INTRODUCTION

Welcome to the official website of Gift Set South Africa a division of Gear Corporate Group. Throughout this website and in this document, we will refer to ourselves as “the company,” “we,” “us,” and “our.”

These Terms and Conditions govern the use of our website, including the process of ordering, sales, and delivery of goods. By accessing or using this website, you agree to be bound by these Terms and Conditions.

Our website provides a convenient platform for online shopping, offering a diverse range of products such as clothing, apparel, gifts, headwear, and display items. These products can also be customized and branded according to your specific requirements.

REGISTRATION

User Registration:

To access and utilise our website’s services, all users must go through a registration process. This can be done by visiting the link https://giftset.co..za and complete the required registration form.

Approval and Account Setup:

After submitting your registration, our team will review the information provided. Once your registration is approved, you will be provided with your login details.

De-registration:

Inactivity on an account for a period of 12 (twelve) months will result in the account automatically being deactivated. Users will be required to follow the user registration process again.

RESTRICTIONS OF WEBSITE USAGE

Except as specifically permitted in these Terms and Conditions, you may not display, publish, copy, print, post, or use the Website or its information in any way. If you choose to advertise your products using information from the Website, you may only use images that are intended for promotional purposes. It is strictly prohibited to use any intellectual property from the Website to falsely represent yourself or your website as Amrod.

ORDER PLACEMENT

Placing Orders:

All orders must be placed through our online platform or email our sales department sales@giftset.co.za with your requirements. We do not accept orders through any other communication channels.

Order Acceptance:

We reserve the right to accept or reject any order. Our acceptance relies on factors including product availability, accurate information provided (including pricing), and successful payment or authorization.

Limited Stock Availability:

Please be aware that the availability of our products is limited. While we strive to promptly update our website with current stock levels, we cannot always guarantee availability. If any item becomes unavailable after an order is placed, we will notify you and provide a refund.

Price Changes:

Prices shown on our website are subject to change without prior notice. Gear Corporate retains the right to modify prices for goods or services offered. Any price adjustments will be communicated through written notice.

Estimated Time of Arrival (ETA):

Although we regularly update ETA dates for our stock, unforeseen delays in supplier, shipping, or customs processes may occur. Therefore, the accuracy of these dates cannot be guaranteed.
Lead times do not include weekends, South African public holidays, or Amrod’s annual shutdown period.

Branding Requests:

If you request branding for your order, an additional charge for branding services will be applicable on top of the stock fees. Both payments must be received before the branding process can commence.

PAYMENT

Accepted Payment Methods:

Gear Corporate accepts payment via EFT ,MasterCard, Visa, or Debit cards. Please note that American Express and Diners cards and cash are not accepted. Orders will only be dispatched after the payment is reflected in our account.

International Payments:

Transactions from foreign banks may require a processing period of 4 to 7 business days. Orders linked to these transactions will be dispatched upon validation of payment in our account.

Approved Credit Facilities:

In cases where credit facilities are extended by us, refer to your credit application document for an overview of the respective terms and conditions.

DELIVERY AND COURIER SERVICES

Gear Corporate Fleet Delivery:

For large orders within the greater Johannesburg area, we provide an in-house delivery service. Please note that this service is available upon request.

Courier Services:

We offer the flexibility for customers to choose courier delivery through our website or use their own preferred courier service. Charges for this service are based on each order and can be viewed and requested directly on our website.

Air freight restrictions:

Kindly be aware that specific products, such as power banks, are not eligible for air freight destinations. Please take note of these restrictions when selecting your delivery method.

CANCELLATIONS AND RETURNS

Order Cancellation and Damages:

Once an order is confirmed, it becomes a binding contract and cannot be cancelled. Any damages or shortages must be reported within twenty-four (24) hours of collection or delivery.

