THE FINE PRINT
SALE OF GOODS
- Something Me or the Seller means Something Me CC and its employees, agents and assigns.
- The Customer means any person or entity that procures goods from Something Me.
- The Contract means this contract between the Customer and Something Me for the provision of Goods.
- Goods means the stationery old by Something Me as indicated in the order form.
- No price estimate shall be binding on the Seller until it has been expressly accepted by the Customer.
- The Seller reserves the right to increase prices if the cost of Goods increases due to any change of instructions or detail or, due to any failure by the Customer to provide sufficient details regarding aspects that affect the price of Goods.
- All prices are exclusive of value added tax (VAT) and if applicable this shall be charged by the Seller at the appropriate rate.
- Orders are subject to material availability at the time of placing the order. The Customer will select a suitable alternative in the event that specific materials cannot be sourced.
- A cancellation fee as communicated by the Seller will apply to cancelled orders and, the Seller reserves the right to charge for any costs incurred to cover supplies already purchased to complete the Customer’s order, including costs for any completed work done prior to cancellation.
- The Seller reserves the right to subcontract work.
- The Customer will be responsible for carefully reading and checking all artwork to ensure that correct spellings and grammar is used. All artwork must be signed off in writing by the Customer. Any omissions and mistakes will be rectified upon payment of such additional costs as may be required. To minimise errors, the Customer must supply all wording in electronic format.
- The Customer indemnifies the Seller for any loss, cost or expense incurred by the Seller as a result of the Customer’s instructions or lack of instructions preventing the Seller from timeously providing the Goods as required.
- In the event of a valid claim for defects or non-delivery of the Goods, the Seller shall either repair or replace the Goods concerned at its own expense or refund the price of the relevant Goods. The liability of the Seller to the Customer for any loss or damage of whatsoever nature and howsoever caused, shall be limited to and in no circumstance exceed the price of the Goods.
- The Seller will not be held responsible for production delays that are caused by circumstances beyond the Sellers control including but not limited to acts of God, power or load shedding or any national strikes. In such instances, the Seller shall be entitled to delay or cancel delivery or to reduce the amount of Goods delivered if and to the extent that it is prevented from fully supplying the Goods through circumstances beyond its control.
- The Customer shall not be entitled to exercise any set off, lien or any other similar right or claim.
- Risk and title in the Goods shall pass to the Customer upon delivery or collection of the Goods as the case may be.
- Unless otherwise agreed to in writing, all copyright and intellectual property rights subsisting in or attached to the Goods shall belong to the Seller and shall not be licensed or assigned to the Customer. Use of copyright material without the Seller’s permission will be an offence which may result in legal claims being instituted against the Customer.
- The Seller may display the Goods containing the Customer’s personal information as part of an in-store display, sample display, or website display. The Customer agrees that the Goods may be shared with any third party and/or company as required by the Seller.
- The Customer acknowledges that the Goods are handmade and as such, no two items will match precisely. With this in mind, the Seller shall use all reasonable endeavours to match Goods with samples supplied by the Customer.
- The Seller shall not be required to process any matter which in its opinion is or may be of an illegal nature or an infringement of the proprietary or intellectual property rights of any third party. This means that the Customer accepts full responsibility for ensuring permission has been granted to use all materials the Customer wishes to use (e.g. poems/hymns/figurines). The Seller shall be at liberty at any time to discontinue work pursuant to this Contract and the Customers’ instructions if in its opinion, such work may be illegal or infringing third party rights. In such circumstances the Customer shall be liable to pay the Seller for all work carried out and all materials purchased prior to the date of such discontinuance.
- The Customer agrees to indemnify and hold the Seller harmless from and against any and all losses, damages, liabilities, claims, demands, lawsuits, expenses and any other out-of-pocket costs including attorney’s fees and expenses that the Seller may incur or be liable for as a result of any claim, suit or proceeding made or brought against the Seller based upon or arising out of allegations of (i) the Seller’s violation of any copyright or trademark laws; (ii) allegations of the Seller’s violation of any person’s right to privacy and/or publicity; (iii) Customer’s violation of any copyright or trademark laws; (iv) Customer’s violation of any person’s right to privacy and/or publicity; (v) any claim arising out of any negligent or wrongful act of Customer; or (vi) any breach of these terms by Customer.
- Should the Customer require that a courier service is used for delivery of Goods, the Customer will bear the costs associated with the service. The cost will include packaging costs which will be charged for at cost. The final amount charged will depend on the weight and size of the parcel and the total courier and packaging charges will be added to the Customers’ final invoice.
- Whilst the Seller shall use all reasonable endeavours to ensure that safe and appropriate packaging and delivery methods are used, the Seller shall not be liable for any loss or damage to Goods in transit after the Goods have left the Sellers’ control. The Seller will not take responsibility for late delivery due to factors outside its control such as strikes. We recommend that the Customer takes out insurance for this purpose.
