Terms & Conditions
Please take a moment to read these general terms and conditions
If you have any questions regarding these General Terms please contact us.
If you have any questions regarding these General Terms please contact us.
Introduction and Agreement
This website www.brandingspace.co.za is owned by Colour Space Design Photography and Print (Pty) Ltd ("the Company" / “us” / “we”).
Colour Space Store means Colour Space Design Photography and Print (Pty) Ltd (Registration number: 2014/119963/07), PTY with limited liability duly incorporated in the Republic of South Africa.
The Site incorporates Colour Space Design Photography and Print (Pty) Ltd's Online Site and, except where the context otherwise indicates, references to "the Site" include the Colour Space Store.
The Site promotes the sale of the Company’s products as well as other products (collectively "the Products").
By shopping or browsing on this Site, you:
This website www.brandingspace.co.za is owned by Colour Space Design Photography and Print (Pty) Ltd ("the Company" / “us” / “we”).
Colour Space Store means Colour Space Design Photography and Print (Pty) Ltd (Registration number: 2014/119963/07), PTY with limited liability duly incorporated in the Republic of South Africa.
The Site incorporates Colour Space Design Photography and Print (Pty) Ltd's Online Site and, except where the context otherwise indicates, references to "the Site" include the Colour Space Store.
The Site promotes the sale of the Company’s products as well as other products (collectively "the Products").
By shopping or browsing on this Site, you:
- Warrant that you have read and understood these terms & conditions as well as the policies displayed on this Site and;
- Agree to be bound by these Terms & Conditions as well as the policies (collectively “the Agreement”).
Amended or Updated Terms
We may periodically update or change the General Terms, without notice.
You should check them from time to time as your continued use of our Services will mean you accept any updated or revised General Terms.
You should check them from time to time as your continued use of our Services will mean you accept any updated or revised General Terms.
Law and Arbitration
These General Terms are governed by the laws of the Republic of South Africa.
Any dispute arising in relation to these General Terms shall, to the extent permitted by law
be referred to arbitration in Cape Town at a venue of our choice applying the Uniform Rules of the High Court of South Africa.
Any dispute arising in relation to these General Terms shall, to the extent permitted by law
be referred to arbitration in Cape Town at a venue of our choice applying the Uniform Rules of the High Court of South Africa.
Quotations
1. Colour Space shall provide the Client with a quotation for services and/or products required by the Client,
of which shall be valid for the period as indicated on the quotation or, in the absence of such period being stipulated,
for a period of 7 (seven) calendar days.
2. Quotations are subject to the availability of products and/or services and are subject to any increases in price or costs,
including currency fluctuations, which may occur before the order is accepted by the Client.
3. Quotations are subject to stock availability at the time of confirmation of the order by the Client,
whether by way of paying the deposit or by purchase order.
of which shall be valid for the period as indicated on the quotation or, in the absence of such period being stipulated,
for a period of 7 (seven) calendar days.
2. Quotations are subject to the availability of products and/or services and are subject to any increases in price or costs,
including currency fluctuations, which may occur before the order is accepted by the Client.
3. Quotations are subject to stock availability at the time of confirmation of the order by the Client,
whether by way of paying the deposit or by purchase order.
Product Pricing and Availability
The Products displayed on this Site are subject to availability and can be changed at any time. The Company reserves the right, without prior notice,
to discontinue or change pricing or specifications on Products and services offered on this Site without incurring any liability whatsoever.
to discontinue or change pricing or specifications on Products and services offered on this Site without incurring any liability whatsoever.
Samples
The Customer is solely responsible for determining that the goods purchased are suitable for the purposes they intend to use it for.
For this reason, we strongly recommend that the Customer views or purchases samples.
1. Samples can be purchased through your Account Manager and either collected from one of our showrooms or delivered to your premises.
This is subject to our standard terms and conditions as laid out in this document.
2. Arrangement can also be made to view samples in one of our showrooms and this arrangement needs to be made with your account manager.
3. All sample orders need to be paid for and collected within 5 working days of invoice and if not paid and collected within this time, they will be cancelled.
4. Samples with a value of less than R50 excl VAT cannot be returned for a refund.
5. Samples over R50 excl VAT must be returned within 5 working days from date of purchase for a credit or a refund.
6. Return of samples is subject to the following in order for a refund to be processed –
of the type and quality of branded products available. They are not intended to represent that the products are either
endorsed by or produced for the owners of the artwork, design or trademark.
For this reason, we strongly recommend that the Customer views or purchases samples.
1. Samples can be purchased through your Account Manager and either collected from one of our showrooms or delivered to your premises.
This is subject to our standard terms and conditions as laid out in this document.
2. Arrangement can also be made to view samples in one of our showrooms and this arrangement needs to be made with your account manager.
3. All sample orders need to be paid for and collected within 5 working days of invoice and if not paid and collected within this time, they will be cancelled.
4. Samples with a value of less than R50 excl VAT cannot be returned for a refund.
5. Samples over R50 excl VAT must be returned within 5 working days from date of purchase for a credit or a refund.
6. Return of samples is subject to the following in order for a refund to be processed –
- Samples must be returned in original condition as well as original undamaged packaging.
- The original invoice relevant to the samples needs to accompany the returned goods
- before a credit note will be issued and a refund effected.
- Damage to any part of samples or packaging will result in samples not being accepted for return.
- We do not take back returns of memory stick samples unless they are dummy samples.
- We do not take back returns of hamper samples.
of the type and quality of branded products available. They are not intended to represent that the products are either
endorsed by or produced for the owners of the artwork, design or trademark.
Ordering
The Client is to place orders with Colour Space in writing by.
Orders shall only be regarded as accepted upon written confirmation thereof by Colour Space.
