Terms & Conditions

INTRODUCTION

Welcome to the official website of Sienna Skye Distributors (Pty) Ltd. Throughout this website and in this document, we will refer to ourselves as "the company," "we," "us," and "our."

These Terms and Conditions govern the use of our website, including the process of ordering, sales, and delivery of goods. By accessing or using this website, you agree to be bound by these Terms and Conditions.

Our website provides a convenient platform for online shopping, offering a diverse range of products such as clothing, apparel, gifts, headwear, and display items, etc. Some of these products can also be customized and branded according to your specific requirements.

 

ORDER PLACEMENT

Placing Orders:

Orders can be placed in the following ways:

o   On our online platform

o   Via an email to sales@siennaskye.co.za

 

Order Acceptance:

We reserve the right to accept or reject any order. Our acceptance relies on factors including product availability, accurate information provided (including pricing), and successful payment and authorization.

Limited Stock Availability:

Please be aware that the availability of our products is limited. While we strive to promptly update our website with current stock levels, we cannot always guarantee availability. If any item becomes unavailable after an order is placed, we will notify you and provide a refund.

Price Changes:

Prices shown on our website are subject to change without prior notice. Sienna Skye Distributors (Pty) Ltd retains the right to modify prices for goods or services offered. Any price adjustments will be communicated through written notice.

Estimated Time of Arrival (ETA):

Kindly contact us if an item is not in stock. ETA dates quoted, for our stock is not guaranteed, unforeseen delays in supplier, shipping, or customs processes may occur. Therefore, the accuracy of these dates cannot be guaranteed.
Lead times do not include weekends, South African public holidays, or Sienna Skye Distributors (Pty) Ltd annual shutdown period.

Branding Requests:

In-house branding services are exclusively available for products procured from Sienna Skye Distributors (Pty) Ltd. These services are subject to additional charges over and above the product purchase price. Full payment for both the product purchase price and branding service charges is required before the commencement of the branding process. Third party items can be branded however we cannot take responsibly for any damages, losses or the quality of the print. The quality of the print is determined by the texture, colour, nature of the item, etc. If repackaging is required, an additional cost will be applicable.

 

PAYMENT

Accepted Payment Methods:

Our company accepts payments via our online payment portal or direct EFT payments. Please note that we do not accept American Express, Diners cards, or cash. Orders will only be processed once the payment is confirmed in our account.

International Payments:

Transactions from foreign banks may require a processing period of 4 to 7 business days. Orders linked to these transactions will be dispatched upon validation of payment in our account

DELIVERY AND COURIER SERVICES

Fleet Delivery:

For large orders within the greater Durban area, we provide an in-house delivery service. Please note that this service is available upon request and subject to a minimum order value.

Branch Delivery:

Clients located within our branch jurisdictions have the option to collect their orders conveniently from selected branches. We strive to offer a seamless pickup experience.

Courier Services:

The customer can choose to use their on-service provider or alternatively we can provide a quotation for this cost.

The customer has the option to addon freight insurance at an additional cost. The customer is to request in writing if freight insurance is required. Goods will only be despatched once payment is received in full.

Air freight restrictions:

Kindly be aware that specific products, such as power banks, are not eligible for air freight destinations. Please take note of these restrictions when selecting your delivery method.

Sienna Skye Distributors (Pty) Ltd obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. We are not responsible for any loss or unauthorised use of a product, after it has been delivered.

 

Delivery times quoted are estimated times only. We accept no responsibility whatsoever for any loss or damages caused by late delivery or non-delivery, whether consequential or otherwise, howsoever caused or arising and the Client specifically indemnifies Sienna Skye Distributors (Pty) Ltd  as such. The customer is expected, in all cases, to take such measures as may be reasonable for the purpose of averting or minimising loss or damages and to ensure that all rights against couriers, bailees or other third parties are properly preserved and exercised. The courier shall be deemed to be an agent of the Client, irrespective of which party issued the instructions to or paid the courier.

