Terms and Conditions

TERMS AND CONDITIONS OF PURCHASE.

Returns | Cancelations | Exchanges

 

Artwork Terms & Conditions:

Our fees are inclusive of basic artwork creation, layout or both, but as with all good offers, there are some terms and conditions.

– Limitations to revisions.
We require all relevant details and a short overview before we undertake artwork creation. We will endeavour to create exactly what is required based on your brief. However, changes are often required and should be given as one set of instructions via email only. We will provide 2 revisions based on the original scope of work, free of charge. Should more revisions and changes be required, we reserve the right to bill for this additional work undertaken, whereupon you will be notified prior to us doing, and what applicable fees would be involved.

– Stock Images
The free artwork service does not cover the purchasing of any “stock images” (specific images that require purchasing through a third-party provider) that we can’t supply through our premium content library. By default, we will endeavour to find suitable images, graphics or fonts through this library which grants us the necessary rights to use. Generally speaking our library has something for everyone. But should your design call for an specific image, you will be provided with low resolution, watermarked images and a cost value for the required image(s). Should you opt to purchase the image(s), the ownership of the image will transfer to yourself upon successful completion of the job. This ownership transfer does not include the rest of the artwork, layout or both. Stock images obtained “by default” through our premium content library remains the property of Zimplified Media Group (pty) ltd d.b.a Magnetz.co.za

– Artwork copyright
Any artwork created for you through our free artwork offer strictly remain under the full ownership of Zimplified Media Group (Pty) Ltd and it’s associative brands, including Magnetz.co.za. The artwork is created for the sole use on our designed and manufactured car magnets, or any other items we might sell or provide you with through our online store, Magnetz.co.za, free or charged for. You are not allowed to re-use the provided proofs, comps etc in any form of print, online or social media without the express permission of Zimplified Media Group (Pty) Ltd. Should you wish to purchase any artwork created for use outside of Zimplified Media Group (Pty) Ltd, contact us via email and request an “Copyright Ownership” purchase. We reserve the right to use artwork created for you through the free offer in our advertising material and product portfolio.

The “Free basic artwork” service is can only be used by any future purchases through any of the Zimplified Media Group’s associated companies. The artwork, special tag line, pay off lines, slogan, special emblems, icons, sales and marketing text, general text, advertising plans etc., conceptualised, designed and produced remain the sole intellectual property of Zimplified Media Group (Pty) Ltd and it’s associated brands.

Any purchasing of any of Zimplified Media Group (Pty) Ltd intellectual property, including stock images, can be requested, and a rate for the purchase will be provided and will be calculated on the perceived value of the intellectual property, and not necessarily the cost of time involved with creating the required intellectual property.

You confirm that ANY INFORMATION, including images and text, is rightfully your property, or that you retain the required permission to reuse or reproduce the provided information. You understand that we are strictly not responsible for any trade-law violation or copyright infringement through the use of your supplied materials.

We strictly do not use images sourced through portals such as Google image search etc. Only Creative Commons materials with the correct usage rights, and our private “premium content library” are acceptable libraries.

Product Guarantee and Returns:

We take pride in the products that we produce, and we believe that this pride will be reflected in the final product you receive. However, we’re human and sometimes things can be missed. YOUR PRINTED MATERIAL WAS CUSTOM MADE-TO-ORDER FOR YOUR USE AND PURPOSE, AND AS SUCH, IS STRICTLY NOT RETURNABLE, REFUNDABLE OR EXCHANGEABLE. Should we make a mistake and send a product out that does not meet your expectation we will certainly refund it if it’s found that we’ve made a mistake. Some obvious restrictions apply, so we can’t process a refund under the following conditions:

  • The mistake relates to incorrect artwork that was approved by yourself. Note that ONLY the final approval sheet will be eligible for review. Any prior changes requested that might not have been carried through the approval process will have to be re-check and approved on the final proof sheet.
  • The banner was ordered without any specific deadlines for use. Standard production and courier lead-times (varies between products, order size and courier requirements) will take precedence if no explicit lead-times are indicated in writing on the order. We are not privileged to you calendar and ask that you please be explicit about your deadlines, including time of requested use.
  • Minor scuff and abrasion marks as a result of post processing including stitching, welding, eyeleting, pocket welding etc. We take the utmost care with post-processing of our banner products, but unfortunately due to the nature and limitation to some of these processes and shipping methods, minor scuff and abrasion marks can occur. We will gladly review these imperfections. If the item is for Point of Sale or close viewing we will be more critical about blemishes, where-as building banners will by subject to far more relaxed limitations on blemishes due to final viewing distances involved. In short, we will make sure that marks, if any, do not detract from the final product’s look.
  • Product was to large to courier in our preferred method of being rolled, and instead had to be folded. These banner will arrive with fold marks, and if not carefully unpacked can be scuffed. Remember, once flighted correctly these fold marks will vanish, and scuff marks from the folds will not be visible at the intended viewing distance.
  • Your use for the product has been cancelled.
  • Incorrect sizing provided by yourself.
  • Torn, ripped or otherwise damaged banners due to incorrect flighting methods.

