TERMS AND CONDITIONS

OF:
Total Marketing Solutions (TMS) Pty Ltd
in Blackheath, City of Cape Town, South Africa

hereinafter referred to as: the company

Article 1. Definitions
Article 2. Applicability of these terms
Article 3. The Offer
Article 4. The Agreement
Article 5. Fulfilment of the agreement
Article 6. Amendment of the agreement
Article 7. Right of withdrawal
Article 8. Cost in case of revocation
Article 9. Exclusion right of withdrawal
Article 10. Confidentiality
Article 11. Deficiencies; complaint deadlines
Article 12. Payment
Article 13. Obligations of the Consumer
Article 14. Liability
Article 15. Force majeure
Article 16. Settlement of disputes
Article 17. Applicable law

Article 1. Definitions
These terms and conditions include:
• The company: the natural or legal entity offering products and/or services to consumers through a (remote) agreement;
• Consumer: The natural person who does not act in the name of any profession or business that makes a remote agreement with the company;
• Remote agreement: An agreement for selling products and/or services that comes about using one or more remote selling systems applied by the company.

Article 2. Applicability of these terms
2.1 These Terms and Conditions apply to any offer and any agreement between the company and a consumer
2.2 The present terms and conditions shall also apply to all agreements with the company for the execution of which third parties are to be involved.

Article 3. The Offer
3.1 All offers by the company are non-binding, unless the offer has been termed a term for acceptance.
3.2 The offers made by the company are non-binding; They are valid for 15 days unless otherwise indicated. The company is only bound to the bids if the acceptance by the other party is confirmed in writing within 15 days.
3.3 The prices in the quotations mentioned are inclusive of 15% VAT unless otherwise stated.
3.4 The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the company uses images, they are a true and fair view of the products and/or services offered unless otherwise stated. Apparent errors or manifest errors in the offer do not bind the company.

Article 4. The Agreement
4.1 The agreement is concluded when the consumer has accepted the offer and complies with the specified conditions of purchase.
4.2 If the consumer has accepted the offer by electronic means, the company immediately confirms receipt of acceptance of the offer by electronic means. As long as the receipt of this agreement is not confirmed by the company, the consumer can terminate the agreement.
4.3 If the agreement is established electronically, the company will take appropriate technical and organizational measures to secure the electronic data transfer and ensure a secure web environment. If the consumer can pay electronically, the company will take appropriate safety measures.
4.4 The company can, within legal frameworks, inform whether the consumer is able to meet its payment obligations, as well as all the facts and factors that are relevant for the accountability of the remote agreement. If, on the basis of this investigation, the company has reasonable grounds for not entering into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution.

Article 5. Fulfilment of the agreement
5.1 The company will fulfil the agreement to their best insight and ability and in accordance with the requirements of good workmanship.
5.2 If and to the extent that a proper fulfilment of the agreement requires this, the company has the right to subcontract certain work to third parties.
5.3 The company is not liable for any damage whatsoever due to the company’s assumption of incorrect and / or incomplete information provided by the consumer, unless this incorrectness or incompleteness should be known to her.

Article 6. Amendment of the agreement
6.1 If during the execution of the agreement it appears that for proper fulfilment it is necessary to amend the order, the parties will amend the agreement in a timely manner and by mutual agreement.
6.2 If parties agree that the agreement is being amended or supplemented, the time of completion of the fulfilment may be affected. The company will inform the consumer as soon as possible.
6.3 If the amendment or addition to the agreement has financial and / or qualitative consequences, the company will inform the consumer in advance.
6.4 If a fixed fee has been agreed upon, the company will indicate to what extent the amendment or addition of the agreement results in an overrun of this fee.
6.5 By way of deviation from paragraph 3, the company will not be able to charge additional costs if the change or addition is the result of circumstances that can be attributed to it.

Article 7. Right of withdrawal
7.1 When purchasing products, the consumer has the opportunity to dissolve the agreement without giving reasons for 7 days. This term will start on the day after receipt of the product by the consumer or a pre-appointed representative of the consumer, if notified to the company.
7.2 During the cooling-off period, consumers will carefully handle the product and the packaging. He will only extract or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories to the company in its original condition and packaging in accordance with the reasonable and clear instructions provided by the company.

