The Web Shop

Terms and Conditions

Terms and Conditions

Welcome to thewebshop.co.za. This website is provided as a service to our customers. The Web Shop and its W logo with the tag line ‘A Creative Technology Company’ is trademarked. Please review the following rules that govern your use of the thewebshop.co.za site. Please note that your use of the thewebshop.co.za site (the “Site”) constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms and Conditions. The Web Shop reserves the right to update or modify these Terms and Conditions at any time without prior notice to you, and we encourage you to review these Terms and Conditions whenever you use this Site.

Section A of these Terms and Conditions applies specifically to orders placed with The Web Shop. Section B of these Terms and Conditions applies to all products and services available through the Site.

Section A

Terms and Conditions of Order

The Web Shop Satisfaction Guarantee

The Web Shop stands behind the quality of its products and services. If you are not satisfied with your purchase from us, contact Support by email at info@thewebshop.co.za or phone at 031 1533 424 within 14 days from the date you receive it (or the date it was scheduled to arrive).

“We are committed to working with our clients and focus on finding an individual solution to suit their unique business requirements. We endeavor to respond quickly to every task and deliver an exceptional customer service. We strive to provide services and products of superior quality, and service delivery – all within budget. Our customer service promise outlines our commitment to deliver on our services, produce quality products and focus on excellence, with an experience our clients will remember as they appreciate our difference.” – The Web Shop Management

The Web Shop is committed to customer satisfaction, and we do everything possible to ensure excellent quality. The Web Shop will process your order according to your instructions. You will be responsible for fixing any errors discovered in the process, or you can authorise us to publish or register as is; however, you are subject to the following exclusions listed below under File Submissions, and Shipping and Delivery.

Certain circumstances are beyond our control and are not covered by this guarantee. Please note that we cannot be responsible for:

File Submissions

Spelling, punctuation, or grammatical errors made by you.

Inferior quality or low-resolution of uploaded images.

Design errors or colour selection errors introduced in the artwork file creation process submitted by you.

Errors in user-selected options such product type, size, finishing options, or quantity.

Incorrect dimensions, image orientation, or file submission in accordance with The Web Shop specifications.

Colour match guarantee without a hardcopy proof approval.

Delivery delays due to improperly prepared files.

Duplicate orders by the customer.

Incorrect file layout for folding, scoring, laser cutting, die cutting or other custom services.

Data Formats

The client agrees to The Web Shop’s definition of acceptable means of supplying data to the company.

Text is to be supplied to The Web Shop in electronic format as standard text (.txt), MS Word (.doc) on USB, CD-ROM, DVD, Hard Drive, or via e-mail, dropbox, thewebshop.co.za.

Images which are supplied in an electronic format are to be provided in a format as prescribed by The Web  Shop as .jpeg via CD-ROM, DVD, Hard Drive, Camera Memory Card, or via e-mail, dropbox, thewebshop.co.za. Images must be of a quality suitable for use without any subsequent image processing, and The Web Shop will not be held responsible for any image quality which the client later deems to be unacceptable. The Web Shop cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, colour correction and alteration of images.

The preferred file format prescribed by The Web Shop is (.pdf). Other acceptable file formats include (.psd), (.ind), (.cdr), (.ai) and (.eps).

Shipping and Delivery

Incorrect shipping address, undeliverable packages/3rd delivery attempts, or other errors created by you.

Damage to the products arising after delivery to you.

Satisfaction guarantee does not apply to shipping claims. We will reprint orders damaged or lost by shipping carrier.

We reserve the right to have you return the original order before reprinting or refunding your order.

We are not responsible for any damages or claims incurred by you or your business caused by receiving printed materials which are defective or incomplete or which you receive later than the estimated delivery date.

Payment

All prices and amounts shown on this Site are in South African Rand (ZAR), unless otherwise noted. If a User submits a request on the Site to purchase printing products, mailing services, design services or other services, the User agrees that all charges, taxes and shipping and processing fees will automatically be charged to the credit card or paid by User with an approved payment method. Such amounts will be posted on this Site.

Once a print job has been approved by you and “job created” on the Site, no changes are allowed to the artwork files, job characteristics, or printing turnaround time. After a print job has been sent to The Web Shop’s production department, you are responsible for paying the entire amount of that print job along with applicable taxes, shipping, and processing fees, unless otherwise noted.

Please note that no work will proceed on any print job in your order until a minimum of 50% or full payment is received by The Web Shop.

Payment Methods

All purchase requests must be submitted with an approved payment method unless otherwise expressly stated. Approved payment methods include any of the following methods:

Pay by credit card.

Pay by debit card.

Pay by electronic funds transfer (EFT).

Pay by PayPal.

Pay by cash in-store.

Default

An account shall be considered default if it remains unpaid for 90 days from the date of invoice, or following a returned cheque.

After 30 days from the date of invoice, The Web Shop will attempt to send a first, second and third reminder via email to the customer’s primary email address used to register or provided when creating the order. A final letter of demand will be sent before the account is considered default.

Customers whose accounts become default agree to pay The Web Shop reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Our Sales Tax Policy 
The Web Shop is required to collect and remit value-added tax (VAT) in all South African jurisdictions that administer such tax.

Color Accuracy and Hardcopy Proofs

The Web Shop will reproduce colour from submitted print-ready files as closely as possible, but cannot exactly match colour and density because of limitations in the printing process, as well as neighbouring image ink requirements.

