Terms And Conditions
1.1. This page (together with the documents expressly referred to on it) tells you (Customer) information about us (Combined Printing Services) and the legal terms and conditions (Terms) on which CombiPrint supplies any of the products (Products) listed on the website www.combiprint.co.za (Website).
1.2. These Terms will apply to any contracts between CombiPrint and Customer for the sale of Products concluded via the Website (Contract) 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 CombiPrint has given its prior written consent). For the avoidance of doubt, any replies by CombiPrint that reference out to any of the Customer’s correspondence which itself makes reference to the Customer’s purchasing terms and conditions shall not have the effect of incorporating such purchasing terms and conditions.
1.3. To the extent there is any inconsistency between the provisions of these Terms and the provisions of any other documents issued by CombiPrint which are contained on the Website or otherwise made available to Customer, the provisions of these Terms shall prevail.
1.4. Customer should read these Terms carefully and make sure it understands them before ordering any Products from the Website. Please note that before placing an order, Customer will be asked to agree to these Terms.
Customer should print a copy of these Terms for future reference.
1.5. CombiPrint may amend these Terms from time to time. Every time Customer wishes to order Products, it should check these Terms to ensure it understands the terms which will apply at that time. These Terms were most recently updated in July 2021.
2.1. CombiPrint (PTY) Ltd operate the Website. CombiPrint is a private company registered under the South Africa Companies and Intellectual Property Commission as prescribed by the Minister of Trade and Industry in terms of section 223 of the Companies Act, 2008 (Act No.71 of 2008).
2.2. To contact CombiPrint, please refer to the Contact Page.
3.1. Follow the steps a Customer needs to take in order to place an order through the Website, Customer should refer to the How to Order page.
3.3. CombiPrint order process allows 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.
3.4. After Customer places an order, Customer will receive an order confirmation from CombiPrint with a summary of the order. However, this does not mean that the order has been accepted. CombiPrint acceptance of the order will take place as described in condition 3.5.
3.5. The Contract between Customer and CombiPrint shall only be concluded after the Print-Ready or Approved (by the Customer) Artwork (defined in condition 5.1 below) has been transmitted by Customer and CombiPrint has sent a separate order confirmation via e-mail (Acceptance of Order). CombiPrint will send the Confirmation via e-mail within two (2) working days (Mondays to Fridays) after receiving the artwork.
3.6. The application of the UN Sales Convention on the International Sale of Goods (CISG) shall not apply to the Contract.
4.1. For the purposes of these Terms, the Customer shall be deemed to be purchasing as a business if it enters into the Contract, or holds itself out as entering into the Contract, in the course of a business and/or it is purchasing Products which are not of a type ordinarily supplied for private use or consumption.
4.2. If Customer is purchasing as a consumer:
4.2.1. Customer may only purchase Products from the Website if Customer is at least 18 years old; and
4.2.2. Customer has legal rights in relation to any Products that are faulty or not as described. Customer can obtain advice about their legal rights from the Office of the Consumer Protector. Nothing in these Terms will affect these legal rights.
4.3. If Customer is purchasing as a business:
4.3.1. Customer confirms it has the authority to bind any business on whose behalf it uses the Website to purchase Products; and
4.3.2. Customer acknowledges and agrees that these Terms and any document expressly referred to in them constitute the entire agreement between CombiPrint and Customer. Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of CombiPrint which is not set out in these Terms or any document expressly referred to in them.
5.1. CombiPrint completes all orders solely on the basis of print data and information (Artwork) submitted by Customer. Customer must ensure it has read and understood its responsibilities contained in these Terms and which are set out in more detail on the Customer Information page and Artwork guide.
5.2. Customer must check the Artwork carefully against the Format Requirements before submitting to CombiPrint. Except as otherwise set out in this condition 5, CombiPrint will not review any Artwork for compliance with the Format Requirements or otherwise for any typographical errors.
5.3. When CombiPrint has received the Artwork from Customer, CombiPrint will perform a ‘Standard Artwork Check’ on every order submitted by Customer. The extent to which CombiPrint checks the Artwork is detailed on the Customer Information page.