The Client must report, by recorded delivery, to the courier any reservations the Client may have concerning the state of the Goods or their packaging, within 24 (twenty-four) hours of the delivery time. A copy of these reservations, including a picture, must be sent to Sienna Skye distributors (Pty)  Ltd within the same time frame. In the absence of notice accordingly, the Client shall be deemed to have received and have accepted the Goods in good order and condition as dispatched, delivered and invoiced by us.

CANCELLATIONS AND RETURNS

Order Cancellation and Damages:

Once an order is confirmed, it becomes a binding contract and cannot be cancelled. Any damages or shortages must be reported within twenty-four (24) hours of collection or delivery.

Cancellation Policy:

Failure to make full payment within ten (10) working days may result in order cancellation. For orders valued above five thousand Rand (R5,000 excluding VAT) that are cancelled, a 20% handling and administrative fee will be charged. The company reserves the right to cancel an order and impose a 20% handling fee in case of non-payment. Orders that have already undergone the layout process cannot be cancelled after ten (10) working days, and a layout fee of one hundred Rand (R200 excluding VAT) per layout will be charged. No cancellations will be accepted after final artwork approval and commencement of branding work. No future orders will be processed unless prior cancellation fees have been settled.

Faulty Goods and Returns:

If a product supplied by Sienna Skye Distributors (Pty) Ltd is found to be defective and/or covered under warranty, you must notify us within five (5) days from the date of receipt. It is important to promptly report any defective products or issues covered under warranty to the company within this time frame. Failure to do so may affect your eligibility for return or replacement.

Repair Returns:

Before repair work, a cost estimate will be provided to the customer for approval. Repaired items not collected within thirty to ninety days (30 to 90 days) after completion may be sold by the company to recover costs.

Returns Approval:

Written approval from the company management is mandatory for returning collected stock. Returns will only be accepted with the accompanying invoice/s. A 25% handling and administrative fee applies to approved returns of collected stock. No future orders will be processed unless prior cancellation fees have been settled.

The following products may not be returned:

  1.  
    1. Gift sets (including consolidated items)
    2. Consumables and perishables

WARRANTIES

Guaranteed Goods

Warranty coverage is available for new goods through Sienna Skye-specific warranties or original manufacturer's warranties, however, it is important to note that certain goods exempt from product warranties may have latent defects, for which Sienna Skye Distributors is not responsible.

Fitness for Purpose:

Sienna Skye Distributors Pty Ltd does not warrant that the goods are suitable for any specific purpose.

Liability and Repairs:

Our liability is limited to repairing or replacing faulty goods or issuing a credit of equivalent value. In case of returned goods with no fault found, all associated costs will be passed on to the customer.

INTELLECTUAL PROPERTY

Limited License:

By accessing this website, users are granted a limited, non-exclusive license to access and use the content provided for personal, non-commercial purposes. Users must not use, reproduce, modify, or distribute the content, including text, graphics, images, videos, and audio, without obtaining prior written consent from Sienna Skye Distributors (Pty) Ltd, except as expressly permitted.

Third-Party Content Disclaimer:

Some content on this website may be sourced from third parties. Sienna Skye Distributors (Pty) Ltd does not claim ownership over such content and acknowledges that it is subject to the intellectual property rights of their respective owners.

Trademarks and Logos:

The trademarks, logos, and service marks displayed on this website are the property of Sienna Skye Distributors (Pty) Ltd or their respective owners. Users are strictly prohibited from using any trademarks or logos from this website without obtaining prior written consent from Sienna Skye Distributors (Pty) Ltd or the respective trademark owner.

User Submissions:

By submitting any content, including but not limited to text, images, videos, or other materials, users grant Sienna Skye Distributors (Pty) Ltd the right to use, reproduce, modify, and adapt the submissions for fulfilling order requests. Sienna Skye Distributors (Pty) Ltd will not claim ownership of users' intellectual property and will not use it for any other purpose without obtaining explicit consent. Users are personally responsible for ensuring that their submissions do not infringe upon any third-party intellectual property rights. Sienna Skye Distributors (Pty) Ltd shall not be held liable for any copyright or trademark infringement arising from user submissions.

DISCLAIMER

Your utilisation of the Website is undertaken entirely at your own risk, and you shall bear sole responsibility for any loss or risk arising from such utilisation or reliance on the information provided on the Website.