- Notwithstanding anything herein or elsewhere contained, the Seller shall not be liable to the Customer for any indirect or consequential loss or damages.
- No statement, description, information, warranty, condition or recommendation contained in any brochure, catalogue, price list, advertisement or communication or made verbally by any of the Sellers agents or employees shall be construed to enlarge vary or override in any way any of these conditions.
- The Sellers’ contact details may be printed discreetly on the back of invitations, order of service, thank you cards, menus or any other stationery ordered.
- In the event that the Seller has referred the Customer to other service providers/third parties, the Customer acknowledges and agrees that it is solely responsible for evaluating any goods and or services offered by such third parties and that the Seller will not be a party to or in any way responsible for any transactions between the Customer and such third parties.
- This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa without regard to any principles of conflict of laws that may direct the application of the laws of any other jurisdiction.
- The Parties agree that all disputes related to or arising out of or in connection with this Contract which cannot be resolved by mutual agreement between the Parties shall be finally resolved by arbitration according to the rules then in effect of the Arbitration Foundation of Southern Africa (AFSA). Such arbitration shall be held in Sandton, South Africa and conducted in the English language before a sole arbitrator selected by the Parties.
- Failure of the Seller to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its rights and remedies. If any provision of contained herein is deemed by a court to be unenforceable, the remainder of the terms and conditions shall remain in effect.
- The terms in this Contract shall apply to the exclusion of any other terms and conditions contained in or referred to in any other document sent by the Customer to the Seller and the provisions of these Conditions shall prevail unless expressly varied in writing and signed by the Seller.
- Entry into a competition is open to residents of countries specifically indicated by the competition rules.
- Something Me and/or a Promoter may publicise the competition on their websites as well as any other social media network, print media or advertising as deemed fit.
- Employees and the immediate families of Something Me or a Promoter and any third parties associated with a competition are not eligible to enter unless specifically indicated otherwise.
- Entrants must comply with these competition terms and conditions, together with any other specific conditions as may be applicable to each competition.
- Only one entry per person is allowed per entry period. Where more than one entry is lodged by the same person or email address, only the entry received first will be deemed valid.
- The winner of each competition will be decided on by Something Me and/or a Promoter, alternatively by a panel of judges duly appointed by Something Me and/or a Promoter.
- Something Me and/or a Promoter reserve the right to verify the validity of entries and to disqualify any entrant for tampering with the entry process or for submitting an entry which is not in accordance with the competition rules and/or these terms and conditions.
- The winner will receive the prize as indicated. It is specifically recorded that items used as decorative pieces such as flowers, ribbons, frames etc. do not form part of the prize unless expressly indicated as being part of the prize. The prize offered will be clearly described.
- The winner will be notified by email using the email used to enter the competition and, the winners name will be published on Something Me and/or the Promoters website or any other social media network.
- Something Me and/or a Promoter’s decision is final. Prizes are not transferable or exchangeable and cannot be taken as cash.
- In the event of a prize not being claimed by the winner for more than 5 business days subsequent to the draw and announcement, a further draw will take place to determine a replacement winner. The replacement winner will be notified by email as soon as reasonably practical.
- Prize values communicated are the retail values as provided by suppliers. Something Me and/or a Promoter accepts no responsibility for any variation in the value of the prize.
- Something Me and/or a Promoter accepts no responsibility for late, lost or misdirected entries and any contact details incorrectly entered on the website shall be deemed invalid.
- Any costs associated with accessing the competition are the entrant’s responsibility.
- If for any reason this competition is not capable of running as planned, Something Me and/or a Promoter reserve the right in their sole discretion to cancel, postpone, or amend the competition.
- Something Me and/or a Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained, as a result of accepting and/or using the prize except for any liability which cannot be excluded by law.
- Should Something Me and/or a Promoter require certain personal information from the entrants in order to conduct the competition, and such information as requested is not provided, the entrant may not participate in the competition. Something Me and/or a Promoter will respect the confidential nature of all personal details provided and as such, the details provided will be kept strictly confidential.
- MINIMUM RENTAL
A minimum order fee of R1 000 applies on all rentals meaning, if your selected goods are less than the minimum amount, you will nonetheless be charged R1 000 for your order.
- RENTAL PERIOD
Unless agreed upon otherwise, all rentals are for a 48 hour period.
To secure your booking and date, we require a 50% deposit for orders over R1 000. Payment of the balance should be made 7 days prior to collection. No goods will be released if payment is not reflected in our bank account. Orders of R1 000 require full payment to secure your booking.
- REFUNDABLE DAMAGE DEPOSIT
A refundable deposit payable prior to collection is required to ensure that goods are not returned damaged or are not lost. The refundable deposit will be 100% refunded to you following on time and safe return of the goods. The refundable deposit is paid back to you within 72 hours of return of the goods. If any of the goods are lost, broken or in a state in which we cannot hire them out again, you will forfeit your refundable deposit or a portion thereof.