Cancellation Policy:

Failure to make full payment within ten (5) working days may result in order cancellation. For orders valued above five thousand rand (R5,000 excluding VAT) that are cancelled, a 15% handling and administrative fee will be charged. The company reserves the right to cancel an order and impose a 15% handling fee in case of non-payment. Orders that have already undergone the layout process cannot be cancelled after ten (5) working days, and a layout fee of two hundred rand (R200 excluding VAT) per layout will be charged. No cancellations will be accepted after final artwork approval and commencement of branding work.

Faulty Goods and Returns:

If a product supplied by Gear Corporate is found to be defective and/or covered under warranty, you must notify us within five (5) days from the date of receipt. It is important to promptly report any defective products or issues covered under warranty to the company within this time frame. Failure to do so may affect your eligibility for return or replacement.

Repair Returns:

Before repair work, a cost estimate will be provided to the customer for approval. Repaired items not collected within thirty to ninety days (30 to 90 days) after completion may be sold by the company to recover costs.

Returns Approval:

Written approval from the company management is mandatory for returning collected stock. Returns will only be accepted with the accompanying invoice/s. A 25% handling and administrative fee applies to approved returns of collected stock. No future orders will be processed unless prior cancellation fees have been settled.

WARRANTIES

Guaranteed Goods

Warranty coverage is available for new goods through Gear Corporate-specific warranties or original manufacturer’s warranties, however, it is important to note that certain goods exempt from product warranties may have latent defects, for which Gear Corporate is not responsible.

Fitness for Purpose:

Gear Corporate does not warrant that the goods are suitable for any specific purpose.

Liability and Repairs:

Our liability is limited to repairing or replacing faulty goods or issuing a credit of equivalent value. In case of returned goods with no fault found, all associated costs will be passed on to the customer.

INTELLECTUAL PROPERTY

Limited License:

By accessing this website, users are granted a limited, non-exclusive license to access and use the content provided for personal, non-commercial purposes. Users must not use, reproduce, modify, or distribute the content, including text, graphics, images, videos, and audio, without obtaining prior written consent from Gear Corporate, except as expressly permitted.

Third-Party Content Disclaimer:

Some content on this website may be sourced from third parties. Gear Corporate does not claim ownership over such content and acknowledges that it is subject to the intellectual property rights of their respective owners.

User Submissions:

By submitting any content, including but not limited to text, images, videos, or other materials, users grant Gear Corporate the right to use, reproduce, modify, and adapt the submissions for fulfilling order requests. Gear Corporate will not claim ownership of users’ intellectual property and will not use it for any other purpose without obtaining explicit consent. Users are personally responsible for ensuring that their submissions do not infringe upon any third-party intellectual property rights. Gear Corporate shall not be held liable for any copyright or trademark infringement arising from user submissions.

DISCLAIMER

Your utilisation of the Website is undertaken entirely at your own risk, and you shall bear sole responsibility for any loss or risk arising from such utilisation or reliance on the information provided on the Website.

Whilst we endeavour to ensure the accuracy and completeness of the content on the Website, we provide no guarantee as to its quality, timeliness, operation, integrity, availability, or functionality.

We hereby disclaim any liability for any direct, indirect, or consequential damage, loss, or liability arising from your access or use of the Website and its content, unless otherwise mandated by applicable law.

The Website and all information provided therein are provided “as is” without any warranty, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as permissible under law.

Any views or statements presented on the Website shall not necessarily reflect our views or statements.

We make no warranty or representation, whether express or implied, that the information or files available on the Website are free from viruses or any other harmful data or code that may disrupt, disable, or compromise the operation, stability, security, functionality, or content of your computer system or network unless arising from our gross negligence or wilful misconduct.

LIMITATION OF LIABILITY

Gear Corporate shall not assume any liability for any direct, indirect, incidental, special, or consequential damages resulting from your use of the Website, inability to use the Website, or any unlawful activity on the Website or linked third-party websites.

By using the Website, you agree to indemnify and hold Gear Corporate harmless against any loss, claim, or damage arising from your use of the Website or any linked third-party websites.

