NameBadgeSA.co.za is a business in the business services industry that manufactures and sells online, name badges, offices signs and other signage and identification products.
Article 1 – Applications and Definitions
These terms and conditions are applicable to any quotations made, or agreements entered into by NameBadgeSA.co.za (NBSA). This includes any advice or information given.
The ‘other party’, is the natural person or legal person to whom a quotation is made, or who enters into an agreement with NBSA.
‘Consumables’ include inter alia, magnets, pins etc.
‘Name Badge or Sign’ shall include ‘Name Badges or Signs’
If one or more conditions are declared invalid or nullified, the legal force of all other conditions shall not be prejudiced and shall remain in force.
Accepting of a quotation or placing an order shall expressly imply that the other party has read and agrees to the applicability of the Terms and Conditions, as set out.
The address submitted by the other party before, or when placing an order with NBSA, shall be deemed to be the official address of the other party for all correspondence by NBSA, until the other party notifies NBSA in writing of a change of address.
Article 2 – Quotations, Agreements and Prices
NBSA reserves the right to unilaterally terminate any agreements, cancel any orders and refuse delivery, if it believes the other party is intending to operate in conflict with any applicable National or International Law.
Information given by NBSA on this website or in any correspondence with the other party, including quotations, is informative and only meant as a general description/indication. NBSA reserves the right to change this information at any time.
The prices charged will be those applicable on the day the order is placed and unless otherwise indicated, include VAT of 14%.
NBSA reserves the right to change the prices at any time.
Article 3 – Rights of Ownership, Copyright and Brand Name
All trademarks, logos, designs, images, drawings, sketches, plans and descriptions shown on the NameBadgeSA.co.za website (http://www.NameBadgeSA.co.za) are the property of NameBadgeSA.co.za, or a third party. Users are not authorised to use any of these identifying marks without the prior permission of NameBadgeSA or the third party who has the right of ownership.
The content and structure of the NameBadgeSA.co.za website and/or it’s catalogues are the property of NameBadgeSA.co.za or its suppliers and are protected by South African and International Copyright laws. This includes inter alia, all text, logos, images, links and software, as well as the unique ordering process. Any use of the content or structure of this website is, without exception, forbidden.
NBSA reserves the right to apply a brand name to all it’s products.
The other party guarantees NameBadgeSA.co.za , that it will not copy, distribute, use or display the products and services offered on the NameBadgeSA.co.za website, unless it has obtained written authorisation from NBSA.
Article 4 – Stock Availability
NBSA may elect to either partially fulfil the order or to cancel the agreement, should there be a shortage of stock for whatever reason.
Some special offers may have limited stock or be for a limited duration, after which the price will automatically revert back to the standard price.
Large orders may take longer to process than the timelines given for standard orders
Article 5 – Delivery Policy and Risk
Unless otherwise explicitly agreed in writing, the delivery times, as stated on the website, shall be indicative only and shall never be considered as implying a deadline.
The delivery term begins on the day that NBSA receives proof of payment for the order placed, from the customer. In the case of Credit Card transactions, NBSA will receive this proof automatically. For EFT payments, the customer is required to email/fax proof of payment.
NBSA is authorised to fulfil its obligations in instalments. Orders or part orders that cannot be delivered for any reason whatsoever, will be recorded, placed on back-order and delivered at the earliest available opportunity and NBSA shall inform the other party by email/sms.
The risk of damage, perishing, theft or loss of the delivered goods is transferred to the other party as soon as these goods leave the warehouse of NameBadgeSA.co.za , even in the case of free delivery.
The other party has an express obligation to inspect the goods received for any defects, damages or errors. In the event of a defect, damage or error the other party must notify NBSA in writing within 5 (five) days of accepting delivery, quoting the order/invoice number and must retain the defective product(s) for NBSA to collect and inspect. If it is proven that the products did not comply with the agreement, NBSA has the choice of replacing the defective goods with new goods or refunding the value of the invoice.
NBSA is, for delivery purposes, authorised to amend its list of Main Centres at any stage.
Article 6 – Force Majeure
Failure by NameBadgeSA.co.za to comply with the agreement cannot be attributed to NameBadgeSA.co.za if the cause of this failure falls outside the NameBadgeSA.co.za sphere of risk, including inter-alia, war , the risk of war, riots, revolt, molestation, fire, water damage, floods, strikes, occupation of the premises, exclusion, import and export restrictions, government measures, faulty machinery, interruptions in the supply of water and electricity, and the stagnation or interruption of deliveries from third parties from whom NameBadgeSA.co.za obtains raw materials, other materials or components for the realisation of the agreement.
In such instances described above, and without prejudice to its rights, NameBadgeSA.co.za shall be entitled to choose to either suspend the realisation of the order or to dissolve the agreement without legal intervention, by informing the other party of this in writing and without NameBadgeSA.co.za being liable to pay any damages.
