Terms and Conditions

INTRODUCTION

Welcome to the official website of Brand Ingition Partners Proprietary Limited trading as Brand Catalyst. Throughout this website and in this document, we will refer to ourselves as "the company," "we," "us," and "our."

These Terms and Conditions govern the use of our website, including the process of ordering, sales, and delivery of goods. By accessing or using this website, you agree to be bound by these Terms and Conditions.

Our website provides a convenient platform for online shopping, offering a diverse range of products such as clothing, apparel, gifts, headwear, and display items. These products can also be customized and branded according to your specific requirements.

By accessing and using this site, you accept the following terms and conditions, without limitation or qualification.

Unless otherwise stated, the contents of this site including, but not limited to, the text and images contained herein and their arrangement are the property of Brand Catalyst. All trademarks used or referred to in this website are the property of their respective owners.

Nothing contained in this site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Brand Catalyst or any third party. This site and the content provided in this site, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Brand Catalyst, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices.

The information provided on this site is free of charge and for informational purposes only and does not create a business or professional services relationship between you and Brand Catalyst. Links on this site may lead to services or sites not operated by Brand Catalyst. No judgment or warranty is made with respect to such other services or sites and Brand Catalyst takes no responsibility for such other sites or services. A link to another site or service is not an endorsement of that site or service. Any use you make of the information provided on this site, or any site or service linked to by this site, is at your own risk.

This site and its contents are provided "as is" and Brand Catalyst makes no representation or warranty of any kind with respect to this site or any site or service accessible through this site. Brand Catalyst expressly disclaims all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In no event will either Brand Catalyst or its third-party service providers be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) without regard to the form of action and whether in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with this site, any content on or accessed through this site or any site service linked to, or any copying, displaying, or use thereof.

Brand Catalyst maintains this site in Gauteng, South Africa and you agree that these terms of use and any legal action or proceeding relating to this site shall be governed by the laws of South Africa without reference to its choice of law rules. If you attempt to bring any legal proceedings against Brand Catalyst you specifically acknowledge that Brand Catalyst is free to choose the jurisdiction of our preference as to where such action against us may be held. As you have agreed by using this site to choose the laws of South Africa to govern any such proceedings, we will probably choose to defend any such action in South Africa and we can make this decision entirely as it suits us, without regard to where in the world you are located, or from where in the world you visited this site.

You are responsible for complying with the laws of the jurisdiction from which you are accessing this site and you agree that you will not access or use the information on this site in violation of such laws. Unless expressly stated otherwise herein, any information submitted by you through this site shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit information you consider confidential.

Brand Catalyst does not accept unauthorized idea submissions outside of established business relationships. To protect the interests of our current clients and ourselves, we must treat the issue of such submissions with great care. Importantly, without a clear business relationship, Brand Catalyst cannot and does not treat any such submissions in confidence. Accordingly, please do not communicate unauthorized idea submissions to Brand Catalyst through this website. Any ideas disclosed to Brand Catalyst outside a pre-existing and documented confidential business relationship are not confidential and Brand Catalyst may therefore develop, use and freely disclose or publish similar ideas without compensating you or accounting to you. Brand Catalyst will make every reasonable effort to return or destroy any unauthorized idea submissions without detailed review of them. However, if a review is necessary in Brand Catalyst's sole discretion, it will be with the understanding that Brand Catalyst assumes no obligation to protect the confidentiality of your idea or compensate you for its disclosure or use. By submitting an idea or other detailed submission to Brand Catalyst through this website, you agree to be bound by the terms of this stated policy.

ORDER PLACEMENT

Placing Orders:

All orders must be placed through our online platform. We do not accept orders through any other communication channels.

Order Acceptance:

We reserve the right to accept or reject any order. Our acceptance relies on factors including product availability, accurate information provided (including pricing), and successful payment or authorization.

Limited Stock Availability:

Please be aware that the availability of our products is limited. While we strive to promptly update our website with current stock levels, we cannot always guarantee availability. If any item becomes unavailable after an order is placed, we will notify you and provide a refund.

Price Changes:

Prices shown on our website are subject to change without prior notice. Brand Catalyst retains the right to modify prices for goods or services offered. Any price adjustments will be communicated through written notice.

Estimated Time of Arrival (ETA):

Although we regularly update ETA dates for our stock, unforeseen delays in supplier, shipping, or customs processes may occur. Therefore, the accuracy of these dates cannot be guaranteed.

Lead times do not include weekends, South African public holidays, or Brand Catalyst's annual shutdown period.

Branding Requests:

These services are subject to additional charges over and above the product purchase price. Full payment for both the product purchase price and branding service charges is required before the commencement of the branding process.

PAYMENT

Accepted Payment Methods:

Accepted Payment Methods: Our company accepts payments via MasterCard, Visa, and Debit cards. Please note that we do not accept American Express, Diners cards, or cash are not accepted payment methods. For orders exceeding R40,000.00 (including VAT), a 50% deposit is required within 24 hours of placing the order. Orders will only be dispatched once the payment is confirmed in our account.

International Payments:

Transactions from foreign banks may require a processing period of 4 to 7 business days. Orders linked to these transactions will be dispatched upon validation of payment in our account.

CANCELLATIONS AND RETURNS

Order Cancellation and Damages:

Once an order is confirmed, it becomes a binding contract and cannot be cancelled. Any damages or shortages must be reported within twenty-four (24) hours of collection or delivery.

Cancellation Policy:

Failure to make full payment within ten (10) working days may result in order cancellation. For orders valued above three thousand rand (R3,000 excluding VAT) that are cancelled, a 15% handling and administrative fee will be charged. The company reserves the right to cancel an order and impose a 15% handling fee in case of non-payment. Orders that have already undergone the layout process cannot be cancelled after eight (8) working days, and a layout fee of one hundred rand (R100 excluding VAT) per layout will be charged. No cancellations will be accepted after final artwork approval and commencement of branding work. No future orders will be processed unless prior cancellation fees have been settled.

Faulty Goods and Returns:

If a product supplied by Brand Catalyst is found to be defective and/or covered under warranty, you must notify us within four (4) days from the date of receipt. It is important to promptly report any defective products or issues covered under warranty to the company within this time frame. Failure to do so may affect your eligibility for return or replacement.

Repair Returns:

Before repair work, a cost estimate will be provided to the customer for approval. Repaired items not collected within twenty to seventy days (20 to 70 days) after completion may be sold by the company to recover costs.

Returns Approval:

Written approval from the company management is mandatory for returning collected stock. Returns will only be accepted with the accompanying invoice/s. A 28% handling and administrative fee applies to approved returns of collected stock. No future orders will be processed unless prior cancellation fees have been settled.

WARRANTIES

Guaranteed Goods:

Warranty coverage is available for new goods through Brand Catalyst-specific warranties or original manufacturer's warranties, however, it is important to note that certain goods exempt from product warranties may have latent defects, for which Brand Catalyst is not responsible.

Fitness for Purpose:

Brand Catalyst does not warrant that the goods are suitable for any specific purpose.

Liability and Repairs:

Our liability is limited to repairing or replacing faulty goods or issuing a credit of equivalent value. In case of returned goods with no fault found, all associated costs will be passed on to the customer.

DISCLAIMER

Your utilisation of the Website is undertaken entirely at your own risk, and you shall bear sole responsibility for any loss or risk arising from such utilisation or reliance on the information provided on the Website.

Whilst we endeavor to ensure the accuracy and completeness of the content on the Website, we provide no guarantee as to its quality, timeliness, operation, integrity, availability, or functionality.

We hereby disclaim any liability for any direct, indirect, or consequential damage, loss, or liability arising from your access or use of the Website and its content, unless otherwise mandated by applicable law.

The Website and all information provided therein are provided "as is" without any warranty, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as permissible under law.

Any views or statements presented on the Website shall not necessarily reflect our views or statements.

We make no warranty or representation, whether express or implied, that the information or files available on the Website are free from viruses or any other harmful data or code that may disrupt, disable, or compromise the operation, stability, security, functionality, or content of your computer system or network unless arising from our gross negligence or willful misconduct.