Payment of the deposit by the Client does not constitute acceptance of orders.
Colour Space will execute the Client’s order/s once the deposit is paid by the Client, written confirmation of
the order has been provided to the Client by Colour Space and the supplier has confirmed that the stock to be ordered is available.
A deposit equal to 50% (fifty per centum) of the quoted amount, or if the quoted price fluctuated in the time between the quotation
and the order, 50% (fifty per centum) of the adjusted amount, is to be paid by the Client.
Quotations are subject to stock availability at the time of confirmation of the order.
As stock changes occur on a daily basis, stock availability cannot be guaranteed by Colour Space until the deposit has been paid,
the confirmation of order has been signed and the stock availability has subsequently been confirmed by the supplier.
Colour Space is entitled to refuse any order placed by the Client.
The Client acknowledges that it is the Client’s sole responsibility to determine and ensure that the products
ordered are correct and suitable to its intended purpose.
Colour Space will not be liable, in any manner of form, for incorrect product selection by the Client.
Lead times for orders will be deemed to commence on the date and time that Colour Space received all signed off approvals
of the artwork and payment of the funds have cleared in Colour Space's bank account.
Orders shall only be regarded as accepted upon written confirmation thereof by Colour Space.
Payment of the deposit by the Client does not constitute acceptance of orders.
Colour Space will execute the Client’s order/s once the deposit is paid by the Client, written confirmation of
the order has been provided to the Client by Colour Space and the supplier has confirmed that the stock to be ordered is available.
A deposit equal to 50% (fifty per centum) of the quoted amount, or if the quoted price fluctuated in the time between the quotation
and the order, 50% (fifty per centum) of the adjusted amount, is to be paid by the Client.
Quotations are subject to stock availability at the time of confirmation of the order.
As stock changes occur on a daily basis, stock availability cannot be guaranteed by Colour Space until the deposit has been paid,
the confirmation of order has been signed and the stock availability has subsequently been confirmed by the supplier.
Colour Space is entitled to refuse any order placed by the Client.
The Client acknowledges that it is the Client’s sole responsibility to determine and ensure that the products
ordered are correct and suitable to its intended purpose.
Colour Space will not be liable, in any manner of form, for incorrect product selection by the Client.
Lead times for orders will be deemed to commence on the date and time that Colour Space received all signed off approvals
of the artwork and payment of the funds have cleared in Colour Space's bank account.
Colours
We have made every effort to display as accurately as possible the colours of the products that appear on the site.
As the actual colours you see will depend on your computer’s monitor we cannot guarantee,
however, that your monitor's display of any colour will be accurate.
As the actual colours you see will depend on your computer’s monitor we cannot guarantee,
however, that your monitor's display of any colour will be accurate.
Artwork
Colour Space will provide the Client with an artwork approval via e-mail or another electronic format.
The artwork will illustrate the appearance of the Client’s logo or other image,
as provided to Colour Space by the Client, on the chosen product.
The Client needs to sign off the artwork and no further services will be rendered by Colour Space
until Colour Space is in receipt of the duly completed signed off artwork approval.
The Client is to specifically indicate, in writing, whether permanent branding is required.
The delivery date may be affected if changes to the artwork are requested by the Client as the changes
require a new layout which will need approval and sign off by the Client again.
Colour Space shall not be responsible or liable for delays in delivery caused by artwork changes.
Any changes requested and made subsequent to approval of the artwork and subsequent to
plates/screens being made shall incur additional costs for the Client.
Printing colours will be matched as close as possible to Pantone colours or swatches supplied.
We do not guarantee 100% colour match. We cannot guarantee 100% colour consistency on different materials.
The Client is to approve the artwork within 7 (seven) calendar days from the final artwork layout being
sent to the Client, failing which the stock will be returned to the warehouse and a cancellation fee
equal to 25% (twenty-five per centum) of the total value of the order shall be charged.
No artwork approvals will be accepted telephonically.
The Client is to partake in the process of reviewing and checking the artwork for spelling mistakes
and errors relating to e.g. item colours, sizing, image colour and image locations and is to do so
before signing off and approving the artwork/order.
Colour Space shall not be responsible or liable for erroneous interpretations of the artwork/order, typographical
errors overlooke and later approved by the Client and/or any damages suffered by the Client as a result of
the erroneous artwork/order being printed as accepted and approved by the Client.
The artwork will illustrate the appearance of the Client’s logo or other image,
as provided to Colour Space by the Client, on the chosen product.
The Client needs to sign off the artwork and no further services will be rendered by Colour Space
until Colour Space is in receipt of the duly completed signed off artwork approval.
The Client is to specifically indicate, in writing, whether permanent branding is required.
The delivery date may be affected if changes to the artwork are requested by the Client as the changes
require a new layout which will need approval and sign off by the Client again.
Colour Space shall not be responsible or liable for delays in delivery caused by artwork changes.
Any changes requested and made subsequent to approval of the artwork and subsequent to
plates/screens being made shall incur additional costs for the Client.
Printing colours will be matched as close as possible to Pantone colours or swatches supplied.
We do not guarantee 100% colour match. We cannot guarantee 100% colour consistency on different materials.
The Client is to approve the artwork within 7 (seven) calendar days from the final artwork layout being
sent to the Client, failing which the stock will be returned to the warehouse and a cancellation fee
equal to 25% (twenty-five per centum) of the total value of the order shall be charged.
No artwork approvals will be accepted telephonically.
The Client is to partake in the process of reviewing and checking the artwork for spelling mistakes
and errors relating to e.g. item colours, sizing, image colour and image locations and is to do so
before signing off and approving the artwork/order.