5.4. Where Customer has elected for CombiPrint to perform a ‘Superior Artwork Check’ and/or a ‘Proof’ on the Products, CombiPrint shall charge a fee for such service. The extent of the check to be performed on the Artwork, and the relevant fee for such services, is set out on the Customer Information page.
5.5. Where CombiPrint has produced a proof for Customer pursuant to performing a Superior Artwork Check or Proof on the Artwork, Customer acknowledges and accepts that such proof is merely illustrative of the final Product to be produced by CombiPrint and CombiPrint shall have no liability to Customer for slight variations in the final Product from the proof Supplied.
5.6. If, when CombiPrint performs either the Standard Artwork Check or Superior Artwork Check, CombiPrint discovers that the Artwork supplied by Customer is defective or does not comply with the Format Requirements, CombiPrint will notify Customer and request Customer either provides corrected Artwork or permits CombiPrint to edit the Artwork to the extent necessary to comply with the Format Requirements before CombiPrint completes the order.
5.7. In the event that Customer notifies CombiPrint that it wishes to proceed with the order without correcting any defects in the Artwork, or amending such Artwork so it complies with the Format Requirements, Customer does so at its own risk.
5.8. If additional costs arise due to the inaccuracy of the Artwork, these will be borne by the Customer.
5.9. Where Customer has not submitted Artwork in CMYK mode in accordance with the Format Requirements, CombiPrint 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.
5.10. For the avoidance of doubt, CombiPrint will not accept any responsibility or liability for any colour variations, irregularities or other defects whatsoever of the Products ordered by Customer which are caused as a result of Artwork not complying with the Format Requirements, including (but not limited to) graphics and images, colours and colour mode, cut, fonts and lines.
5.11. CombiPrint 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.
5.12. After the Contract is formed, Customer shall only be entitled to make changes to the order provided Customer remains liable for any additional costs incurred by CombiPrint in making such changes.
6.1. Right of revocation for delivery of goods not manufactured according to customer specifications and delivered in one consignment Revocation policy;
You have the right to revoke this contract within 14 days without giving reasons.
The revocation period shall be 14 days from the day on which you or a third party nominated by you who is not the carrier took possession of the goods.
To exercise your right of revocation, you must inform us by means of a clear statement (e.g. a letter sent by post, fax or email etc.) regarding your decision to revoke this contract.
To observe the revocation period it shall be sufficient for you to send the notification of the exercising of the right of revocation before the expiry of the revocation period.
Consequences of revocation;
If you revoke this contract, we shall refund you all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you chose a type of delivery other than the reasonable standard delivery offered by us), immediately and no later than within 14 days of the date on which we received the notice of revocation of this contract. We shall effect this repayment by bank transfer only. Under no circumstances will you be charged any bank charges for this repayment. We may withhold the repayment until we have received the goods back.
You must send back or transfer the goods immediately and in all cases no later than 14 days from the date on which you notify us of the revocation of this contract. This deadline shall be considered met if you send the goods before the expiry of the period of 14 days. We shall bear the costs of returning the goods. You shall pay for any diminished value of the goods only if this diminished value is attributable to your handling of the goods in any way other than what is necessary to ascertain the quality, nature and functioning of these.
Your right of revocation shall expire prematurely if at your express request we start the execution of the contract before the expiry of the revocation period.
End of revocation policy;
6.3. This right of revocation shall not apply for the delivery of goods that have been produced according to customer specifications.
The right of revocation shall not exist for distance sales contracts – for the supply of goods which are not prefabricated and the production of which is determined by an individual choice or decision of the consumer or which are clearly tailored to the personal needs of the consumer.
If the printed materials are produced via the CombiPrint website according to customer specifications, no legal right of revocation shall exist. No contractual right of revocation is granted.
To observe the revocation period it shall be sufficient for you to send the notification of the exercising of the right of revocation before the expiry of the revocation period.
7.1. Applicable laws require that some of the information or communications CombiPrint send to Customer should be in permanent form and for this purpose, CombiPrint shall confirm such information to Customer by email, which Customer accepts is a permanent form of communication.
7.2. When registering to use the Website, Customer shall provide an e-mail address for communications between CombiPrint and Customer. Customer shall ensure such email address is valid and functioning. In particular, 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 CombiPrint.
7.3. In the case of Customers purchasing as a business:
7.3.1. Customer acknowledges and agrees that this e-mail address shall be stored by CombiPrint and used in respect of any future orders received from the Customer until revoked or modified by the Customer;
7.3.2. Any notice or communication sent by CombiPrint to Customer or by Customer to CombiPrint will be deemed received and properly served (i) immediately when posted on the Website (ii) in the case of e-mails, 24 hours after an e-mail is sent, or (iii) in the case of letter, three days after the date of posting.
8.1. The price of the Products will be as quoted on the Website.
8.2. CombiPrint takes all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the Website. However, if CombiPrint discovers an error in the price of Products(s) ordered by Customer, condition 8.5 will apply.
8.3. Prices for the Products may change from time to time, but changes will not affect any order which CombiPrint has confirmed with an Order Confirmation.
8.4. The price of the Products excludes shipping insurance, packaging and delivery charges
8.5. The Website contains a large number of Products. It is always possible that, despite CombiPrint best efforts, some of the Products on the Website may be incorrectly priced. If CombiPrint discover an error in the price of the Products Customer has ordered, CombiPrint will inform Customer of this error and CombiPrint will give Customer the option of continuing to purchase the Product at the correct price or cancelling the order. CombiPrint will not process Customer’s order until it has received Customer’s instructions. If CombiPrint is unable to contact Customer using the contact details Customer provided during the order process, CombiPrint will treat the order as cancelled and notify Customer in writing. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by Customer as a mispricing, CombiPrint do not have to provide the Products to Customer at the incorrect (lower) price.
8.6. 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 (except if the cancellation is pursuant to the consumer’s rights under condition 6). Additional charges are also payable if Customer requests repeated samples due to a slight deviation from the template.
8.7. Any Superior Artwork Check or Proof that is ordered by Customer shall be subject to an additional fee in accordance with condition 5.4 of these Terms.
8.8. If Customer obtains a quotation for Products from CombiPrint either by e-mail or through the Website, this does not constitute an offer by CombiPrint and shall only be valid for a period of 2 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 2 days of Customer placing the order.
8.9. All prices are for one artwork only and print runs cannot be spilt into multiple artworks / designs.
9.1. The price of the Products automatically excludes VAT (if any, which shall be at the sole discretion of (CombiPrint) at the applicable current rate chargeable in the South Africa for the time being. However, if the rate of VAT changes between the date of the order and the date of delivery, CombiPrint will adjust the VAT payable by Customer, unless Customer has already paid for the Products in full before the change in VAT takes effect.
9.2. If Customer believes that the Product it has purchased should be zero rated for VAT purposes, Customer shall notify CombiPrint immediately following receipt of the Order Confirmation and confirm the reasons for this. CombiPrint will investigate such claim and if it considers (acting reasonably) that such Product should be zero rated for VAT purposes, CombiPrint shall reimburse Customer for any overpayment made in respect of VAT.
9.3. Customers who are registered for VAT purposes must provide to CombiPrint a valid VAT registration number at the time of placing an order. CombiPrint is entitled to retain such information and apply this VAT registration number to any subsequent orders until CombiPrint is notified by Customer in writing that the VAT registration number is no longer valid.
9.4. CombiPrint as the dated period of these Terms and Conditions will not charge VAT on products or services until such time the pending VAT registration is confirmed by SARS.
10.1. CombiPrint uses payment services to process all payments. Customer must pay for Products at the time of placing the order using Smart EFT. Customers should note that CombiPrint shall not start production of the Products until payment has been received in full and print-ready or approved artwork has been supplied.
10.2. No other payment methods or terms shall apply unless expressly agreed with CombiPrint in writing.
10.3. CombiPrint shall issue an invoice for products ordered by Customer.
10.4. In the event that Customer makes a payment in error, it is the responsibility of Customer to notify CombiPrint and request CombiPrint reimburse such sum. Subject to confirmation by CombiPrint that it has received such overpayment, CombiPrint shall reimburse the sum to Customer. Where the repayment of any such sum by CombiPrint is subject to an additional charge, CombiPrint shall be entitled to deduct the amount of any charge from the sum to be reimbursed.
