Terms and Conditions

 

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE BROWSING THE REMATA WEBSITE / ONLINEPRINTSHOP.REMATA.CO.ZA. YOUR CONTINUED USE OF THE REMATA WEBSITE/ONLINEPRINTSHOP.REMATA.CO.ZA INDICATES THAT YOU AS THE CUSTOMER OR USER HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE REMATA WEBSITE/ONLINEPRINTSHOP.REMATA.CO.ZA IF YOU AS THE CUSTOMER OR USER DO NOT ACCEPT THESE TERMS AND CONDITIONS.

TERMINOLOGY AND ACCEPTANCE OF TERMS AND CONDITIONS

1.1. This site [www.remata.co.za/onlineprintshop.remata.co.za], is made available, and owned by, Remata Communications and Printers Production House (Pty) Ltd (hereinafter referred to as "Remata” or the “Supplier", “Remata Website” “Website”, “Site”, "we", “our", "us" or “Remata online shop”/ “onlineprintshop.remata.co.za”. Any reference to "Remata", "we", "our", "us" “Remata online shop” / “onlineprintshop.remata.co.za” or the “supplier”, shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.

1.2. These Terms and Conditions, apply to any person who uses the Services, accesses, refers to, orders, views and/or downloads any information or material made available on Remata website / onlineprintshop.co.za for whatever purpose (hereinafter referred to as “Customer”, “User”, "Users", ”User submission”, "you" or "your").

1.3. Accessing and/or use of the Remata Website / Remata online shop / onlineshop.remata.co.za will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms and Conditions, in your individual capacity and for and on behalf of any entity for whom you use Remata / Remata online shop / “onlineprintshop.remata.co.za”. Further, you represent and warrant that you have the authority to do so and that you are a competent person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).

1.4. To the extent permitted by applicable law, we may modify the Terms and Conditions with prospective effect without prior notice to you, and any revisions to the Terms and Conditions will take effect when posted on the Remata Website / Remata online shop / onlineprintshop.remata.co.za, as indicated above, unless a later date is otherwise stated in the revised Terms and Conditions. The Customers continued use of the Website or Remata online shop / onlineprintshop.remata.co.za and/or the Services will be construed as your consent to the amended or updated Terms and Conditions and will be conditional upon the Terms and Conditions in force at the time of your use. Your only remedy, should you not agree to these Terms and Conditions, is to stop your use of this Website / Remata online shop/ onlineprintshop.remata.co.za.

1.5. These Terms will apply to any contracts or orders between Remata and the Customer for the sale of products or services concluded via the Remata website or Remata online shop / onlineprintshop.remata.co.za, to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which may be implied by trade, custom, practice or course of dealing except where Remata has given written consent.

1.6. When these Terms refer to "in writing", this will include e-mail.

1.7. Remata reserves the right to change, modify, add to, or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions becomes effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

1.8. Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

2. USE OF THIS SITE (onlineprintshop.remata.co.za) AND MONITORING

2.1. You may only use this site, to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchases. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

2.2. Remata has the right, but not the obligation, to monitor any activity and content associated with the Website / onlineprintshop.remata.co.za. Remata may investigate any reported violation of these Conditions or complaints and take any action that they deem appropriate (which may include, but not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website / Onlineprintshop.co.za

2.3. As the customer and/or user you are specifically not permitted to use the Remata Website / onlineprintshop.remata.co.za. in any of the following ways (which list should not be deemed to be exhaustive of Remata’s rights in this regard):
2.3.1. For any public or commercial exploitation which includes the use of the Remata website / onlineprintshop.remata.co.za. on another site or through a networked computer environment;
2.3.2. In a manner that modifies, publicly displays, publicly performs, reproduces, or distributes any of the Remata website / onlineprintshop.remata.co.za.
2.3.3. To stalk, harass, or harm another individual;
2.3.4. To impersonate any person or entity or otherwise misrepresent the true state of affairs;
2.3.5. To interfere with or disrupt the Remata website / onlineprintshop.co.za or servers or networks connected to the Remata website / onlineprintshop.remata.co.za. ;
2.3.6. To use any data mining, robots, or similar data gathering or extraction methods in connection with the Remata website / onlineprintshop.remata.co.za.
2.3.7. Attempt to gain access to any portion of the Remata website / onlineprintshop.remata.co.za., to which you are not ordinarily permitted, or any other accounts, computer systems, or networks connected to the Remata website / onlineprintshop.remata.co.za. whether through hacking, password mining, or any other means.