Colour Space shall not be responsible or liable for erroneous interpretations of the artwork/order, typographical
errors overlooke and later approved by the Client and/or any damages suffered by the Client as a result of
the erroneous artwork/order being printed as accepted and approved by the Client.
Payment Terms
Payment:
All payments made by the customer to Colour Space shall be made free
of deduction, set-off, bank charges or commissions.
A 50% deposit based on the invoice value is required on the placement of an order.
A company Purchase Order may be accepted at the sole discretion of management.
The remaining 50% of the invoice value must be paid when notice is given that the goods
are either ready for pickup or that the goods are ready for delivery.
Goods will only be released once your order has been fully paid for.
Please do not send your courier company for collection if payment has not been made
as we will NOT release your order.
Please note that Electronic Funds Transfer is our preferred method of payment.
Note that due to currency fluctuations, we reserve the right to change prices without
prior notification whether or not a quotation has been accepted and confirmed.
Upfront orders will only be released once proof of payment has been received and cleared in our Bank Account.
Colour Space cannot be held responsible for missed deadlines if payment has not been received in time.
All orders are treated as Upfront Payment unless account facilities have been approved in writing.
We reserve the right to withdraw or amend credit facilities at our discretion.
The Customer has no right to withhold payment for any reason whatsoever and agrees that any extension
of time given for payment shall be valid only if reduced to writing and signed by both parties.
All discounts shall be forfeited if payment in full is not made on the due date.
Goods remain the property of Colour Space until paid in full. The risk in and to the products shall pass from
Colour Space to the customer upon the date of delivery thereof by Colour Space to the customer or their agent.
Any delivery note or waybill (be it a copy or an original) signed by the customer or a third party engaged
to transport the products shall be conclusive proof that delivery was made to the customer.
Non-payment resulting in Legal/Collection fees being incurred will be for the clients’ account.
Colour Space shall be entitled but not obliged to charge interest calculated in arrears on any amount due to it by
the Customer at a rate of 2% above the prime overdraft rate of our Bankers at the time of the monthly calculation.
All payments made by the customer to Colour Space shall be made free
of deduction, set-off, bank charges or commissions.
A 50% deposit based on the invoice value is required on the placement of an order.
A company Purchase Order may be accepted at the sole discretion of management.
The remaining 50% of the invoice value must be paid when notice is given that the goods
are either ready for pickup or that the goods are ready for delivery.
Goods will only be released once your order has been fully paid for.
Please do not send your courier company for collection if payment has not been made
as we will NOT release your order.
Please note that Electronic Funds Transfer is our preferred method of payment.
Note that due to currency fluctuations, we reserve the right to change prices without
prior notification whether or not a quotation has been accepted and confirmed.
Upfront orders will only be released once proof of payment has been received and cleared in our Bank Account.
Colour Space cannot be held responsible for missed deadlines if payment has not been received in time.
All orders are treated as Upfront Payment unless account facilities have been approved in writing.
We reserve the right to withdraw or amend credit facilities at our discretion.
The Customer has no right to withhold payment for any reason whatsoever and agrees that any extension
of time given for payment shall be valid only if reduced to writing and signed by both parties.
All discounts shall be forfeited if payment in full is not made on the due date.
Goods remain the property of Colour Space until paid in full. The risk in and to the products shall pass from
Colour Space to the customer upon the date of delivery thereof by Colour Space to the customer or their agent.
Any delivery note or waybill (be it a copy or an original) signed by the customer or a third party engaged
to transport the products shall be conclusive proof that delivery was made to the customer.
Non-payment resulting in Legal/Collection fees being incurred will be for the clients’ account.
Colour Space shall be entitled but not obliged to charge interest calculated in arrears on any amount due to it by
the Customer at a rate of 2% above the prime overdraft rate of our Bankers at the time of the monthly calculation.
Collection & Delivery
Delivery times quoted are estimated times only. Colour Space accepts no responsibility whatsoever for any loss
or damages caused by late delivery or non-delivery, howsoever caused or arising and the Client specifically
indemnifies Colour Space as such.
or damages caused by late delivery or non-delivery, howsoever caused or arising and the Client specifically
indemnifies Colour Space as such.
Intellectual Property
All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video,
audio or other material on our websites, mobi sites or apps are owned by or licensed by the Company Unauthorised use,
reproduction, modification and/or distribution of the content thereof is strictly prohibited and constitutes an unlawful
infringement of our intellectual property rights.
All data and information communicated to or from the Site and/or any Site information as well as the database is the sole
property of the Company. The Company grants you permission to view, electronically copy and print portions of the Site
for the sole purpose of placing an order with the Company for any of the Products.
audio or other material on our websites, mobi sites or apps are owned by or licensed by the Company Unauthorised use,
reproduction, modification and/or distribution of the content thereof is strictly prohibited and constitutes an unlawful
infringement of our intellectual property rights.
All data and information communicated to or from the Site and/or any Site information as well as the database is the sole
property of the Company. The Company grants you permission to view, electronically copy and print portions of the Site
for the sole purpose of placing an order with the Company for any of the Products.
Trademarks
"Colour Space", the Colour Space logo as well as the Company logo and all other marks, logos and
trade names appearing on this Site are trademarks of either the Company, its holding company or affiliates
in the Republic of South Africa, or of third parties who have authorised the Company to display such trademarks
on the Site. Nothing contained on this Site should be construed as granting, by implication or otherwise, any license
or right to use any of the trademarks displayed on this Site without the express prior written consent of the Company.
Your use of any of the trademarks displayed on the Site or in any of its contents is strictly prohibited.
You may not copy, reproduce, publish, upload, post, transmit, distribute or modify any of the trademarks appearing on this Site.
You further undertake not to infringe any right of the Company or trademark owners in respect of such trademarks.
