Terms & Conditions
Andy Cartwright (Pty) Ltd is a business that creates, manufactures and sells innovative giftware.
- Applications & Definitions
- These terms and conditions are applicable to any purchase made of any an all Andy Cartwright (Pty) Ltd products. This includes any advice or information given.
- The ‘other party’, is the natural person or legal person to whom a sale is made.
- ‘Products’ shall mean all items listed on this site for sale and may be single items or a set of items.
- ‘Packaging’ shall mean the bespoke box or bag that houses the product(s).
- If one or more conditions are declared invalid or nullified, the legal force of all other conditions shall not be prejudiced and shall remain in force.
- Placing an order shall expressly imply that the other party has read and agrees to the applicability of the Terms and Conditions, as set out.
- The address submitted by the other party before, or when placing an order with Andy Cartwright (Pty) Ltd, shall be deemed to be the official address of the other party for delivery purposes.
2. Quotations, Agreements & Prices
- Andy Cartwright (Pty) Ltd reserves the right to unilaterally terminate any agreements, cancel any orders and refuse delivery, if it believes the other party is intending to operate in conflict with any applicable National or International Law.
- The prices charged will be the those applicable on the day the order is placed and unless otherwise indicated, include VAT of 15%.
- Andy Cartwright (Pty) Ltd reserves the right to change the prices at any time.
3. Rights of Ownership, Copyright & Brand Name
- All trademarks, logos, designs, images, drawings, sketches, plans and descriptions shown on the Andy Cartwright (Pty) Ltd website (http://www.andycartwright.co.za) (Pty) Ltd) are the property of Andy Cartwright (Pty) Ltd. Users are not authorised to use any of these identifying marks without the prior permission of Andy Cartwright (Pty) Ltd
- The content and structure of the Andy Cartwright (Pty) Ltd website and/or its catalogues are the property of Andy Cartwright (Pty) Ltd or its suppliers and are protected by South African and International Copyright laws. This includes inter alia, all text, logos, images, links and software, as well as the unique ordering process. Any use of the content or structure of this website is, without exception, forbidden.
- Andy Cartwright (Pty) Ltd reserves the right to apply a brand name to all its products.
- The other party guarantees Andy Cartwright (Pty) Ltd , that it will not copy, distribute, use or display the products and services offered on the Andy Cartwright (Pty) Ltd website, unless it has obtained written authorisation from Andy Cartwright (Pty) Ltd.
4. Stock Availability
- Andy Cartwright (Pty) Ltd. may elect to either partially fulfil the order or to cancel the agreement, should there be a shortage of stock for whatever reason.
- Some special offers may have limited stock or be for a limited duration, after which the price will automatically revert back to the standard price.
5. Delivery Policy & Risk
- Unless otherwise explicitly agreed in writing, the delivery times, as stated on the website, shall be indicative only and shall never be considered as implying a deadline.
- The delivery term begins on the day that the other party receives electronic (email/sms) confirmation from Andy Cartwright (Pty) Ltd (by way of an order number) that an agreement has been entered into.
- Andy Cartwright (Pty) Ltd is authorised to fulfil its obligations in instalments. Orders or part orders that cannot be delivered for any reason whatsoever, will be recorded, placed on back-order and delivered at the earliest available opportunity and Andy Cartwright (Pty) Ltd shall inform the other party by email/sms.
- The risk of damage, perishing, theft or loss of the delivered goods is transferred to the other party as soon as these goods leave the warehouse of Andy Cartwright (Pty) Ltd , even in the case of free delivery.
- The other party has an express obligation to inspect the goods received for any defects, damages or errors. In the event of a defect, damage or error the other party must notify Andy Cartwright (Pty) Ltd in writing within 5 (five) days of accepting delivery, quoting the order/invoice number and must retain the defective item for Andy Cartwright (Pty) Ltd to collect and inspect. If it is proven that the products did not comply with the agreement, Andy Cartwright (Pty) Ltd has the choice of replacing the defective goods with new goods or refunding the value of the invoice.
- Andy Cartwright (Pty) Ltd is, for delivery purposes, authorised to amend the list of Main Centres at any stage.