PRIVACY POLICY SUMMARY

Our Privacy Policy outlines how our website safeguards the privacy of its users in compliance with applicable data protection laws.

Collection and Processing of Personal Information:

We will only collect, and process personal information provided by users for specified purposes such as order processing, customer inquiries, enhancing user experience, and legal compliance.

Third-Party Disclosure:

We will not disclose or sell users’ personal information to any third parties without explicit consent, except as required by law or to fulfil contractual obligations.

Security Measures:

We implement appropriate security measures to protect users’ personal information from unauthorized access, alteration, or disclosure.

User Rights

Users have the right to access, correct, or delete their personal information held by our website. These rights can be exercised by contacting our designated data protection officer via email, accounts@gearcorporate.com

Use of Cookies:

Our website may use cookies or similar technologies to improve user experience. Users can manage or disable cookies through their browser settings.

Consent:

By using our website, users acknowledge and consent to the collection, processing, and storage of their personal information as described in this Privacy Policy. Please refer to our website footer for the complete Privacy Policy.

FORCE MAJEURE

If either Party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under this Agreement because of the strike, lock-out, fire, explosion, floods, riot, war, accident, act of God, embargo, legislation, shortage of or a breakdown in transportation facilities, civil commotion, unrest or disturbances, cessation of labour, government interference or control, or any other cause or contingency beyond the control of that Party, the Party so affected shall be relieved of its obligations hereunder during the period that such event and its consequences continue but only to the extent so prevented and shall not be liable for any delay or failure in the performance of any obligations hereunder or loss or damages either general, special or consequential which the other Party may suffer due to or resulting from such delay or failure, provided always that written notice shall forthwith be given of any such inability to perform by the affected Party.

Any Party invoking force majeure shall, upon the termination of such event giving rise thereto, forthwith give written notice thereof to the other Party. Should such force majeure continue for more than 90 days then the Party who shall not have invoked the force majeure shall be entitled forthwith to cancel this Agreement in respect of any obligations still to be performed hereunder.

GOVERNING LAW

These terms and conditions shall be governed and interpreted by the laws of the Republic of South Africa including but not limited to:
Electronic Communications and Transactions Act (ECTA) 2002
Consumer Protection Act (CPA) 2008
Companies Act 2008
National Credit Act 2005
Consumer Protection Regulations (CPRs)
Protection of Personal Information Act (POPIA) 2013

ARBITRATION

Any disputes arising from or related to this agreement shall be resolved through arbitration. The Rules of the Arbitration Foundation of Southern Africa will govern the arbitration process, with the arbitrator(s) appointed by the Foundation.

SEVERABILITY

If any clause or term of this Agreement is deemed invalid, unenforceable, or illegal by a court of competent jurisdiction, the remaining terms and provisions of this Agreement shall remain in full force and effect, unless the invalidity, unenforceability, or illegality fundamentally affects the essence of this Agreement.

DOMICILIUM AND NOTICES

Correspondence between the parties shall be sent to the following addresses:
Gear Corporate Gifts & Clothing (Pty) Ltd
168 Bellairs Drive
North Riding
Gauteng, 2169
South Africa
Notices shall be considered received under the following conditions:
If delivered in person during the recipient’s regular business hours at their address, the notice is presumed received at the time of delivery, unless evidence to the contrary is provided.
If sent via email to the recipient’s provided email address, the notice is presumed received on the same day as sending, unless evidence to the contrary is provided.
Regardless of any clauses stated, a written notice or communication received by a party shall be considered sufficient even if it was not sent or delivered to their chosen address.

GENERAL

This Agreement represents the entire understanding between the parties, superseding any prior agreements or representations, whether written, oral, or implied.
Neither party is bound by any terms, representations, or promises that are not explicitly recorded in this Agreement. Written documentation excludes data messages as defined in the ECTA, and “signed” refers to a handwritten signature without electronic intervention.
No changes or cancellations of this Agreement (including this clause) shall be valid unless in writing and signed by or on behalf of both parties. “In writing” excludes data messages as defined in the ECTA, and “signed” refers to a handwritten signature without electronic intervention.
No leniency or tolerance granted by either party shall be considered a waiver of any rights, and the granting party retains the right to enforce any rights against the other party, past or future.
This Agreement does not create a partnership, joint venture, agency, or employment relationship between the parties. Neither party has the authority to bind the other or create liabilities on their behalf.

