Terms & Conditions

The documents on this page govern all transactions, quotations, orders, supply of goods or services, and use of the website operated by Brands Up (Pty) Ltd (“BrandsUp”).

By accessing, browsing, using or interacting with this website, requesting a quotation, placing an order, approving artwork, purchasing goods or services, or transacting with BrandsUp in any manner, the User or Customer acknowledges that they have read, understood, and agree to be bound by all applicable Terms and Conditions contained in these documents.

A User does not need to purchase goods or services or become a Customer for the provisions relating to website use, intellectual property, automated access, scraping, data extraction, security and Website Content to apply.

These documents collectively form the complete commercial agreement between BrandsUp and the Customer and apply to all transactions unless expressly agreed otherwise in writing by authorised management of BrandsUp.

Customers and Users are advised to review these documents carefully.

If a Customer or User does not agree to these Terms and Conditions, they should not proceed with any quotation acceptance, order placement, artwork approval, transaction, or continued use of the BrandsUp website.

Terms and Conditions of Sale and Website Use

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

By accessing, browsing, using or interacting with the Website, requesting a quotation, accepting a quotation, placing an order, approving artwork, purchasing goods or services, or otherwise transacting with BrandsUp, the User or Customer agrees to be bound by these Terms and Conditions.

A User does not need to purchase goods or services or become a Customer for the provisions relating to Website use, intellectual property, automated access, scraping, data extraction, security and Website Content to apply.

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.

“User”
Any natural person, juristic person, organisation, automated system, software, bot, artificial intelligence agent, or other entity accessing, browsing, interacting with, or obtaining information from the Website.

“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 BrandsUp website and any associated online ordering platforms, webpages, product catalogues, and digital services operated by or on behalf of BrandsUp.

“Website Content”
All information, data, and material displayed, transmitted, stored, or made available through the Website including, without limitation, product information, product names, descriptions, codes, SKUs, variations, specifications, categories, pricing, branding information, stock or availability information, images, graphics, catalogues, downloadable files, metadata, databases, compilations, and the organisation or presentation of such information.

2. APPLICATION OF TERMS

2.1 These Terms and Conditions apply to all transactions between the Company and the Customer and to all access to and use of the Website.

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, supply of goods, Website access, and Website use.

2.5 Public availability of Website Content does not constitute permission to copy, extract, reproduce, scrape, harvest, republish, or commercially exploit that content.

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. WEBSITE ACCESS, SCRAPING AND AUTOMATED DATA COLLECTION

13.1 Permitted Use

Users may browse publicly accessible portions of the Website for legitimate purposes relating to BrandsUp’s products and services and may share links to publicly accessible Website pages.

Access to the Website does not grant any right or licence to systematically copy, extract, download, reproduce, republish, collect, harvest, aggregate, or commercially exploit Website Content.

13.2 Prohibition on Scraping and Automated Access

No person or entity may, without the prior written permission of authorised management of BrandsUp, use any automated, programmatic, or systematic method to access, search, monitor, copy, download, extract, collect, harvest, or reproduce Website Content.

Prohibited methods include, without limitation:

web scraping;
crawlers, spiders, robots, or bots;
automated browsers;
scripts;
data-mining or data-extraction software;
artificial intelligence agents;
automated API requests not expressly authorised by BrandsUp; and
any other automated data collection, retrieval, or extraction technology.

13.3 Protected Website Content

These restrictions apply to Website Content including, without limitation:

product names and product codes;
SKUs and variation information;
product descriptions and specifications;
product categories and categorisation;
pricing and pricing structures;
branding information and branding options;
stock and availability information;
images, photographs, and graphics;
catalogues and downloadable files;
product collections and relationships;
Website structure and organisation;
metadata;
databases and compilations;
search results; and
other information or data displayed or made available through the Website.

These restrictions apply whether such content is owned by BrandsUp, licensed to BrandsUp, supplied by a third party, or compiled, organised, adapted, or presented by BrandsUp.

13.4 Commercial Use and Competing Services

Without BrandsUp’s prior written permission, Website Content may not be extracted, copied, reproduced, republished, aggregated, distributed, sold, licensed, or otherwise used:

for unauthorised commercial purposes;
to populate another website, online store, marketplace, catalogue, application, or database;
to create, maintain, or enhance a competing product catalogue, website, platform, or service;
for automated price monitoring or price comparison;
for competitive intelligence through automated means;
for lead generation or marketing databases;
to reproduce BrandsUp’s product selection, catalogue structure, or categorisation; or
to develop, improve, or operate a competing product or service.

13.5 Artificial Intelligence and Machine Learning

Website Content may not, without BrandsUp’s prior written permission, be systematically collected, copied, downloaded, extracted, or otherwise used for:

training, fine-tuning, testing, or evaluating artificial intelligence or machine-learning models;
retrieval-augmented generation systems;
creating or enhancing datasets;
grounding artificial intelligence systems, assistants, or agents;
generating competing product catalogues, descriptions, or databases; or
other automated processing intended to derive commercial value from Website Content.

13.6 Circumvention of Technical Measures

Users may not attempt to circumvent, disable, interfere with, bypass, or avoid any technical measure implemented by BrandsUp to protect the Website or control access to Website Content.

This includes, without limitation:

rate limits;
CAPTCHA systems;
robots.txt directives;
bot-detection systems;
firewalls;
authentication requirements;
access restrictions; and
IP restrictions.

Users may not disguise, rotate, or manipulate IP addresses, user agents, accounts, proxies, or other identifiers for the purpose of avoiding these controls or continuing prohibited automated access.

13.7 Unauthorised Access and Website Interference

Users may not:

attempt to gain unauthorised access to the Website, servers, databases, accounts, or associated systems;
probe, scan, or test the security or vulnerability of the Website without written authorisation;
interfere with the proper operation of the Website;
impose an unreasonable or disproportionately large load on the Website or its infrastructure;
introduce malicious code, software, or other harmful material; or
attempt to disrupt the availability, integrity, or security of the Website or its data.

13.8 Search Engines

BrandsUp may permit bona fide public search engines to crawl publicly accessible portions of the Website solely for the purpose of creating publicly searchable indexes that direct users to BrandsUp.

Such permission does not extend to: