These Terms and Conditions govern all quotations, sales, supply of goods, services, and use of the website operated by Brands Up (Pty) Ltd (“the Company”).

By accepting a quotation, placing an order, or purchasing goods from the Company, the Customer agrees to be bound by these Terms and Conditions.

1. Definitions

For purposes of these Terms:

“Company”
Brands Up (Pty) Ltd.

“Customer”
Any natural person, company, close corporation, partnership, trust, or other legal entity purchasing goods or services from the Company.

“Goods”
All products supplied by the Company including, but not limited to, promotional merchandise, corporate gifts, apparel, branded products, imported products, and related services.

“Order”
Any written, electronic, or verbal instruction placed by the Customer requesting supply of goods or services.

“Artwork”
Any logo, design, branding, layout, or artwork supplied by the Customer for reproduction on goods.

“Website”
The Brands Up website and any associated online ordering platforms.

2. Application of Terms

2.1 These Terms and Conditions apply to all transactions between the Company and the Customer.

2.2 Any terms proposed by the Customer which conflict with these Terms shall not apply unless expressly agreed to in writing by the Company.

2.3 No employee or representative of the Company has authority to alter these Terms unless confirmed in writing by authorised management.

2.4 These Terms apply to all quotations, orders, deliveries, and supply of goods by the Company.

3. Quotations

3.1 All quotations are:

• valid for seven (7) days from date of issue unless stated otherwise;
• subject to stock availability and supplier confirmation.

3.2 Quotations may be withdrawn or revised prior to acceptance due to:

• supplier price changes
• exchange rate fluctuations
• freight cost increases
• import duties or taxes.

3.3 Prices listed on the website, catalogues, or marketing material are indicative only and do not constitute a binding offer.

4. Orders and Acceptance

4.1 A Customer order constitutes an offer to purchase.

4.2 An order becomes binding only when the Company:

• confirms the order in writing; and/or
• receives the required deposit or full payment.

4.3 The Company reserves the right to:

• refuse any order;
• cancel orders where stock is unavailable;
• limit quantities supplied.

4.4 Payment of a deposit does not guarantee product availability until confirmed by the Company’s suppliers.

4.5 Orders for customised or branded goods may not be cancelled once production has commenced.

5. Minimum Quantities and Production Variances

5.1 Products may be supplied subject to minimum order quantities.

5.2 In accordance with standard manufacturing practices, the Company may deliver up to 5–10% over or under the ordered quantity.

5.3 The Customer will be invoiced for the actual quantity supplied.

5.4 Slight variations in colour, material, finish, or size between samples, catalogue images, digital artwork, and delivered goods are considered normal manufacturing tolerances.

6. Pricing and Currency Adjustments

6.1 All prices are quoted in South African Rand (ZAR) unless otherwise stated.

6.2 Prices are subject to change due to:

• exchange rate movements
• freight increases
• supplier adjustments.

6.3 Where imported goods are affected by currency fluctuations exceeding 5% between quotation and order placement, the Company reserves the right to adjust pricing accordingly.

7. Payment Terms

7.1 Unless otherwise agreed in writing:

• 50% deposit payable upon order confirmation.
• Balance payable prior to delivery or collection.

7.2 Accepted payment methods:

• Electronic Funds Transfer (preferred)
• Credit card (processing fee may apply)
• Cash payments where permitted.

7.3 Goods remain the property of the Company until paid in full.

7.4 The Company may charge interest on overdue accounts at 2% above the prime overdraft rate charged by its bankers.

7.5 The Customer shall be responsible for all collection costs including attorney-and-client legal fees.

7.6 The Customer shall not withhold payment due to minor branding, colour, or production variances.

8. Credit Accounts

8.1 Credit facilities may be granted at the Company’s sole discretion.

8.2 The Company reserves the right to:

• withdraw credit facilities at any time;
• reduce credit limits;
• require additional security or guarantees.

8.3 Should the Customer exceed approved credit limits, the Company may suspend supply until payment is received.

9. Delivery and Risk

9.1 Delivery dates are estimates only and not guaranteed.

9.2 The Company shall not be liable for delays caused by:

• suppliers
• shipping carriers
• customs clearance
• force majeure events.

9.3 Risk in the goods passes to the Customer upon:

• delivery to the Customer; or
• delivery to the Customer’s nominated courier.

9.4 Signed delivery documentation constitutes proof of delivery.

9.5 Claims for damaged or missing goods must be submitted within 24 hours of receipt.

10. Collection of Goods

10.1 Goods must be collected within 10 working days after notification.

10.2 Goods remaining uncollected for 30 days may be:

• resold
• disposed of
• placed in storage at the Customer’s expense.