6. Force Majeure
- Failure by Andy Cartwright (Pty) Ltd to comply with the agreement cannot be attributed to Andy Cartwright (Pty) Ltd if the cause of this failure falls outside the Andy Cartwright (Pty) Ltd sphere of risk, including inter-alia, war , the risk of war, riots, revolt, molestation, fire, water damage, floods, strikes, occupation of the premises, exclusion, import and export restrictions, government measures, faulty machinery, interruptions in the supply of water and electricity, and the stagnation or interruption of deliveries from third parties from whom Andy Cartwright (Pty) Ltd obtains raw materials, other materials or components for the realisation of the agreement.
- In such instances described above, and without prejudice to its rights, Andy Cartwright (Pty) Ltd shall be entitled to choose to either suspend the realisation of the order or to dissolve the agreement without legal intervention, by informing the other party of this in writing and without Andy Cartwright (Pty) Ltd being liable to pay any damages.
- Andy Cartwright (Pty) Ltd offers a 1 (one) year guarantee on all its products (excluding consumables).
- Without prejudice to its rights, the guarantee becomes void, if it is determined by AMH that the item purchased was not suitable for its intended use, or if the other party did not exercise reasonable care in the use and/or storage of the item.
8. Returns & Refunds Policy
- The provision of goods and services by Andy Cartwright (Pty) Ltd is subject to availability. In cases of unavailability, Andy Cartwright (Pty) Ltd will refund the client in full within 30 days.
- Cancellation of orders by the client, before the order is dispatched, will attract a 15% administration fee.
- In the event of a defect, damage or error, the other party must notify Andy Cartwright (Pty) Ltd in writing within 5 (five) days of accepting delivery, quoting the order/invoice number and must retain the defective item for Andy Cartwright (Pty) Ltd to collect and inspect. If it is proven that the products did not comply with the agreement, AMH has the choice of replacing the defective goods with new goods or refunding the value of the invoice.
- Andy Cartwright (Pty) Ltd takes responsibility for all aspects relating to the transaction including the sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
10. Exclusion & Limitation of Responsibility
- Andy Cartwright (Pty) Ltd is not liable for any misunderstanding, mutilating, delaying or orders not properly received and announcements, due to the use of the Internet or any other means of communication between the other party and Andy Cartwright (Pty) Ltd.
- For all direct losses incurred by the other party, which are caused by a failure attributable to Andy Cartwright (Pty) Ltd to comply with the agreement, Andy Cartwright (Pty) Ltd’s liability is limited to the agreed price.
- The exclusions and limitations above apply equally to the acts and/or omissions of employees of Andy Cartwright (Pty) Ltd, as well as to the act and/or omissions of people and/or companies it may use for the realisation of the agreement.
- Notwithstanding the above, the right to make claims by the other party becomes invalid no later than 1 calender month after they come into existence.
- Payment Methods & Conditions
- Andy Cartwright (Pty) Ltd accepts the following means of payment; Credit card (Master Card and Visa) and Electronic transfer into Andy Cartwright (Pty) Ltd’s bank account, the details of which will be provided on checkout.
- Credit Card transactions will be acquired for Andy Cartwright by PayFast (Pty) Ltd. PayFast uses SSL3 and no credit card details are stored on the website. Users may go to www.payfast.co.za to view their security certificate and security policy.
- The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is ZAR (South African Rand).
- Note that in order to protect its own interest and the interests of its customers, Andy Cartwright (Pty) Ltd and it’s partners, vigorously check all credit card transactions for attempted fraud and may elect to cancel a transaction if there is any indication that fraud exists. Further, if there is prima facie evidence of credit card fraud, Andy Cartwright (Pty) Ltd will immediately pass all relevant details to the commercial crimes unit of the South African Police Service.
- It is unlawful to use someone else’s credit card details without their consent.
- Andy Cartwright (Pty) Ltd may, in its sole discretion, change this agreement or any part thereof at any time without notice.
- No variation of the terms and conditions are valid unless reduced to writing and signed by Andy Cartwright (Pty) Ltd.
- Any relaxation of the terms and conditions by Andy Cartwright (Pty) Ltd, shall not imply that those terms and conditions will not apply at any future stage.
