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Terms and Conditions (“Terms”) – Quotes, Orders, Deliveries and Returns

Our Terms and Conditions were last updated on 12/06/2023.

Definitions

  • “Account” means your credit account with Kingsley & Associates Pty Ltd
  • “Artwork” means the Artwork used to produce/brand the Product. An Artwork sample, layout or mock-up has to be approved before production.
  • “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Kingsley & Associates Pty Ltd.
  • “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Products
  • “Products” refers to the products or items offered for sale by the company.
  • “Orders” means a request by You to purchase Products from Us.
  • “Promotions” refer to contests, sweepstakes or other promotions offered by the Company.
  • “Quotes” refer to costings given by the Company for Products as defined by You at the time of enquiry.
  • “Terms and Conditions” (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service and purchase of Products.
  • “You” means the individual accessing or using the Service and purchase Products, or the company, or other legal entity on behalf of which such individual is accessing or using the Service and purchase Products, as applicable.

Acknowledgment

These are the Terms and Conditions governing the usage of Services and purchase of Goods from the Company. These Terms and Conditions set out the rights and obligations of all parties regarding the use of the Services and purchase of Goods.

Your use of the Services and purchasing of Goods from the Company is conditioned on Your acceptance of and compliance with these Terms and Conditions. By using the Services and purchasing Goods from the Company You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not use of the Services and purchase the Goods from the Company.

Please read these terms and conditions carefully before using Our Service and purchasing Products. 

Quotes

  • When requesting a quote from the Company, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your company name, Your email, Your phone number, Your billing address, and Your shipping information.
    You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
  • All Quotes issued by the Company are valid for 30 calendar days unless otherwise indicated on the Quote. If an Order is placed after the Quote expiry date, we cannot guarantee delivery at the Quoted price.
  • Quotes are created based on the initial specification from the client. If this specification should change after ordering, we cannot guarantee delivery at the Quoted price. Prices are subject to change if quantity ordered differs from quantity quoted.
  • Deliveries within Gaborone are free of charge. If You are based outside Gaborone, it is Your responsibility to arrange for collection or we will courier the items to You at Your cost.
  • Your contact and company details will be recorded on our Customer Relationship Management tool for the purpose of quoting as well as keeping you up to date with our Products and Promotions via E-Mail Marketing, Direct Calls and Visits. If You don’t want to receive these updates, please notify Your sales representative. You are also able to unsubscribe from E-Mail Newsletters by clicking the “Unsubscribe” link in the email at any time.

Orders

  • To confirm an Order, customers without a credit account with the Company have to pay a 50% deposit. Customers with a credit account are required to send a Purchase Order.
  • For Orders with new Artwork and changes to existing Artwork, You will receive Artwork to approve. This approval should be given by signing on the layout and sending it back to Us.
    For straight repeat Orders with no Artwork changes communicated by You at the time of the Order, we will proceed with the previous Artwork used for printing or branding of the ordered Product.
  • We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
    • Products availability
    • Errors in the description or prices for Products
    • Errors in Your Order
    • Failure to pay 50% deposit. This means the order will not be processed until the deposit is paid
    • Failure to approve Artwork within 15 working days (this also applies to cases where no Artwork or Artwork specifications are provided by You within the time frame)
    • Suspicion of fraud or an unauthorized or illegal transaction
  • If Orders are cancelled after an Artwork layout has been created and due to no fault of the Company, a 15% handling charge will be levied.

Deliveries and Returns

  • Our standard lead time is 10 working days from the time of Artwork approval or order (only if there is no Artwork to be approved e.g. stationery). However, this lead time is dependent on the nature and quantity of the Products ordered as well as if all stock required is available at the time of Order. We can therefore not guarantee this standard lead time for all of our Products. Our sales representatives will do their best to communicate the estimate time of delivery to you after Order/Approval of Artwork.
  • If the delivery is required urgently (less than 10 working days), You are required to communicate this when requesting for a Quote. That way, we will be able to advice if the delivery will be possible or not, and to which conditions.
  • Orders can only be returned if:
    • The return happens within 5 working days of delivery and
    • An original invoice is presented and
    • There is an error with the delivery that is proven to be caused by the Company, e.g.
      • Delivery does not match Order
      • Delivered goods do not match the approved Artwork
      • Goods are damaged before delivery to You
    • You are therefore obligated to check the goods immediately after receipt. If You sign on the invoice/delivery note, that the goods were received in good order, You will have to provide concrete proof that the fault lies with the Company. If no proof is provided, the Company reserves the right to refuse the return.
    • If Products are returned after 5 working days or due to an error not caused by the Company, the Company reserves the right to refuse the return or charge a 15% handling fee.
    • If the error is caused by Kingsley, we will re-supply or refund the Order after reaching an agreement with You on the appropriate solution.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, distribute, modify and exploit such Feedback without restriction.

Governing Law

The laws of the Botswana, excluding its conflicts of law rules, shall govern these Terms. 

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to use our Service or purchasing our Products after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using Our Service and purchasing Our Products.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: