PROMORA DIGITAL – TERMS & CONDITIONS POLICY
1. Legal Compliance
Promora Digital operates in full compliance with applicable South African legislation, including:
- Consumer Protection Act 68 of 2008 (CPA)
- Protection of Personal Information Act 4 of 2013 (POPIA)
- Electronic Communications and Transactions Act 25 of 2002 (ECTA)
These Terms ensure fair, transparent, and lawful transactions between Promora Digital, its clients, and suppliers.
2. Quotations & Order Acceptance
- Quotations are valid for 7–14 days unless otherwise stated.
- Orders are only confirmed upon:
- Written approval (email or purchase order), and
- Receipt of required deposit
Legal Compliance:
In accordance with the CPA and ECTA, all transactions must be transparent, and electronic agreements are legally binding once accepted.
3. Pricing & Payment Terms
- Prices may change due to supplier costs, exchange rate fluctuations, or material availability.
- A 50–70% deposit is required before production.
- Full payment is required prior to delivery unless otherwise agreed in writing.
Legal Compliance:
CPA requires fair and transparent pricing with no misleading cost structures.
4. Product Specifications & Approval
- Clients must approve all artwork, branding, sizes, and specifications before production.
- Once approved, Promora Digital is not liable for errors in design or content.
- Minor colour or material variations may occur.
Legal Compliance:
CPA supports supplier protection where the consumer has approved final specifications.
5. Production & Lead Times
- Lead times are estimates and subject to:
- Supplier availability
- Production capacity
- External delays
Promora Digital will communicate delays promptly.
Legal Compliance:
CPA allows reasonable delays if communicated clearly and not misleading.
6. Returns, Refunds & Defective Goods
In accordance with the CPA:
- Clients may return defective or incorrect goods within 7 days of delivery.
- Goods must be reported in writing with supporting evidence.
Custom Products:
- Custom-branded items are non-refundable, unless:
- Defective
- Incorrectly produced
Legal Compliance:
CPA Sections 55 & 56 guarantee the right to safe, good-quality goods and allow repair, replacement, or refund where applicable.
7. Supplier & Third-Party Liability
- Promora Digital sources products from third-party suppliers.
- While reasonable quality checks are conducted:
- Supplier delays or stock shortages may occur
- Promora Digital is not liable for supplier failures beyond reasonable control
Legal Compliance:
CPA allows limitation of liability where third-party involvement is disclosed.
8. Order Changes & Cancellations
- Orders cannot be cancelled once production has started.
- Cancellations prior to production may incur costs.
Legal Compliance:
CPA permits reasonable cancellation penalties where costs have already been incurred.
9. Delivery & Risk
- Risk passes to the client upon delivery or collection.
- Courier damages must be reported immediately.
Legal Compliance:
ECTA and CPA allow risk transfer once goods are delivered as agreed.
10. Protection of Personal Information (POPIA)
Promora Digital processes personal information in accordance with POPIA:
- Data is collected only for business and order purposes
- Information is stored securely
- Data is not shared without consent unless legally required
Clients have the right to:
- Access their personal data
- Request correction or deletion
11. Intellectual Property
- All designs remain the property of Promora Digital until paid in full.
- Clients warrant that supplied materials do not infringe third-party rights.
Legal Compliance:
Protected under South African intellectual property laws and ECTA.
12. Limitation of Liability
- Promora Digital is not liable for:
- Indirect or consequential damages
- Loss of profits or business interruption
Liability is limited to the value of the order.
Legal Compliance:
Permitted under CPA if terms are fair, reasonable, and disclosed.
13. Dispute Resolution
- Disputes must first be addressed through negotiation.
- If unresolved, matters may be referred to:
- National Consumer Commission
Legal Compliance:
CPA provides consumers with access to formal dispute resolution bodies.
14. Force Majeure
Promora Digital is not liable for failure or delays caused by:
- Natural disasters
- Load shedding or utility failures
- Supplier disruptions
- Government restrictions
15. Agreement & Acceptance
By placing an order, the client confirms:
- Acceptance of these Terms & Conditions
- Compliance with all approval and payment requirements
- Understanding of product limitations and processes