3. DESCRIPTION OF OUR SERVICES

3.1. Remata provides a web-based online printing service in South Africa, allowing Users to upload their offline marketing material and/or design their material online and/or modify/change existing product templates online to suit their own design style or preference with the intention of ordering such material online with Remata.

3.2. Remata’s order process allows the Customer to check and amend any errors before submitting an order. Customers should take the time to read and check all orders at each stage of the order process. Once the Customer accepts and orders any product, Remata holds no responsibility for any errors whatsoever.

4. SERVICE FEE (PAYGATE) AND EFT

4.1. All Service Fees shall be affected via electronic funds transfer or the payment gateway infrastructure on the Remata Online shop, provided via an independent third party payment service provider, currently, PayGate. Users are encouraged to consult the PayGate website located at www.paygate.co.za to familiarise themselves with the security protocols and other policies in place and which may apply to any transaction conducted through PayGate.

4.2. Only Service Fee payments made via PayGate or electronic funds transfer shall be processed. Service Fee payments made via PayGate in a currency other than South African Rand (“Rand”), if accepted by PayGate, shall be converted into Rand at Remata’s financial institution’s then-current market rate of exchange. Payments made by electronic funds transfer will only be processed and accepted if made in South African Rands.

4.3. Service Fee payments made from Users located outside of the Republic of South Africa and/or in a currency other than Rand, shall be processed in accordance with PayGate’s policies and procedures, as amended from time to time.

4.4. Remata will not start production of any order until payment has been received in full and has reflected in Remata’s account, and until digital or hard-copy proofs have been approved and signed off by the customer and returned to Remata.

4.5. The risk of payment by electronic funds transfer or debit or credit card rests with the customer.

5. PRICING / VAT

5.1. Remata reserves the right to change product prices at any time without prior notice. If an error is made and a product is listed at an incorrect price, Remata shall maintain the right to refund or cancel orders placed at the incorrect price.

5.2. The price of the Products automatically excludes VAT with the VAT portion being displayed on the order page and at the applicable current rate chargeable in the South Africa. However, if the rate of VAT changes between the date of the order and the date of delivery, Remata will adjust the VAT payable by the Customer, unless the Customer has already paid for the products in full before the change in VAT takes effect.

5.3. If the Customer believes that the product it has purchased should be zero rated for VAT purposes, Customer shall notify Remata immediately following receipt of the Order Confirmation and confirm the reasons for this. Remata will investigate such claim and if it considers (acting reasonably) that such product should be zero rated for VAT purposes, Remata shall reimburse the Customer for any overpayment made in respect of VAT.

5.4. Customers who are registered for VAT purposes must provide to Remata a valid VAT registration number at the time of placing an order. Remata is entitled to retain such information and apply this VAT registration number to any subsequent orders until Remata is notified by Customer in writing that the VAT registration number is no longer valid.

5.5. The risk of payment by electronic funds transfer or credit card rests with the customer.

6. USER CONTENT

6.1. Certain areas of this Website may permit Users (Customers) to submit Material Designs, feedback, information, data, text, software, images, designs, messages, or other materials (each, a “User Submission”). Users are solely responsible for all User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Should such Material Designs not meet the criteria as may be determined by Remata in its sole and unfettered discretion, Remata reserves the right to adjust and/or amend the Material Designs to conform with its criteria.

