1. Introduction
Welcome to Brand Emotion. Throughout this document and on our website, references to "Brand Emotion", "we", "us" or "our" refer to Brand Emotion.
These Terms and Conditions govern your access to and use of our website, quotations, orders, branding services, sales, and delivery of goods. By accessing our website, requesting a quotation, placing an order, or engaging our services, you agree to be bound by these Terms and Conditions.
Brand Emotion supplies promotional products, corporate gifts, branded clothing, workwear, signage, display items, and related branding services. Certain products and services are fulfilled through approved third-party suppliers.
2. User Responsibility
You agree to provide accurate, complete, and up-to-date information when requesting quotations, placing orders, or submitting artwork. Brand Emotion shall not be held liable for delays, errors, or losses arising from incorrect or incomplete information supplied by you.
3. Website Use Restrictions
Unless expressly permitted:
- You may not copy, reproduce, distribute, publish, or exploit any content, images, pricing, or intellectual property from the website;
- You may not misrepresent yourself as Brand Emotion or as an authorised partner of Brand Emotion.
All intellectual property remains the property of Brand Emotion or its licensors.
4. Quotations
- All quotations are valid for 7 (seven) days unless otherwise stated;
- Prices are subject to stock availability, exchange rate fluctuations, and supplier pricing;
- Quotations exclude delivery, artwork, setup, and branding costs unless explicitly stated;
- A quotation does not constitute acceptance or confirmation of an order.
5. Order Placement and Acceptance
- Orders are confirmed only once written acceptance, final artwork approval, and payment (or deposit) have been received;
- Brand Emotion reserves the right to accept or reject any order;
- Once confirmed, orders constitute a binding agreement and cannot be cancelled unless agreed to in writing.
Stock Availability
All products are subject to availability. Should stock become unavailable after order confirmation, Brand Emotion will notify you and offer a suitable alternative or refund for the affected items.
Lead Times
- Lead times are estimates and commence after final artwork approval and payment;
- Lead times exclude weekends, South African public holidays, and supplier shutdown periods;
- Delays caused by suppliers, couriers, customs, or force majeure events are beyond Brand Emotion's control.
6. Branding and Artwork
Artwork Submission
- Artwork must be supplied in print-ready format (vector files preferred: AI, PDF, EPS);
- Non-compliant artwork may incur redrawing or setup fees;
- Colours are matched as closely as possible; exact colour matching is not guaranteed.
Artwork Approval
- Branding commences only after final artwork approval;
- By approving artwork, you confirm that all details are correct;
- Brand Emotion is not responsible for spelling, layout, or design errors after approval;
- No changes are permitted after approval.
7. Pricing and Payment
Payment Terms
- Payment is required in full prior to production unless otherwise agreed in writing;
- Orders exceeding R20,000 (incl. VAT) may require a deposit;
- Accepted payment methods include EFT and approved card payments;
- Orders will not be released or dispatched until payment reflects in our account.
International Payments
International transfers may take several working days to clear. Orders will only proceed once funds are confirmed.
8. Delivery and Collection
- Delivery costs are quoted separately unless stated;
- Risk passes to the customer upon dispatch or collection;
- Delivery timelines are estimates and not guaranteed;
- Customers using their own courier do so at their own risk;
- Certain products may be restricted from air freight.
9. Cancellations and Returns
Cancellations
- No cancellations are accepted after artwork approval or commencement of branding;
- Cancelled orders may incur handling, administrative, artwork, and supplier restocking fees;
- Outstanding cancellation fees must be settled before future orders are processed.
Returns
- Returns require prior written approval;
- Branded, customised, clearance, consumable, or perishable items are non-returnable;
- Approved returns may attract a handling fee;
- Faulty goods must be reported within 5 (five) days of receipt.
10. Warranties and Liability
- Goods are supplied subject to manufacturer or supplier warranties;
- Brand Emotion does not warrant fitness for a specific purpose;
- Liability is limited to repair, replacement, or credit at Brand Emotion's discretion;
- Brand Emotion shall not be liable for indirect, consequential, or economic losses.
11. Intellectual Property
All intellectual property remains vested in Brand Emotion or its licensors. By submitting artwork or logos, you warrant that you have the legal right to use such material and indemnify Brand Emotion against any infringement claims.
12. Disclaimer
The website and all content are provided "as is". Brand Emotion makes no warranties regarding accuracy, availability, or functionality and shall not be liable for losses arising from reliance on website content.
13. Privacy and POPIA Compliance
Brand Emotion processes personal information in accordance with the Protection of Personal Information Act (POPIA). Personal data is collected solely for business, contractual, and legal purposes. Full details are contained in our Privacy Policy.
14. Force Majeure
Brand Emotion shall not be liable for failure or delay caused by events beyond its reasonable control, including but not limited to acts of God, supplier failure, strikes, transport disruptions, or government actions.
15. Governing Law and Disputes
These Terms and Conditions are governed by the laws of the Republic of South Africa. Any disputes shall be resolved by arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa.
16. General
- These Terms constitute the entire agreement between the parties;
- No waiver shall be deemed a waiver of any other right;
- If any provision is held unenforceable, the remaining provisions shall remain valid.