PTY) LTD in accordance with
condition 6.3..
15.2.2.
. If Customer wishes to contact TANDYM (PTY) LTD in writing for any other
reason, Customer can send this to TANDYM (PTY) LTD by e-mail [online@Tandym.co.za] or by pre-paid post
to TANDYM (PTY) LTD, P.O.BOX 50398, V&A Waterfront, Cape Town, 8002, South
Africa. Customer can always contact TANDYM (PTY) LTD using the Customer
Services telephone line.
15.2.3.
If TANDYM (PTY) LTD have to contact Customer or give Customer notice in
writing, TANDYM (PTY) LTD 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 TANDYM
(PTY) LTD, or by TANDYM (PTY) LTD 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.
TANDYM (PTY) LTD processes personal data in accordance with its Privacy
Policy.
16.2.
Before sending an Order Confirmation, TANDYM (PTY) LTD 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.TANDYM
(PTY) LTD processes personal data in accordance with its Privacy
Policy.
17.2.
TANDYM (PTY) LTD 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 TANDYM (PTY) LTD
provides, but Customer may stop receiving these communications at any time by
contacting TANDYM (PTY) LTD or by clicking an unsubscribe button.
17.3.
Save as set out in condition 17.4 below, TANDYM (PTY) LTD does not pass any
personal data to any other third party.
17.4.
TANDYM (PTY) LTD 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
TANDYM
(PTY) LTD shall not archive Products belonging to Customer (including in
particular data and media) without prior written agreement and upon such
payment terms as TANDYM (PTY) LTD shall in its sole discretion determine.
Customer shall be responsible for insuring such archived Products.
19.
Trade marks / Copyright
The
Customer shall indemnify TANDYM (PTY) LTD against any and all claims,
liability, costs losses, damages and expenses arising out of the use by TANDYM
(PTY) LTD of the materials provided to TANDYM (PTY) LTD by Customer including
(without limitation) the Artwork
20.
Other important terms
20.1.
. TANDYM (PTY) LTD may transfer its rights and obligations under a Contract to
another organisation, but this will not affect Customer’s rights or TANDYM (PTY)
LTD‘s obligations under these Terms.
20.2.
Customer may only transfer its rights or obligations under these Terms to
another person if TANDYM (PTY) LTD 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
TANDYM (PTY) LTD’s consent.
20.3.The
Contract is between TANDYM (PTY) LTD 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 TANDYM (PTY) LTD’s
warranty, but TANDYM (PTY) LTD 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 TANDYM (PTY) LTD (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 TANDYM (PTY) LTD has waived its rights against Customer or that
Customer does not have to comply with those obligations. If TANDYM (PTY) LTD
does waive a default by Customer, TANDYM (PTY) LTD will only do so in writing,
and this will not mean that TANDYM (PTY) LTD 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 TANDYM (PTY) LTD 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 TANDYM (PTY) LTD both agree to the exclusive jurisdiction of the
courts of South Africa.
Date
of documentation: July 2020
