SPLSSH TERMS & CONDITIONS
Effective Date: 23 February 2023
Welcome to Splssh (Pty) Ltd! By accessing our website, placing an order, or engaging with our services, you agree to these Terms & Conditions. Please read them carefully before proceeding.
1. DEFINITIONS
1.1 "Splssh" refers to Splssh (Pty) Ltd (Splash Emporium, K2023592661), a registered company in South Africa, including its subsidiaries, directors, employees, and agents.
1.2 "Client" refers to any individual, company, or entity placing an order for merchandise or services from Splssh.
1.3 "Goods" refers to all custom-made or sourced products provided by Splssh as per the Client’s specifications.
1.4 "Order" refers to a request for Goods or services, confirmed through written approval (email, quote acceptance, or digital agreement).
1.5 "Job Card" refers to the document detailing product specifications, quantities, branding, and relevant information, which must be approved before production begins.
1.6 "Force Majeure" refers to any circumstances beyond Splssh’s control that prevent fulfillment of obligations, including natural disasters, pandemics, strikes, supply chain disruptions, or regulatory changes.
2. ACCEPTANCE OF TERMS
2.1 By placing an order with Splssh, the Client acknowledges and agrees to these Terms & Conditions.
2.2 These terms apply to all transactions, including purchases made via the Splssh website, email, or direct consultation.
2.3 Any deviations from these Terms & Conditions must be confirmed in writing by both parties.
3. ORDER CONFIRMATION & PAYMENT TERMS
3.1 Quotation Validity: Quotes are valid for 7 days, unless otherwise specified. Pricing may change after this period.
3.2 Deposit Requirement: A 60% upfront deposit is required before production starts. The remaining 40% balance is due before dispatch or collection.
3.3 Rush Orders: Full upfront payment is required for expedited production.
3.4 Late Payments: Orders will not be released until full payment is received. A 2% daily interest fee applies to overdue balances.
3.5 Payment Methods: Payments must be made via EFT (electronic funds transfer) to Splssh’s designated bank account. Proof of payment must be sent to accounts@splssh.co.za.
4. JOB CARD APPROVAL & PRODUCTION
4.1 All details on the Job Card, including product specifications, branding, and quantities, must be reviewed and approved before production begins.
4.2 Once approved, no changes can be made unless mutually agreed upon in writing. Additional costs and production delays may apply.
4.3 Splssh is not responsible for any errors or discrepancies that were not identified before approval.
4.4 Standard production lead times range from 10-21 business days, depending on order complexity.
5. DELIVERY & RISK TRANSFER
5.1 Clients are responsible for all courier costs, unless otherwise agreed.
5.2 Splssh facilitates delivery but is not liable for third-party courier delays, damages, or losses.
5.3 Risk and ownership of Goods transfer to the Client upon dispatch.
6. RETURNS, REFUNDS & CANCELLATIONS
6.1 Custom Orders: Due to the personalised nature of our products, all sales are final. No refunds or exchanges will be granted unless a product defect is confirmed.
6.2 Defective Goods:
Clients must report defects within 5 business days of receipt.
If verified, Splssh will repair or replace the defective item at no extra cost.
6.3 Order Cancellations:If production has not started, a cancellation fee of 10-20% of the order value will apply.
Once production has started, cancellations are not allowed. Deposits are non-refundable.
7. INTELLECTUAL PROPERTY & BRANDING RIGHTS
7.1 Clients confirm they have the legal right to use any logos, trademarks, or artwork provided to Splssh.
7.2 Clients indemnify Splssh against any legal claims arising from unauthorised use of intellectual property.
7.3 Ownership of Designs & Concepts:
All creative concepts, designs, and proposals developed by Splssh remain Splssh’s exclusive intellectual property.
Clients may not reproduce, share, or use Splssh’s designs with third-party suppliers without written consent.
7.4 Branding Rights:Splssh reserves the right to feature completed projects in marketing materials, social media, and promotional content.
Clients may opt out of marketing use by submitting a written request before production begins.
8. LIMITATION OF LIABILITY
8.1 Splssh is not liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the Goods.
8.2 The maximum liability of Splssh under this Agreement is limited to the total order value.
9. FORCE MAJEURE
9.1 Splssh is not responsible for delays or failure to meet obligations due to circumstances beyond its control, including:
Natural disasters
Strikes or labour disputes
Supplier failures
Pandemics or government restrictions
10. CONFIDENTIALITY
10.1 All proprietary business information, including pricing, designs, and production methods, must remain strictly confidential.
10.2 Unauthorised disclosure may result in legal action.
11. DISPUTE RESOLUTION & GOVERNING LAW
11.1 Dispute Resolution:
Any disputes shall first be attempted to be resolved amicably.
If unresolved, the dispute shall be referred to arbitration under the Arbitration Foundation of South Africa (AFSA).
11.2 These terms are governed by the laws of the Republic of South Africa.
12. DATA PROTECTION (POPIA COMPLIANCE)
12.1 Splssh complies with the Protection of Personal Information Act (POPIA).
12.2 Client data is used solely for order fulfillment and communication.
12.3 By engaging with Splssh, Clients consent to data processing in accordance with our Privacy Policy.
13. AMENDMENTS TO TERMS
13.1 Splssh reserves the right to update these Terms & Conditions at any time.
13.2 Continued use of Splssh services constitutes acceptance of the revised terms.
14. CONTACT INFORMATION
For any queries regarding these Terms & Conditions, please contact:
📧 Email: accounts@splssh.co.za
📍 Address: 51 George Storrar Drive, Groenkloof, Pretoria, 0181