Whilst we endeavour to ensure the accuracy and completeness of the content on the Website, we provide no guarantee as to its quality, timeliness, operation, integrity, availability, or functionality.

We hereby disclaim any liability for any direct, indirect, or consequential damage, loss, or liability arising from your access or use of the Website and its content, unless otherwise mandated by applicable law.

The Website and all information provided therein are provided "as is" without any warranty, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as permissible under law.

Any views or statements presented on the Website shall not necessarily reflect our views or statements.

We make no warranty or representation, whether express or implied, that the information or files available on the Website are free from viruses or any other harmful data or code that may disrupt, disable, or compromise the operation, stability, security, functionality, or content of your computer system or network unless arising from our gross negligence or wilful misconduct.

LIMITATION OF LIABILITY

Sienna Skye Distributors (Pty) Ltd shall not assume any liability for any direct, indirect, incidental, special, or consequential damages resulting from your use of the Website, inability to use the Website, or any unlawful activity on the Website or linked third-party websites.

By using the Website, you agree to indemnify and hold Sienna Skye Distributors (Pty) Ltd harmless against any loss, claim, or damage arising from your use of the Website or any linked third-party websites.

PRIVACY POLICY SUMMARY

Our Privacy Policy outlines how our website safeguards the privacy of its users in compliance with applicable data protection laws.

Collection and Processing of Personal Information:

We will only collect, and process personal information provided by users for specified purposes such as order processing, customer inquiries, enhancing user experience, and legal compliance.

Third-Party Disclosure:

We will not disclose or sell users' personal information to any third parties without explicit consent, except as required by law or to fulfil contractual obligations.

Security Measures:

We implement appropriate security measures to protect users' personal information from unauthorized access, alteration, or disclosure.

User Rights

Users have the right to access, correct, or delete their personal information held by our website. These rights can be exercised by contacting our designated data protection officer via email admin@siennaskye.co.za.

Use of Cookies:

Our website may use cookies or similar technologies to improve user experience. Users can manage or disable cookies through their browser settings.

Consent:

By using our website, users acknowledge and consent to the collection, processing, and storage of their personal information as described in this Privacy Policy. Please contact us for a copy of our privacy policy.

FORCE MAJEURE

If either Party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under this Agreement because of the strike, lock-out, fire, explosion, floods, riot, war, accident, act of God, embargo, legislation, shortage of or a breakdown in transportation facilities, civil commotion, unrest or disturbances, cessation of labour, government interference or control, or any other cause or contingency beyond the control of that Party, the Party so affected shall be relieved of its obligations hereunder during the period that such event and its consequences continue but only to the extent so prevented and shall not be liable for any delay or failure in the performance of any obligations hereunder or loss or damages either general, special or consequential which the other Party may suffer due to or resulting from such delay or failure, provided always that written notice shall forthwith be given of any such inability to perform by the affected Party.

Any Party invoking force majeure shall, upon the termination of such event giving rise thereto, forthwith give written notice thereof to the other Party. Should such force majeure continue for more than 90 days then the Party who shall not have invoked the force majeure shall be entitled forthwith to cancel this Agreement in respect of any obligations still to be performed hereunder.

GOVERNING LAW

These terms and conditions shall be governed and interpreted by the laws of the Republic of South Africa including but not limited to:
Electronic Communications and Transactions Act (ECTA) 2002
Consumer Protection Act (CPA) 2008
Companies Act 2008
National Credit Act 2005
Consumer Protection Regulations (CPRs)
Protection of Personal Information Act (POPIA) 2013

ARBITRATION

Any disputes arising from or related to this agreement shall be resolved through arbitration. The Rules of the Arbitration Foundation of Southern Africa will govern the arbitration process, with the arbitrator(s) appointed by the Foundation.

SEVERABILITY

If any clause or term of this Agreement is deemed invalid, unenforceable, or illegal by a court of competent jurisdiction, the remaining terms and provisions of this Agreement shall remain in full force and effect, unless the invalidity, unenforceability, or illegality fundamentally affects the essence of this Agreement.

