TERMS AND CONDITIONS

Unless otherwise agreed to in writing by Indigo Brands (Pty) Ltd ("Indigo Brands"), the following terms and conditions will apply to the placing of orders with Indigo Brands and the supply of goods by Indigo Brands to the Customer.

  1. ACCEPTANCE OF ORDERS:

    1. Indigo Brands will accept orders for standard packs. Goods are not supplied on a sale or return, or sale or exchange basis. Orders will not be accepted without the Customer's valid order number.
    2. Subject to the terms hereof the Customer shall be deemed to be satisfied as to and has accepted all the conditions, representations, warranties and circumstances affecting each order.

  2. MINIMUM ORDER VALUE


    A minimum order value of R350 per invoice, excluding vat, will be applicable. Orders received below this value will not be processed.

  3. OWNERSHIP OF GOODS:

    1. Ownership of all goods sold by Indigo Brands to the Customer shall remain vested in Indigo Brands notwithstanding delivery thereof to the Customer until payment is received in full for such goods.
    2. Until the Customer has effected full payment for the goods, the Customer shall store the goods in a manner which makes them readily identifiable as the property of Indigo Brands.
    3. Without prejudice to any of its rights in terms of law, Indigo Brands reserves the right to enter the Customer's premises and to repossess the goods in the event of the Customer failing to make any payments on due date or at all.

  4. DELIVERY:

    1. Delivery is deemed to have been effected on receipt of goods at the address stipulated by the Customer on their application form or any other delivery point specified by the Customer in its order and when signed for by any employee of the Customer on the carrier delivery note. This will constitute sufficient proof of delivery of goods.
    2. Indigo Brands may in its absolute discretion withhold delivery of any goods pending payment of any sum due from the Customer to Indigo Brands.
    3. If a Customer does not accept delivery of a consignment of goods in accordance with a valid order then Indigo Brands will be entitled to claim payment of the shipping and delivery charges in respect of that order, and any other costs or damages that Indigo Brands may have incurred or sustained as a result of the Customer's refusal and/or failure to accept delivery of the goods.

  5. SHORTAGES AND DAMAGES:

    1. Goods shall be deemed to be received in full, in good order and condition, unless notification in writing is given to and received by Indigo Brands and the carrier within 2 days from the date of delivery.
    2. Any shortage claims must be logged within two work days in order to be considered.

      Phone 0800 Indigo (463446)

      Email: customerclaims@indigobrands.com
    3. Any delivered cartons signed for and not checked in the presence of the carrier, will be deemed to be sealed and wholly intact and no claims will be accepted based on an allegation of tampering in transit.
    4. Indigo Brands will at its discretion either refund the cost or replace free of charge any products proved to Indigo Brands' satisfaction to have been lost or damaged in transit up to the moment of delivery.
    5. Indigo Brands accepts no liability for delays in transit.

  6. RETURNS:


    No goods are returnable to Indigo Brands save and except with its prior express written approval and any authorised return shall be subject to payment of a handling charge, which will be determined in Indigo Brands' sole discretion, depending on the age and condition of the goods returned.

  7. PRICE:

    1. Prices are as per the prevailing official Indigo Brands price list as at the date of invoice.
    2. Indigo Brands listed prices are subject to change at any time without prior notice.
    3. Should overseas suppliers increase their prices; Indigo Brands will be entitled to pass on these increases to the Customer.

  8. DISTRIBUTION


    Goods supplied shall only be sold through formal retail outlets owned by the Customer and authorised by Indigo Brands.

  9. RISK:


    Risk in and to the goods shall pass to the Customer on delivery.

  10. PAYMENT:

    1. Accounts become due for payment thirty (30) days from the date of Indigo Cosmetics' statement of account to the Customer, unless otherwise agreed in writing by Indigo Brands.
    2. No cash discounts are allowed and all terms are strictly net.
    3. Any payment not made on the due date in terms hereof shall bear interest (capitalised monthly on the last day of each and every month) at the prime overdraft rate as determined from time to time by Standard Bank of Southern Africa Ltd, from due date of payment to payment in full.
    4. If payment in full is not received by Indigo Brands for any amounts that are due and payable, then the full amount owing by the Customer to Indigo Brands, regardless of the provisions of this clause and any other agreed payment terms, will immediately become due and payable.
    5. Payment will only be recognised by Indigo Brands once the money has been deposited into Indigo Brands' bank account.
    6. All cheque payments to Indigo Brands are done at the Customer's sole risk.
    7. If delivery of the goods is to be made in instalments, the Indigo Brands will be entitled to withhold delivery of any undelivered instalments until all money due in respect of any delivered instalments, has been paid in full.

  11. TERMINATION:

    1. Indigo Brands shall be entitled to cancel any order without prejudice to its rights to claim damages for any loss or expense suffered by it whether caused directly or indirectly if the Customer, after having been given 10 days written notice to make good any default:
      1. fails to adhere to any of these conditions; or
      2. fails to make payment on due date of any money due by it.

  12. FORCE MAJEURE:


    Delays in or failure in performance by Indigo Brands shall not constitute default herein or give rise to claims for damages if and to the extent that such delay or failure is caused by force majeure, which is defined herein as occurrences beyond the reasonable, practical, economic or business control of Indigo Brands , and which, by the exercise of reasonable diligence Indigo Brands would not normally have been able to prevent, including therein, but not limited thereto, decrees of government, Act of God, strikes or other concerted act of workmen, floods, explosions, riots, civil commotions, war, rebellion, sabotage, disruption of manufacture or commerce for political or other reasons.

  13. JURISDICTION:


    The Customer hereby consents, in terms of Section 45 of the Magistrate's Court Act, 1944 (Act No.32 of 1944), to the jurisdiction of the Magistrate's Court of any district having jurisdiction in terms of Section 28 of the Act in respect of any legal proceedings arising, whether directly or indirectly, here from, provided that Indigo Brands may, in its sole discretion, institute any such proceedings out of any other Court having jurisdiction.

  14. BAR CODES:


    The Customer hereby indemnifies and holds Indigo Brands harmless against any loss or damage of whatsoever nature by whomsoever suffered arising either directly from the printing of bar codes by either Indigo Brands or the Customer.

  15. VARIATION:


    No variation or abandonment or waiver of rights or obligations hereunder shall be binding unless in writing and signed by both Indigo Brands and the Customer.

  16. NOTICES AND DOMICILIUM:

    1. The Customer chooses domicilium citandi et executandi for all purposes under these terms and conditions its address stated in its credit application form, which for all purposes includes any facsimile number stated in the application form.
    2. Indigo Brands chooses domicilium citandi et executandi for all purposes under these terms and conditions its registered address at Indigo Park, 16 - 20 Evans Avenue, Epping Cape Town 7460, SOUTH AFRICA and facsimile number 021 507 8501
    3. Any notice required to be given hereunder shall be deemed to have been duly given if properly addressed and despatched by pre-paid registered post, sent by telegram, delivered by hand or facsimile transmission to either party at its chosen domicilium citandi et executandi . In the case of registered post, the notice shall be deemed to have been received three (3) days after the despatch thereof.

  17. LEGAL COSTS:


    In the event of Indigo Brands, for whatever reason and in its sole and absolute discretion, instructing an Attorney to act against the Customer, the Customer shall pay all legal costs and collection charges. Such costs to be based on Attorney and client scale so incurred by Indigo Brands including collection commission and tracing charges

  18. SEVERABILITY:


    This agreement shall not be invalid in its entirety due to the invalidity of any particular provision and, in the event of any provision being held to be invalid; it shall be severable from the agreement.

ALL TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
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