6.2. In submitting any User Submission, Users make the following representations and warranties:
6.2.1. All rights in and to such User Submissions (including, without limitation, all rights to the reproduction and display of such User Submissions) are obtained by such User, or, alternatively, all necessary rights in and to such User Submissions providing the rights in and to such User Submissions as described in these Terms have been obtained;
6.2.2. All necessary license fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of User Submissions have been paid prior to your submission of same to the Website.
6.2.3. User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
6.2.4. Users voluntarily agree to waive all “moral rights” that may attach to a User Submission, apart from that of the Material Designs;
6.2.5. User Submissions do not violate any law including, but not limited to, those governing export control, consumer protection, unfair competition, or false advertising;
6.2.6. User Submissions are not, and may not reasonably be considered to be, defamatory, libellous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
6.2.7. Users have not and will not be compensated or granted any consideration by any third party for submitting a User Submission;
6.2.8. User Submissions do not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than a User’s own);
6.2.9. User Submissions do not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
6.2.10. User Submissions do not contain any information that may be considered confidential, proprietary, or personal insofar as it relates to a third party;
6.2.11. User Submissions do not contain or constitute any unsolicited or unauthorised advertising, promotional materials unless exclusively comprised of the Material Designs, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

6.3. Remata reserves the right to refuse any orders and/or terminate any contracts where the transmitted Artwork contains defamatory, pornographic, fascist, radical content or any other material which is obscene, offensive, hateful or inflammatory. The Customer remains liable for the cost of work produced in the event of Remata exercising these rights.

6.4. By submitting a User Submission, Users grant Remata an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, royalty free license (sub-licensable through multiple tiers) to:
6.4.1 Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
6.4.2 Use User Submissions in any manner and for any purpose (including, without limitation, commercial purposes) that Remata, in its sole, absolute and unfettered discretion, deem appropriate, including, without limitation, the incorporation of a User Submission or any modification thereto, in whole or in part, into any technology, product, or service;
6.4.3. Display advertisements in connection with User Submissions and use User Submissions for advertising and promotional purposes.
6.4.4. Remata may, but is not obligated to, pre-screen User Submissions or monitor any area of the Website / onlineprintshop.remata.co.za. through which User Submissions may be submitted. Remata is not required to host, display, or distribute any User Submissions on or through this Website / onlineprintshop.remata.co.za, and may remove at any time or refuse any User Submissions for any reason;
6.4.5. Remata is not responsible for any loss, theft, or damage of any kind to any User Submissions.
6.4.6. Further, Users agree that Remata may freely disclose any User Submissions to any third party absent of any obligation of confidence on the part of the recipient.

7. THIRD PARTY LINKS

7.1. In an attempt to provide increased value to our Users, Remata may provide links to other websites or resources. The Customer acknowledges and agrees that Remata is not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

8. COOKIE POLICY / TRACING TECHNOLOGY

8.1. The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

9. COLOUR ACCURACY / PRINTING

9.1. Remata prints to industry ISO standard.

9.2. It is important to note that colour may vary from what the Customer or User sees on screen as a screen displays in RGB and printing is in CMYK colour space. Therefore under no circumstances will a reprint be honoured for colour variations that have occurred due to artwork not being converted to CMYK.

9.3. Where the Customer has not submitted Artwork in CMYK mode in accordance with the format requirements, Remata shall be entitled to convert the Artwork to ensure it complies with the format requirements. In these circumstances, the liability for any resulting colour deviations lies solely with the Customer. By transmitting the artwork in any other mode than the specified CMYK mode, the Customer acknowledges and agrees that the conversion is carried out at Customer’s own risk.

9.4. Where the Customer has submitted files with low resolution images not in accordance with the format requirements, the liability for any resulting poor image quality lies solely with the Customer.

9.5. Where the Customer has submitted files without the required bleed as per the format requirements, the liability for either the white of the paper showing and not being trimmed off and/or the work needing to be trimmed smaller to accommodate no bleed lies solely with the Customer.

9.6. Where the Customer has placed text too close to edge, not allowing for at least 3mm gap to the edge of the sheet, the resultant cutting off of text lies solely with the Customer.

9.7. Remata’s preflight department does basic checks on all submitted artwork files before printing, but the customer is still 100% responsible for the accuracy of the print-ready artwork files submitted, and it is the responsibility of the Customer to check all aspects and to proofread all files carefully before submitting any files for print. Remata is not responsible for any issues as relating to orientation or alignment of the pages of any submitted artwork.

9.8. By submitting the artwork to us, the Customer certifies that they have the right to use the image(s) in their artwork files.

9.9. Although every precaution to safeguard materials submitted, Remata is NOT responsible for loss or damage of images or artwork if the font was not converted to curves and images were not embedded.

9.10. The Customer acknowledges and agrees that, due to the inherent nature of the printing process, Remata cannot guarantee that:
9.10.1. The Customer’s Goods Specification Data and the finished Goods will be an exact match in colour; and
9.10.2. Where the order or goods are produced using full colour printing (also known as process colour or CMYK printing) that all or any Pantone Colours (also known as spot colours) will be accurately reproduced.
9.10.3. There won’t be minor deviation in colour between (including but not limited to):
      9.10.3.1. Colour proofs and finished goods;
      9.10.3.2. Two or more orders
      9.10.3.3. Current and previous orders;
      9.10.3.4. The single sheets of one order; or
9.10.4. There won’t be minor deviations in cutting or folding from folded/unfolded finished formats

9.11. Production times only start once the customer has approved the email or hardcopy proof.

10. PROOFS

10.1. If requested, an online digital proof will be made available or emailed for your review after we have received your files for print.

10.2. Jobs with proof requests will not be sent to press without the Customers approval unless the proof approval is explicitly waived. Remata not liable for delays in the order caused by the Customers non-approval of the proof or waiting for the proof to be approved.

10.3. Important: An online proof is not an accurate colour reproduction of the final printed piece. It is the final opportunity for the Customer to check all aspects of the job including but not limited to: size, layout, bleeds, crops, ensuring high resolution images are used, ensuring RGB is converted to CMYK, and final text. Electronic proofs do not show transparency and overprint issues nor do they show colour change from RGB to CMYK.

10.4. The proof must be treated as independent from the original submitted file and thoroughly reviewed prior to approval. It should be checked against the original file for possible errors in size, layout, copy, spacing, punctuation or image placement. The Customer is fully responsible for all that is contained in the final approved proof.

10.5. Delivered plotter proofs show reasonable likeness to the final printed pieces. Delivered plotter proofs are printed on a bond paper using inkjet inks which differs from the actual stock or substrate and the inks used of the final product.

10.6. FOGRA proofs are recommended for colour-critical artwork and must be requested by the Customer when the print order is made. FOGRA’s are only 95% accurate on coated stocks/substrates and 80% accurate on uncoated stocks/substrates.

10.7. The Customer must ensure they have read and understood their responsibilities to check all aspects of the job including size, number of pages and cover, page order, all content and that the colour is a close representation of what they require.

10.8. Remata’s prepping department does basic checks on all submitted artwork files before printing, but the customer is still 100% responsible for the accuracy of the print-ready artwork files submitted, and it is the responsibility of the Customer to check all aspects and to proofread all files carefully before submitting any files for print. Remata is not responsible for any issues as to orientation or alignment of the pages of any submitted artwork.

10.9. Any additional proofs above an email proof done, will be charged for. The request for a delivered plotter proof will extend the amount of time needed to complete the job. The job can only proceed to print once the client has signed and returned the signed off hard copy proof. In the case of an emailed proof Remata will only proceed to print once an email approval is received.

10.10. Where Remata has produced a proof for Customer, Customer acknowledges and accepts that such plotter or digital proof is merely illustrative of the final product to be produced by Remata and Remata shall have no liability to Customer for slight variations in the final Product from the proof supplied.

10.11. In the event that the Customer notifies Remata that it wishes to proceed with the order without correcting any defects in the Artwork, the Customer does so at its own risk. Once approved by the Customer, Remata holds no responsibility whatsoever for any errors incurred.

10.12. If additional costs arise due to the inaccuracy of the Artwork, these will be borne by the Customer.

10.13. After the order is placed, the Customer shall only be entitled to make changes to the order provided the customer remains liable for any additional costs incurred by Remata in making such changes.

10.14.  Plotter proofs or hardcopy digital proofs will not have any special finishing on them that the final job will have.

10.15. When proofs larger than what can be produced on Remata’s Indigo A3 digital presses are required,  these are printed on larger inkjet plotters on bond paper but must still be checked in terms of all other aspects (refer to point 10.3) to ensure its correct before signing off to go to print. Colour accuracy form plotter proofs are only 85% for coated and even 70% for uncoated  stocks.

10.16. For proofs that are a size that can be run on the A3 digital presses, a hardcopy is printed will be printed on the Indigo to resemble as close as possible the final product in terms of colour and stock. Colour accuracy of this proof is approx. 90% for coated and 85% for uncoated stocks

10.17. It is vital for the Customer to check with each product online the possible addition of any conditions in terms of a hard copy proof. When the Customer is on the specifications of the product page of the Remata onlineprintshop, the Customer must simply click on the “Hardcopy proof required” which has a dotted underline and more detail will pop up. The Customer must read this to avoid any misunderstanding.

11. PAPER AND SUBSTRATES

11.1. Stickers and Roll Labels have not been approved for safety for use on food packaging or for direct contact with food. Do not apply Stickers and Roll Labels to already frozen materials or have the labels/stickers exposed to any chemicals.

11.2. Where a paper or substrate has been specified but is not available for any reason whatsoever, Remata reserves the right to use the closest suitable alternative.

12. OVERPRINT AND UNDER PRINT POLICY

12.1. The Customer agrees that an over-supply or under-supply not in excess of 10% (ten percent) of the products ordered may be produced, and that it shall be liable for payment of all quantities so supplied.

13. REFUND POLICY

13.1. Refunds will only be permitted in the sole, unfettered, and absolute discretion of Remata, and only in limited circumstances, at the discretion of Remata.

13.2. Claims under this agreement shall only be entertained if the customer has, within 30 days of the alleged breach or defect occurring given Remata 30 (thirty) days written notice by prepaid registered post, or electronic mail to rectify any alleged defect or breach of the agreement. Full details of the alleged breach or defect must be given as well as photographs. The so-called defective goods must be returned at the customers cost to Remata for inspection within 5 (five) days of lodging the complaint.

13.3. Any refunds agreed to by Remata shall be in the form of user’s credit redeemable only on the Remata website / onlineprintshop.remata.co.za.

14. DISCLAIMER

14.1. Remata makes no express, implied, or statutory representations, warranties or guarantees in connection with this website / onlineprintshop.remata.co.za., the services, any other users of the site, including but not limited to partners, or third parties, or any materials on the website / onlineprintshop.remata.co.za. relating to the quality, suitability, truth, accuracy or completeness of any information or materials contained or presented on the Remata website / onlineprintshop.remata.co.za.

14.2. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the Remata Website / onlineprintshop.remata.co.za., materials, and any information or material contained or presented on the Remata website / onlineprintshop.remata.co.za. is provided to you on an “as is”, “as available” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. Remata does not warrant timelines, workmanship, or completion of any project. Remata does not provide any warranties against viruses, spyware or malware that may be installed on the customers computer as a result of the custom accessing or using the Remata website / onlineprintshop.co.za

14.3. Without limiting the generality of the foregoing, Remata makes no warranty that the Remata Website / Onlineprintshop.remata.co.za will meet a User’s requirements, or that the Remata Website / onlineprintshop.remata.co.za will be uninterrupted, timely, secure, error free or that defects in the Remata Website / onlineprintshop.remata.co.za will be corrected.

14.4. Remata will not print any material that infringes upon it's right to exercise freedom of conscience, thought, religion, belief or opinion

14.5. Remata makes no warranty as to the results that may be obtained from the use of the Remata website /onlineprintshop.remata.co.za or as to the accuracy or reliability of any information obtained through the Remata website / onlineprintshop.co.za. No advice or information, whether oral or written, obtained by a User through the Remata website /onlineprintshop.remata.co.za or from Remata or its third-party service providers shall create any warranty enforceable as against Remata.

14.6. To the maximum extent permissible by applicable laws, Remata denounces any fiduciary responsibilities to any Users / Customers of the Remata Website / onlineprintshop.co.za.

14.7. Remata, as the owner of this Website / onlineprintshop.remata.co.za, the authors of the contents and in general anybody connected to the Remata Website / onlineprintshop.remata.co.za site in any way, assume no responsibility for errors or omissions in the contents.

14.8. Remata further does not warrant, guarantee, or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. Remata shall not be liable for any direct, indirect, general, special, incidental, or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of the contents, even if Remata has been informed of the possibilities of such damages. Remata cannot assume any obligation or responsibility.

