CAPE BAG GROUP

1.1 Welcome to Cape Bag Group ("the Company", "we", "us"). These Terms and Conditions govern your use of this website and all sales of goods by Cape Bag (Pty) Ltd (Registration No. 1961/001447/07, VAT No. 4220109229) and its divisions, including Cape Twines & Packaging and Cape Bulk Bags.
1.2 By accessing this website, placing an order, applying for credit, or purchasing goods from the Company, you agree to be bound by these Terms and Conditions, which incorporate our Refund Policy, Privacy Policy and Shipping Policy.
1.3 These Terms are drafted to comply with, and must be read subject to, the Consumer Protection Act 68 of 2008 ("CPA"), the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") and the Protection of Personal Information Act 4 of 2013 ("POPIA"). Nothing in these Terms limits or excludes any right you have under the CPA or any other law that cannot lawfully be limited or excluded. If any provision conflicts with a mandatory provision of the CPA or ECTA, that mandatory provision prevails.1.4 A contract concluded electronically through this website is valid and binding in terms of section 22 of ECTA.

2.1 "The Company" means Cape Bag (Pty) Ltd and its divisions.

2.2 "The Customer" means any person, company or other entity purchasing goods from the Company.

2.3 "Consumer" means a Customer who qualifies as a consumer under the CPA, including natural persons and juristic persons whose asset value or annual turnover is below the threshold determined by the Minister under section 6 of the CPA (currently R2 million).

2.4 "Business Customer" means a Customer who is not a Consumer.

2.5 "Custom Goods" means goods specially manufactured, printed or altered to the Customer’s specifications or personalised for the Customer.

2.6 Any written notice to the Company must be addressed to its head office at 177 Albert Road, Woodstock, Cape Town, 7925, which the Company chooses as its domicilium citandi et executandi.

3.1 Full name and legal status: Cape Bag (Pty) Ltd, a private company incorporated in South Africa, Registration No. 1961/001447/07; VAT No. 4220109229.

3.2 Physical address and place of business: 177 Albert Road, Woodstock, Cape Town, 7925, South Africa.3.3 Contact details: Tel +27 (0)21 447 4352; Email hello@capebag.co.za; Website www.capebaggroup.com.

3.4 Website prices displayed to Consumers include VAT. Delivery charges, where applicable, are shown before you confirm your order.

3.5 Payment: payments on this website are processed through secure, encrypted third-party payment providers. The Company does not store your full card details.

3.6 The Company’s complaints procedure, cooling-off rights and return process are set out in clauses 10, 11 and 15 below. You will be given the opportunity to review and correct your order before it is finally placed.

4.1 You agree not to misuse the website, attempt unauthorised access, introduce malicious code or interfere with its operation. The Company may suspend or terminate access for violations.

4.2 All content, trademarks, logos and materials on this website are the property of Cape Bag Group or its licensors and may not be reproduced without prior written consent.

4.3 The website and its content are provided in good faith. Product images are illustrative and minor variations may occur. Products, prices and availability are subject to change before an order is accepted, and the Company may limit quantities or decline orders on reasonable grounds; this does not affect orders already accepted.

5.1 An order placed by the Customer is an offer to purchase. A binding contract comes into existence only when the Company accepts the order in writing or by electronic confirmation.

5.2 Once accepted, no variation or cancellation of an order is binding unless agreed in writing by the Company, save for the cancellation and cooling-off rights of Consumers set out in clauses 8 and 10.

5.3 Each delivery is deemed to be a separate contract in respect of the goods forming the subject matter of that delivery.

5.4 Obvious pricing or description errors on the website do not bind the Company; if an order is affected, the Customer will be notified and refunded in full if payment has been made.

6.1 Prices displayed on the website to Consumers include VAT, as required by section 23 of the CPA. Prices on trade quotations and order forms to Business Customers are exclusive of VAT unless otherwise stated.

6.2 The price payable by a Consumer is the price displayed or quoted at the time the Company accepts the order. Where more than one price is displayed for the same goods, the lower price applies as required by the CPA.

6.3 For Business Customers, quoted prices are subject to confirmation by the Company prior to delivery, and may be increased proportionally if, before delivery, there is an increase in the Company’s cost of materials, components, statutory labour charges, transport, import costs or adverse currency fluctuations. The Business Customer may cancel the affected order in writing within 5 business days of being notified of such an increase.

6.4 Specials and off-sizes are subject to a surcharge at ruling rates, quoted in advance.6.5 A production variance of up to ±5% on quantity applies to all specially manufactured packaging, and the price will be adjusted pro rata to the quantity actually delivered. This variance will be disclosed on the relevant quotation or order confirmation.