Annexure

SAMPLE POLICY

We understand that clients require samples to close a deal.

Our sample policy is as follows:

1. Samples are available for purchase and collection from our Johannesburg Showroom and through our online platform.
2. All sample orders need to be paid for and collected within 5 working days from invoice date and if not paid and collected within this time they will be cancelled.
3. Clients ordering samples from either Cape Town or Durban may have these sent overnight to the respective branches.
4. Sample orders consisting of less than 10 line items that are placed online before 11h00 for Cape Town and Durban will be delivered the following day.
5. All sample orders that exceed 10 line items will be invoiced from our main warehouse and will be treated as a bulk order.

RETURNS AND REFUNDS OF SAMPLES

6. The following samples may not be returned:
   1. Those with an individual product price of less than R30.00 (excluding VAT);
   2. Any branded items; and
   3. Consumables and perishables.
7. Samples with an individual product price of R30.00 excluding VAT or more may be returned for a refund or credit if:
   1. The sample items have not been used, worn and are not damaged.
   2. The items are in their original condition and packaging, damage to any part of the packaging will result in the samples not being accepted for return.
   3. The returned items should be accompanied by the relevant original invoice.
   4. The items should be returned within a week of collection.
8. If the samples returned are deemed acceptable by Gear Corporate, in its sole discretion, it will process a refund or credit note.
   1. It may take up to 10 (ten) days for Gear Corporate to inspect samples;
   2. Refunds are only processed on Fridays;
9. Sample orders exceeding 10 line items that need to be returned for credit will only be accepted at the Johannesburg office, to be returned at your expense. Bulk order returns are subject to prior Management approval and are to be returned to our Johannesburg office (these will attract a handling fee).
10. For clothing samples stock not returned within 72 hours will be invoiced for your account. If the clothing is branded, we will charge a pre-production sample fee to cover the cost of the branding on the unreturned item.

BRANDING

ARTWORK POLICY

1. ARTWORK GUIDELINESPROCESS
   1. All artwork should be uploaded or emailed for processing, alternatively,
   2. All final layouts should be approved
   3. COD clients are expected to make full payment and credit term clients should ensure that they have sufficient credit available
   4. Branding will only commence once the layout is approved and full payment is received.
   5. Branding lead times are quoted from the day after artwork approval and proof of payment is received, whichever is later.
   6. For expedited clearing of orders you are encouraged to pay for orders online through the payment portal that can be accessed on our website or if paying into one of our bank accounts, please use the order number as reference and e-mail your proof of payment to accounts@gearcorporate.com.
   7. All orders and the status of these can be seen and tracked on your dashboard, if you have any queries about these please contact us.
2. ARTWORK SUBMISSION
   1. Only PC format artwork will be accepted, vector artwork is preferred but artwork in the following file formats will be acceptable:
      1. .CDR;
      2. .EPS;
      3. .AI;
      4. .PDF;
      5. .FH.
   2. The following formats are not accepted:
      1. Word or PowerPoint files
      2. Gif and jpeg (under 600dpi)
   3. Artwork for multicoloured imprints must be sent as a colour separated file, save for in the instance of digital printing.
   4. If typesetting is required, clients must include font and size. To avoid font substitutions, all fonts submitted must be converted to “curves”.
3. ARTWORK APPROVAL AND APPLICABLE FEES
   1. All artwork needs to be approved, branding will only commence once artwork has been approved and full payment for the order has been received.
   2. By approving the artwork;
      1. You accept the layout as depicted in the artwork, you have ensured that the item being branded, colour and size of the item are correct.
      2. Gear Corporate will not be held accountable for any spelling or artwork errors on items branded in accordance to the approved artwork.
   3. Once artwork has been approved, no changes will be accepted.
   4. Printing colours will be matched as close as possible to pantone colours or swatches supplied, we do not guarantee a 100% colour match.
   5. We do not guarantee any print onto metal or ceramics.
   6. Additional fees do not apply to artwork received in the correct format however artwork received in the incorrect format will attract a redrawing fee of R250 excluding VAT. This fee will accommodate two further changes to the layouts, where after any additional changes will be charged for at R150 excluding VAT per change.
   7. Branding cancelled after layouts have been generated will be charged for at R200 excluding VAT per layout completed.
   8. Branded orders that are due to be completed between 16h30 and 17h00 will be dispatched to the relevant branches on the same day (provided that the branch delivery selection has been updated before 15h00 on that day).
4. UNBRANDED BULK ORDERS
   1. Unbranded bulk orders will be dispatched the day after both the payment has been received and the branch selection has been updated.
   2. If you place your order online, you can do so until 23h00 and your order will be dispatched the following day (provided payment is made and the branch delivery selection has been updated by 11h00 the following day).