14.9. It is the sole responsibility of the customer to determine that the products ordered are suitable for the purposes of intended use. Remata gives no warranty, express or implied, concerning the suitability of the products supplied for any purposes whatsoever.

14.10. Products are sold voetstoots with no warranty against latent defects. All other guarantees, including common law guarantees, are hereby specifically excluded. Liability under this clause is restricted to the cost of repair or replacement of faulty products or services, or granting of a discount, at the sole discretion of Remata.

14.11. The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

15. LIABILITY

15.1. Remata does not in any way exclude or limit its liability for defective products under the Consumer Protection Act, No.68 of 2008.

15.2. Remata will, under no circumstances whatsoever, be liable to Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract or order for:
15.2.1. any loss of profits, sales, business, or revenue;
15.2.2. loss or corruption of data, information or software;
15.2.3. loss of business opportunity;
15.2.4. loss of anticipated savings;
15.2.5. loss of goodwill;
15.2.6. any indirect or consequential loss: or
15.2.7. fraud or fraudulent misrepresentation.

15.3. The customer agrees that neither Remata, nor any of its employees, Directors, or shareholders will be liable for any negligent or innocent misrepresentations made to the customer.

15.4. The customer, or any agent acting on its behalf, on whose behalf or at whose instance any services are rendered hereby indemnifies the supplier, Remata, and all its employees, Directors, or shareholders against liability which Remata may incur to any other person as a result of the production of any material produced.

16. COPYRIGHTS

16.1. The contents of the Remata website / onlineprintshop.remata.co.za are the property of Remata, apart from the Material Designs, which remain the property of the Users who upload such designs, are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on Remata’s website / onlineprintshop.remata.co.za and/or the Services, apart from the Material Designs, is Remata’s exclusive property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.

16.2. None of the contents of the website / onlineprintshop.remata.co.za may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the prior written permission of Remata or the copyright owner, and further, should such consent be provided, Remata reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.

16.3. The customers / users are expressly prohibited to “mirror” any content, contained on Remata’s website / onlineprintshop.remata.co.za, on any other server unless with the prior written permission of Remata, and further, should such consent be provided, Remata reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.

16.4. Remata does not permit copyright infringing activities and infringement of intellectual property rights, and Remata may, at its sole discretion, remove any infringing content if they are of the view that such content infringes on another's intellectual property rights or their own.

16.5. The customer or user of Remata’s website / onlineprintshop.remata.co.za is granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Remata’s website / onlineprintshop.remata.co.za, so long as the link does not portray Remata, its affiliates, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. The customer or user of Remata’s website / onlineprintshop.remata.co.za. may not use Remata’s logo’s or other proprietary graphic or trademark as part of the link without the express permission of Remata, its affiliates or content suppliers.

16.6. All trademarks and copyrights, as also any other intellectual property rights, in and to any of the content of the Remata website / onlineprintshop.remata.co.za. are the exclusive property of Remata.

17. ASSIGNMENT

17.1 The customer or user of Remata’s website / onlineprintshop.remata.co.za. may not assign rights and/or obligations under these Terms to any other party without our prior written consent. Remata may assign their rights and/or obligations under these Terms to any other party at their discretion and without any prior notice to the customer or user.

18. EXPORT CONTROL LAWS

18.1. The customer understands and agrees that the software, Services and User data may be subject to import and export control laws and regulations of the Republic of South Africa or the country in which you are situated. The customer undertakes to adhere to all applicable laws and regulations and agree not to, without prior authorisation from the government of the Republic of South Africa or of such other country which is applicable, directly and/or indirectly export, re-export and/or transfer the software and Services to any other country in contravention of such laws and regulations.

19. FORCE MAJEURE

19.1. Without limiting the foregoing, Remata shall not be held liable for any failure to perform in terms of these Terms if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), pandemic measures put in place and/or ‘lockdown’ measures imposed by government, protests, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, telephone service or internet connectivity, server failure, or technological failure. Neither the customer, nor Remata, are entitled to terminate these Terms in such circumstances.

20. SHIPPING / DELIVERY / CARRIER

20.1. Remata, nor the Carrier, shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by an Event Outside the Control of Remata or the Carrier.

20.2. An event outside the control of Remata or the Carrier means any act or event beyond Remata or the Carrier’s reasonable control, including without limitation protests, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, pandemic measures put in place and/or a countries ‘lockdown’ measures imposed by government, load shedding, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. Remata’s obligations under an order or contract will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside the Control of Remata.

20.3. When an order or package is not delivered due to an error made by the customer in submitting the proper shipping address, Remata will reship the package to the corrected address however the delivery dates communicated prior will not be considered anymore. The additional costs to reship will be borne by the customer.

20.4. Should a parcel be lost, the Carrier must be given appropriate time to locate and deliver the parcel. This will affect the delivery times given.

20.5. Should a Customer be in a postal code area outside of a major city or main centre, these locations will require more time from the Carrier to deliver and therefore the delivery times given must be extended.

20.6. Once shipped and the Customer has been notified of the tracking number,  it is the responsibility of the Customer to track the parcel until they receive it.

20.7. Delivery dates are subject to change if there are any errors with the artwork provided, electronic or hardcopy proofs are not approved timeously or payment has not been made or has not reflected in the bank account or an order is put on hold.

20.8. Delivery is based upon the production time taken by Remata to manufacture the Products and the delivery time to ship the Products to Customer.

20.9. If Customer is not available at the delivery address, Remata’s chosen carrier (the Carrier) will leave a note that the Products have been returned to The Carrier’s premises and Customer must contact the Carrier to re-arrange delivery. In circumstances where The Carrier has re-arranged delivery and Customer is not available at the delivery address on the agreed date and time to take delivery of the Products, the Carrier shall be entitled (at its discretion) to charge Customer for any additional costs reasonably incurred by the Carrier in attempting to re-deliver the Products.

20.10. The Products will be at the risk of the Customer from completion of delivery. Customer shall only own the Products once Remata has received payment in full for the Products.

20.11. Delivery of the Products shall be performed during normal business hours, being Monday to Friday 8am to 5pm.

20.12. For the avoidance of doubt, Remata or the Carrier shall not be liable for any delay in delivery of the Products that is caused by an Event Outside the Control of Remata, the Carrier or Customer's failure to provide Remata with adequate delivery instructions or any other instructions that are relevant to the supply of the Products. 

21. GENERAL IMPORTANT TERMS

21.1. Remata may transfer its rights and obligations under a Contract to another organisation, but this will not affect Customer’s rights or Remata’s obligations under these Terms and Conditions.

21.2. The Customer may only transfer its rights or obligations under these Terms to another person if Remata agrees in writing.

21.3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

22. SEVERANCE

22.1. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by Remata to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.

23. DOMICILIUM CITANDI ET EXCUTANDI AND CONTACT INFORMATION

23.1. The Parties choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:
23.1.1. Remata, Remata House, International Business Gateway Park, Cnr New Road and 6th Road, Midridge, Midrand
23.1.2. User: The addresses as provided for shipping of the printed Material Designs.

23.2. A Party may change its domicilium to any other physical address or email address by written notice to the other party to that effect. Such change of address will be effective 7 (Seven) days after receipt of notice of change of domicilium.

23.3. All notices to be given in terms of these Terms will:
23.3.1. be given in writing;
23.3.2. be delivered or sent by email; and
23.3.3. be presumed to have been received on the date of delivery.

23.4. Notwithstanding the above, any notice actually received by the Party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.

24. COMMUNICATION

24.1. Applicable laws require that some of the information or communications Remata may send to Customer should be in permanent form and for this purpose, Remata shall confirm such information to Customer by email, which the Customer accepts is a permanent form of communication.

24.2. When registering to use the Website / onlineprintshop.remata.co.za, the customer shall provide an e-mail address for communications between Remata and Customer. The customer shall ensure such email address is valid and functioning. In particular, the customer shall ensure that the setting of the spam filter on its e-mail account allows the receipt by customer of e-mails sent by Remata.

24.3. When these terms refer to "in writing", this will include e-mail.

25. PRICING AND DELIVERY CHARGES

25.1. Prices for products quoted on the website are only valid for orders which are placed online.

25.2. Remata takes all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto onlineprintshop.remata.co.za. However, if Remata discovers an error in the price of Product(s) ordered by the Customer, condition 8.5 will apply.