FORCE MAJEURE

If either Party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under this Agreement because of the strike, lock-out, fire, explosion, floods, riot, war, accident, act of God, embargo, legislation, shortage of or a breakdown in transportation facilities, civil commotion, unrest or disturbances, cessation of labour, government interference or control, or any other cause or contingency beyond the control of that Party, the Party so affected shall be relieved of its obligations hereunder during the period that such event and its consequences continue but only to the extent so prevented and shall not be liable for any delay or failure in the performance of any obligations hereunder or loss or damages either general, special or consequential which the other Party may suffer due to or resulting from such delay or failure, provided always that written notice shall forthwith be given of any such inability to perform by the affected Party.

Any Party invoking force majeure shall, upon the termination of such event giving rise thereto, forthwith give written notice thereof to the other Party. Should such force majeure continue for more than 90 days then the Party who shall not have invoked the force majeure shall be entitled forthwith to cancel this Agreement in respect of any obligations still to be performed hereunder.

DOMICILIUM AND NOTICES

Correspondence between the parties shall be sent to the following addresses:
Brand Ingition Partners (Pty) Ltd.
12 Baker Street
Rosebank, Sandton
Johannesburg, 2196
South Africa

Notices shall be considered received under the following conditions:
If delivered in person during the recipient's regular business hours at their address, the notice is presumed received at the time of delivery, unless evidence to the contrary is provided.

If sent via email to the recipient's provided email address, the notice is presumed received on the same day as sending, unless evidence to the contrary is provided.

Regardless of any clauses stated, a written notice or communication received by a party shall be considered sufficient even if it was not sent or delivered to their chosen address.

GENERAL

This Agreement represents the entire understanding between the parties, superseding any prior agreements or representations, whether written, oral, or implied.
Neither party is bound by any terms, representations, or promises that are not explicitly recorded in this Agreement. Written documentation excludes data messages as defined in the ECTA, and "signed" refers to a handwritten signature without electronic intervention.
No changes or cancellations of this Agreement (including this clause) shall be valid unless in writing and signed by or on behalf of both parties. "In writing" excludes data messages as defined in the ECTA, and "signed" refers to a handwritten signature without electronic intervention.

No leniency or tolerance granted by either party shall be considered a waiver of any rights, and the granting party retains the right to enforce any rights against the other party, past or future.

This Agreement does not create a partnership, joint venture, agency, or employment relationship between the parties. Neither party has the authority to bind the other or create liabilities on their behalf.

Annexure

SAMPLE POLICY

We understand that clients require samples to close a deal.

Our sample policy is as follows:

Samples are available for purchase.
All sample orders need to be paid for and collected within 4 working days from invoice date and if not paid and collected within this time they will be cancelled.
All sample orders that exceed 10 line items will be invoiced and will be treated as a bulk order. These orders will require the branch delivery selection to be updated and payment to be made (and received by Brand Catalyst) for the orders to be sent.

RETURNS AND REFUNDS OF SAMPLES

The following samples may not be returned:
1. Those with an individual product price of less than R30.00 (excluding VAT);
2. Any branded items; and
3. Consumables and perishables.
Samples with an individual product price of R30.00 excluding VAT or more may be returned for a refund or credit if:
1. The sample items have not been used, worn and are not damaged.
2. The items are in their original condition and packaging, damage to any part of the packaging will result in the samples not being accepted for return.
3. The returned items should be accompanied by the relevant original invoice.
4. The items should be returned within a week of collection.
If the samples returned are deemed acceptable by Brand Catalyst, in its sole discretion, it will process a refund or credit note.
1. It may take up to 6 (six) days for Brand Catalyst to inspect samples;
2. Refunds are only processed on Fridays;
Sample orders exceeding 10 line items that need to be returned for credit will only be accepted at the Johannesburg office, to be returned at your expense. Bulk order returns are subject to prior Management approval and are to be returned to our Johannesburg office (these will attract a handling fee).
If the clothing is branded, we will charge a pre-production sample fee to cover the cost of the branding on the unreturned item.

