T-SHIRT MACHINE™ TERMS OF SERVICE
These Terms of Service (“Terms”) are effective as of:
1 August 2024 “Effective Date”
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE AND/OR UTILISING ITS SERVICES. YOUR CONTINUED BROWSING/USE OF THIS WEBSITE AND/OR UTILISATION OF ITS SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT BROWSE/USE THIS WEBSITE AND/ OR ITS SERVICES IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO ALL USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.
- Introduction
1.1 The website www.tshirtmachine.co.za (“the Website”) is operated and/or owned by T-SHIRT MACHINE™ (registration number: 2022/464784/07) (hereinafter referred to as “T-SHIRT MACHINE™“, “we”, “our” or “us”). The Terms herein are entered into by and between T-SHIRT MACHINE™ and the Browser/User. Any reference to “T-SHIRT MACHINE™“, “we”, “our” or “us”, shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
1.2 These terms, including any document or policy incorporated by reference herein (collectively, the “Terms”) apply to any Browser/User who uses any one or more of the services, accesses, refers to, views and/or downloads any information or material made available on the Website for whatever purpose (hereinafter referred to as “User”, “you” or “your”).
1.3 Accessing and/or use of the Website and/or its services after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity and for and on behalf of any entity for whom you use the Website.
1.4 To the extent permitted by applicable law, we may modify the Terms with prospective effect without prior notice to you (including the price of Goods), and any revisions to the Terms will take effect when posted on the Website. Such modifications will require acceptance by you prior to your continued use of the Website, and shall thereby be construed as your consent to the amended or updated Terms. Your only remedy, should you not agree to these Terms, is to refuse acceptance of the amended or updated Terms, thereby preventing your use of this Website and/or its services.
- Terminology
2.1 “Browser” shall mean any person who visits any page of the Website, whether by landing at the home page or any other page through use of a hyperlink of another website or by direct access to the Website and who has no intention of using, or does not use, the Services offered by us;
2.2 “Business Days” shall mean any days which are not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa during working hours;
2.3 “Goods” shall include the products and/or services as made available to a User for purchase;
2.4 “Party” or “Parties” shall mean T-SHIRT MACHINE™ and/or the Browser/User as the context implies;
2.5 “Services” shall refer to the Services with regards to the Goods provided by us to the User as set out in clause Clause 4 below;
2.6 “Terms” shall mean these Terms of Service; and
2.7 “User” shall mean the Browser who initiates the service provision process by sending a message on our Website in order to prospectively make use of the Services.
2.8 Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
- Your agreement to these Terms
3.1 Subject to, and on the basis of a Browser’s / User’s acceptance of the Terms, we grant to you a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern such use and access.
- Description of our Services
4.1 The Website enables and facilitates you to shop for and purchase our Goods and Services.
4.2 Our Services entail the design, printing and production of merchandise and apparel (“Goods”) for, amongst other things, corporate and promotional Goods, Sportswear Goods, recycled licensed brand Goods, and custom brand goods, the specific types of which can be located on our product catalogue. We offer different options when it comes to the printing including, but not limited to Direct to Film (“DTF”), Direct to Garment (“DTG”), sublimation printing, vinyl printing, silk screen printing and embroidery. Following your purchase of the Good(s) we will print and create your Good(s), package it and arrange for it to be shipped to you.
4.3 While many component parts of our Goods are standard, all Goods available for purchase are described on their specific page on our Site. We always try to represent each Good as accurately as possible via photography or images. We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee nor do we provide any warranties that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
4.3 We reserve the right, but are not obligated, to limit the sales of the Goods to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Goods that we offer. All descriptions of Goods or Goods pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Goods at any time. Any offer for any Goods made on this site is void where prohibited.
4.4 We do not warrant that the quality of any Goods, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the services will be corrected.
- Process of Service Provision
5.1 Should a User wish to purchase a Good(s), they should enquire about doing so via the simple contract form on the Website.
5.2 Thereafter, the User will receive an email response from T-SHIRT MACHINE™ within 24 hours, requesting details concerning, but not limited to, the quantity, style, fabric, colours, artwork (if relevant) that the User wishes to purchase.
5.3 Following a response from the User, we will provide, via email, a tailor-made quote for our Good(s) and Services. Should you acknowledge your acceptance of this quote, we will send you a proforma invoice and request your payment of a deposit.
