The Cape Art Company (The Company) and any prospective Designers or Artists (Custom Wholesaler) enter an arrangement for custom printed products under the following terms:

  1. ONLY original art, designs and photographs will be submitted for custom printing. No stock imaging will be printed.
  2. Please refer to the guidelines in the RESOURCES TAB for advise on submitting designs for printing and how to order your products online.
  3. Custom printing will only be done once an artist, designer or photographer is registered and vetted by The Company as a Custom Wholesaler.
    1. COPYRIGHT: The Custom Wholesaler reserves the copyright in terms of the Copyright Act 98 of 1978 to all art created by The Custom Wholesaler and sent to The Company, including all reproduction rights.
    2. The Custom Wholesaler will request and approve sample prints of any new designs prior to it going into production to ensure that colour variations are picked up prior to processing orders. The onus rests on the Wholesaler to request this prior to placing their first order. Sample prints are for the Wholesaler's account. Please note colour variations can occur between different print orders, but The Company takes care to prevent this. 
    3. PRICING: The Custom Wholesaler must work out their own price ranges.
    4. SHIPMENT: Shipment is included in the wholesale pricing. The Company will ensure safe delivery/shipment of the products with a courier of our choice. Custom Wholesalers can also collect their stock at The Company’s premises. In cases where stock is collected, the products is supplied ex-factory and safe delivery is the responsibility of the client.
    5. LOSS/DAMAGE OF SHIPPED PRODUCTS

      1. The Company will take every precaution possible to prevent loss or damage of shipped products. It is the responsibility of the Custom Wholesaler to inspect all delivered parcels for damage, take photographs if necessary, and make a note on the return copy of the delivery note of any damage to the packaging. This will enable us to claim for damage if and when necessary. WE WILL ONLY INVESTIGATE A CLAIM OF DAMAGE IF YOU HAVE DONE THIS. Once you have signed for your delivery, our courier partners and ourselves will have the right to assume you were happy with the state of the parcels at delivery.
    6. DELIVERY ADDRESS: The Company will only deliver to the registered delivery address of the Custom Wholesaler and will not pack stock for clients of theirs.
    7. QA: The Company will adhere to a quality assurance system to guarantee excellent quality home décor products being supplied to our customers.
    8. COMMUNICATION: Our preferred method of communication is via email since we can then have a record of orders and instructions. WhatsApp messages should be used to sort our quick issues like transport or quick questions only. NO ORDERS OR CHANGES TO ORDERS MUST BE COMMUNICATED VIA WHATSAPP. WhatsApp communication is applicable during trading hours and we implore you to respect personal time after hours.
    PRINTING
    1. Due to the nature of sublimation and UV printing, there is a 5-7% incidence of rejects/misprints in some print-runs. B-grade prints will be for the account of the Custom Wholesaler at 40% of the price and will not exceed 7% in quantity. Alternatively, B-grade products can be re-sold in our factory shop. 
    2. Should you not agree to give us permission to re-distribute any defective printing to our factory shop, you agree to pay for any B-grade products that you can then re-distribute or use at your own discretion, upon registration and acceptance of these Terms and Conditions. 
    3. RETURN POLICY: The Custom Wholesaler will inform The Company of any defective/unsatisfactory products within 7 working days and return such products for the account of the Custom Wholesaler to The Company within 14 working days from receipt in the exact condition they received it. Any writing, marking or damage on the products will nullify the claim for defect and you will not be credited for such returned products. The Company will investigate and replace reasonable claims at their cost. The products that you order for custom printing with The Company is not covered by The Consumer Protection Act in terms of goods bought on impulse through direct marketing. These products are ordered for custom production by The Designer and is regulated by agreed terms as stipulated in this document and agreed upon prior to production of such products.
      1. The company has no obligation to accept returned goods outside of this 14-day period and products sent back without explanation or discussion will be returned to the sender.
      2. Only products returned and checked will be replaced and sent on our account. If the Custom Wholesaler do not want the specific returned items replaced, a credit note will be issued or the client will be refunded for the value of the product, given it is returned within die 14 day period.
    4. All effort will be made to accommodate any specific printing/design requests from the Custom Wholesaler, if it is reasonable and achievable and ensures that the common goal of supplying quality products is adhered to.
    5. The Custom Wholesaler indemnifies The Company against any third-party claims for infringement of copyright and warrant that all products given to The Company are original work done by the Custom Wholesaler.

    PAYMENT

    1. The Company will work on an ex-works payment system only. This implies that any custom-design print work requires a deposit of 50% upon placement of an order, prior to the order being executed. NO PRINTWORK WILL START UNTIL THE 50% DEPOSIT PAYMENT WAS MADE.
    2. The full invoiced amount must be settled prior to the completed products being shipped from The Company. Proof of Payment should be e-mailed one working day prior to shipping to allow our dispatch to release and book shipments. All payments to be done via EFT or our card facilities on the premises. NO STOCK WILL BE RELEASED FROM OUR DISPATCH WITHOUT SUCH PROOF OF PAYMENT.
    3. Discounts or term extensions is at the sole discretion of The Company. As a client you do have our commitment to keep our pricing as low and competitive as we possibly can.

      Exclusivity in terms of supply, products or design themes cannot be guaranteed.

      AGREEMENT: The Company reserves the right to assume acceptance of these Trading Terms and Conditions upon registration of your business to use our services and further assumes that you have read and understood the Terms and Conditions as set out in this document. In the case of any non-agreement, please state the issue in an email sent to info@thecapeartcompany.co.za in order for us to resolve and keep on file for any future disputes.