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TERMS & CONDITIONS

4KEEPSAKES ONLINE TERMS & CONDITIONS

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These Terms & Conditions apply to all quotations, orders, purchases and services provided by 4KeepSakes through our website, email, WhatsApp, telephone or physical premises.

By placing an order with 4KeepSakes Online, you confirm that you have read and accepted these Terms & Conditions.

 

1. Quotations and Orders

 

All quotations are valid for the period stated on the quotation.

A quotation becomes an order once it has been accepted by the customer and the applicable payment or deposit requirements have been met.

4KeepSakes reserves the right to correct genuine pricing, typographical or calculation errors.

All prices are stated in South African Rand. Unless specifically stated otherwise, prices exclude VAT.

 

2. Payment

 

Production will only commence once the payment requirements stated on the quotation or invoice have been met.

4KeepSakes Online may require full payment before production begins on customised, personalised or made-to-order products.

Orders may be placed on hold until the required payment has been received.

 

3. Customer-Supplied Artwork and Information

 

Customers are responsible for checking all artwork and information supplied to 4KeepSakes.

This includes, but is not limited to:

  • names;

  • spelling;

  • dates;

  • quantities;

  • sizes;

  • colours;

  • logos;

  • photographs;

  • wording; and

  • other customer-supplied information.

 

Where a proof is provided, the customer must carefully check and approve the proof before production.

Once artwork or a proof has been approved by the customer, 4KeepSakes Online may proceed with production based on that approval.

4KeepSakes Online is not responsible for errors contained in artwork or information supplied or approved by the customer, subject to any rights the customer may have under applicable law.

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4. Artwork, Copyright and Intellectual Property

 

The customer confirms that they have the necessary rights and permissions to use any artwork, logo, photograph, design, text or other intellectual property supplied to 4KeepSakes Online.

The customer is responsible for any copyright, trademark or other intellectual-property claims arising from material supplied by the customer.

Artwork or original designs created by 4KeepSakes Online remain the intellectual property of 4KeepSakes Online unless otherwise agreed in writing.

Payment of an artwork or design fee does not automatically transfer copyright or ownership of the underlying design to the customer.

 

5. Colour and Production Variations

 

Colours displayed on computer screens, mobile phones and other electronic devices may differ from colours produced by printing or manufacturing equipment.

Minor variations in colour, texture, positioning and finish may therefore occur.

Where exact colour reproduction is important, customers should request a physical proof before production.

 

6. Customised and Personalised Products

 

Many products supplied by 4KeepSakes Online are customised specifically for each customer.

These may include, among other things:

  • engraving;

  • laser cutting;

  • printing;

  • signage;

  • branded products;

  • personalised gifts;

  • wedding stationery and décor;

  • stickers;

  • cake toppers;

  • customised décor; and

  • products manufactured according to customer specifications.

 

Once production has commenced, these products generally cannot be cancelled or returned simply because the customer has changed their mind, subject to any rights provided by applicable law.

 

7. Products Sourced from Third-Party Suppliers

 

4KeepSakes Online may source products from third-party suppliers.

Supplier stock availability, pricing and estimated delivery dates may change.

Where an order depends on supplier availability, 4KeepSakes will communicate material delays or changes to the customer as soon as reasonably possible.

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8. Production Times

 

Production times are estimates and may vary depending on:

  • the type of product;

  • order quantity;

  • artwork approval;

  • product availability;

  • supplier lead times;

  • production requirements;

  • seasonal demand; and

  • circumstances outside our reasonable control.

The estimated production or delivery period will be communicated to the customer where applicable.

 

9. Delivery

 

Delivery arrangements and costs will be communicated to the customer before the order is finalised.

Delivery times may be affected by courier delays, weather, public holidays, traffic, remote-area delivery and other circumstances outside the reasonable control of 4KeepSakes Online.

Please refer to our Shipping & Delivery Policy for further information.

 

10. Defective, Damaged or Incorrect Products

 

Customers should inspect their order as soon as reasonably possible after receiving it.

If an order is defective, damaged, incomplete or materially different from what was ordered, the customer should contact 4KeepSakes Online as soon as reasonably possible and provide photographs and details of the problem.

4KeepSakes Online will assess the complaint and provide the applicable remedy in accordance with South African consumer law.

Nothing in these Terms & Conditions excludes or limits a consumer right that cannot lawfully be excluded or limited.

 

11. Consumer Rights

 

4KeepSakes Online respects the rights of consumers under applicable South African legislation, including the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002.

The Consumer Protection Act provides, among other protections, an implied warranty of quality for goods. In qualifying circumstances, defective goods may be returned within six months and the consumer may be entitled to a repair, replacement or refund.

 

12. Website Information

 

4KeepSakes Online makes reasonable efforts to ensure that information displayed on the website is accurate.

Product photographs are for illustrative purposes and actual products may vary slightly in appearance, colour or finish.

 

13. Changes to These Terms

 

4KeepSakes Online may update these Terms & Conditions from time to time.

The Terms & Conditions applicable to an order will generally be those in effect when the order is accepted.

