This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.welko.co.za (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. Please note that we limit our liability at paragraph 14 below.
1. Information about us
Our site is a site operated by DTF Central (Pty) Ltd, a trading as WELKO Creations (“we/us/our”). We are registered in the Republic of South Africa. Company Registration Number 2021/732364/07. Our VAT registration number is 4550306114.
2. Your Status
By placing an order through our site, you warrant that:
2.1 You are legally capable of entering into binding contracts; and
2.2 You are at least 18 years old
3. How the contract is formed between you and us
3.1 Your order constitutes an offer to us to buy a Product or Products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by electronic notification at the end of the ordering process (the “Order Confirmation”). We are unable to issue an Order Confirmation until such time as the ordering process is complete. The contract between us (“Contract”) will only be formed when we send you the Order Confirmation. Once the Contract has been formed, the terms of the Contract cannot be varied without our prior written consent.
3.2 When Products will be made to your specification or personalised for you, you will not have any right to cancel the supply of any of the Products once we have commenced the contract i.e. we have confirmed your order in writing (by email).
4. Material and information provided by you
4.1 Whenever you make use of a feature that allows you to upload material to our site you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such material does comply with those standards, and you indemnify us for any breach of that warranty.
4.2 We shall not be required to print any matter which in our sole and final opinion is or may be of an illegal or libellous or inappropriate nature or an infringement of the proprietary or other rights of any third party, such conditions being extended to material of an extreme or political nature.
4.3 We reserve the right to refuse to print any matter which in our opinion may be prejudicial or detrimental to the good of WELKO Creations and/or its agents.
4.4 We shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent design or any other proprietary or personal rights contained in any material printed for the customer and or their agents. The indemnity shall extend to any amounts paid on legal advice in settlement of any claim.
4.5 In addition to complying with our Acceptable Use Policy, you agree that all material uploaded by you onto our site will be done at your own risk. You must retain a copy of all material you upload. We expressly exclude all liability for any uploaded material which is lost or damaged during or after the uploading process.
4.6 Failure to follow our site’s preparatory instructions for uploading your material may result in Products of poor quality. We accept no responsibility for poor quality Products in those circumstances.
4.7 You must not upload any material that will breach any third party rights to such material unless you have the express consent of the third party. We have the right to disclose your identity to any third party claiming that any material uploaded by you to our site constitutes a violation of their rights.
4.8 We have the right to remove any material uploaded by you or not to fulfil any order if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy. You will receive a full refund of any sums already paid for an order we do not fulfil, less any administration charge or any additional charges on a time and materials basis applied to cover such additional work already carried out.
4.9 You agree only to provide someone else’s personal information if they have given you express consent to use it in respect of the Products you have ordered.
4.10 Personal information is processed and stored in accordance with our Privacy Policy.
4.11 We may delete your files stored by us which is inactive for an extended period of time without reference to you. We may change our policies and limits at any time, in our sole discretion, with or without notice to you. To the extent that we are permitted to do so by law, we may delete your material stored by us at any time.
5. Copyright
5.1 Unless negotiated and agreed in writing, the copyright of any artwork and anything else whatsoever prepared, developed or created by WELKO Creations shall vest in and belong to us.
6. Artwork Services and Proofs
6.1 Prior to producing the Products, we offer the facility to produce an electronic proof of the Product for your approval. You are responsible for approving these proofs. You accept that once you have approved the proof, the Products cannot be changed nor cancelled. We shall have no liability to you for any errors in the proof subsequently discovered by you.
6.2 Should you choose not to receive a proof, we shall have no liability to you for any errors in the Product subsequently discovered by you
6.3 Copy – Where any additional work of whatever nature is necessary as a result of copy supplied by a customer not being clear and/or legible, we may be entitled to make additional charges on a time and materials basis to cover such additional work.
6.4 Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer. When style, type or layout is left to WELKO Creations’ discretion, any subsequent changes to such style, type or layout required by the customer may be subject to additional charges on a time and materials basis.
6.6 Your statutory rights are not affected by these terms and conditions.
7. Production and Delivery Times
7.1 Production shall be deemed to begin when the following conditions are met: payment has been made, artwork has been uploaded and accepted and the order has been confirmed (except where credit terms have been agreed).
