1. Definitions and Interpretation“Company” refers to Splssh (Splash Emporium, K2023592661), its affiliates, and subsidiaries.“Client” refers to the individual or entity placing an order or requesting services from Splssh.“Job Card” refers to the document detailing product specifications, quantities, branding, and other relevant information that must be approved by the Client before production commences.
2. Acceptance of TermsBy engaging Splssh’s services and/or placing an order, the Client agrees to these Terms and Conditions.Any deviation from these Terms and Conditions must be agreed upon in writing and signed by both parties.
3. Job Card ApprovalAll details on the job card, including product specifications, quantities, and branding, must be reviewed and approved by the Client. No changes can be made after the Client’s approval, unless otherwise mutually agreed in writing.Any errors or discrepancies identified after the approval will not be the responsibility of Splssh, and any modifications requested post-approval may incur additional charges and lead to delays in production.Splssh will not be held liable for delays in production or delivery caused by the client’s failure to approve designs, submit required information, or make payments in a timely manner. Any delays caused by the client may result in extended production timelines, and Splssh reserves the right to adjust delivery dates accordingly. Splssh is not obligated to prioritize such delayed orders over other active projects.
4. Pricing and PaymentAll quotes provided by Splssh are valid for 30 days unless otherwise specified.A 50% deposit is required before production commences, unless agreed otherwise. The remaining balance must be paid before delivery or within the agreed payment terms.In the case of rush orders, full payment is required upfront.Any outstanding balance that remains unpaid beyond the agreed period will attract interest at a rate of 2% per month, calculated from the date the payment became due.Splssh reserves the right to halt production or withhold delivery if payments are delayed or outstanding.
5. Cancellations and ModificationsOnce the job card is approved and production has begun, cancellations are not permitted unless agreed in writing.Should the Client wish to modify the order after approval but before production starts, Splssh will endeavour to accommodate the changes, but additional fees and production delays may apply.
6. Variations in Product and FabricThe Client acknowledges that for in-house manufactured apparel, fabrics are sourced from third-party suppliers. From time to time, slight variations in fabric colour, texture, or finish may occur due to differences in the dyeing or weaving process.Splssh will not be held liable for these slight variations, which may result in the final product being slightly lighter or darker than a previous order or sample.
7. Intellectual Property and BrandingAll logos, designs, and branding materials provided by the Client are assumed to be free of third-party copyright or trademark infringements. The Client is responsible for ensuring the proper authorizations are in place for the use of any branding or intellectual property.Splssh will not be held liable for any claims arising from the unauthorized use of intellectual property.All creative ideas, design concepts, graphic layouts, and product proposals provided by Splssh are the exclusive intellectual property of Splssh. These materials are shared with clients for the purpose of collaboration and project development but remain the sole property of Splssh unless otherwise agreed in writing.Clients are strictly prohibited from sharing, reproducing, or utilizing any designs, concepts, or products developed or previously manufactured by Splssh with any third-party suppliers without prior written consent. This includes, but is not limited to:Presenting creative ideas or product concepts developed by Splssh to other suppliers for production.Using graphic designs or layouts provided by Splssh for proposals or product pitches with other suppliers.Taking any products previously manufactured by Splssh to another supplier for duplication or reproduction.Any violation of this clause will be considered a breach of Splssh’s intellectual property rights, and Splssh reserves the right to pursue legal action and claim damages for any losses incurred as a result of unauthorized use.
8. Delivery and RiskDelivery timelines are estimates and subject to production availability and material supply. While Splssh endeavours to meet all delivery deadlines, delays may occur due to unforeseen circumstances beyond our control.Risk in the goods passes to the Client upon delivery or collection, whichever occurs first.Splssh is not responsible for any loss, damage, or delay caused by the courier or shipping service once the goods have left our premises.
9. Limitation of LiabilitySplssh’s liability for any loss or damage, whether direct or indirect, arising from the use or misuse of products, or from delays or errors in production or delivery, is limited to the replacement of the affected goods or refund of the purchase price, at Splssh’s discretion.Splssh shall not be held liable for any consequential losses, including but not limited to loss of business, profits, or reputation
.10. Force MajeureSplssh will not be held liable for failure to fulfill its obligations under these T&Cs due to events beyond its reasonable control, including but not limited to natural disasters, strikes, labour disputes, supply chain interruptions, or any other unforeseen event commonly referred to as "force majeure."
11. Sample and PrototypesAny samples or prototypes provided by Splssh are for illustration purposes only. Please note that there may be minor differences between the sample and the final product due to factors such as material availability, manufacturing processes, or other external variables.Splssh retains the right to charge for samples unless otherwise agreed in writing. Any sample fees are non-refundable. However, in cases where a client wishes to manufacture a sample of their product before full production, Splssh reserves the right to charge both sample and setup fees. These fees will be deducted from the final order amount if the client proceeds with the full order. However, should the client choose not to confirm the order, any sample and setup fees paid will remain non-refundable.For samples or fitting ranges that are the property of Splssh, such items are considered to hold intellectual property rights belonging to Splssh. These items must be returned to Splssh within 7 working days of receipt, in the same condition and original packaging as delivered. Should any items be returned damaged, soiled, or not returned at all, the client will be invoiced for the full replacement cost of the affected items.Furthermore, clients are allowed to keep samples for a maximum of 7 working days unless otherwise agreed. Beyond this period, any unreturned samples may incur additional fees.Lastly, any modifications or special requirements regarding sample costs, production timelines, or sample returns must be communicated in advance and mutually agreed upon in writing.