 

14. Contact

 

If you have any questions regarding these Terms & Conditions, please contact 4KeepSakes Online using the contact details provided on our website.

 

2. REFUND, RETURNS & CANCELLATION POLICY

4KEEPSAKES ONLINE REFUND, RETURNS & CANCELLATION POLICY

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At 4KeepSakes Online, many products are customised, personalised, engraved, printed or manufactured specifically for each customer. Our cancellation and returns process therefore depends on the type of product and the stage of the order.

 

1. Cancelling an Order

Customers who wish to cancel an order should contact 4KeepSakes Online as soon as possible.

Cancellation requests must preferably be submitted in writing by email or WhatsApp.

A cancellation is only confirmed once 4KeepSakes has confirmed the cancellation in writing.

 

2. Orders Not Yet in Production

If an order has not yet entered production, 4KeepSakes Online will consider the cancellation request.

Where 4KeepSakes Online has already incurred costs relating to the order, including supplier, artwork, preparation or other non-refundable costs, these costs may be deducted where permitted by law.

 

3. Customised and Personalised Products

Products that have been customised, personalised, engraved, printed, branded or manufactured according to customer specifications cannot generally be cancelled or returned simply because the customer has changed their mind once production has commenced.

The Electronic Communications and Transactions Act provides a seven-day cooling-off right for qualifying electronic transactions, but specifically excludes certain goods made according to the consumer's specifications, clearly personalised goods and certain goods that cannot be returned by their nature.

This does not affect any other statutory consumer rights that may apply.

 

4. Products Specially Ordered from Suppliers

Where a product has been specially ordered from a supplier for a customer, cancellation may be subject to costs incurred by 4KeepSakes Online or the supplier.

Where applicable, these costs will be communicated to the customer.

Cancelled orders may attract a 15% handling fee, while returns of goods that have already been collected may attract a 25% handling fee and are subject to management discretion.

4KeepSakes Online may therefore recover applicable supplier costs from a customer where legally permissible and where such costs form part of the agreed order terms.

 

5. Customer Errors

Where a product has been produced according to information or artwork supplied or approved by the customer, including names, spelling, dates, colours, quantities or designs, 4KeepSakes Online will not normally be responsible for reproducing the order at its own cost where the error originated from the customer's information or approval.

This does not apply where the error was caused by 4KeepSakes Online.

 

6. Defective or Incorrect Products

If a product supplied by 4KeepSakes is defective, materially incorrect or does not correspond with the agreed order, please contact us as soon as possible.

We may request photographs or other information to assess the problem.

Where a valid defect or error is confirmed, 4KeepSakes Online will provide the appropriate remedy in accordance with applicable consumer law.

Under the Consumer Protection Act, qualifying defective goods may be returned within six months without penalty and at the supplier's risk and expense, with the consumer entitled to the applicable repair, replacement or refund remedy.

 

7. Refunds

Where a refund is approved, it will normally be processed using the original payment method where reasonably possible.

The time required for the refund to reflect may depend on the relevant bank or payment provider.

Where a refund is required by law, it will be processed within the applicable statutory period.

 

8. Unauthorised Returns

Products should not be returned without first contacting 4KeepSakes Online and receiving return instructions.

 

9. Cooling-Off Rights for Online Transactions

Where the Electronic Communications and Transactions Act provides a consumer with a cooling-off right, 4KeepSakes Online will honour that right.

The Act generally provides for cancellation without reason within seven days after receipt of goods, subject to the statutory exclusions and conditions. The direct cost of returning qualifying goods may be charged to the consumer.

 

3. SHIPPING & DELIVERY POLICY

4KEEPSAKES ONLINE SHIPPING & DELIVERY POLICY

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4KeepSakes Online delivers products within South Africa using courier and other delivery services where available.

 

1. Delivery Options

Depending on the order, customers may choose from:

  • collection from 4KeepSakes Nelspruit;

  • courier delivery; or

  • another delivery method agreed with 4KeepSakes Online.

Available delivery options and applicable delivery charges will be communicated before the order is finalised.

 

2. Production and Delivery Times

Delivery consists of two separate stages:

Production Time
The time required by 4KeepSakes Online to prepare and complete the order.

Courier Delivery Time
The time required by the courier or delivery service to deliver the completed order.

Production times vary depending on the type and quantity of products ordered.

Customised, personalised and branded products may require additional production time.

 

3. Supplier Products

Where products need to be sourced from a third-party supplier, the delivery time will also depend on supplier availability.

Supplier estimated arrival dates are not necessarily guaranteed.

Amrod, for example, describes supplier ETAs as estimated arrival dates and notes that incoming stock dates may change.

If a significant supplier delay affects your order, 4KeepSakes will communicate this to you as soon as reasonably possible.

 

4. Courier Delivery

Courier delivery times are estimates and may be affected by circumstances outside the reasonable control of 4KeepSakes Online, including:

  • weather;

  • traffic;

  • public holidays;

  • remote-area delivery;

  • courier operational delays;

  • incorrect delivery information; or

  • unforeseen logistical circumstances.