Article 8. Cost in case of revocation
8.1 If the consumer makes use of his right of withdrawal, where the consumer will be responsible for the return costs at most.
8.2 In case the consumer has paid an amount, the company will repay this amount as soon as possible, though no later than 30 days after the return or revocation.

Article 9. Exclusion right of withdrawal
9.1 The company may exclude the right of withdrawal from the consumer to the extent as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the company has stated this clearly in the offer, at least before for the conclusion of the agreement.
9.2 Exclusion of the right of withdrawal is only possible for products:
a. Which are compiled by the company in accordance with consumer specifications;
b. which are clearly personal in nature;
c. which by their nature cannot be returned;
d. which have a perishable nature;
e. of which the price is subject to fluctuations in the financial market on which the company has no influence;
f. for single newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal;
h. which are intended to be used on or in the body.

Article 10. Confidentiality
Both parties are required to maintain confidentiality of any confidential information they have obtained from one another or from any source under their agreement. Information is confidential if notified by the other party or if it is due to the nature of the information.

Article 11. Shipping, Returns & Refunds
11.1 The company will ship the order in a timely manner with estimated shipping times to be communicated during order confirmation.
11.2 In case any shipping fees will be charged by the company, this will be communicated during the order process to the consumer.
11.3 During the fulfilment of the order and the shipping process, the company might have to rely on third party services for which the company cannot be held liable for any damages over the value of the shipped goods.
11.4 Consumers are welcome to return goods within 7 days after receiving date, excluding any goods meeting conditions listed in article 9.2. Consumers will be responsible for any applicable shipping fees/duties associated with returning the goods to the company.
11.5 Subject to receiving returned goods in new condition by the company, the consumer is entitled to a full refund of the ordered goods minus any shipping fees.
11.6 Products will only be shipped after payment was received in full.

Article 12. Payment
13.1 Payment must be made within 7 days after the invoice date, or directly when placing the order, as specified by the company and in the currency in which it is invoiced.
13.3 In a situation of negligence by the consumer as described in paragraph 1, the company reserves the right to suspend services/order fulfilment with immediate effect without the company having any liability whatsoever in possible (in) direct damage to the consumer.

Article 13. Obligations of the Consumer
The Consumer is obliged to act in accordance with applicable laws and regulations and has acted in accordance with what can reasonably be expected of a responsible and careful Consumer.

Article 14. Liability
If the company is liable, then liability is limited as follows:
14.1 In the event that the insurer does not pay out or damages are not covered by the insurance, the liability of the company is limited to twice the invoice value of the contract, at least that part of the contract to which the liability applies.
14.2 The limitations of liability contained in these terms do not apply if the damage is due to intentional or gross negligence of the company or its subordinates.
14.3 The company is never liable for consequential damages.

Article 15. Force majeure
15.1 Force majeure is understood in these terms and conditions, in addition to what is understood by law and jurisprudence, as all outward causes, provided or unforeseen, to which the company cannot influence but which does not enable the company to fulfil its obligations.
15.2 The company also has the right to appeal to force majeure, if the circumstance that prevents (further) compliance occurs after the company has been obliged to comply.
15.3 During force majeure, the company obligations are suspended. If the period during which the company cannot fulfil their obligations due to force majeure exceeds 2 months, both parties are empowered to dissolve the agreement without any liability for damages.
15.4 If, at the time of force majeure, the company has already partially fulfilled its obligations or can only partially fulfil its obligations, it is entitled to invoice the already executed or executable part separately and the consumer is obliged to comply with this invoice as if it were a separate contract. However, this does not apply if the already executed or executable part does not have an independent value.

Article 16. Settlement of disputes
The court in the residence of the company is exclusively authorized to hear disputes unless the district court is considered competent. Nevertheless, the company has the right to sue her counterparty for the court competent under the applicable law.

Article 17. Applicable law
The South African law applies to any agreement between the company and the consumer.

Applicable is always the latest registered version or the version as it was at the time of the completion of the present agreement.