11. Artwork and Branding

11.1 Production will only commence once the Customer provides written artwork approval.

11.2 The Customer is responsible for verifying:

• spelling
• layout
• colours
• sizing
• positioning.

11.3 The Company shall not be liable for errors contained in approved artwork.

11.4 Due to production processes, minor variations in:

• logo placement
• colour tone
• alignment
• finish

may occur and shall not constitute a defect.

11.5 Pantone colour matching will be attempted but exact colour reproduction cannot be guaranteed across different materials.

11.6 Branding durability may vary depending on:

• product material
• usage conditions
• environmental exposure.

12. Intellectual Property

12.1 The Customer warrants that it holds all rights to any artwork supplied.

12.2 The Customer indemnifies the Company against any claims relating to copyright, trademark, or intellectual property infringement.

12.3 Logos displayed on the website are examples only and do not imply endorsement.

13. Imported Products

13.1 Certain products are specially imported for the Customer.

13.2 Imported goods are considered final sale items.

13.3 No returns will be accepted for:

• change of mind
• incorrect colour or size selection
• surplus stock.

13.4 Branded products cannot be returned or refunded.

14. Returns and Defective Goods

14.1 Claims for defective goods must be made within 24 hours of delivery.

14.2 The Company may, at its discretion:

• replace defective items; or
• issue a credit note.

14.3 Liability shall not exceed the purchase value of the goods concerned.

15. Cancellation of Orders

15.1 Orders cannot be cancelled once:

• production has commenced; or
• goods have been ordered from suppliers.

15.2 Any cancellation prior to this stage may be subject to administration or supplier cancellation fees.

16. Limitation of Liability

To the maximum extent permitted by law:

The Company shall not be liable for indirect, consequential, or special damages.

Liability shall be limited to the value of the order concerned.

17. Indemnity

The Customer indemnifies the Company against all losses or damages arising from:

• use of the goods supplied
• reproduction of Customer-supplied artwork
• misuse or modification of the products.

18. Force Majeure

The Company shall not be liable for delays or non-performance caused by events beyond its control including:

• natural disasters
• labour strikes
• civil unrest
• supplier failure
• shipping disruption
• power outages.

19. Consumer Protection Act

Where the Customer qualifies as a consumer under the Consumer Protection Act (CPA), the provisions of the CPA shall apply.

Where the Customer is a juristic person with asset value or turnover exceeding the CPA threshold, the CPA shall not apply.

20. POPIA and Data Protection

The Company processes personal information in accordance with the Protection of Personal Information Act (POPIA).

Customer information will only be used for:

• order fulfilment
• invoicing
• delivery
• legitimate business communication.

21. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the Republic of South Africa.

The Customer consents to the jurisdiction of the Magistrate’s Court, notwithstanding that the claim may exceed its jurisdiction.

22. Entire Agreement

These Terms constitute the entire agreement between the parties.

No variation shall be valid unless recorded in writing and signed by both parties.

This document confirms the Customer’s approval of all branding and artwork for any order placed.

1. Artwork Approval

The Customer confirms that the artwork, proof, mock-up, or visual representation supplied by Brands Up has been reviewed and approved.

The Customer acknowledges that the approved artwork accurately reflects:

• spelling and wording
  • logo placement and positioning
  • colour selection
  • layout and sizing
  • overall design appearance.

2. Customer Responsibility

The Customer accepts full responsibility for verifying the accuracy of all approved artwork prior to production.

Once approval is granted, Brands Up will proceed with production exactly as approved.

3. Production Variances

The Customer acknowledges that due to manufacturing and branding processes, minor variations may occur in:

• colour reproduction
  • logo positioning
  • alignment
  • print density or finish.

Such variations are considered normal industry tolerances and do not constitute defects.

4. Pantone and Colour Matching

While Brands Up will make reasonable efforts to match colours, exact Pantone colour reproduction cannot be guaranteed across different materials or printing processes.

5. Irrevocable Production Authorisation

By reading this, the Customer authorises Brands Up to commence production.

Once production has commenced, the order may not be cancelled, amended, or reversed.

6. Liability Waiver

The Customer waives any claim against Brands Up for errors contained in the artwork that was approved by the Customer.

This document governs the use of artwork supplied by the Customer to Brands Up for reproduction on products.

1. Ownership of Artwork

The Customer confirms that all artwork, logos, trademarks, images, text, or other materials supplied to Brands Up are either:

• owned by the Customer, or
  • used with the full authorisation of the intellectual property owner.

2. Authority to Reproduce

The Customer grants Brands Up the right to reproduce, modify, resize, and apply the supplied artwork for the sole purpose of producing the ordered goods.