11.1. Delivery is based upon the production time taken by CombiPrint to manufacture the Products and the delivery time to ship the Products to Customer.
11.2. CombiPrint will endeavour to deliver the Products as soon as possible after Customer’s order has been accepted and CombiPrint has completed the production of the Products.
11.3. CombiPrint will advise Customer of the estimated date when the production of the Products shall be completed, however Customer accepts that time is not of the essence in relation to any estimated dates given by CombiPrint.
11.4. For the avoidance of doubt, CombiPrint shall not commence production on the Products until it has received payment in full for the Products and it is in receipt of the final Artwork following the completion of any Standard Artwork Check, Superior Artwork Check or Proof. Further information regarding production times can be accessed via the Customer Information page.
11.5. Delivery will be completed when CombiPrint nominated carrier delivers the Products to the address given by Customer during the order process.
11.6. If Customer is not available at the delivery address, CombiPrint 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 rearrange 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.
11.7. The Products will be at the risk of the Customer from completion of delivery. Customer shall only own the Products once CombiPrint has received payment in full for the Products.
11.8. Delivery of the Products shall be performed during normal business hours, being Monday to Friday 8am to 5pm.
11.9. The delivery of prospectuses takes place on disposable pallets; shipment tracking is not possible in this case.
11.10. For the avoidance of doubt, CombiPrint 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 CombiPrint, The Carrier or Customer’s failure to provide CombiPrint with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
12.1. CombiPrint or 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 CombiPrint or The Carrier. An Event outside the Control of CombiPrint or The Carrier is defined below in condition 12.2.
12.2. An Event Outside the Control of CombiPrint or The Carrier means any act or event beyond CombiPrint or The Carrier’s reasonable control, including without limitation 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, 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.
12.3. If an Event outside the Control of CombiPrint or The Carrier takes place that affects the performance of CombiPrint or The Carrier’s obligations under a Contract:
12.3.1. CombiPrint will notify Customer as soon as reasonably possible; and
12.3.2. CombiPrint obligations under a 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 CombiPrint.
12.4. If the Event outside the Control of CombiPrint or The Carrier extends beyond four weeks, Customer shall be entitled to cancel the Contract.
13.1. Where Customer’s Products arrive in a damaged or defective condition, or Customer claims the Products are not as described, Customer must notify CombiPrint immediately and, in any event, no later than 3 days following receipt of the Products. Subject to Customer giving CombiPrint a reasonable opportunity of examining such Products and Customer (if asked to do so by CombiPrint returning such Products to CombiPrint at CombiPrint cost), CombiPrint will provide a full refund of the price paid by Customer including return postage and packing.
13.2. If Customer returns any Products to CombiPrint and CombiPrint can prove they were not damaged or defective when Customer received them, or are not properly described, CombiPrint may send them back to Customer, claiming the cost of return postage and no refund shall be due to Customer.
13.3. For the avoidance of doubt, CombiPrint shall not be liable to accept any returned Products from Customer in circumstances where the Product is based on Artwork produced by Customer which fails to comply with the Format Requirements stipulated by CombiPrint.
CombiPrint liability if Customer is purchasing as a consumer:
14.1. If CombiPrint fails to comply with these Terms, CombiPrint is responsible for any loss or damage suffered by Customer that is a foreseeable result of CombiPrint breach of the Terms or CombiPrint negligence. Loss or damage will be foreseeable if they are an obvious consequence of CombiPrint breach or if they were contemplated by Customer and CombiPrint at the time the Contract was entered into.