7.2 After production, we dispatch all finished orders by courier. See our Shipping methods.
7.3 Production days are held to be working days: Monday to Friday inclusive unless notified otherwise, e.g. for some Pubic Holidays.
7.4 Where production is delayed due to exceptional circumstances, we will complete the work as soon as we reasonably can.
7.5 Any carriage arranged by WELKO Creations is on the customer’s behalf and the printer is not liable for any delays arising out of that carriage.
7.6 Where delivery is not possible as a result of us being provided with the incorrect delivery address details, our delivery service will return the Products to us. We reserve the right to make an additional delivery charge for return and re-dispatch of the Products to the correct delivery address.
7.7 All products will be signed for upon delivery, if anyone other than the intended recipient signs for the product, we will incur no liability provided that parcel was delivered to the address provided by the purchaser.
7.8 Delivery to temporary addresses such as hotels, exhibition and conference centres etc. is entirely at the risk of the customer.
8. Non-Delivery
8.1 You must notify us in writing within 7 days of any failure on our part to deliver the Products in order that we can investigate the failure and take appropriate action.
9. Accuracy, Completeness and Timeliness of Information
9.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
9.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
9.3 You accept that colour variations are inherent within the printing process for files submitted. You also understand and accept that computer hardware set-ups are such that we cannot guarantee that the Product colours will match those displayed on your computer screen during the ordering process.
9.4 Due to the nature of the printing process, we shall not be required to guarantee an exact match in colour or texture between the printed results and any proof.
10. Price & Payment
10.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
10.2 These prices include VAT but not delivery costs, which will be added to the total amount due as set out in the basket section of the online ordering process. 10.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation, except in cases of obvious error.
10.4 Third-party credit card companies will be entitled to store any credit or debit card data if you choose that option when you place your order.
11. Our Replacement Policy
11.1 We will replace any item supplied which is delivered in a condition not to your satisfaction.
12. Claims
12.1 Claims for damage, shortages or non-delivery must be advised within 7 days from the date that the Products were delivered.
12.3 We may ask you to send us photographic evidence.
13. Our Liability
13.1 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product (including delivery costs).
13.2 We do not exclude or limit in any way our liability:
13.2.1 for death or personal injury caused by our negligence;
13.2.2 for fraud or fraudulent misrepresentation; or
13.2.3 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
13.3 Whether caused by our negligence, breach of contract or breach of duty, we exclude all liability for:
13.3.1 any direct loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time; or
13.3.2 any indirect or consequential loss or damage of any kind however arising, even if foreseeable.
14. Events Outside Our Control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure).
14.2 Force Majeure includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1 strikes, lock-outs or other industrial action;
14.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
14.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
14.2.4 impossibility of the use of means of public or private transport;
14.2.5 impossibility of the use of public or private telecommunications networks; and
14.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring Force Majeure to a close or to find a solution by which our obligations under the Contract may be performed despite Force Majeure.
15. Our Right to Vary these Terms & Conditions
15.1 We reserve the right to revise and amend these terms and conditions from time to time without notice.
15.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 7 working days of receipt by you of the Products).
16. Contact
If you have any queries about these Terms & Conditions, or any other aspect of our website, or you have a complaint, please email contact@welko.co.za.
17. PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
18. Law & Jurisdiction
18.1 Contracts for the purchase of Products through our site will be governed by the laws of the Republic of South Africa. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of the Republic of South Africa.
Acceptable Usage Policy
This page (together with the documents referred to on it) sets out the terms between you and us under which you may access our website www.welko.co.za (“our site”). This acceptable use policy applies to all users of, and visitors to our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
1. Prohibited Uses
1.1 You may use our site only for lawful purposes. You may not use our site:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
1.2 You also agree:
• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
• Not to access without authority, interfere with, damage or disrupt:
o any part of our site;
o any equipment or network on which our site is stored;
o any software used in the provision of our site
2. Suspension & Termination
2.1 We will determine, at our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
2.2 Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
2.3 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
3. Changes to the Acceptable Use Policy
Any changes we may make to our Acceptable Use Policy will be posted on this page and, where appropriate, notified to you by e-mail. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this policy may also be superseded by provisions or notices published elsewhere on our site.
E&OE