5.4 Upon your payment of the deposit, we will create and send you a sample for approval. Once the sample is approved, we will agree to a delivery deadline with you and, thereafter, commence production of the Good(s).
5.5 At or towards the end of the production process, we will send you, via email, the invoice for you to pay the balance of what is owing. Upon payment we will arrange for shipping (or collection, if requested by you), for the Good(s).
- Payment
6.1 As per Section 5, Following receipt of invoices (either for deposits or final balances), Users must make payment for Good(s), the options of which may be the following (if specified in the invoice):
6.1.1 Via Credit card/Debit card;
6.1.2 Via Electronic Funds Transfer (“EFT”) or Bank Transfer;
6.1.3 Via other payment portals specified in the invoice;
6.1.3 Any other means provided on the invoice at the discretion of T-SHIRT MACHINE™ .
6.2 Services will only be actioned and Goods will only be released for delivery, as relevant, once payment has been received into our banking account.
- Shipping
7.1 The Goods shall be delivered to the User through the services of a “shipper” (this may be a shipper, a courier or a freight service, as the case may be) of our selection and:
7.1.1 The Goods shall be delivered to the User at the address selected during the payment process.
7.1.2 The Goods shall be delivered, where possible on a Business Day, but this shall depend on the shipper.
7.1.3 Any additional charges that may be levied in respect of the delivery of the Goods or forced return of the Goods such as, but not limited to, custom blockage in respect of a User outside of the Republic of South Africa, shall be for the User’s account.
7.2 Our obligation to provide the Goods to you is fulfilled upon collection thereof by the Shipper. We are not responsible for any loss or unauthorised use of the Goods after provision thereof to the shipper. The quality of the shipping services is entirely the responsibility of the shipper who ultimately provides such shipping services to you. We, under no circumstance accept liability in connection with and/or arising from the shipping services provided or any acts, actions, behaviour, conduct, and/or negligence on the part of the shipper, including any loss of and/or damage to the goods handed to your shipper for delivery.
7.3 For further information about returns of Goods, please refer to our Returns Policy which is incorporated, by reference, into these terms.
- Warranties by the User
8.1 The User warrants and represents that the Personal Information provided to us is and shall remain accurate, true and correct and that the User will update the Personal Information held by us to reflect any changes as soon as possible.
8.2 The User further warrants that when engaging us via the website, or otherwise, it:
8.2.1 is not impersonating any person; and
8.2.2 is not violating any applicable law regarding use of personal or identification information.
- Warranties by T-SHIRT MACHINE™
9.1 We make no representation or warranty (express or implied) that the Website or Services will:
9.1.1 meet a User’s needs;
9.1.2 be accessible at all times;
9.1.3 be accurate, complete or current; or
9.1.4 be free from viruses.
9.2 Subject to any express terms, T-SHIRT MACHINE™ makes no representation or warranty as to the volume or subject area of Goods and services facilitated through the Website.
9.3 Except for any express warranties in these Terms, the Services are provided “as is”. T-SHIRT MACHINE™ makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement. We do not provide any warranties against viruses, spyware or malware that may be installed on your computer as a result of you accessing or using the Website.
9.4 T-SHIRT MACHINE™ does not warrant that the use of the Website will be uninterrupted or error free, nor do we warrant that we will review information for accuracy.
9.5 T-SHIRT MACHINE™ shall not be liable for delays, interruptions, service failures or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of T-SHIRT MACHINE™ . While a User may have statutory rights, the duration of any such statutory warranties, will be limited to the shortest period to the extent permitted by required law.
- Guarantees by T-SHIRT MACHINE™
10.1 T-SHIRT MACHINE firmly stands behind the quality and ethical production of its Goods and guarantees that no harm to animals, people or the environment is prevalent in the production process of its Goods.
- Unauthorised use of the Website, email addresses and Goods as provided by us
11.1 A User or Browser may not use the Website for any objectionable or unlawful purpose.
11.2 A User or Browser undertakes not to send to us spam mail, or make use of other unsolicited mass e-mailing techniques.
11.3 A User or Browser shall not introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment through email communication with us.
11.4 A User or Browser may not sell, redistribute or use information contained on the Website for a commercial purpose without our prior written consent.