7.1 Unless a credit account has been approved, payment is due before dispatch of the goods.

7.2 Approved credit account terms are 30 days from date of statement, as stipulated in the signed credit application. A credit account under which interest is charged on overdue amounts may constitute an incidental credit agreement under the National Credit Act 34 of 2005, in which case the applicable provisions of that Act apply.

7.3 No settlement or trade discounts apply unless agreed in writing.

7.4 Interest on overdue amounts accrues at the rate agreed in the credit application or, failing agreement, at the prescribed rate of interest under the Prescribed Rate of Interest Act 55 of 1975, subject to any maximum permitted by law.

7.5 The Company may suspend further deliveries while any undisputed amount is overdue and unpaid, on reasonable written notice to the Customer.

7.6 Subject to applicable law, the Company may terminate the contract, claim immediate payment of all outstanding amounts, and/or repossess goods in which ownership has not passed, if the Customer fails to pay any undisputed amount on due date; is liquidated, sequestrated or placed under business rescue; commits an act of insolvency; changes its ownership or control without the Company’s written consent (credit accounts only); or materially deviates from its prior trading conduct in a manner that reasonably indicates an inability to pay.

8.1 Delivery and dispatch dates are estimates given in good faith. The Company will take reasonable steps to deliver on time and will keep the Customer informed of any material delay.

8.2 If the Company fails to deliver to a Consumer on the agreed date or within a reasonable time, the Consumer may, in accordance with section 19 of the CPA, either agree to a new delivery date or cancel the order and receive a full refund of amounts paid for the undelivered goods.

8.3 A Business Customer is not entitled to cancel an order or claim damages solely on account of a delivery delay, unless the delay is unreasonable and persists for more than 30 days after written demand.

8.4 Unless otherwise agreed in writing with a Business Customer: delivery is ex the Company’s factory or depots; any carrier is deemed the agent of the Business Customer and risk passes on delivery to the carrier; and the Company may recover delivery and transit-insurance costs from the Business Customer where quoted.

8.5 For Consumers, the goods remain at the Company’s risk until delivered to the Consumer at the agreed address, in accordance with section 19 of the CPA.

8.6 Any shortages, incorrect items or transit damage must be reported in writing within 7 days of receipt to allow prompt investigation. This time limit does not apply to, and does not limit, a Consumer’s statutory rights in respect of defective goods under clause 11.

9.1 Ownership of goods does not pass to the Customer until the Company has received payment in full.

9.2 Subject to clauses 8.4 and 8.5, risk in the goods passes to the Customer on delivery.

9.3 Ownership of moulds, tools, dies, artwork and production equipment remains vested in the Company unless otherwise agreed in writing.

10.1 Where a Consumer purchases goods through this website or otherwise by way of an electronic transaction, the Consumer may, under section 44 of ECTA, cancel the transaction without reason and without penalty within 7 days after receipt of the goods. The Consumer is responsible only for the direct cost of returning the goods. The Company will refund all payments within 30 days of the date of cancellation.

10.2 Where goods are purchased as a result of direct marketing, the Consumer may cancel the transaction within 5 business days after the later of the date the transaction was concluded or the goods were delivered, in terms of section 16 of the CPA.

10.3 The cooling-off right in clause 10.1 does not apply to Custom Goods (goods made to the Consumer’s specifications or personalised for the Consumer) or to the other categories excluded by section 42(2) of ECTA.

11.1 Statutory warranty (defective goods). In terms of sections 55 and 56 of the CPA, all goods sold to Consumers carry an implied warranty of quality for 6 months from delivery. If goods are defective, unsafe or not fit for their intended purpose, the Consumer may return them within that period and choose a repair, replacement or full refund, at no charge. The conditions in clause 11.3 (unused, original packaging) do not apply to returns of defective goods, and no handling fee is charged on such returns.

11.2 Custom Goods are manufactured strictly in accordance with the Customer’s specifications. Where the Customer has specified the goods and has not relied on the Company’s advice, the Company is not responsible if the goods, although conforming to specification, are unsuitable for the Customer’s intended purpose. This does not affect the Consumer’s rights in respect of goods that are defective or fail to conform to the agreed specification.

11.3 Change-of-mind returns (goodwill policy). In addition to the statutory rights above, the Company will accept change-of-mind returns of standard (non-custom) goods requested within 30 days of delivery, provided the items are unused, undamaged and in their original packaging with all accessories. Custom Goods are not eligible for change-of-mind returns.