BRANDING

ARTWORK POLICY

ARTWORK GUIDELINES

PROCESS

All artwork should be emailed for processing, please send it directly to the relevant Account Manager;
All final layouts should be approved.
All clients are expected to make full payment
Branding will only commence once the layout is approved and full payment is received.
Branding lead times are quoted from the day after artwork approval and proof of payment is received, whichever is later.
For expedited clearing of orders you are encouraged to pay for orders, into one of our bank accounts, please use the order number as reference and e-mail your proof of payment to riaan@brandcatalyst.co.za

ARTWORK SUBMISSION

Only PC format artwork will be accepted, vector artwork is preferred but artwork in the following file formats will be acceptable:
1. .CDR;
2. .EPS;
3. .AI;
4. .PDF;
5. .FH.
The following formats are not accepted:
1. Word or PowerPoint files
2. Gif and jpeg (under 600dpi)
Artwork for multicolored imprints must be sent as a color separated file, save for in the instance of digital printing.
If typesetting is required, clients must include font and size. To avoid font substitutions, all fonts submitted must be converted to “curves”.

ARTWORK APPROVAL AND APPLICABLE FEES

All artwork needs to be approved, branding will only commence once artwork has been approved and full payment for the order has been received.
By approving the artwork;
1. You accept the layout as depicted in the artwork, you have ensured that the item being branded, colour and size of the item are correct.
2. Brand Catalyst will not be held accountable for any spelling or artwork errors on items branded in accordance to the approved artwork.
Once artwork has been approved, no changes will be accepted.
Printing colours will be matched as close as possible to pantone colours or swatches supplied, we do not guarantee a 100% colour match.
We do not guarantee any print onto metal or ceramics.
Additional fees do not apply to artwork received in the correct format however artwork received in the incorrect format will attract a redrawing fee of R450 excluding VAT. This fee will accommodate two further changes to the layouts, where after any additional changes will be charged for at R180 excluding VAT per change.
Branding cancelled after layouts have been generated will be charged for at R150 excluding VAT per layout completed.

DISPLAY

Where skins are available for sale as stand-alone items, Brand Catalyst is able to refit skins onto Brand Catalyst - purchased hardware. Should a client request that Brand Catalyst refit skins, the return of hardware to Brand Catalyst will be for the client’s account.
Refitting of skins by Brand Catalyst is subject to inspection of the relevant hardware. If the existing hardware is faulty or damaged, Brand Catalyst will not be able to refit skins.
If the client is re-skinning hardware themselves it is the client’s responsibility to ensure that the hardware is not faulty or damaged. Brand Catalyst cannot be held liable for skins purchased that cannot be fitted properly due to faulty or damaged hardware.
It is the client’s responsibility to ensure they order the correct skin for the correct display unit.
Reskinning is specifically tailored to fit to Brand Catalyst display hardware. Brand Catalyst cannot be held responsible for any skins purchased to fit third-party hardware.
All artwork must be created in CMYK and all pantone colours must be included as a pantone solid coated spot within the print file supplied. Please note failing this will result in no colour matching taking place. Please also note due to the limited colour range of various digital CMYK Print methods, not all pantone colours can be achieved. We endeavour to match as closely as possible, but, colour variation will take place on different materials like PVC versus Fabric.
Fluorescent and metallic pantones cannot be matched. Only a tonal representation thereof can be achieved.
Overexposure to sunlight will reduce the longevity of the print.
We encourage you to take care of the display fabric and remove it from direct sunlight at all opportunities.
Display fabrics purchased from Brand Catalyst come with a 3-month limited print fade warranty.

WORKWEAR POLICY

Manufacture of workwear products will only commence when the order is received and, full payment is received. Once a sales order is generated your order may not be cancelled or changed.
Conti suit sets are sold according to industry-standard which directs that the pants in the set are 2 sizes smaller than the jacket. Conti suit sets will therefore be sold based on the jacket size, for example, if you place an order for a size 34, the jacket will be a size 34 and the pants size will be a size 30.
Kindly ensure that sizing has been established correctly before placing an order with us as sets will always be sold as per the above.
We will not accept any returns on unbranded or branded workwear items that have had tape specially applied as these are not ex-stock items. We will only accept returns on workwear items that are held in stock and readily available.