12. ConfidentialityBoth parties agree to keep confidential all proprietary information disclosed during the course of their dealings. This includes, but is not limited to, design concepts, pricing, production methods, and customer lists.The confidentiality obligation will survive the termination of the relationship between the parties.Splssh agrees to keep confidential all client-specific information, including but not limited to business strategies, designs, product concepts, and personal data, shared during the course of its business relationship with the client.
Similarly, the client agrees to keep confidential all proprietary information provided by Splssh, including but not limited to product designs, quotes, and manufacturing methods. Breach of this confidentiality clause may result in legal action and claims for damages.
13. Dispute ResolutionAny disputes arising out of or relating to these T&Cs shall first be resolved through good faith negotiations. Should this fail, the matter will be referred to mediation or arbitration before escalating to the courts.The Client agrees that any legal disputes will be subject to the laws of the Republic of South Africa, and the courts of South Africa will have exclusive jurisdiction over the matter.
14. Amendments to Terms and ConditionsSplssh reserves the right to update or amend these Terms and Conditions at any time, and any changes will be communicated to the Client in writing. Continued business dealings with Splssh will constitute acceptance of the updated Terms.
15. Data ProtectionSplssh complies with all applicable data protection regulations, including the Protection of Personal Information Act (POPIA). Personal data provided by the Client will be used for the purposes of fulfilling the order and communicating with the Client.The Client consents to Splssh processing their data in accordance with its Privacy Policy.
16. Returns and RefundsSplssh is committed to delivering high-quality products, and we take pride in ensuring that our items meet the agreed-upon specifications at the time of delivery. However, due to the nature of custom-made merchandise, returns and refunds are subject to the following conditions:
Returns:Any request for returns must be made within 7 working days of receiving the product. After this period, we will consider the product as accepted, and no returns will be processed unless a valid defect is found.Returns will only be accepted if the item is defective or does not meet the agreed specifications at the time of delivery. Proof of defect must be provided.Products that have been used, distributed, or altered in any way after delivery are not eligible for return.
Refunds:Refunds will only be issued for defective products returned within the 7-day period, and where it is evident that the defect is due to a manufacturing fault.No refunds will be provided for wear and tear, improper care, or misuse of the product by the end user after the product has been distributed.Products must be returned in their original condition and packaging for any refund to be processed.
Quality Complaints:Splssh guarantees the quality of the products at the time of delivery. However, once products are handed over to the client or their staff/customers, proper care and usage of the items become the responsibility of the end user.Complaints related to the quality of products after extended periods of use, particularly if the product has not been properly cared for according to the care instructions provided, will not be eligible for refunds or replacements.Products returned or complained about more than 6 months after the date of delivery will not be considered under the Consumer Protection Act (CPA) unless there is a demonstrable manufacturing defect, as per South African law.
Exclusions:Any complaints or return requests made after products have been used for promotional or staff purposes will be evaluated on a case-by-case basis. However, no liability will be accepted for misuse, neglect, or failure to follow care instructions provided at the time of delivery.Splssh is not liable for any damage caused by improper storage, handling, or washing of items by the end user after distribution.
17. Cancellation PolicyCancellation After Quote Approval (Before Production Starts):Once a quote has been approved by the client and any required deposit or full payment has been made, the order is considered confirmed and binding.Should the client wish to cancel the order before production has commenced, Splssh reserves the right to charge a cancellation fee to cover any administrative, material procurement, and design costs incurred up to that point.The cancellation fee will be calculated as a percentage of the total order value, typically 10-20%, depending on the scope of the project.Any custom designs or creative work provided as part of the order will remain the intellectual property of Splssh, and no refund will be provided for design or setup fees already incurred.
Cancellation After Production Has Started:Once production has started, cancellations are not permitted unless mutually agreed upon in writing.If a cancellation is requested after production has begun, the client will be responsible for paying the full cost of any materials, labour, or production work completed up to the point of cancellation.In cases where custom products or items have already been manufactured, the client will be liable for the full cost of production. No refunds will be given for items already produced or in progress, as these are custom-made and tailored to the client’s specifications.Any items in production may be delivered to the client, and the remaining balance must be settled as per the original agreement.Non-Refundable Items and Deposits:Any deposits or setup fees required for custom work, designs, or special projects are non-refundable once production begins or materials are purchased.This policy ensures that the time and resources allocated by Splssh to complete the project are covered.
Amendments to Orders:If the client wishes to make amendments to an order after approval, such requests will be considered, but may result in delays and additional costs. Changes may not be possible once production has begun, depending on the nature of the request.Splssh reserves the right to refuse or limit the acceptance of orders at its discretion. This may occur in cases where the client has previously breached the T&Cs, failed to meet payment obligations, or repeatedly sought services from Splssh without proceeding to production.
18. Governing LawThese Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.