14. Governing Law & Disputes (Domicilium)
- This website is governed by the laws of South African Law, which are applicable to all agreements and quotations. Andy Cartwright (Pty) Ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 14a Shortlands Avenue, Hillcrest, Durban, 3601
- The magistrates court of Durban is exclusively authorised to handle any disputes which may arise.
15. Term & Termination
- The terms and conditions of the agreement shall be immediately enforced and shall remain so until Andy Cartwright (Pty) Ltd varies them.
16. General Information
- This website is run by Interactive Concepts (Pty) Ltd based in South Africa trading as Andy Cartwright (Pty) Ltd.
- Andy Cartwright (Pty) Ltd can be contacted per email firstname.lastname@example.org
17. Reselling and Retail
1. Amrod is the exclusive distributor of the Andy Cartwright collection and has successfully worked with him for many years now to design, develop and grow his fantastic products. The stunning design and quality of the products have made them very popular in the Promo industry over the past 5 years.
2. Importantly, Amrod’s exclusive rights extend to the Promotional Products industry only and not to retail. Andy Cartwright (Pty) Ltd is in charge of his own retail distribution
3. We would like to make all customers aware that they do not have the rights to sell the Andy Cartwright collection either privately or on any online retail platforms such as Take-a-Lot, Bid-or-Buy etc.
2. Log Files
- When you visit Amright Holdings, even if you do not create an account, we may collect information, such as your IP address, the name of your ISP (Internet Service Provider), your browser, the website from which you visit us, the pages on our website that you visit and in what sequence, the date and length of your visit, and other information concerning your computer’s operating system, language settings, and broad demographic information. This information is aggregated and anonymous data and does not identify you specifically. However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us. This information is not shared with third parties and is used only within Amright Holdings on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.
- “Session cookies”: These are used to maintain a so-called ‘session state’ and only lasts for the duration of your use of the Website. A session cookie expires when you close your browser, or if you have not visited the server for a certain period of time. Session cookies are required for the Platform to function optimally, but are not used in any way to identify you personally.
- “Permanent cookies”: These cookies permanently store a unique code on your computer or smart device hard drive in order to identify you as an individual user. No Personal Information is stored in permanent cookies. You can view permanent cookies by looking in the cookies directory of your browser installation. These permanent cookies are not required for the Amright Holdings website to work, but may enhance your browsing experience.
4. Links From Amright Holdings
- Amright Holdings, and the services available through the Website, may contain links to other third party websites, including (without limitation) social media platforms, payment gateways, appointment scheduling and/or live chat platforms (“Third Party Websites”). If you select a link to any Third Party Website, you may be subject to such Third Party Website’s terms and conditions and/or other policies, which are not under the control, nor responsibility, of Amright Holdings.
- Hyperlinks to Third Party Websites are provided “as is”, and Amright Holdings does not necessarily agree with, edit or sponsor the content on Third Party Websites.
- Amright Holdings does not monitor or review the content of any Third Party Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of other websites, either.
- Users should evaluate the security and trustworthiness of any Third Party Website before disclosing any personal information to them. Amright Holdings does not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
5. Applications of the Electronic Communications & Transactions ACT 25 of 2002 ("ECT ACT")
- Data Messages (as defined in the ECT Act) will be deemed to have been received by Amright Holdings if and when Amright Holdings responds to the Data Messages.
- Data Messages sent by Amright Holdings to a user will be deemed to have been received by such user in terms of the provisions specified in section 23(b) of the ECT Act.
- Users acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between users and Amright Holdings.
- Information to be provided in terms of section 43(1) of the ECT Act:
- Users warrant that Data Messages sent to Amright Holdings from any electronic device, used by such user, from time to time or owned by such user, were sent and or authorised by such user, personally.
- This Website is owned and operated by Amright Holdings (Pty) Ltd, a private company owned and operated in accordance with the laws of the Republic of South Africa.
- Address for service of legal documents: Box 62, P/Bag X7005, Hillcrest, Durban, KwaZulu-Natal, South Africa, 3610.
- Contact Number: 083 746 2998.
- Amright Holdings – located at Amright Holdings;
- Email address: email@example.com