Terms and Conditions
Brand Name Marketing (Proprietary) Limited (Registration Number: 2005/006237/07)
trading as “OM BRANDSHOP”
In these terms and conditions, unless specifically stated otherwise:
we" or "us" shall mean Brand Name Marketing (Proprietary) Limited, trading as OM BRANDSHOP , and "you" or "your" shall mean the customer; and
products" means the products offered by us for purchase on the OM BRANDSHOP website from time to time.
1.1 Subject to the provisions of clause 1.3 below, the price of each OM BRANDSHOP product is displayed on the OM BRANDSHOP
website alongside the product concerned and is quoted in South African Rands (ZAR). In the event of a sale or special offer, the discounted price
1.2 Prices displayed EXCLUDE VAT and are subject to change from time to time. Prices charged to you upon placement of an order will be
charged inclusive of VAT and delivery charges, if applicable.
1.3 We shall make all reasonable efforts to procure that the prices displayed on the OM BRANDSHOP website are correct as at the time of display.
1.4 In the event that products are displayed alongside incorrect prices, however, we will not be obliged to sell the products in question at the
prices alongside which they were displayed, but shall only be liable to refund to you the difference between the correct price and the price at
which the products were purchased, where the purchase price paid exceeded the correct price.
2. SHIPPING AND DELIVERY COSTS
2.1. Delivery within South Africa:
2.1.1. For all orders over the value of R850.00 including VAT, delivery costs are FREE.
2.1.2. For all orders UNDER the value of R850.00 including VAT, an additional cost of R85.00 including VAT will be levied for delivery.
2.1.3 All deliveries to Mutual Park in Pinelands will be FREE of delivery charges.
2.2. Delivery outside of South Africa: all shipping and delivery costs are for your own account, in accordance with clause 3.2 below.
3.1. Inside the borders of South Africa
3.1.1. We shall use our best endeavours to ensure that all products purchased on the OM BRANDSHOP website:
184.108.40.206. will be delivered to major city centres within 48 hours of the order being placed, and to outlying areas within a maximum of
72 hours of the order being placed.
220.127.116.11. over weekends & public holidays will be delivered 48 hours from the first working day after the order is placed, for
example, products purchased over weekends will be delivered the Tuesday thereafter.
3.1.2. By placing an order, you understand and agree that any person other than yourself who receives the products at the delivery
address nominated by you to us, shall be conclusively presumed to be authorised to accept delivery on your behalf.
3.1.3. Should no one be in attendance at your nominated delivery address at the time of delivery, the products will be retained by
us and a notice will be left at the delivery address to this effect. You will be required to contact Rene Jacobs at Brand Name
Marketing (021 788 3712) to make new arrangements for delivery or collection.
3.1.4. We reserve the right to charge an additional delivery fee should we be required to make a further delivery if no one is at your
nominated delivery address to receive the products on agreed delivery day.
3.1.5. Our liability for failing to deliver the products on the agreed delivery day, or at all, is limited to ensuring that the products are delivered at
a later agreed time at no additional charge to you..
3.1.6. You are obliged to ensure that you or an authorised person shall be in attendance at the delivery address during the agreed delivery day and
that appropriate access to the delivery address will be made available to our delivery team .
3.1.7. Any person accepting delivery of the products at the delivery address nominated by you shall be requested to confirm his/her acceptance of
the products, and that the products were in a satisfactory condition by signing & printing his/her name on the accompanying delivery slip,
failing which the products shall not be released into his/her custody.
3.1.8. Should you instruct us to make delivery to any person or address other than the person or address originally nominated by you for
delivery (for instance, to a neighbour), we shall not be liable for any loss or damage, or for any discrepancy in the order, arising out of
delivery to such alternative person or address.
3.2. Outside the borders of South Africa: you will be responsible for arranging delivery of products to locations outside the South African borders, and we
shall have no liability to you in that regard, save that we will use our best endeavours to ensure that your order is ready for collection and all
paperwork as may be required for customs clearance, is completed.
4. RETURNS AND COOLING OFF PERIOD
4.1. You may, for a period of 7 (seven) days after delivery of any products ordered, cancel the order concerned for any reason whatsoever, and
return the products in question or alternatively request that they be collected by our delivery team, and we shall, subject always to the
provisions of clause 4.5 below, refund to you the full purchase price of the products returned, less any direct costs incurred by us in
collecting the products, should you have requested us to collect same.
4.2. If, after expiry of the 7 (seven) day period contemplated in clause 4.1 above, you are for any reason dissatisfied with a product purchased
on the OM BRANDSHOP website, you may return it, or alternatively request that it be collected by our delivery team.
4.3. OM BRANDSHOP reserves the right to reject products returned in terms of clause 4.2 above, where such products are returned more than 10 (ten)
working days after their delivery date, save for those products as are returned due to their being defective, which are provided for in clause 4.7
4.4. To arrange for collection by the delivery team, please contact Rene at Brand Name Marketing (021 788 3712) during business hours, or
alternatively email us on firstname.lastname@example.org
4.5. Any product returned, save for a defective product, must be in its original product packaging, unused, and in the condition in which it was received
at the time of delivery to you, failing which we reserve the right to:
4.5.1. refuse to accept the return of the product concerned;or
4.5.2. impose a reasonable charge in order to cover any re-packaging costs incurred by us.