14.2. CombiPrint does not in any way exclude or limit its liability for:
14.2.1. Death or personal injury caused by our negligence;
14.2.2. Fraud or fraudulent misrepresentation;
14.2.3. Defective products under the Consumer Protection Act, No.68 of 2008.
CombiPrint liability if Customer is purchasing as a business:
14.3. Nothing in these Terms limit or exclude CombiPrint liability for:
14.3.1. Death or personal injury caused by our negligence;
14.3.2. Fraud or fraudulent misrepresentation;
14.3.3. Defective products under the Consumer Protection Act, No.68 of 2008.
14.4.Subject to condition 14.3, CombiPrint will under no circumstances whatever be liable to Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
14.4.1. Any loss of profits, sales, business, or revenue;
14.4.2. Loss or corruption of data, information or software;
14.4.3. Loss of business opportunity;
14.4.4. Loss of anticipated savings;
14.4.5. Loss of goodwill; or
14.4.6. Any indirect or consequential loss.
14.5. Subject to condition 14.3 and condition 14.4, CombiPrint total liability to any business Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 200% of the price of the Products.
15.1. When these Terms refer to “in writing”, this will include e-mail.
15.2. If Customer is purchasing as a consumer:
15.2.1. To cancel a Contract in accordance with Customer’s legal right to do so as set out in condition 6 Customer must contact CombiPrint in accordance with condition 6.3.
15.2.2. If Customer wishes to contact CombiPrint In writing for any other reason, Customer can send this to CombiPrint by e-mail at email@example.com
. Customer can always contact CombiPrint using the Customer Services telephone line.
15.2.3. If CombiPrint has to contact Customer or give Customer notice in writing, CombiPrint will do so by e-mail.
15.3. If Customer is purchasing as a business, any notice given by Customer to CombiPrint, or by CombiPrint to Customer, will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this condition shall not apply to the service of any proceedings or other documents in any legal action.
16.2. Before sending an Order Confirmation, CombiPrint has the right to cancel Customer’s order, if Customer does not deliver Artwork that complies with the Format Requirements within a period of 2 days from date of order.
17.2. CombiPrint will use the personal information provided by Customer to:
17.2.1. Supply the Products;
17.2.2. Process the payment for such Products; and
17.2.3. Inform Customer about similar products or services that CombiPrint provides, but Customer may stop receiving these communications at any time by contacting CombiPrint or by clicking an unsubscribe button.
17.3. Save as set out in condition 17.4 below, CombiPrint does not pass any personal data to any other third party.
CombiPrint shall not archive Products belonging to Customer (including in particular data and media) without prior written agreement and upon such payment terms as CombiPrint shall in its sole discretion determine. Customer shall be responsible for insuring such archived Products.
The Customer shall indemnify CombiPrint against any and all claims, liability, costs losses, damages and expenses arising out of the use by CombiPrint of the materials provided to CombiPrint by Customer including (without limitation) the Artwork
20.1. CombiPrint may transfer its rights and obligations under a Contract to another organisation, but this will not affect Customer’s rights or CombiPrint obligations under these Terms.
20.2. Customer may only transfer its rights or obligations under these Terms to another person if CombiPrint agrees in writing. However if Customer is a consumer and has purchased a Product as a gift, Customer may transfer the benefit of the warranty to the recipient of the gift without needing to ask CombiPrint consent.
20.3. The Contract is between CombiPrint and Customer. No other person shall have any rights to enforce any of its terms. If Customer is a consumer, the recipient of any gift of a Product will have the benefit of CombiPrint warranty, but CombiPrint and Customer will not need their consent to cancel or make any changes to these Terms.
20.4. 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.
20.5. If CombiPrint (i) fails to insist that Customer perform any of its obligations under these Terms, (ii) does not enforce its rights against Customer, or (iii) delays in enforcing its rights against Customer, that will not mean that CombiPrint has waived its rights against Customer or that Customer does not have to comply with those obligations. If CombiPrint does waive a default by Customer, CombiPrint will only do so in writing, and this will not mean that CombiPrint will automatically waive any later default by Customer.
20.6. If Customer is purchasing as a consumer, these Terms are governed by South African law. This means a Contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by South African law. Customer and CombiPrint both agree that the courts of South Africa will have non-exclusive jurisdiction.
20.7. If Customer is purchasing as a business, these Terms are governed by South African law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by South African law. Customer and CombiPrint both agree to the exclusive jurisdiction of the courts of South Africa.