 

5. Delivery Address

Customers are responsible for providing a complete and accurate delivery address and contact number.

Where additional delivery costs arise because an incorrect or incomplete address was supplied, the customer may be responsible for those additional costs, where legally permissible.

 

6. Damaged Parcels

Customers should inspect their parcel as soon as reasonably possible after delivery.

If the packaging or product appears damaged, please photograph the packaging and product before disposing of any packaging material and contact 4KeepSakes Online as soon as possible.

 

7. Missing or Incorrect Items

If an item is missing or an incorrect item has been delivered, please contact 4KeepSakes Online with your order or invoice number and, where appropriate, photographs of the items received.

We will investigate the matter and provide the appropriate remedy.

 

8. Collection

Customers may collect orders from 4KeepSakes Nelspruit where collection has been arranged.

Where an order is collected by a courier or another person on behalf of the customer, the customer is responsible for providing the correct collection instructions.

 

9. Delayed Orders

If an order cannot be completed within the agreed delivery or production period, 4KeepSakes Online will communicate with the customer and, where applicable, provide the customer with the options available under applicable law.

 

4. PRIVACY & POPIA POLICY

4KEEPSAKES ONLINE PRIVACY POLICY

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4KeepSakes Online respects your privacy and is committed to protecting your personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA).

This Privacy Policy explains what personal information we may collect, why we collect it and how we use and protect it.

 

1. Personal Information We May Collect

Depending on how you interact with 4KeepSakes Online, we may collect:

  • name and surname;

  • company name;

  • telephone or mobile number;

  • email address;

  • billing address;

  • delivery address;

  • order information;

  • payment and transaction information;

  • artwork and files supplied for production;

  • photographs or other information supplied for an order;

  • correspondence with 4KeepSakes Online; and

  • other information reasonably required to provide our products and services.

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2. How We Use Personal Information

We may use personal information to:

  • provide quotations;

  • process orders;

  • manufacture and customise products;

  • communicate with customers;

  • process payments;

  • arrange deliveries;

  • provide customer support;

  • manage customer accounts;

  • maintain business and accounting records;

  • comply with legal and regulatory requirements;

  • resolve complaints and disputes; and

  • improve our products and services.

 

3. Customer Artwork and Files

Files supplied to 4KeepSakes may contain personal information, photographs, names, logos or other information relating to the customer or third parties.

Such files will be used primarily for the purpose for which they were supplied, including preparing and producing the customer's order.

Customers should ensure that they have the necessary permission to provide personal information or images relating to other people.

 

4. Sharing Personal Information

4KeepSakes Online will not sell your personal information.

We may share relevant personal information where reasonably necessary to fulfil an order, provide a service, comply with a legal obligation or conduct legitimate business activities.

This may include sharing information with:

  • courier and delivery companies;

  • payment service providers;

  • suppliers such as Amrod;

  • production or branding partners where necessary to fulfil an order;

  • website hosting and technology providers;

  • IT service providers;

  • accountants and professional advisers; and

  • government, regulatory or law-enforcement authorities where legally required.

 

5. Protection of Personal Information

4KeepSakes Online takes reasonable measures to protect personal information against loss, unauthorised access, misuse, alteration, disclosure or destruction.

We take reasonable steps appropriate to the nature of the information and the risks associated with processing it.

 

6. Retention of Personal Information

We retain personal information for as long as reasonably necessary for the purpose for which it was collected, to fulfil our contractual and legal obligations, to maintain appropriate business records, or where otherwise permitted by law.

 

7. Your Rights

Subject to applicable law, you may have the right to:

  • request confirmation of whether 4KeepSakes Online holds personal information about you;

  • request access to personal information held about you;

  • request correction of inaccurate or incomplete information;

  • request deletion where legally applicable;

  • object to certain processing;

  • withdraw consent where processing is based on consent; and

  • lodge a complaint regarding the processing of your personal information.

POPIA provides data subjects with rights relating to access to and correction of personal information.

 

8. Direct Marketing

Where 4KeepSakes Online sends promotional communication electronically, we will do so in accordance with applicable South African law.

Customers may request that promotional communication be stopped.

 

9. Cookies

Our website may use cookies and similar technologies for purposes such as:

  • website functionality;

  • security;

  • analytics;

  • improving website performance; and

  • improving the user experience.

The exact cookies used will depend on the website platform and third-party services integrated with the website.

 

10. Third-Party Websites and Services

Our website may contain links to third-party websites or use third-party services.

4KeepSakes Online is not responsible for the privacy practices or content of third-party websites.

Customers should review the privacy policies of third-party services where appropriate.

 

11. Payment Information

Where payments are processed through a third-party payment provider, payment information may be processed directly by that provider in accordance with its own security and privacy policies.

4KeepSakes Online will only use payment information for legitimate business and transaction purposes.

 

12. Privacy Enquiries

If you have questions about this Privacy Policy or wish to exercise a right relating to your personal information, please contact 4KeepSakes Online using the contact details provided on our website.

 

13. Changes to This Privacy Policy

4KeepSakes Online may update this Privacy Policy from time to time.

The latest version will be published on our website.

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