The accuracy of each colour reproduction (of the final printed product) is guaranteed to be within 90% of the final proof you approved or The Web Shop will reprint your job at no charge. Please note that The Web Shop cannot guarantee colour reproduction for your print-ready files if you: (a) did not request a hardcopy proof; or (b) purchased a product that does not feature a hardcopy proof option. Please note that we accept no responsibility for colour variations between submitted print-ready images and the actual artwork or product they represent. For guidelines, visit our Help Centre.

If you need to update your file, you may receive up to two additional rounds of your hardcopy proof. If need additional rounds of your hardcopy proof, there will be an extra charge.

Artwork Files

You are responsible for the accuracy of your print-ready artwork files, and you must proofread all files carefully before submitting to The Web Shop. Please use our design guidelines to assist you in creating print-ready files. We also offer design services for a fee.

You certify that you have the right to use the image(s) in your artwork files. DO NOT send any “one-of-kind” transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.

Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. The Web Shop is unable to print sexually explicit materials, including photographic genitals, violently explicit materials, and speech promoting hate or violence.

Alterations

The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The customer also agrees that The Web Shop holds no responsibility for any amendments made by any third party, before or after a design is published.

Miscellaneous

All sales are final, unless otherwise noted. No refunds are given once The Web Shop begins working on your order, which means The Web Shop has received your necessary materials (i.e., digital files and payment) and started work on your job (i.e., your job is in production).

Orders not sent to our printing presses within 90 days are available for a partial refund upon request. For example, orders may of been designed and not printed, and the design portion of the order will not be available for a refund. After 90 days, orders are not available for a refund.

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, The Web Shop will need formal notification in writing to the company’s email address. The client will then be invoiced for all work completed that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by The Web Shop within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Please note that your printed product or images used for your printed product may be used in marketing material.

In no event will The Web Shop be liable for any indirect, special, consequential, incidental, exemplary, or other damages whether or not The Web Shop has been advised of the possibility of such loss or damage. The Web shop’s entire liability under, for breach of, or arising out of providing the services hereunder, is limited to a refund of the fees paid for the product or service that gave rise to the claim. In no event shall the Web shop be liable for your cost of procuring substitute goods.

You will defend and hold The Web Shop harmless in any claim, suit or action brought against The Web Shop by others for alleged damages, costs, expenses (including reasonable attorney’s fees), liabilities or losses resulting from circumstances where The Web Shop, acting as your agent, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in The Web Shop’s sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a claim, suit or action brought against The Web Shop for actions of your employees which may occur as a result of any mailing.

Section B

General Terms and Conditions

Copyright Notice

You, the User, acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, “Content”) are intellectual property and copyrighted works of The Web Shop and/or various third-party providers (“Providers”). Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the copyright laws of South Africa.

Corporate Identification and Trademarks

“The WebShop”, “thewebshop.com”, and any and all other marks appearing on this Site are trademarks of The Web Shop in South Africa and other jurisdictions (“Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without The Web Shop’s prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited. The Web Shop prohibits the use of Trademarks as a “hot” link on, or to, any other Web site unless establishment of such a link is pre-approved by The Web Shop in writing.

Use Restriction

You may only use this Site to make legitimate requests to purchase the products or services offered (each, a “Request”), and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site, unless specifically permitted by The Web Shop. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your user information (if applicable) in order to keep it current, complete and accurate.

It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.

Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without The Web Shop’s prior written consent is prohibited.

Email

We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future The Web Shop programs. Also, please remember that you are responsible for whatever material you submit and that you, not The Web Shop, have full responsibility for any message that you send, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any, and all, rights to materials and ideas submitted to us become the exclusive property of The Web Shop.

Privacy

You confirm that you have read, understood and agree to the The Web Shop Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by The Web Shop, its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in The Web Shop Privacy Policy. If you are not a resident of South Africa, please note that the personal information you submit to the Site will be transferred to South Africa and processed by The Web Shop in order to provide this Site and its services to you, or for such other purposes (as set forth in the Privacy Policy).

Disclaimer of Warranty

The site and its content are provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that operation of the site may not be uninterrupted or error free.

General Limitation of Liability

To the fullest extent permitted by law, in no event shall The Web Shop, including its respective officers, directors, employees, representatives, or affiliates (collectively, the “covered parties”), be liable for any injury, death, loss, claim, damage, act of god, accident, delay, or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arise out of or are in any way connected with any use of this site or with any delay or inability to use this site, or for any information, software, products or services obtained through this site, even if a party has been advised of the possibility of such damages.

If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, the User agrees that the liability of any such party shall in no event exceed the fee or charge to the User assessed by The Web Shop for making a Request.

Indemnification

You agree to defend, indemnify and hold harmless The Web Shop and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site. You also certify that you own rights to or have a license to use the image(s) being reproduced as part of your order.

Third Parties

If you use this Site to submit Requests for or on behalf of a third party (“Third Party”), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.

Each User using this Site for, or on behalf, of a Third Party agrees to indemnify and hold each Covered Party harmless from, and against, any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party’s or the User’s failure to fulfill any of its obligations as described (above). The User is directly responsible for any Request submitted, including related fees, charges and performance obligations.

User Comments, Feedback and Other Submissions

All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, “Comments”), shall become and remain the exclusive property of The Web Shop. The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

Links to other Web sites and Services

To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources. The outside services and resources are in no way related to The Web Shop, and are neither its employees nor agents.

Termination of Usage

User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.

Miscellaneous

The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.

None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control.

Entire Agreement

These Terms and Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the “Agreement”) between you and each Covered Party relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

Governing Law

The laws of South Africa shall govern the performance of these Terms and Conditions. You consent to the exclusive jurisdiction and venue of the courts located in Durban, South Africa for all disputes arising out of, or relating to, the Terms and Conditions and use of this Site.

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