11.5 A User or Browser may not remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Website or any of our emails.
11.6 A User or Browser understands and agrees that it is solely responsible for compliance with any and all laws, rules and regulations that may apply to its use of the Website or the Goods and Services.
- Links to other Websites
12.1 The Website may contain links or portals to other websites. We have no control over websites operated by third parties and the User agrees that we are not responsible for and will have no liability in connection with a User’s access to or use of any third-party website, as further alluded to in our Privacy Policy.
- Limitation of Liability and Indemnity
13.1 The Website shall be used entirely at a User’s own risk.
13.2 We are not responsible for, and the User agrees that we will have no liability in relation to, the use of and conduct in connection with the Website, or any other person’s use of or conduct in connection with the Website, in any circumstance.
13.3 We cannot guarantee or warrant that any file downloaded from the Website or delivered to you via email will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. A User is responsible for implementing appropriate processes, systems and procedures to protect itself from this type of issue.
13.4 A User indemnifies us, and agrees to keep us indemnified, from and against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with a User’s improper use of or conduct in connection with the Website, including any breach by a User of these terms or any applicable law or licensing requirements.
13.5 To the maximum extent permitted by law we exclude all implied representations and warranties which, but for these terms, might apply in relation to a User’s use of the Website.
13.6 You expressly agree that your use/purchase of, or inability to use/purchase, the Website or Goods is at your sole risk. The Goods delivered to you (except as expressly stated by us) are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
13.7 In no case shall T-SHIRT MACHINE™, our directors, partners, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, delict (including negligence), strict liability or otherwise, arising from your use of the Website or purchase of any Goods or for any other claim related in any way to your purchase of any Goods or your use of the Website, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the Website or purchase of Goods.
13.8 To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or delict (including negligence), to a User will be limited to the minimum amount imposed by such law.
- Copyright
14.1 T-SHIRT MACHINE™ and the contents of the Website are the property of T-SHIRT MACHINE™, unless specified otherwise, and are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website and/or the Services, is our property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.
14.2 Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
14.3 Users are expressly prohibited to “mirror” any content, contained on the Website, on any other server unless our prior written permission is obtained, should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
14.4 The User is granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website, so long as the link does not portray us, our affiliates, Goods or Services in a false, misleading, derogatory, or otherwise offensive manner. A User may not use our logo or other proprietary graphic or trademark as part of the link without our permission or the permission of our affiliates or content suppliers.
14.5 It is specifically recorded that all artwork created for the Goods, where not evidently that of third parties, are the exclusive property of T-SHIRT MACHINE™ .
- Intellectual Property
15.1 A User undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website including any algorithm used by us.
15.2 We own or are licensed to use all intellectual property on the Website. A User may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose.
15.3 All intellectual property relating to the subject matter of these Terms, inclusive of copyrights (as per clause 15 above), trademarks and any other intellectual property rights, in and to any of the content of the Website or the Goods, where not evidently that of third parties, are the exclusive property of T-SHIRT MACHINE™ .
- Breach
16.1 If either Party commits a breach of the Terms and fails to remedy such breach within 7 (seven) days of receipt of written notice requiring the breach to be remedied, then the Party giving notice shall be entitled, at its option, either to cancel the Terms and claim damages or alternatively to claim specific performance of all the defaulting Party’s obligations, together with damages, if any, whether or not such obligations have fallen due for performance.
- Termination
17.1 At any time and with or without cause, T-SHIRT MACHINE™ may immediately terminate either these Terms or any or all rights and privileges granted to the User herein, including suspending a User’s access to and/or use of the Website and/or the Goods provided by T-SHIRT MACHINE™. In no event shall any such termination or suspension by T-SHIRT MACHINE™ relieve the User of any obligation that has accrued under these Terms prior to the date of such termination or suspension.
17.2 A User may terminate these Terms at any time by ceasing to enter the Website and using the services.
17.3 On any expiry or termination of these Terms, T-SHIRT MACHINE™ may delete any websites, web pages, files, graphics, media or other content or material relating to Users use of the Website and/or the Goods provided and T-SHIRT MACHINE™ shall have no liability to user or any person for doing so.
17.4 The expiry or termination of these Terms shall not prejudice or affect any cause of action, right, remedy or defence which shall have accrued or shall thereafter accrue to either party.