Merchandise will be appropriately packed and ready for you to collect from our premises. All goods collected are to be returned in the original packaging materials in which they were delivered failing which, a fee will be charged for any damaged or unreturned boxes or packaging containers. We also recommend that you make use of your own courier services or alternatively, we can courier items to you at cost.
- LATE RETURNS & EXTENDED RENTALS
A fee will be charged for all late returns and for extended rentals. The fee will be 20% of the total rental cost charged per day. This amount will be deducted from the refundable damage deposit. After 7 days, the goods will be considered lost and you will be charged the full replacement cost regardless if the goods are later returned to us.
- CANCELLATIONS AND NON USE OF ITEMS
We reserve the right to retain 35% of your deposit to cover our administrative expenses, should you cancel your order. Please ensure that you check your venue’s policy on the use of rental items as there are no refunds for unused items rented out.
The terms and conditions stated here are subject to change without prior notice. Additional terms and conditions may apply and will be communicated to the client in writing, prior to commencing with the rental.
- SET UP
Depending on the nature and size of an event, we require a minimum of five (5) hours of uninterrupted time prior to the commencement of your event to complete our set-up.
- CONCEPT DEVELOPMENT
Something Me will work closely with you to design your event We do not allow the inclusion of any items on the tablescapes that are not provided by Something Me, unless this is agreed to during the design process.
- CHANGE OF INSTRUCTIONS
A contingency budget may be requested upfront to cover any last minute changes to your initial requirements or requests, and for any price escalations in goods to be purchased. The contingency budget not utilised will be refunded to you no later than 7 days after completion of our services. We reserve the right to charge you for all goods purchased and services rendered over and above those that are listed as forming part of the estimate provided to you in the quotation. As your stylists, you permit us to undertake all reasonable additional work and source additional products that may be required for the event.
- PAYMENT & CANCELLATION
To secure your event date and to allow us to start planning your event, we require full payment of the styling fee and payment of costs associated with products that need to be purchased for the day. Should you cancel your booking following full payment, an invoice will be issued to you for all goods purchased to date and the balance will be paid back to you. A 50% cancellation fee will apply in relation to the styling fee.
Something Me will provide you with a quotation detailing the estimated costs of items required for your event. The quotation provided excludes any styling fee that will be charged by Something Me for services rendered. Estimates provided are based on the client’s specific requests and are subject to change should the specifications change.
- DELIVERY & COLLECTION
Arrangements can be made for us to collect all items at the end of your event. Collection can be on the same or next day depending on the timing of the event. Collection times must be agreed upon prior to collection. Delivery and/or collection of any merchandise used in your event will be charged for, including any transport costs where applicable. Where Something Me is collecting items, you are responsible for ensuring that all items to be collected are easily located. We reserve the right to treat any item not easily located as lost and you will be charged accordingly.
- OWNERSHIP OF RENTED ITEMS
All merchandise rented out such as but not limited to furniture, props, serving vessels, crockery, utensils, backdrops, artwork, décor, and linen remain the sole property of Something Me and/or any rental company used by Something Me. All items unless otherwise stipulated are used on a hire-only basis and unless otherwise stipulated, the hire period is for a period of 24 hours. Late returns will incur additional costs and any missing or damaged goods will be covered by the damage deposit paid.
- REFUNDABLE DAMAGE DEPOSIT
A damage deposit is required for any merchandise rented out so as to cover any breakage, damage or loss to items. The damage deposit fee will be based on the replacement cost of the item or the set of which the item was a part of or, on the cost of the closest available item or set. The damage deposit fee will be added to the balance of your final invoice. This amount will be refunded to you in full if there are no damaged or missing items. Any replacement costs in excess of the refundable damage deposit put forward will be invoiced separately and payment will be required within seven (7) days of invoice.
Something Me may take photos of the set up before the start of your event. These high quality images may be uploaded onto our website, social media and blogs and may also be used in our marketing materials. By choosing our services, you agree to allow us to take photos of our work at your event. We will not take photos of you and your guests nor will we publish photos of you or your guests without your permission. All photographs taken are the property of the photographer used or of Something Me as they case may be, and are protected by copyright. Our photos cannot be used or published without our permission. You may request copies for your personal use only.
All images, designs and concepts created by Something Me are protected by copyright and remain our property. These are not to be used, replicated, published or distributed without our express consent.
Something Me will not be liable for any injury, allergic reaction, sickness, choking, loss or damage directly or consequently arising out of the use of food products, and or props and or hired out items used at your event. As the client, you indemnify Something Me and hold Something Me harmless from all claims, actions, proceedings, costs, damages, and liability including all consequential losses, attorney fees and court costs arising out of or in connection with the services rendered by Something Me.
By virtue of paying Something Me and accepting our services, you automatically agree to these terms and conditions.
The terms and conditions stated here are subject to change without prior notice. Additional terms and conditions may apply and will be communicated to the client in writing, prior to commencing with the services.