The use of the trademarks on any other website or networked computer environment is prohibited.
trade names appearing on this Site are trademarks of either the Company, its holding company or affiliates
in the Republic of South Africa, or of third parties who have authorised the Company to display such trademarks
on the Site. Nothing contained on this Site should be construed as granting, by implication or otherwise, any license
or right to use any of the trademarks displayed on this Site without the express prior written consent of the Company.
Your use of any of the trademarks displayed on the Site or in any of its contents is strictly prohibited.
You may not copy, reproduce, publish, upload, post, transmit, distribute or modify any of the trademarks appearing on this Site.
You further undertake not to infringe any right of the Company or trademark owners in respect of such trademarks.
The use of the trademarks on any other website or networked computer environment is prohibited.
Unlawful use
You shall not use this Site to send or post any message or material that is unlawful, harassing, defamatory,
abusive, threatening, obscene, sexually orientated, racially offensive, profane or which violates any
applicable law and you hereby indemnify the Company against any loss, liability, damage or expense of
whatever nature which the Company or any third party may suffer and which is caused by or
attributable to, whether directly or indirectly, your use of the Site.
abusive, threatening, obscene, sexually orientated, racially offensive, profane or which violates any
applicable law and you hereby indemnify the Company against any loss, liability, damage or expense of
whatever nature which the Company or any third party may suffer and which is caused by or
attributable to, whether directly or indirectly, your use of the Site.
Links and Advertising
No person, business or other website may link to any page on this Site without the prior written permission of the Company.
External hyperlinks may be provided on the Site, but such links are beyond the Company’s control.
You shall not interpret the provision of such hyperlinks as constituting any relationship between the Company
and any linked third party, nor as an endorsement by the Company of such third party.
Hyperlinks provided on this Site to other websites are provided as is and the Company does not
necessarily agree with, edit or sponsor the content of such websites.
The use of, or reliance placed by you on any external links provided on the Site is entirely at your own risk.
Any advertising and other promotional material that may be displayed on the Site from time to time shall not
be interpreted as constituting any relationship between the Company and any third party placing such
advertising or promotional material on the Site, nor as an endorsement by the Company of such third party.
Any use of, or reliance placed by you on such material is entirely at your own risk.
External hyperlinks may be provided on the Site, but such links are beyond the Company’s control.
You shall not interpret the provision of such hyperlinks as constituting any relationship between the Company
and any linked third party, nor as an endorsement by the Company of such third party.
Hyperlinks provided on this Site to other websites are provided as is and the Company does not
necessarily agree with, edit or sponsor the content of such websites.
The use of, or reliance placed by you on any external links provided on the Site is entirely at your own risk.
Any advertising and other promotional material that may be displayed on the Site from time to time shall not
be interpreted as constituting any relationship between the Company and any third party placing such
advertising or promotional material on the Site, nor as an endorsement by the Company of such third party.
Any use of, or reliance placed by you on such material is entirely at your own risk.
Disclaimers and Exclusions of Liability
You expressly agree that use of the Site is entirely at your own risk.
The Site and its contents are provided on an ‘as is’ and ‘as available’ basis and has not
been compiled to meet individual requirements.
It is your responsibility to satisfy yourself, prior to entering into this Agreement,
that the service available from and through this Site meets your requirements,
and is compatible with the hardware and/or software used by you.
The Company makes no representations nor gives warranties of any kind,
whether express or implied including, without limitation, with respect to the Site,
its contents, the accuracy thereof or any warranties or representations regarding
the effectiveness of any security or encryption facilities or with regard to the
availability of Products and/or delivery arrangements and times.
The Company disclaims all representations and warranties including, but not limited to,
warranties as to the availability, accuracy or content of information, Products or services,
and warranties of merchantability or fitness for a particular purpose of information, goods or services.
The Company does not warrant that the functions provided by the Site will be uninterrupted or error free,
or that the Site or the server that makes it available are free from viruses or other harmful components.
Save as expressly set out herein, the Company shall under no circumstances whatsoever be liable to you,
including without limitation, as a result of or in connection with the Company’s negligent acts or omissions
or those of their employees, agents, representatives, sub-contractors or other persons for whom in law
they may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any direct,
ndirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused
(and whether arising under contract, delict or otherwise), sustained by either you, the recipient of the
Products or services or any other person arising from or as a result of any sale concluded in terms of
this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery,
the use or possession of the Products or services.
The Company, its directors, employees, sub-contractors, agents, representatives, affiliates and
suppliers shall not be liable for any loss, damage (whether direct, indirect or consequential) or
expense of any nature whatsoever which may be suffered as a result of or which may be attributable,
directly or indirectly, to the use of or reliance upon the Site (including any information contained thereon)
or the Internet. You hereby indemnify the Company from and against any loss or damage suffered or
liability incurred including, without limitation, in respect of any claim or demand by any third party by
reason of any act or omission on your part or that of any family member, agent or representative acting
on your behalf in connection with transactions concluded on the Site and/or in terms of this Agreement
and/or in relation to the receipt of Products or services supplied by the Company pursuant to any such order.
Notwithstanding any other provisions contained herein, the Company's liability whether in contract or delict
arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not
exceed at any time the value of the Product(s) in respect of which any such dispute or claim arises.
By accessing this Site you warrant and represent to the Company that you are legally entitled to
purchase the Products and that all the details you have provided are true and complete.
Information, ideas and opinions expressed on this Site should not be regarded as professional
advice or the official opinion of the Company. You should consult professional advice before
taking any course of action related to information, ideas or opinions expressed on this Site.
The Site and its contents are provided on an ‘as is’ and ‘as available’ basis and has not
been compiled to meet individual requirements.