3. Intellectual Property Indemnity

The Customer indemnifies and holds harmless Brands Up, its directors, employees, and agents from any claims, damages, costs, or legal actions arising from:

• copyright infringement
  • trademark infringement
  • intellectual property disputes
  • unauthorised use of logos or branding.

4. Third-Party Claims

Should any claim be made against Brands Up arising from the use of Customer-supplied artwork, the Customer agrees to:

• defend the claim;
  • indemnify Brands Up against all costs;
  • reimburse all legal expenses incurred.

5. Limitation of Liability

Brands Up shall not be liable for any damages or losses arising from the reproduction of artwork supplied or approved by the Customer.

This agreement forms part of the commercial terms under which Brands Up supplies goods and services.

1. Payment Obligation

The Customer agrees that all invoices issued by Brands Up shall be paid in full and on the due date stated on the invoice.

2. No Set-Off

The Customer shall not deduct, set-off, or counterclaim any amount allegedly owed by Brands Up against any payment due.

3. No Withholding

Payment may not be withheld due, but not limited to:

• disputes regarding product quality
  • branding variations
  • delivery delays
  • alleged damages or losses or shortages
  • claims relating to artwork or colour reproduction

Any dispute must be resolved separately from payment obligations.

4. Payment Pending Disputes

In the event of a dispute, the Customer agrees that all outstanding invoices remain payable in accordance with the agreed payment terms.

5. Breach

Failure to comply with this agreement shall constitute material breach of the commercial agreement, entitling Brands Up to:

• suspend further supply;
  • cancel outstanding orders;
  • institute legal proceedings for recovery of the outstanding amounts.

6. Legal Costs

The Customer agrees to be liable for all legal costs on the attorney-and-client scale incurred by Brands Up in recovering overdue amounts.

1. Industry Manufacturing Standards

Promotional merchandise is produced using various industrial processes including:

• screen printing
  • pad printing
  • digital transfer printing
  • embroidery
  • laser engraving

These processes inherently allow minor production variations.

2. Branding Placement Tolerance

Logo placement may vary slightly due to:

• product shape
  • material flexibility
  • machine calibration
  • manual alignment

Such variations are considered normal industry tolerance.

3. Colour Reproduction

Colour reproduction may vary due to:

• substrate material
  • ink absorption
  • fabric dyes
  • lighting conditions

Exact Pantone matching is not guaranteed unless specifically agreed in writing.

4. Sample vs Production Variation

Pre-production samples are intended to demonstrate general appearance only.
Final production may differ slightly.

5. Acceptable Production Variance

A production variance of up to 5% in quantity or minor cosmetic variation shall not constitute grounds for rejection of the order.

6. Claims

Claims will only be considered where defects materially affect the functionality of the product.

Cosmetic or tolerance variations shall not constitute a valid claim.

1. INTRODUCTION

1.1 This Privacy Policy governs the manner in which Brands Up (Pty) Ltd (“BrandsUp”, “we”, “our” or “us”) collects, processes, stores and protects personal information obtained through the use of our website, services and commercial transactions.

1.2 BrandsUp is committed to protecting the privacy of users and customers in accordance with the Protection of Personal Information Act, 4 of 2013 (“POPIA”) and other applicable South African laws.

1.3 By accessing this website, submitting personal information, requesting quotations, placing orders, approving artwork or otherwise transacting with BrandsUp, you acknowledge that you have read, understood and agree to the terms of this Privacy Policy.

1.4 This Privacy Policy must be read together with the following BrandsUp documents which collectively govern the relationship between BrandsUp and its customers:

• Terms and Conditions of Sale and Website Use
• Branding Acceptance and Approval Waiver
• Client-Supplied Artwork Indemnity
• No Set-Off and No Withholding of Payment Agreement

2. DEFINITIONS

For the purposes of this Policy:

2.1 “Personal Information” means information relating to an identifiable natural or juristic person as defined in POPIA.

2.2 “Processing” means the collection, recording, organisation, storage, updating, dissemination or destruction of personal information.

2.3 “User” or “Customer” means any person or entity accessing the BrandsUp website or engaging in commercial transactions with BrandsUp.

3. INFORMATION COLLECTED AND WEBSITE USAGE

3.1 Automatic Information Collection

When a user browses the BrandsUp website, certain information may be automatically collected for operational and analytical purposes. This may include:

• Internet Protocol (IP) address
• Domain name of the user’s internet service provider
• Browser type and operating system
• Date and time of website access
• Pages viewed and services accessed
• Referring website addresses

3.2 The information described above does not identify individual users personally and is used solely to analyse website traffic, improve website functionality and enhance user experience.