DOMICILIUM AND NOTICES

Correspondence between the parties shall be sent to the following addresses:
Sienna Skye Distributors (Pty) Ltd
48 Wavecrest Road, Athlone Park,4126

Notices shall be considered received under the following conditions:
If delivered in person during the recipient's regular business hours at their address, the notice is presumed received at the time of delivery, unless evidence to the contrary is provided.
If sent via email to the recipient's provided email address, the notice is presumed received on the same day as sending, unless evidence to the contrary is provided.
Regardless of any clauses stated, a written notice or communication received by a party shall be considered sufficient even if it was not sent or delivered to their chosen address.

GENERAL

This Agreement represents the entire understanding between the parties, superseding any prior agreements or representations, whether written, oral, or implied.
Neither party is bound by any terms, representations, or promises that are not explicitly recorded in this Agreement. Written documentation excludes data messages as defined in the ECTA, and "signed" refers to a handwritten signature without electronic intervention.
No changes or cancellations of this Agreement (including this clause) shall be valid unless in writing and signed by or on behalf of both parties. "In writing" excludes data messages as defined in the ECTA, and "signed" refers to a handwritten signature without electronic intervention.
No leniency or tolerance granted by either party shall be considered a waiver of any rights, and the granting party retains the right to enforce any rights against the other party, past or future.
This Agreement does not create a partnership, joint venture, agency, or employment relationship between the parties. Neither party has the authority to bind the other or create liabilities on their behalf.

Annexure

SAMPLE POLICY

We understand that clients require samples to close a deal.

Our sample policy is as follows:

1.        Samples are available for purchase on our online platform or via email and collection from our branches.

2.        All sample orders need to be paid for and collected within 5 working days from invoice date and if not paid and collected within this time they will be cancelled, and a handling fee is applicable.

 

RETURNS AND REFUNDS OF SAMPLES

  1. The following samples may not be returned:
    1. Those with an individual product price of less than fifty Rand (R50.00 excluding VAT);
    2. Any branded items; and
    3. Consumables and perishables.
    4. No returns accepted for any white and drinkware samples, due to discolouration and safety reasons.
    5. No returns are accepted for USB and Powerbank samples
    6. No returns on workwear with reflective tape(personalised)
    7. Giftsets
  2. Samples with an individual product price of fifty Rand (R50.00 excluding VAT) or more may be returned for a refund or credit if:
    1. The sample items have not been used, worn and are not damaged.
    2. The items are in their original condition and packaging, damage to any part of the packaging will result in the samples not being accepted for return.
    3. The returned items should be accompanied by the relevant original invoice.
    4. The items should be returned within 5 days of collection.
  3. If the samples returned are deemed acceptable by Sienna Skye Distributors (Pty) Ltd, in its sole discretion, it will process a refund or credit note.
    1. It may take up to 7 (seven) days to inspect samples;
    2. Refunds are only processed on Fridays;
  4. Sample orders that need to be returned for credit will only be returned at your expense. Bulk order returns are subject to prior Management approval and are to be returned to our Johannesburg office (these will attract a handling fee).