It is your responsibility to satisfy yourself, prior to entering into this Agreement,
that the service available from and through this Site meets your requirements,
and is compatible with the hardware and/or software used by you.
The Company makes no representations nor gives warranties of any kind,
whether express or implied including, without limitation, with respect to the Site,
its contents, the accuracy thereof or any warranties or representations regarding
the effectiveness of any security or encryption facilities or with regard to the
availability of Products and/or delivery arrangements and times.
The Company disclaims all representations and warranties including, but not limited to,
warranties as to the availability, accuracy or content of information, Products or services,
and warranties of merchantability or fitness for a particular purpose of information, goods or services.
The Company does not warrant that the functions provided by the Site will be uninterrupted or error free,
or that the Site or the server that makes it available are free from viruses or other harmful components.
Save as expressly set out herein, the Company shall under no circumstances whatsoever be liable to you,
including without limitation, as a result of or in connection with the Company’s negligent acts or omissions
or those of their employees, agents, representatives, sub-contractors or other persons for whom in law
they may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any direct,
ndirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused
(and whether arising under contract, delict or otherwise), sustained by either you, the recipient of the
Products or services or any other person arising from or as a result of any sale concluded in terms of
this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery,
the use or possession of the Products or services.
The Company, its directors, employees, sub-contractors, agents, representatives, affiliates and
suppliers shall not be liable for any loss, damage (whether direct, indirect or consequential) or
expense of any nature whatsoever which may be suffered as a result of or which may be attributable,
directly or indirectly, to the use of or reliance upon the Site (including any information contained thereon)
or the Internet. You hereby indemnify the Company from and against any loss or damage suffered or
liability incurred including, without limitation, in respect of any claim or demand by any third party by
reason of any act or omission on your part or that of any family member, agent or representative acting
on your behalf in connection with transactions concluded on the Site and/or in terms of this Agreement
and/or in relation to the receipt of Products or services supplied by the Company pursuant to any such order.
Notwithstanding any other provisions contained herein, the Company's liability whether in contract or delict
arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not
exceed at any time the value of the Product(s) in respect of which any such dispute or claim arises.
By accessing this Site you warrant and represent to the Company that you are legally entitled to
purchase the Products and that all the details you have provided are true and complete.
Information, ideas and opinions expressed on this Site should not be regarded as professional
advice or the official opinion of the Company. You should consult professional advice before
taking any course of action related to information, ideas or opinions expressed on this Site.
Security
You agree and warrant that your user name and password shall be used for your personal use only
and shall not be disclosed to any third party.
You agree that the Company shall be entitled, at all times, to take all reasonable steps to ensure
the integrity and security of the Site, including associated applications.
The content contained on the Site may be used by you for your own personal shopping and information purposes only.
In using the Site you warrant that you shall not infect it with any computer programming (such as a virus) that may damage,
interfere with, delay or intercept any data or information on the Site and you hereby indemnify the Company for any
damage caused by any act attributable to you. Any person that delivers or attempts to deliver any damaging code
to this Site or attempts to gain unauthorised access to any page shall be prosecuted.
and shall not be disclosed to any third party.
You agree that the Company shall be entitled, at all times, to take all reasonable steps to ensure
the integrity and security of the Site, including associated applications.
The content contained on the Site may be used by you for your own personal shopping and information purposes only.
In using the Site you warrant that you shall not infect it with any computer programming (such as a virus) that may damage,
interfere with, delay or intercept any data or information on the Site and you hereby indemnify the Company for any
damage caused by any act attributable to you. Any person that delivers or attempts to deliver any damaging code
to this Site or attempts to gain unauthorised access to any page shall be prosecuted.
General Terms
The Company may, in its sole discretion, suspend or terminate the operation of the Site at any time
without prior notice to you and without the need to give you reasons for such termination or suspension.
We may change the terms of this Agreement from time to time without notice to you.
Any amendments will take effect immediately on posting of the amendments on the Site.
You shall be deemed to have accepted any changed terms should you continue to use the Site.
If any provision of this Agreement is unlawful, void or for any reason unenforceable, then that
provision shall be deemed severable from this Agreement and shall not affect the validity
and enforceability of the remaining terms.
This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof.
Any indulgence of extension of time granted by the Company to you shall not be construed as a waiver
or variation of any of our rights or remedies. At the option of the Company, any dispute arising out of
the Agreement may be brought in any Magistrates' Court of competent jurisdiction notwithstanding
that the amount in issue may exceed the jurisdiction of such court. The Site is hosted and
manage in the Republic of South Africa and this Agreement is accordingly governed
by the laws of the Republic of South Africa.
Any dispute of any nature whatsoever arising between the parties on any matter provided for in,
or arising out of this Agreement, may be submitted to confidential arbitration in South Africa in
terms of the expedited rules of the Arbitration Foundation of Southern Africa.
The Company chooses its domicilium citandi et executandi for all purposes under this
Agreement, whether in respect of court process, notice, or other documents and
marked for the attention of the Financial Director.
without prior notice to you and without the need to give you reasons for such termination or suspension.
We may change the terms of this Agreement from time to time without notice to you.
Any amendments will take effect immediately on posting of the amendments on the Site.
You shall be deemed to have accepted any changed terms should you continue to use the Site.
If any provision of this Agreement is unlawful, void or for any reason unenforceable, then that
provision shall be deemed severable from this Agreement and shall not affect the validity
and enforceability of the remaining terms.
This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof.
Any indulgence of extension of time granted by the Company to you shall not be construed as a waiver
or variation of any of our rights or remedies. At the option of the Company, any dispute arising out of
the Agreement may be brought in any Magistrates' Court of competent jurisdiction notwithstanding
that the amount in issue may exceed the jurisdiction of such court. The Site is hosted and
manage in the Republic of South Africa and this Agreement is accordingly governed
by the laws of the Republic of South Africa.