- Dispute Resolution
18.1 Any dispute which arises between the Parties in respect of the Terms shall require the Parties to use their best endeavours to resolve the dispute informally within 7 (seven) days of the dispute having been raised in writing.
18.2 If either Party provides written notification to the other that such attempt has failed then each Party shall attempt to agree upon the appointment of a suitably qualified mediator, within 10 (ten) days of such dispute being referred.
18.3 If agreement is not reached as to the appointment of such mediator within 10 (ten) days after either Party has in writing called for the appointment of a mediator, or where an appointment has been agreed upon and such mediator is not able to mediate a resolution of such dispute within 30 (thirty) days after such appointment then any Party may give written notice to the other Parties referring the dispute to arbitration in accordance with the rules of Arbitration Foundation of South Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA.
18.4 Either Party may demand that a dispute be referred to arbitration by giving written notice to that effect to the other Party. This clause shall not preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.
18.5 The arbitration shall be held –
18.5.1 at/in Western Cape, virtually or any manner or venue agreed by the parties in writing;
18.5.2 in English; and
18.5.3 immediately and with a view to its being completed within 21 (twenty one) days after it is demanded.
18.5.4 The Parties irrevocably agree that the decision in arbitration proceedings:
18.5.4.1 shall be final and binding upon them;
18.5.4.2 shall be carried into effect;
18.5.4.3 may be made an order of any court of competent jurisdiction.
- Assignment, Cession and Novation:
19.1 We may assign, cede or novate any of our rights or obligations under these Terms without a User’s consent. A User may not assign, cede or novate any of his/her/its rights.
- Force Majeure:
20.1 The failure of either Party to fulfill any of their obligations under these Terms shall not be considered to be a breach of, or default provided such inability arises from an event of Force Majeure, and that either of the Parties who may be affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures in order to meet these Terms, and has informed the other as soon as possible about the occurrence of such an event.
20.2 During the subsistence of Force Majeure, the performance of both Parties under these Terms shall be suspended, on condition that either of them may elect to cancel any Services should the event of Force Majeure continues for more than 14 (fourteen) days by giving written notice to the other.
- Severance
21.1 If any of these Terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by us to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.
- Domicilium Citandi Et Executandi and Contact Information
22.1 The User and T-SHIRT MACHINE™ choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:
22.1.1 T-SHIRT MACHINE™ Email: info@tshirtmachine.co.za
23.1.2 User email: The address as provided when engaging us
22.2 Both the User and T-SHIRT MACHINE™ may change its domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (Seven) days after receipt of notice of change of domicilium.
22.3 All notices to be given in terms of these Terms will:
22.3.1 be given in writing;
22.3.2 be delivered or sent by email; and
22.3.3 be presumed to have been received on the date of delivery.
- Protection of Personal Information
23.1 T-SHIRT MACHINE™ commits to respect your privacy and ensure the lawful processing of all of your personal information as defined in and in line with the Protection of Personal Information Act, 4 of 2013 (“POPIA”).
23.2 By accepting these Terms of Service, you also undertake to comply with all of the applicable prescripts and requirements of POPIA, as may be relevant to you.
23.3 T-SHIRT MACHINE™’s Privacy Policy is incorporated, by reference, into these Terms of Service.
- Eligibility
24.1 We will only knowingly provide our Goods to persons who can lawfully enter into and form contracts under applicable law.
24.2 If you are under the age of 18 you may not engage with us and purchase our Goods. This, however, may be done on your behalf by a parent, legal guardian or major who agrees to be bound by these terms.
- General
25.1 To the extent permitted by law, these Terms shall be governed by and be construed in accordance with South African law, and any dispute arising out of these Terms shall, subject to the dispute resolution provisions above, be adjudicated by competent South African courts having the requisite jurisdiction to hear the matter.
25.2 Subject to the dispute resolution provisions above, to the extent necessary and/or possible, you consent to the non-exclusive jurisdiction of the High Court in Western Cape or an alternative appropriate South African court seized with appropriate jurisdiction in all disputes arising out of the Terms, our Services, and/or related agreements incorporated by reference.
25.3 This Agreement constitutes the entire Agreement between the Parties
Last updated: July 2024