11.4 To log a return, email hello@capebag.co.za. A Return Authorisation Number (RAN) will be issued and the Company may arrange collection via The Courier Guy for approved returns. Returns are inspected at 177 Albert Road, Woodstock, Cape Town.

11.5 Change-of-mind returns that fail inspection may be declined, or accepted subject to a reasonable handling/restocking fee of up to 10% of the price, as permitted by law.

11.6 Approved refunds are processed within 7–10 working days after inspection; replacement items are dispatched within 3–5 working days after inspection approval.11.7 Nothing in this clause limits any right of the Consumer under the CPA.

PLEASE READ
THIS CLAUSE CAREFULLY. IT LIMITS THE COMPANY’S LIABILITY AND IS DRAWN TO YOUR
ATTENTION AS REQUIRED BY SECTION 49 OF THE CPA.

12.1 To the maximum extent permitted by law, the Company is not liable for indirect, incidental, special or consequential loss or damage (including loss of profit or business) arising from the sale of goods or the use of this website.

12.2 To the maximum extent permitted by law, the Company’s total liability in respect of any claim is limited to the purchase price of the goods concerned.

12.3 Nothing in these Terms excludes or limits liability for the Company’s gross negligence or wilful misconduct; liability under section 61 of the CPA (product liability) for harm caused by unsafe or defective goods; or any other liability that cannot lawfully be excluded or limited under South African law.

13.1 The Company is not liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, fire, flood, strikes, load shedding or other electricity supply interruptions, transport disruptions, port congestion, war, riot, pandemics, epidemics, and acts or restrictions of government.

13.2 If a force majeure event persists for more than 30 days, either party may cancel the affected order on written notice, and the Company will refund any amounts paid for goods not delivered.

14.1 If the Company instructs attorneys to recover monies or goods following the Customer’s breach, the Customer is liable for legal costs on the attorney-and-client scale, together with collection commission and tracing fees, to the extent permitted by law and, in the case of Consumers, subject to the CPA and any applicable court tariff.

14.2 At the Company’s option, any claim may be instituted in a Magistrates’ Court having jurisdiction, notwithstanding that the amount of the claim exceeds that court’s ordinary monetary jurisdiction, and the Customer consents to such jurisdiction in terms of section 45 of the Magistrates’ Courts Act 32 of 1944. Alternatively, the parties consent to the jurisdiction of the High Court of South Africa, Western Cape Division, Cape Town.

14.3 This clause does not prevent a Consumer from referring a dispute to the Consumer Goods and Services Ombud, the National Consumer Commission or any other forum available under the CPA.

15.1 Complaints may be submitted to hello@capebag.co.za or +27 (0)21 447 4352. The Company will acknowledge complaints promptly and endeavour to resolve them within 15 business days.

15.2 If a Consumer is not satisfied with the outcome, the complaint may be escalated to the Consumer Goods and Services Ombud (www.cgso.org.za) or the National Consumer Commission.

16.1 The Company processes personal information in accordance with POPIA and its Privacy Policy, available on this website. Personal information is collected and used to process orders, manage accounts, arrange delivery and comply with legal obligations, and is not sold to third parties.

16.2 Customers may request access to, correction of, or deletion of their personal information by contacting hello@capebag.co.za.

17.1 Where a Deed of Suretyship is signed in support of a credit account, the surety binds himself/herself as surety and co-principal debtor; the suretyship operates as a continuing covering security; the Company may proceed against the surety without first excussing the principal debtor; the surety renounces the benefits of excussion and division (the effect of which the surety confirms he/she understands); and the domicilium and jurisdiction provisions of the signed Deed apply.

18.1 No indulgence or relaxation by the Company constitutes a waiver of its rights.

18.2 The Customer may not cede, assign or delegate any rights or obligations under the contract without the Company’s prior written consent, which will not be unreasonably withheld.

18.3 If any provision of these Terms is found to be unlawful or unenforceable, it will be severed and the remaining provisions will continue in force.

18.4 These Terms, together with the order confirmation, credit application (where applicable) and the policies referred to in clause 1.2, constitute the whole agreement between the parties in respect of their subject matter.18.5 These Terms are governed by the laws of the Republic of South Africa.

18.6 The Company may amend these Terms from time to time. The version published on the website at the time an order is placed applies to that order.

Cape Bag (Pty) Ltd
177 Albert Road, Woodstock, Cape Town, 7925, South Africa
Tel: +27 (0)21 447 4352
Email: hello@capebag.co.za
Website: www.capebaggroup.com