We will gladly replace the product where we have made the following errors:

  • Wrong size
  • Wrong material
  • Wrong artwork produced, differing from approved artwork
  • Wrong hardware
  • Wrong quantity
  • Missed deadline, where the deadline was provided in writing and confirmed by ourselves.

Acceptance of Goods:

It is very important that you review the quantity and the correctness of the ordered stock upon receiving it, before signing acceptance of the stock. Your, or your proxy’s signature, confirms that all stock quantity and kind is correct. No refunds or exchanges will be entered into once stock quantity and kind has been confirmed by the acceptance of the order via our appointed courier.

Email Correspondence, remarks, online review and ratings

  • We utilise email to communicate with you to process the order. You hereby consent to receiving order related emails from us.
  • Upon a successful order, we might on occassion send you a reminder to review our service. This is a voluntary choice for you to complete.
  • We reserve the right to display this review on our website, but will not include any personal information. You are welcome to request a take-down of any published review by simply emailing us on shop@magnetz.co.za
  • With your permission, we will link to your social media, website or email address to assist in business directed to you.

Shipping / Courier obligation / Delays.

  • Refusal to Ship
    We ship nationwide via a varied suit of courier and transport companies. We reserve the right to deny shipping to an area that is deemed unsafe, or financially unviable. In cases of “refusal to ship”, we will afford you the opportunity to arrange your own courier to collect from our office at a pre-determined date and time. The flat-rate and/or free shipping fee or service applicable with our service at the time of billing will then be refunded in full, within 7 working days. Should this arrangement be undesirable for you, we will refund your order in full in 7 working days.
  • Courier Delays
    Unfortunately courier delays do happen, thankfully very infrequently. Note that we are not responsible for the shipping process and any delays that could occur while being shipped/couriered/transported. We will not entertain any refunds due to delays, late arrivals or missing stock due to courier error. Should you wish to insure your order prior to dispatch, you need to do so via email, stating your order number, and the value for which you need your order insured for – limited by the rules and laws applicable by the courier. We reserve the right to request payment for the requested insurance prior to dispatch your order. Prior to dispatch you will then receive electronically: A) Photographic proof of products. B)A “Release to Courier” email, which will outline relevant shipping details, the option to choose insurance, and a liability release. This service is separate to our standard procedure and term, and must be requested via email.

We are the owner of and this is our website. These are our legal terms, including our:

  • Terms of use – which you agree to by visiting this website;
  • Terms of sale – which you agree to by checking a check box when you place an order through this website; and
  • Privacy policy – which you agree to by checking a check box when you submit your personal information through this website and apply when you visit this website.

We may change any of these terms at any time by updating this web page. Errors and Omissions Expected throughout this Website. If you have any questions about our legal terms, please contact us.

Further Terms of use

  1. Licence. We grant you a limited licence to use this website.
  2. Breach. We may cancel your licence if you breach any of these terms.
  3. Framing. You may not frame this website.
  4. Capacity. You agree to these terms on the basis that you have the capacity to visit this website.
  5. Accurate information. You promise that you will give this website only accurate information.
  6. Ownership. We or our third party licensors own all rights in this website.
  7. Trade marks. All our trade marks are our property and you may not use them without our permission. All other trade marks are their respective owners’ property.
  8. Restrictions. You may not change, hire out, reverse engineer, or copy this website without our permission.
  9. Own risk. You use this website at your own risk and we make no warranties about it.
  10. Indemnity. You indemnify us against any liability related to your use of this website.
  11. Direct damages limited. Our maximum liability to you for all claims for direct damages related to this website is R100.
  12. Indirect damages. We will never be responsible for any indirect damages.