We reserve the right to require proof of purchase of any products being returned after expiry of the 7 (seven) day period contemplated in
clause 4.1 above.
4.6. A refund for the product returned in accordance with the provisions of this clause 4 will be credited to you.
4.7. We will accept returns of any defective products for a period of 180 (one hundred and eighty) days after the date upon which the products
in question were delivered to you. Should you return a defective product to us, we shall, at your election, either:
4.7.1. replace the product at our expense, provided that stock of such products remains available at the time at which the defective product
is returned; or
4.7.2. provide you with a full refund for the product concerned.
5.1. We will make every effort to ensure that the information supplied on the OM BRANDSHOP website from time to time, is accurate.
5.2. Where delays (including, without limitation, delays arising out of stock shortages) may affect your order, we will inform you of same
as soon as is practicable after we become aware of such delay, and you shall be entitled, at your election, to:
5.2.1. cancel the order and be refunded any monies already paid by you in that regard, together with interest thereon at the rate prescribed in the
Consumer Protection Act from time to time; or
5.2.2. continue with the order, and accept delivery of the products concerned at a later date.
6. PAYMENT METHODS
6.1. Unless we specifically advise you otherwise in writing, two methods of payment are acceptable to us, namely:
6.1.1. Credit card / debit card payments; and/or
6.1.2. Direct Transfer of funds
6.2. At the time of your placing an order, the transaction details will be presented by us to the relevant bank, for the purposes of obtaining
an authorisation for the amount of the order concerned.
6.3. Should the relevant bank decline authorisation for a transaction, we shall notify you in writing accordingly, and we shall be entitled, but not
obliged, to cancel the order concerned.
6.4. Payment is only collected by us once the order is complete and prior to the products being shipped.
6.5. Note that to protect both your and our interests, we scrutinise all transactions very carefully to prevent attempted fraud, and we reserve
the right to refuse a transaction where we are not entirely satisfied with its legitimacy.
7. AGREEMENTS OF SALE
7.1. By placing an order on the OM BRANDSHOP website, you acknowledge and agree that placing an product in a shopping basket or adding it to a
wish list without completing the purchase cycle does not:
7.1.1. give rise to and/or constitute an agreement of sale between us and you, and we shall not be liable if products identified by you for
purchase are no longer available when the purchase cycle is completed later; and/or
7.1.2. Constitute an order for such an product; and we may remove such a product from your shopping basket or wish list if no stock of the
product is available.
7.2. An agreement of sale between us and you only comes into effect if and when:
7.2.1. A credit card authorisation is received from the issuing bank; or
7.2.2. Payment authorisation is received from the bank in question
7.3. We reserve the right to refuse to accept and/or execute any order without giving reasons therefor. We also reserve the right to cancel orders in whole
or in part as circumstances dictate and we shall have no liability in respect of such refusal and/or cancellation, provided that we shall notify you of such
cancellation immediately, and refund to you any amounts actually paid by you to us in respect of the order concerned.
8. STOCK AVAILABILITY & REFUNDS
8.1. By placing an order on the OM BRANDSHOP website, you acknowledge and agree that stocks of all products on offer on the OMBRANDSHOP website
8.2. We shall use all reasonable efforts to discontinue the offer of a product, as soon as stock of the product concerned is no longer available.
8.3. However, should products still appear on offer after stocks thereof are sold out, we shall have no liability in respect of the unavailability
of the product concerned, provided that we shall notify you of the unavailability of the product as soon as practicably possible after we
become aware thereof, and refund to you monies actually paid by you in consideration for the unavailable products, where we are unable to
fulfil orders placed, not later than 30 (thirty) days after notifying you of the product’s unavailability.
9. SPECIAL OFFERS & REFUNDS
9.1. We shall not be liable for the sale of products at lower and/or temporary discount prices where you, for any reason whatsoever,
are unable to conclude an agreement of sale with us in respect of the products concerned prior to such prices being increased.
9.2. If we supply a product other than the product actually ordered by you, or if a product is in any way faulty or damaged, we will, at your election,
exchange it for the correct or non-defective one, as the case may be, or refund to you the full purchase price paid for the product, including
10. RISK & OWNERSHIP
10.1. Risk in and to the products shall pass to you upon acceptance of delivery of the products at the delivery address nominated to us by you.
10.2. Ownership in and to the products shall pass to you upon receipt, by us, of the purchase price payable in respect of the products concerned.
11. OLD MUTUAL GROUP: NO LIABILITY
11.1. By placing an order on the OM BRANDSHOP website, you acknowledge and agree that:
11.1.1. any transaction concluded or attempted by you (“a Transaction”) in relation to the OM BRANDSHOP website and/or the products
displayed thereon, is a Transaction exclusively as between you and Brand Name Marketing (Proprietary) Limited; and
11.1.2. Old Mutual Group shall have no liability to you in respect of any such Transaction.