Terms of service
TERMS AND CONDITIONS OF SALE AND WEBSITE USE
1. Introduction
Welcome to Cape Bag Group (“the Company”).
By accessing this website, placing an order, applying for credit, or purchasing goods from Cape Bag (Pty) Ltd and its divisions including Cape Twines & Packaging and Cape Bulk Bags, you agree to be bound by these Terms and Conditions.
These Terms govern all transactions between the Company and the Customer and incorporate our Refund Policy, Privacy Policy, and Shipping Policy.
2. Definitions
2.1 “The Company” means Cape Bag (Pty) Ltd (Reg 1961/001447/07, VAT 4220109229) and its divisions.
2.2 “The Customer” means the person, company or association purchasing goods from the Company.
2.3 Any written notice to or by the Company shall be addressed to or addressed from the Company’s head office at 177 Albert Road, Woodstock, Cape Town.
3. Orders
3.1 All orders are firm and subject to acceptance in writing or electronic confirmation by the Company.
3.2 No variation or cancellation shall be binding unless agreed to in writing by the Company.
3.3 Each delivery shall be deemed to be a separate contract in respect of the goods forming the subject matter of such delivery.
4. Pricing
4.1 Prices shall be as stated on order forms or quotations but are subject to confirmation by the Company prior to delivery.
4.2 Specials and off-sizes are subject to surcharge at ruling rates.
4.3 Prices quoted are exclusive of VAT unless otherwise stated.
4.4 If prior to delivery there is any increase in the Company’s cost of materials, components, statutory labour charges, transport costs, import costs or currency fluctuations, the price of the goods may be increased proportionally.
4.5 There may be a production variance of ±5% on quantity of all specially manufactured packaging.
4.6 All website prices, products and availability are subject to change without notice. The Company reserves the right to limit quantities or refuse orders.
5. Delivery
5.1 Whilst every effort will be made to deliver or dispatch goods as advised, the Company does not guarantee delivery on any specific date.
5.2 The Customer shall not be entitled to cancel an order due to delivery delays.
5.3 Unless otherwise agreed in writing:
5.3.1 Delivery shall be free on rail at the Company’s factory or depots;
5.3.2 Any carrier shall be deemed to be the agent of the Customer and risk shall pass upon delivery to such carrier;
5.3.3 The Company may recover delivery costs from the Customer;
5.3.4 The Company may insure goods in transit and recover the insurance cost from the Customer.
5.4 The Company shall not be liable for indirect or consequential damages arising from delays.
5.5 Complaints must be notified in writing within 7 days of receipt of goods.
5.6 Goods manufactured in accordance with Customer specifications are produced strictly according to those instructions. The Company shall not be liable if such goods are unsuitable for their intended purpose.
5.7 The Company shall not be liable for damages arising from force majeure events including but not limited to natural disasters, strikes, load shedding, transport disruptions, war, pandemics or government restrictions.
6. Ownership and Risk
6.1 Ownership of goods shall not pass to the Customer until full payment has been received.
6.2 Risk in the goods shall pass to the Customer upon delivery.
6.3 Ownership of moulds, tools and production equipment remains vested in the Company unless agreed otherwise in writing.
7. Payment
7.1 Standard credit terms are 30 days from date of statement as stipulated in the credit application.
7.2 No settlement or trade discounts apply unless agreed in writing.
7.3 Interest on overdue amounts shall be charged at the ruling overdraft interest rate.
7.4 The Company may suspend deliveries if any amount is unpaid.
7.5 The Company may terminate contracts, repossess goods or claim immediate payment if the Customer:
• Fails to pay
• Is liquidated or sequestrated
• Commits an act of insolvency
• Enters business rescue
• Changes ownership structure without written consent
• Deviates materially from prior trading conduct
8. Returns, Refunds and Exchanges
8.1 Requests must be made within 30 days of delivery.
8.2 Items must be unused, undamaged and in original packaging with all accessories.
8.3 Custom or specially printed goods are not eligible for change-of-mind returns unless defective.
8.4 To log a return, email hello@capebag.co.za. A Return Authorisation Number (RAN) will be issued.
8.5 The Company may arrange collection via The Courier Guy for approved returns.
8.6 Returns are inspected at 177 Albert Road, Woodstock, Cape Town.
8.7 Items failing inspection may be rejected or incur a handling fee up to 10%.
8.8 Refunds are processed within 7–10 working days after inspection and approval.
8.9 Replacement items ship within 3–5 working days after inspection approval.
8.10 Nothing in this clause limits rights afforded under the Consumer Protection Act 68 of 2008, including the 6-month implied warranty on defective goods.
9. Legal Charges
9.1 Should the Company instruct attorneys to recover monies or goods, the Customer shall be liable for attorney-and-client legal costs including collection commission.
9.2 At the option of the Company, any claim may be brought in a Magistrate’s Court having jurisdiction notwithstanding the amount.
9.3 The Customer consents to the jurisdiction of the High Court of South Africa, Western Cape Division.
10. Website Use
10.1 You agree not to misuse the website, attempt unauthorised access or interfere with its operation.
10.2 The Company may suspend or terminate access for violations.
10.3 All content, trademarks and materials on this website remain the property of Cape Bag Group and may not be reproduced without written consent.
11. Limitation of Liability
11.1 To the maximum extent permitted by law, the Company shall not be liable for indirect, incidental or consequential damages.
11.2 Liability shall in all circumstances be limited to the purchase price of the goods in question.
11.3 Nothing excludes liability which cannot lawfully be excluded under South African law.
12. General
12.1 No relaxation by the Company shall constitute waiver of rights.
12.2 Unless notified in writing within fourteen (14) days of the date of order, the Customer shall be deemed to have accepted these Terms and Conditions.
12.3 The contract may not be assigned or ceded without written consent of the Company.
12.4 These Terms are governed by the laws of South Africa.
13. Deed of Suretyship (Credit Accounts)
Where a Deed of Suretyship is signed:
• The surety binds themselves as co-principal debtor
• Liability is continuing security
• The Company may proceed against the surety without first proceeding against the principal debtor
• The surety renounces the benefits of excussion and division
• Domicilium addresses and jurisdiction provisions apply as per signed agreement
14. Company Contact Details
Cape Bag (Pty) Ltd
177 Albert Rd
Woodstock
Cape Town
7925
South Africa
Tel: +27 (0)21 447 4352
Email: hello@capebag.co.za
Website: www.capebaggroup.com