Any dispute of any nature whatsoever arising between the parties on any matter provided for in,
or arising out of this Agreement, may be submitted to confidential arbitration in South Africa in
terms of the expedited rules of the Arbitration Foundation of Southern Africa.
The Company chooses its domicilium citandi et executandi for all purposes under this
Agreement, whether in respect of court process, notice, or other documents and
marked for the attention of the Financial Director.
General Information
The Company’s:
- registration number is 2014/119963/07
- directors details may be located here: Albany Gardens, 2nd Floor, 24 Albany Road, Richmond Hill, P.E
- registered office address is website address is: www.colourspacesa.co.za
- email address is: info@colourspacesa.co.za
Electronic Communication
When you use or visit this Site, or send electronic communications to the Site including,
without limitation, e-mails or place orders for Products, you:
consent to receiving communications from the Company electronically;
agree that all notices, disclosures and other communications sent by the Compan
including this Agreement, satisfies any legal requirements, including but not limited,
to the requirement that such communications should be ‘in writing’;
agree that the Company may use your information to contact you about promotions
and special offers if you have indicated during registration that you would like to receive
such information. You are entitled, at any stage, to opt out of this service.
We shall not sell or rent information about you including, without limitation,
your name, identity number, address, email address and contact telephone number
(“personal information”) to any third parties; and agree that the Company may
disclose your personal information in response to a specific request by a
law enforcement agency, subpoena, court order, or as otherwise
required by law, e.g. for accounting purposes.
without limitation, e-mails or place orders for Products, you:
consent to receiving communications from the Company electronically;
agree that all notices, disclosures and other communications sent by the Compan
including this Agreement, satisfies any legal requirements, including but not limited,
to the requirement that such communications should be ‘in writing’;
agree that the Company may use your information to contact you about promotions
and special offers if you have indicated during registration that you would like to receive
such information. You are entitled, at any stage, to opt out of this service.
We shall not sell or rent information about you including, without limitation,
your name, identity number, address, email address and contact telephone number
(“personal information”) to any third parties; and agree that the Company may
disclose your personal information in response to a specific request by a
law enforcement agency, subpoena, court order, or as otherwise
required by law, e.g. for accounting purposes.
ONLINE SITE TERMS
To purchase Products from the Colour Spcae Online Site you must first register your personal information.
Registration and/or use of the Colour Space Site constitutes acceptance of this Agreement by you,
and shall accordingly apply as between the Company and yourself.
To buy Products on the Colour Space Online Site you must be over the age of 18 (eighteen) and be
the holder of a valid credit card (e.g. a MasterCard or Visa card) ("Credit Card").
Or have access to electronic banking in order to make payment via EFT.
Registration and/or use of the Colour Space Site constitutes acceptance of this Agreement by you,
and shall accordingly apply as between the Company and yourself.
To buy Products on the Colour Space Online Site you must be over the age of 18 (eighteen) and be
the holder of a valid credit card (e.g. a MasterCard or Visa card) ("Credit Card").
Or have access to electronic banking in order to make payment via EFT.
Online Registration
To register to buy Products you will be required to provide us with your personal information including
payment details and your South African delivery address and contact information to enable us to
verify who you are and deliver any products that you have bought.
You may be required to choose a user name and a password, or elect to checkout as a guest customer.
Please keep your password secret. The Company accepts no liability for any damages suffered
or losses incurred as a result of the misuse or loss of your password.
In this regard you represent and warrant that your user name and password shall:
to buy Products on the Colour Space Online Site. Should you want to review and/or
change any of your particulars please go to ‘My Account’.
Guest customers will not have a registered account.
You will be able to track and trace the progress of your orders delivery,
using the link in the email that is sent to you.
our delivery address and contact details is
required to facilitate the delivery of your order.
payment details and your South African delivery address and contact information to enable us to
verify who you are and deliver any products that you have bought.
You may be required to choose a user name and a password, or elect to checkout as a guest customer.
Please keep your password secret. The Company accepts no liability for any damages suffered
or losses incurred as a result of the misuse or loss of your password.
In this regard you represent and warrant that your user name and password shall:
- be used for personal use only; and
- not be disclosed to any third party.
to buy Products on the Colour Space Online Site. Should you want to review and/or
change any of your particulars please go to ‘My Account’.
Guest customers will not have a registered account.
You will be able to track and trace the progress of your orders delivery,
using the link in the email that is sent to you.
our delivery address and contact details is
required to facilitate the delivery of your order.
Security
The Company will endeavour to ensure that your personal information and/or Credit Card details are
protected as they travel over the Internet. Given the current state of Internet technology however,
there is no guaranteed secure transmission of data over the Internet.
Therefore the Company cannot guarantee the absolute security of any
information you transmit to us or which the Company transmits to you.
For further information please refer to the Security Policy.
protected as they travel over the Internet. Given the current state of Internet technology however,
there is no guaranteed secure transmission of data over the Internet.
Therefore the Company cannot guarantee the absolute security of any
information you transmit to us or which the Company transmits to you.
For further information please refer to the Security Policy.
Pricing
Subject to availability, the price you pay for Products will be the price shown on the
Colour Space Online Site on the date that you pay for such Products.
Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.
Time-based pricing is only available during the times and dates stipulated on the Site.
The price of each Product is the price displayed on the Colour Space Online Site.
In the event of a Product being on special, this price will be displayed.
All prices are quoted in South Africa Rand (ZAR) and exclude VAT at the rate of 15%,
unless otherwise stipulated. Prices are only valid on the Site and not in Colour Space stores.
Delivery costs are calculated taking into account the area of delivery as well as the weight
and product dimensions of each Product being delivered, and are quoted separately.