BRANDING

ARTWORK POLICY

  1. ARTWORK GUIDELINES

PROCESS

    1. All artwork should be emailed for processing.
    2. All final layouts should be approved/signed and returned for production to proceed.
    3. COD clients are expected to make full payment and credit term clients should ensure that they have sufficient credit available.
    4. Branding will only commence once the layout is approved and full payment is received.
    5. Branding lead times are quoted from the day after artwork approval and proof of payment is received, whichever is later.
    6. For expedited clearing of orders you are encouraged to pay for orders into one of our bank account, please use the order number as reference and e-mail your proof of payment to shanitha@siennaskye.co.za.
  1. ARTWORK SUBMISSION
    1. Only PC format artwork will be accepted, vector artwork is preferred but artwork in the following file formats will be acceptable:
      1. .CDR;
      2. .EPS;
      3. .AI;
      4. .PDF;
      5. .FH.
    2. The following formats are not accepted:
      1. Word or PowerPoint files
      2. Gif and jpeg (under 600dpi)
    3. Artwork for multicoloured imprints must be sent as a colour separated file, save for in the instance of digital printing.
    4. If typesetting is required, clients must include font and size. To avoid font substitutions, all fonts submitted must be converted to “curves”.
  2. ARTWORK APPROVAL AND APPLICABLE FEES
    1. All artwork needs to be approved, branding will only commence once artwork has been approved and full payment for the order has been received.
    2. By approving the artwork;
      1. You accept the layout as depicted in the artwork, you have ensured that the item being branded, colour and size of the item are correct.
      2. Sienna Skye Distributors (Pty) Ltd will not be held accountable for any spelling or artwork errors on items branded in accordance to the approved artwork.
    3. Once artwork has been approved, no changes will be accepted.
    4. Printing colours will be matched as close as possible to pantone colours or swatches supplied, we do not guarantee a 100% colour match.
    5. We do not guarantee any print onto metal or ceramics.
    6. Additional fees do not apply to artwork received in the correct format however artwork received in the incorrect format will attract a redrawing fee of two hundred Rand (R200 excluding VAT). This fee will accommodate two further changes to the layouts, where after any additional changes will be charged for at one hundred Rand (R100 excluding VAT) per change.
    7. Branding cancelled after layouts have been generated will be charged for at two hundred Rand (R200 excluding) VAT per layout completed.
  3. UNBRANDED BULK ORDERS
    1. Unbranded bulk orders will be dispatched once payment receipted.

 

DISPLAY

  1. Where skins are available for sale as stand-alone items, Sienna Skye Distributors (Pty) Ltd is able to refit skins onto Sienna Skye Distributors (Pty) Ltd -purchased hardware from our Johannesburg Head Office. Should a client request that Sienna Skye Distributors (Pty) Ltd refit skins, the return of hardware to Johannesburg Head Office will be for the client’s account. Once complete, we will send the items to a branch, within South Africa, of the client’s choice. Alternatively, the items can remain at our Johannesburg office for client collection.
  2. Refitting of skins is subject to inspection of the relevant hardware. If the existing hardware is faulty or damaged, We will not be able to refit skins.
  3. If the client is re-skinning hardware themselves it is the client’s responsibility to ensure that the hardware is not faulty or damaged. We cannot be held liable for skins purchased that cannot be fitted properly due to faulty or damaged hardware.
  4. It is the client’s responsibility to ensure they order the correct skin for the correct display unit.
  5. Reskinning is specifically tailored to fit to Sienna Skye Distributors (Pty) Ltd display hardware. We cannot be held responsible for any skins purchased to fit third-party hardware.
  6. All artwork must be created in CMYK and all pantone colours must be included as a pantone solid coated spot within the print file supplied. Please note failing this will result in no colour matching taking place. Please also note due to the limited colour range of various digital CMYK Print methods, not all pantone colours can be achieved. We endeavour to match as closely as possible, but, colour variation will take place on different materials like PVC versus Fabric.
  7. Fluorescent and metallic pantones cannot be matched. Only a tonal representation thereof can be achieved.
  8. Overexposure to sunlight will reduce the longevity of the print.
  9. We encourage you to take care of the display fabric and remove it from direct sunlight at all opportunities.
  10. Display fabrics purchased come with a 3-month limited print fade warranty.

DISPLAY REPAIR POLICY

  1. Display hardware purchased from us comes with a 3-year limited mechanical repair warranty.
  2. The warranty excludes display hardware that has been mishandled, abused or not used for its intended purpose.
  3. Display hardware that is under warranty and requires repair must be returned to Johannesburg at the client's own expense. All broken or damaged parts must be included.

WORKWEAR POLICY

    1. Manufacture of workwear products will only commence when the order is received and, for COD clients, full payment is received. Once a sales order is generated your order may not be cancelled or changed.
    2. Conti suit sets are sold according to industry-standard which directs that the pants in the set are 2 sizes smaller than the jacket. Conti suit sets will therefore be sold based on the jacket size, for example, if you place an order for a size 34, the jacket will be a size 34 and the pants size will be a size 30.
    3. Kindly ensure that sizing has been established correctly before placing an order with us as sets will always be sold as per the above.
  • We will not accept any returns on unbranded or branded workwear items that have had tape specially applied as these are not ex-stock items. We will only accept returns on workwear items that are held in stock and readily available.