4. PERSONAL INFORMATION PROVIDED VOLUNTARILY

4.1 Personal information may be collected when users voluntarily provide such information to BrandsUp, including but not limited to when a user:

• submits enquiries through website forms
• requests quotations
• subscribes to newsletters or marketing communications
• enters competitions or promotions
• submits credit applications
• places orders for products or services
• communicates with BrandsUp via email or other electronic means.

4.2 Personal information collected may include:

• name and surname
• company name
• contact details
• email address
• telephone number
• delivery and billing addresses
• transaction information
• any other information voluntarily provided.

4.3 BrandsUp processes such information solely for legitimate commercial purposes including:

• responding to enquiries
• processing orders and transactions
• providing customer support
• administering accounts
• improving services and website functionality
• marketing and promotional communications.

5. DISCLOSURE OF PERSONAL INFORMATION

5.1 BrandsUp may disclose personal information to third parties where necessary to conduct normal business operations.

5.2 Such third parties may include:

• logistics and courier service providers
• payment processing providers
• IT and website service providers
• marketing service providers
• credit bureaus and credit insurers
• professional advisors including auditors, attorneys and accountants.

5.3 These service providers are contractually required to maintain confidentiality and to process personal information solely for the purposes for which it is provided.

5.4 BrandsUp may disclose personal information if required to do so by law, court order, regulatory authority or legal process.

6. TRANSACTION AND PAYMENT INFORMATION

6.1 When customers purchase products or services from BrandsUp, certain information may be required to process the transaction, including:

• billing information
• delivery information
• payment details.

6.2 Payment transactions processed through the website may be handled by secure third-party payment gateways.

6.3 BrandsUp does not store full credit card details and takes reasonable steps to ensure that all payment information is transmitted using secure encryption protocols.

7. DATA SUBJECT RIGHTS

In accordance with POPIA, customers have the right to:

7.1 request access to personal information held by BrandsUp;

7.2 request correction or deletion of inaccurate, irrelevant or excessive personal information;

7.3 object to the processing of personal information for certain purposes;

7.4 withdraw consent for marketing communications at any time.

Requests must be submitted in writing using the contact details provided in Section 14.

BrandsUp may require verification of identity before providing access to or amending personal information.

8. COOKIES AND WEBSITE TRACKING

8.1 The BrandsUp website may use cookies and similar technologies to enhance user experience and analyse website traffic.

8.2 Cookies are small data files stored on a user’s device which allow the website to recognise repeat visitors and improve site functionality.

8.3 Cookies used by BrandsUp generally do not contain personally identifiable information unless voluntarily supplied by the user through account registration or form submissions.

8.4 Users may disable cookies through their browser settings, however certain website functionality may be limited as a result.

9. DATA SECURITY

9.1 BrandsUp takes reasonable technical and organisational measures to safeguard personal information against:

• unauthorised access
• loss or misuse
• destruction or alteration.

9.2 Access to personal information is restricted to authorised employees, agents and service providers who require such access for legitimate business purposes.

9.3 While BrandsUp endeavours to protect personal information, users acknowledge that no internet transmission is entirely secure, and BrandsUp cannot guarantee absolute security.

10. CHILDREN’S PRIVACY

10.1 The BrandsUp website is intended for general business use and is not directed at individuals under the age of eighteen (18).

10.2 BrandsUp does not knowingly collect personal information from minors.

10.3 If personal information relating to a minor is inadvertently collected, BrandsUp will take reasonable steps to delete such information promptly.

11. THIRD-PARTY WEBSITES

11.1 The BrandsUp website may contain links to third-party websites for convenience.

11.2 BrandsUp does not control and is not responsible for the privacy practices, policies or content of such external websites.

11.3 Users who access third-party websites do so at their own risk and are advised to review the privacy policies applicable to those websites.

12. RETENTION OF PERSONAL INFORMATION

12.1 BrandsUp will retain personal information only for as long as necessary to fulfil the purposes for which it was collected or as required by applicable law.

12.2 Personal information may also be retained for:

• accounting and taxation requirements
• dispute resolution
• legal compliance.

13. AMENDMENTS TO THIS POLICY

13.1 BrandsUp reserves the right to amend or update this Privacy Policy at any time.

13.2 Updated versions will be published on the BrandsUp website and will take effect immediately upon publication unless otherwise stated.

13.3 Users are encouraged to review this policy periodically.

14. CONTACT INFORMATION

Any questions, requests or complaints relating to this Privacy Policy or the processing of personal information may be directed to:

Brands Up (Pty) Ltd

Email: info@brandsup.co.za
Telephone: +27 (0)10 065 1680

BrandsUp will investigate all complaints relating to the processing of personal information and will endeavour to resolve such matters promptly and in accordance with applicable law.

Where a complaint cannot be resolved internally, the complainant may refer the matter to the Information Regulator of South Africa in accordance with POPIA.

Effective Date: 1 March 2026