Whilst all precautions are taken by the Company to provide the correct pricing on this Site,
in the event that an error does occur, the Company will make every effort to contact you to
cancel the purchase and provide a full refund for the original amount paid.
As such the Company will not be obliged to provide you with the
affected Product at such incorrect price.
Free delivery promotions are limited to web orders only.
Colour Space Online Site on the date that you pay for such Products.
Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.
Time-based pricing is only available during the times and dates stipulated on the Site.
The price of each Product is the price displayed on the Colour Space Online Site.
In the event of a Product being on special, this price will be displayed.
All prices are quoted in South Africa Rand (ZAR) and exclude VAT at the rate of 15%,
unless otherwise stipulated. Prices are only valid on the Site and not in Colour Space stores.
Delivery costs are calculated taking into account the area of delivery as well as the weight
and product dimensions of each Product being delivered, and are quoted separately.
Whilst all precautions are taken by the Company to provide the correct pricing on this Site,
in the event that an error does occur, the Company will make every effort to contact you to
cancel the purchase and provide a full refund for the original amount paid.
As such the Company will not be obliged to provide you with the
affected Product at such incorrect price.
Free delivery promotions are limited to web orders only.
Payment
Prior to delivery of the Products to you, the Company shall be entitled to debit the Credit Card
supplied by you on acceptance of your order should you be paying with a Credit Card.
Should you pay for the Products via EFT the Products will only be delivered to you once your
payment has cleared in the Company’s bank account, and is reflected as a payment on the
Company’s bank statement within 3 working days of date of the placement of your order.
By submitting an order to buy Products you:
which is necessary to enable us to perform our obligations in terms of this Agreement.
In order to protect our interests as well as yours, the Company may scrutinize transaction
o prevent attempted fraud. A transaction may be refused if the Company is not satisfied that it is legitimate.
No other method of payment, including by gift vouchers, will be accepted by the Company in respect of the
purchase of Products on the Colour Space Online Site.
supplied by you on acceptance of your order should you be paying with a Credit Card.
Should you pay for the Products via EFT the Products will only be delivered to you once your
payment has cleared in the Company’s bank account, and is reflected as a payment on the
Company’s bank statement within 3 working days of date of the placement of your order.
By submitting an order to buy Products you:
- represent and warrant that you are over the age of 18 (eighteen);
- represent and warrant that you are authorised to make payment with a Credit Card if you are paying via this mechanism;
- represent and warrant that there are sufficient funds available to pay for the order; and
which is necessary to enable us to perform our obligations in terms of this Agreement.
In order to protect our interests as well as yours, the Company may scrutinize transaction
o prevent attempted fraud. A transaction may be refused if the Company is not satisfied that it is legitimate.
No other method of payment, including by gift vouchers, will be accepted by the Company in respect of the
purchase of Products on the Colour Space Online Site.
Stock Availability
The Company cannot always guarantee availability of stock. If we are unable to supply each and every
Product ordered or in the quantities ordered, you nevertheless agree to accept delivery and make
payment for the items correctly delivered. Stocks of all goods on offer are limited.
The Company shall use its reasonable efforts to discontinue the offer as soon as stock is no longer available.
Under no circumstances will the Company be liable to you for failing to supply Products ordered by you
if the shortage of stock or capacity is due to circumstances beyond the Company’s control.
In such circumstances the Company will take reasonable steps to inform you of the
shortage of stock or capacity as soon as it is practicable to do so.
Product ordered or in the quantities ordered, you nevertheless agree to accept delivery and make
payment for the items correctly delivered. Stocks of all goods on offer are limited.
The Company shall use its reasonable efforts to discontinue the offer as soon as stock is no longer available.
Under no circumstances will the Company be liable to you for failing to supply Products ordered by you
if the shortage of stock or capacity is due to circumstances beyond the Company’s control.
In such circumstances the Company will take reasonable steps to inform you of the
shortage of stock or capacity as soon as it is practicable to do so.
Confirmation of Orders
Orders placed on the Colour Space Online Site constitute your offer to purchase Products subject to this Agreement.
Your offer is deemed to have been accepted by the Company when payment is received from the issuing bank in
the case of payment via Credit Card, or when your payment reflects on the Company’s bank statement in the
case of payment via EFT. Failure by the Company to formally confirm or notify acceptance shall not affect
the validity of the sale or the enforceability thereof.
Your offer is deemed to have been accepted by the Company when payment is received from the issuing bank in
the case of payment via Credit Card, or when your payment reflects on the Company’s bank statement in the
case of payment via EFT. Failure by the Company to formally confirm or notify acceptance shall not affect
the validity of the sale or the enforceability thereof.
Risk and Ownership
Risk in the Products shall pass to you upon delivery of the Products at the delivery address chosen by you.
Until payment is received in full for any goods sold, ownership in the Products shall remain with the
Company and such Products shall be returned and/or surrendered to the Company following
receipt of a default notice from the Company.
Until payment is received in full for any goods sold, ownership in the Products shall remain with the
Company and such Products shall be returned and/or surrendered to the Company following
receipt of a default notice from the Company.
Agreement of Sale
An agreement of sale in respect of a Product between the Company and you only comes into effect if
and when a Credit Card authorisation is received by the Company from the issuing bank or when
the Company’s bank statement reflects your payment via EFT, and the order has been invoiced.
The Company reserves the right to:
A delivery fee will be charged each time Products are delivered to you.
and when a Credit Card authorisation is received by the Company from the issuing bank or when
the Company’s bank statement reflects your payment via EFT, and the order has been invoiced.
The Company reserves the right to:
- refuse to accept and/or execute an order without giving any reasons; and
- cancel orders in whole or in part in its sole and absolute discretion.
