Wholesale Terms & Conditions
The Cape Art Company and any prospective Wholesaler agree to the following terms & conditions:
- COPYRIGHT: The Company reserves the copyright in terms of the Copyright Act 98 of 1978 to all products and the designs there of created by The Company and supplied to The Wholesaler, including all reproduction rights.
- PRICING: Pricing is at The Wholesaler’s discretion, but in order to keep the pricing fair and market related, The Wholesaler is not allowed to ‘double wholesale’ any of The Company’s catalogue designs.
- SHIPMENT: Shipment is at the expense of The Wholesaler. The Company encourages wholesalers to make use of their own courier services to collect and deliver stock. In the case where this is not a possibility, The Company will ensure safe delivery/shipment of the products with a courier of our choice and insurance of the products during such shipment. The Wholesaler will be invoiced for any courier cost incurred by The Company to deliver their goods. Wholesalers can also collect their stock at The Company’s premises.
- Shipment will be to The Wholesaler at their business address only.
- QA: The Company will adhere to a quality assurance system to guarantee excellent quality home décor products. We manufacture and process each product by hand and due to the nature of the printing business, we do not guarantee that there will not be slight color differences between different print-sets and raw materials. We will, however, do everything in our power to prevent and minimize variations.
- PAYMENT: The Company will work on an ex-works payment system only. This implies the invoiced amount must be settled prior to the completed products being shipped or collected from The Company. Proof of Payment should be e-mailed prior to collecting or shipping of such products. All payments to be done via EFT or our card facilities on the premises.
- Any terms requests can be discussed with The Company’s representative and will at this stage only be considered under certain circumstances.
- LOSS/DAMAGE OF SHIPPED PRODUCTS: The Company is not liable for any loss/damages incurred by the courier companies used. The Wholesaler is responsible for claiming of lost/damaged products from the courier company themselves. Only if The Company use their own courier company will they implement their own claim, and will The Wholesaler receive a credit note or replacement stock for the lost/damaged stock.
- Exclusivity in terms of supply, products or design themes cannot be guaranteed.
- THE CAPE ART COMPANY SHOP: Wholesalers are welcome to shop for stock at The Company’s shop in Parow but are not guaranteed that specific designs will always be available. No marked-down stock can be purchased for wholesale purposes. Orders still needs to be placed according to the minimum orders stated on the price list. Should you not be able to order the minimum orders, you can place smaller orders that will be processed with our own shop order. Timelines cannot be guaranteed, though, since we do not order at regular intervals when the factory is busy.
- RETURN POLICY: The Wholesaler will return defective/unsatisfactory products to The Company within 7 working days from receipt of such products in the exact condition they received it. Any writing, marking or damaging on the products will nullify The Wholesaler’s claim for defect and The Wholesaler will be invoiced for such returned products. The Company will investigate and replace reasonable claims at their cost.
- MARKETS: Due to the nature and exclusivity of our products, they are very popular at the local craft and Christmas markets. The Company does not supply consignment stock for markets. Should you wish to display and sell our products at a market, you need to inform The Company of this before applying for the market, so that we can make sure that another wholesaler is not already at the market. The Company reserves the right to supply customers with stock for markets. Wholesalers must also be willing to stock the whole range of products in order to be representative of The Cape Art Company at markets and order enough stock for the duration of the market.
Market stock can be ordered with a 50% deposit payment, and the order and payment must reach us 8 weeks prior to the relevant market. No orders for market stock will be processed from middle October till middle December, which means The Wholesaler must plan their stock for markets well in advance. The reason for this is that we need to be able to process orders for our shops and artists for December.
The remaining 50% of the invoice for the market stock is payable one week after the market finished, irrespective of when the markets pay The Wholesaler. Stock not sold cannot be returned after the market.
SARCDA: Only designers and artists that have their own designs printed and manufactured at The Company can take their products to this exhibition.
BUSINESS AND DELIVERY ADDRESS: The address stated in your application will serve as the delivery address and address of trade. The Wholesaler agrees to only sell these products from this premises and will inform The Company of any alternative premises they own and wish to sell from.