25.3. Prices for the Products may change from time to time, but changes will not affect any order which Remata has confirmed with an Order Confirmation.

25.4. The price of the Products includes packaging and delivery charges but excludes shipping insurance.

25.5. The Remata website / onlineprintshop.remata.co.za contain a large number of Products. It is always possible that, despite Remata’s best efforts, some of the Products on the Remata website / onlineprintshop.remata.co.za may be incorrectly priced. If Remata discovers an error in the price of the Products Customer has ordered, Remata will inform the Customer of this error and Remata will give Customer the option of continuing to purchase the Product at the correct price or cancelling the order. Remata will not process the Customer’s order until it has received Customer’s instructions. If Remata is unable to contact Customer using the contact details Customer provided during the order process, Remata will treat the order as cancelled and notify the Customer in writing. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by the Customer as a mispricing, Remata does not have to provide the products to the Customer at the incorrect (lower) price.

25.6. The Customer will be charged additionally for any subsequent changes requested by the Customer, including if this request results in machine downtime or additional production costs in the event of a complete or partial cancellation. Additional charges are also payable if the Customer requests repeated samples or proofs due to a slight deviation from the template.

25.7. Where Customer orders more than one proof, this shall be subject to an additional fee.

25.8. If Customer obtains a quotation for products from Remata either by e-mail or through the Website or Online shop, this does not constitute an offer by Remata and shall only be valid for a period of 7 (seven) days from its date of issue. All quotations are subject to the condition that the order details underlying the quotation at the time of issue remain unchanged, and Artwork to be received from Customer is received within one week of Customer placing the order.

25.9. All prices quoted are for 1 (one) artwork only and print runs cannot be split into multiple artworks / designs.

26. CANCELLATION

26.1. An order may not be cancelled once the order is placed and payment has been made.

26.2. In the event of a cancellation, Remata is entitled to cease producing and unmade balance of the order or contract and to recover any loss sustained from the customer.

27. PRIVACY POLICY

27.1. This privacy policy applies to all the web pages related to this website / www.remata.co.za and onlineprintshop.remata.co.za. All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other than that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone. The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.

27.2. We may need to change this policy from time to time in order to address new issues and to make changes on our site. This site will be continuously updated to inform you of these changes. Please refer to our disclosure of personal information policy regularly. Should you have further questions or concerns about our privacy policy, kindly contact us on email at onlineprintshop@remata.co.za

27.3. By using the Remata website, you signify your acceptance of our Privacy Policy.  Your continued use of this website, following the posting of changes to these terms will mean that you accept those changes.

27.4. Remata processes personal data in accordance with its Privacy Policy.

27.5. Remata will only use the personal information provided by Customer to:
27.5.1. supply the Products;
27.5.2. process the payment for such Products; and
27.5.3. inform Customer about similar products or services that Remata provides. The customer may stop receiving these communications at any time by contacting Remata or by clicking an unsubscribe button.

27.6. Save as set out in condition 27.5 above, Remata does not pass any personal data to any other third party.

27.7. Credit card information is not stored on our servers and is kept encrypted with a trusted Financial Service Provider.

27.8. Remata shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.

28. ARCHIVING

28.1. Remata shall not archive Products belonging to Customer (including in particular data and media) without prior written agreement and upon such payment terms as Remata shall in its sole discretion determine. Customer shall be responsible for insuring such archived Products.

29. PAYMENT OPTIONS & SECURITY

29.1. Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Remata’s bank account, the details of which will be provided on request.

29.2. Card transactions will be acquired for Remata via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

29.3. Customer details will be stored by Remata separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.

29.4. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

29.5. Remata takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

30. COMPANY INFORMATION

30.1. This website is run by Remata Communications and Printers Production House (Pty) Ltd based in South Africa trading as Online Print Shop and with registration number 2009/016172/07 and Mrs. M. C. Saunders, Ms. E. Bense and Ms. A. Burger.

31. CONTACT DETAILS

Remata House, International Business Gateway Park,
Cnr 6th and New Roads
Midrand, Gauteng, SouthAfrica
Tel: 011 848 0000