A delivery fee will be charged each time Products are delivered to you.
Collections
Online orders can be collected at our National Office in Port Elizabeth
Cancellation
If you would like to cancel an order this may be done by emailing the Company on info@colourspacesa.co.za
or by contacting our Call Centre on 041 007 0565. You will be able to cancel an order up until the point a
Branding Layout is approved. No penalty charges will be levied against cancelled orders prior to the
abovementioned cut-off time. The Company will, however, be entitled to recover from you the
direct cost of recovering the Products.
The Company will only accept a cancellation of an order in circumstances where the Products are unbranded
and returned to the Company in their original condition together with the packaging within 10 (ten) days after
delivery to you, and provided the Products have not been used or otherwise altered in any way whatsoever.
The Company shall be entitled to retain any payment already received from you in respect of delivery fees
where a Product has already been delivered to you prior to your cancellation of the order, as set out above.
You may return a Product, at your cost, to our National Head Office.
If you cancel your payment for any reason or if your Credit Card should cease to be valid for whatever reason,
you will nevertheless be bound to pay to the Company the full purchase price, including all costs incurred by
the Company in respect of any Products already delivered to you, and which you have not returned to the
Company as set out above.
Without prejudice to any other rights or remedies in law, the Company shall be entitled to cancel forthwith
any sale and/or your registration if you should breach any of your obligations.
or by contacting our Call Centre on 041 007 0565. You will be able to cancel an order up until the point a
Branding Layout is approved. No penalty charges will be levied against cancelled orders prior to the
abovementioned cut-off time. The Company will, however, be entitled to recover from you the
direct cost of recovering the Products.
The Company will only accept a cancellation of an order in circumstances where the Products are unbranded
and returned to the Company in their original condition together with the packaging within 10 (ten) days after
delivery to you, and provided the Products have not been used or otherwise altered in any way whatsoever.
The Company shall be entitled to retain any payment already received from you in respect of delivery fees
where a Product has already been delivered to you prior to your cancellation of the order, as set out above.
You may return a Product, at your cost, to our National Head Office.
If you cancel your payment for any reason or if your Credit Card should cease to be valid for whatever reason,
you will nevertheless be bound to pay to the Company the full purchase price, including all costs incurred by
the Company in respect of any Products already delivered to you, and which you have not returned to the
Company as set out above.
Without prejudice to any other rights or remedies in law, the Company shall be entitled to cancel forthwith
any sale and/or your registration if you should breach any of your obligations.
Replacement Products and Refunds
Should the Company supply the incorrect Product or if the Product supplied is damaged or faulty,
the Company shall exchange the Product for a new one, provided that the damaged or incorrect
unit is returned in its original packaging with all warranty cards, manuals and accessories within
10 (ten) days of the delivery of the Product to you. Cash refunds will not be given.
The Company will replace any damaged or faulty Product or an incorrect
Product with a new Product within a reasonable amount of time.
In the case of refunds, any monies due to you will be paid back into
the bank account from which payment was received from you.
Items with seals on them such as laptops, cell phones etc will not be accepted
back if the seal is broken. This will be regarded as an used item.
the Company shall exchange the Product for a new one, provided that the damaged or incorrect
unit is returned in its original packaging with all warranty cards, manuals and accessories within
10 (ten) days of the delivery of the Product to you. Cash refunds will not be given.
The Company will replace any damaged or faulty Product or an incorrect
Product with a new Product within a reasonable amount of time.
In the case of refunds, any monies due to you will be paid back into
the bank account from which payment was received from you.
Items with seals on them such as laptops, cell phones etc will not be accepted
back if the seal is broken. This will be regarded as an used item.
Warranties
To the extent that the Products are altered contrary to the instructions, or after having been
delivered to the delivery address stipulated by you the Products or property in which the
Products are installed have been subjected to misuse or abuse, the Company and/or
manufacturer of the Products will not be obliged to honour any warranties applicable
to such Products. Warranties do not apply to ordinary wear and tear.
delivered to the delivery address stipulated by you the Products or property in which the
Products are installed have been subjected to misuse or abuse, the Company and/or
manufacturer of the Products will not be obliged to honour any warranties applicable
to such Products. Warranties do not apply to ordinary wear and tear.
Disclaimers and Exclusions of Liability
Use of our Services is entirely at your own risk. We make no representations or warranties of any kind,
whether express or implied. We do not warrant that the functions provided by the Services will be uninterrupted
or error free, or that the Services or the servers that make them available are free from viruses or other harmful components.
We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or
consequential loss or damage of any kind whatsoever or howsoever caused arising from the
access or use of our Services or the purchase of any of our products or services. You agree,
to the extent permitted by law, to indemnify us against any loss or damage suffered or liability
incurred by reason of any act or omission on your part or that of any third party acting on your
behalf in connection with your use of our Services and/or your purchase of any products or services.
Notwithstanding any other provisions contained herein, our liability arising from any breach of these Terms,
negligence or otherwise shall not at any time exceed more than double the monetary value of
any order placed via the Services.
whether express or implied. We do not warrant that the functions provided by the Services will be uninterrupted
or error free, or that the Services or the servers that make them available are free from viruses or other harmful components.
We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or
consequential loss or damage of any kind whatsoever or howsoever caused arising from the
access or use of our Services or the purchase of any of our products or services. You agree,
to the extent permitted by law, to indemnify us against any loss or damage suffered or liability
incurred by reason of any act or omission on your part or that of any third party acting on your
behalf in connection with your use of our Services and/or your purchase of any products or services.
Notwithstanding any other provisions contained herein, our liability arising from any breach of these Terms,
negligence or otherwise shall not at any time exceed more than double the monetary value of
any order placed via the Services.