Article 7 – Guarantee
NBSA offers a 2 (two) year guarantee on all its products (excluding consumables).
Without prejudice to its rights, the guarantee becomes void, if it is determined by NBSA that the name badge purchased was not suitable for its intended use, or if the other party did not exercise reasonable care in the use and/or storage of the badge/sign, or where the other party deliberately damaged the badge/sign.
In the event of a genuine mechanical failure of the name badge, not resulting from the above, the other party must inform NBSA in writing and make the damaged badge/sign available to NBSA for collection. NBSA shall, once it is determined that the failure was not attributable to one of the exceptions listed in (2) above, replace the badge/sign within seven days, subject to availability.
Article 8 – Returns and Refunds Policy
The provision of goods and services by NBSA is subject to availability. In cases of unavailability, NBSA will refund the client in full within 30 days.
Cancellation of orders by the client, before the order is dispatched, will attract a 30% administration fee.
In the event of a defect, damage or error, the other party must notify NBSA in writing within 5 (five) days of accepting delivery, quoting the order/invoice number and must retain the defective badge/sign for NBSA to collect and inspect. If it is proven that the products did not comply with the agreement, NBSA has the choice of replacing the defective goods with new goods or refunding the value of the invoice.
Article 9 – Responsibility
NBSA takes responsibility for all aspects relating to the transaction including the sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
Article 10 – Exclusion and limitation of Responsibility
NBSA is not liable for any misunderstanding, mutilating, delaying or orders not properly received and announcements, due to the use of the Internet or any other means of communication between the other party and NBSA.
For all direct losses incurred by the other party, which are caused by a failure attributable to NBSA to comply with the agreement, NBSA’s liability is limited to the agreed price.
NBSA is not liable for any indirect losses incurred by the other party, including the stagnation of the regular flow of business.
NBSA is not liable for damages caused by materials used by NBSA, which were not suitable for the realisation of the agreement.
The exclusions and limitations above apply equally to the acts and/or omissions of employees of NBSA, as well as to the act and/or omissions of people and/or companies it may use for the realisation of the agreement.
Notwithstanding the above, the right to make claims by the other party becomes invalid no later than 1 year after they come into existence.
Article 11 – Payment Methods and Conditions
NBSA accepts the following means of payment; Credit card (Master Card and Visa), Electronic transfer and Bank deposit (cash only) into NBSA bank account, the details of which will be provided on request.
Credit Card transactions will be acquired for NBSA by PayGate (Pty) Ltd, who are the approved payment gateway for Standard Bank of South Africa . Paygate uses SSL3 and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details will be stored by NBSA separately from the card details, which are entered by the client on PayGate’s secure site. For more detail on Paygate refer to www.paygate.co.za
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa . Transaction Currency is ZAR (South African Rand).
Note that in order to protect its own interest and the interests of its customers, NBSA and its partners, vigorously check all credit card transactions for attempted fraud and may elect to cancel a transaction if there is any indication that fraud exists. Further, if there is prima facie evidence of credit card fraud, NBSA will immediately pass all relevant details to the commercial crimes unit of the SAPS.
It is unlawful to use someone else’s credit card details without their consent.
As a result of the verification process, delays in the processing and delivery of badge/signs may occur where electronic transfers or bank deposits are made. In both cases, proof of payment must be faxed to 086 614 3444.
The order number must be used as the reference for Internet Transfers and Bank Deposits and the exact amount must be transferred.
Article 13 – Variation
NBSA may, in its sole discretion, change this agreement or any part thereof at any time without notice.
No variation of the terms and conditions are valid unless reduced to writing and signed by NBSA.
Any relaxation of the terms and conditions by NBSA, shall not imply that those terms and conditions will not apply at any future stage.
If the other party varies any of the information required on a badge/sign, it should be done using the online ordering process. If the other party elects to send the changes by any other means, including fax or email, NBSA shall not be held responsible for any errors made in the layout/spelling of the badge/sign.
Article 14 – Governing Law and Disputes (Domicilium)
This website is governed by the laws of South African Law, which are applicable to all agreements and quotations. NBSA chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 14a Shortlands Avenue, Hillcrest, Durban
The magistrates court of Durban is exclusively authorised to handle any disputes which may arise.
Article 15 – Term and Termination
The terms and conditions of the agreement shall be immediately enforced and shall remain so until NBSA varies them.
Article 16 – General Information
This website is run by Interactive Concepts (PTY) Ltd based in South Africa trading as NameBadgeSA.co.za and with registration number 2014/043183/07 (Converted from a Close Corporation, registration number 1996/007557/23).
NBSA can be contacted per email office@NameBadgeSA.co.za or telephonically on 0861 999 086.