DISPLAY

1. Where skins are available for sale as stand-alone items, Gear Corporate is able to refit skins onto Gear Corporate-purchased hardware from our Johannesburg Head Office. Should a client request that Gear Corporate refit skins, the return of hardware to Gear Corporate Johannesburg Head Office will be for the client’s account. Once complete, we will send the items to the client at clients cost or your can collect from Johannesburg for client collection.
2. Refitting of skins by Gear Corporate is subject to inspection of the relevant hardware. If the existing hardware is faulty or damaged, Gear Corporate will not be able to refit skins.
3. If the client is re-skinning hardware themselves it is the client’s responsibility to ensure that the hardware is not faulty or damaged. Gear Corporate cannot be held liable for skins purchased that cannot be fitted properly due to faulty or damaged hardware.
4. It is the client’s responsibility to ensure they order the correct skin for the correct display unit.
5. Reskinning is specifically tailored to fit to Gera Corporates display hardware. Gear Corporate cannot be held responsible for any skins purchased to fit third-party hardware.
6. All artwork must be created in CMYK and all pantone colours must be included as a pantone solid coated spot within the print file supplied. Please note failing this will result in no colour matching taking place. Please also note due to the limited colour range of various digital CMYK Print methods, not all pantone colours can be achieved. We endeavour to match as closely as possible, but, colour variation will take place on different materials like PVC versus Fabric.
7. Fluorescent and metallic pantones cannot be matched. Only a tonal representation thereof can be achieved.
8. Overexposure to sunlight will reduce the longevity of the print.
9. We encourage you to take care of the display fabric and remove it from direct sunlight at all opportunities.
10. Display fabrics purchased from Gear Corporate come with a 3-month limited print fade warranty.

DISPLAY REPAIR POLICY

11. Display hardware purchased from Gear Corporate comes with a 3-year limited mechanical repair warranty.
12. The warranty excludes display hardware that has been mishandled, abused or not used for its intended purpose.
13. Display hardware that is under warranty and requires repair must be returned to Gear Corporate at the client’s own expense. All broken or damaged parts must be included.

WORKWEAR POLICY

1. Manufacture of workwear products will only commence when the order is received and, for COD clients, full payment is received. Once a sales order is generated your order may not be cancelled or changed.
2. Conti suit sets are sold according to industry-standard which directs that the pants in the set are 2 sizes smaller than the jacket. Conti suit sets will therefore be sold based on the jacket size, for example, if you place an order for a size 34, the jacket will be a size 34 and the pants size will be a size 30.
3. Kindly ensure that sizing has been established correctly before placing an order with us as sets will always be sold as per the above.
4. We will not accept any returns on unbranded or branded workwear items that have had tape specially applied as these are not ex-stock items. We will only accept returns on workwear items that are held in stock and readily available.