Terms of sale

  1. Introduction. These terms cover any transactions where we provide goods to you through this website.
  2. The parties. We are the vendor under these terms. You are the customer under these terms.
  3. Duration. These terms commence when you accept them and continue until terminated.
  4. Orders. You place orders with us on the following basis:
    • you promise that you have the legal capacity to enter into the transaction;
    • we only conclude an agreement when we dispatch our goods to you;
    • we may cancel any order, but we will refund any money you have paid if we do;
    • we conclude an agreement where you are domiciled; and
    • each order is a separate agreement, but you breach all of them if you breach one.
  5. Goods. We sell the goods to you on the following basis:
    • you will bear the cost and we will choose the way of packaging and delivering the goods unless agreed otherwise;
    • we will do our best to dispatch the goods as soon as possible after you have placed an order, but we are not liable and you may not cancel an order if we do not do so timeously;
    • risks related to the goods pass to you on delivery;
    • ownership in the goods passes to you on payment of the fees in full; and
    • you have the same rights against us as we have against our suppliers in terms of any warranty attached to the goods or imposed by law.
  6. Your data. You own all your data. When you enter your data into the system, you give us a licence to use it to provide the goods. We are not responsible for any of your data stored on our system.
  7. Intellectual property. We may own intellectual property rights in our goods and you may not use those rights without our permission. We may prosecute you for any violations of our proprietary rights.
  8. Disclaimer. We disclaim all warranties to the extent allowed by applicable law. We are not liable for any defect that you cause.
  9. Fees and payment. You will pay us the fees on the due date. You may not withhold payment of any amount due to us for any reason.
  10. Direct damages limited. We are only liable to you for any direct damages that the goods may cause up to the total amount of fees that you have paid us for them.
  11. Indirect damages excluded. We are not liable for any other losses that the goods may cause you.
  12. Breach. Please don’t breach your obligations under this agreement. If you do, we have certain rights against you in terms of the law.
  13. Termination. We may need to terminate this agreement immediately under certain unlikely circumstances, including if we discontinue the goods, believe providing the goods could burden or pose a risk to us, have to terminate to comply with a law, or providing the goods has become impractical. If we need to terminate, we will give you as much notice as possible in writing.
  14. Resolving disputes. We want to avoid disputes about this agreement and resolve them as quickly as possible. But if there is one, either party may inform the other of it in writing. The parties must first try to negotiate to end the dispute, then enter into mediation if negotiation fails, and finally go to arbitration if mediation fails.
  15. Notices and domicile. We want to communicate with you effectively about this agreement. For this reason, the parties will send all notices to each others’ email addresses and choose their respective street addresses as their service addresses for all legal documents. The parties may change either address on 14 calendar days written notice to the other.
  16. Force majeure. Things may happen that prevent you or us from complying with each of our obligations under this agreement. Neither party is responsible for breach of this agreement caused by circumstances beyond its control, but the other party may cancel the agreement on written notice to the other if the circumstances persist for more than 60 calendar days.
  17. Entire agreement. The agreement is the entire agreement between the parties on the subject.
  18. Changes. If we change this agreement by updating this web page, any changes will only apply to future orders.
  19. Governing law. South African law governs this agreement.
  20. Jurisdiction. You consent to the jurisdiction of the Magistrate’s Court.

Privacy policy

  1. Purpose. This policy describes the way we handle your personal information.
  2. Personal information. Personal information includes information we collect:
    • on submission when you place an order; and
    • automatically when you visit this website.
  3. Acceptance. You may not order any of our goods if you do not accept this policy.
  4. Collected on submission. We collect your contact details and delivery address when you place an order.
  5. Collected automatically. We collect your Internet usage information when you visit this website.
  6. Purpose for collection. We may use any of your personal information that you provide to us for the purposes that you indicated when you agreed to provide it to us.
  7. Consent to collection. We will get your consent to collect your personal information in accordance with applicable law when you provide us with it.
  8. Use. We may use your personal information to fulfil our obligations to you.
  9. Sharing. We may share your personal information with third parties for the purposes of fulfilling our obligations to you.
  10. Disclosure. We may disclose personal information to third parties if required for legal reasons.
  11. Security. Our website is hosted on a secure server and uses security measures to prevent interference by intruders.
  12. Retention. We will only retain your personal information for as long as is necessary.
  13. Transfer. We may transfer your personal information outside South Africa to a foreign country.
  14. Updating or removing. You may choose to update or remove the personal information you have submitted to us by contacting us.