TERMS AND CONDITIONS – WHOLESALE

Wholesale Terms and Conditions:

AFRICAN CREATIVE WHOLESALE TERMS & CONDITIONS

All prices are quoted exclusive of 15% VAT and Ex Works Cape Town unless otherwise stated. Prices are subject to change without notice.

Qualifying export orders may be zero-rated for VAT where the requirements of the South African VAT Act and applicable SARS export regulations are met. Where the requirements for zero-rating are not met, VAT will be charged.

African Creative can also quote FOB, CFR or other agreed shipping terms from Cape Town on request. Where an Incoterm is stated on a quotation or invoice, the applicable Incoterms 2020 rule will apply.

ORDERS & MINIMUMS

Minimum opening wholesale order: USD 500 for export customers / R3,500 for South African customers.

Certain product ranges may have separate minimum quantities or minimum order values.

Export orders may be quoted in USD, EUR, GBP or AUD. South African orders are quoted in ZAR.

Once an online order or enquiry is received, African Creative will normally issue a Pro-Forma Invoice / quotation within 24–48 hours, subject to stock, supplier and production confirmation.

Unless credit terms have been agreed in writing, full payment is required on acceptance of the Pro-Forma Invoice.

An order is regarded as confirmed once African Creative has received the required payment or deposit and has accepted the order.

Once a custom, made-to-order or production order has been confirmed and production or procurement has commenced, cancellations, reductions or changes may not be possible. Any approved changes may result in additional costs and revised lead times.

Products remain subject to availability until the order has been confirmed.

QUOTATIONS & PRICING

Quotations are valid for the period stated on the quotation, normally 14 days, unless otherwise agreed.

Prices may change where there are material changes in supplier costs, raw materials, exchange rates, freight, duties or other costs before an order has been confirmed.

Errors or omissions in quotations, pricing or product descriptions may be corrected before final acceptance of an order.

Product dimensions and weights are approximate, particularly for handmade and natural-material products.

PAYMENT

We accept EFT, international Wire / SWIFT transfer, Visa / Mastercard and PayPal where available.

All bank charges, intermediary bank charges and foreign-exchange charges are for the customer’s account unless otherwise agreed.

African Creative must receive the full invoiced amount before goods are released unless approved credit terms are in place.

LEAD TIMES

Typical production lead times are approximately 2–6 weeks, depending on the product, order size, season and availability of materials.

Certain furniture, customised products or large production orders may require longer lead times.

In-stock items normally dispatch within approximately 7–10 working days after payment and order confirmation.

Lead times are estimates and not guaranteed delivery dates.

African Creative will make reasonable efforts to advise customers of material delays.

Products that cannot be completed within the expected production period may, by agreement, be placed on back order, substituted, removed from the order or supplied separately.

HANDMADE PRODUCTS & NATURAL VARIATION

All African Creative products are handcrafted and many are made from natural materials.

No two handmade items will be exactly identical.

Reasonable variations may occur in size, dimensions, shape, colour, bead placement, pattern, weave, texture, grain, finish and natural markings.

These variations are considered part of the character and authenticity of handmade products and are not regarded as defects where they do not materially affect the intended use of the product.

Photographs are representative only. Screen settings, lighting and natural material variation may cause colours to appear slightly different from the actual product.

SOLID WOOD PRODUCTS, STOOLS & FURNITURE

Solid timber is a natural material and will respond to changes in temperature, humidity and moisture.

Over time, timber may naturally expand or contract, develop small cracks or surface checking, change colour, develop minor movement or irregularities, and show variations in grain, knots and natural markings.

Minor cracking, checking or movement that does not materially affect the structural integrity or intended use of the product is considered a natural characteristic of solid timber rather than a manufacturing defect.

Customers should avoid exposing natural timber products to prolonged rain, standing water, excessive moisture, extreme heat, excessive direct sunlight or severe fluctuations in humidity unless the product has specifically been sold as suitable for that environment.

SEALED / PROTECTED TIMBER PRODUCTS

Where requested, African Creative can apply an oil, wax, stain, varnish or protective sealer to selected timber products at an additional cost.

The applicable treatment cost will be quoted separately or shown as a separate line item on the quotation or Pro-Forma Invoice.

These treatments provide additional protection only and do not make natural timber permanently waterproof, weatherproof or maintenance-free.

Customers are responsible for ongoing maintenance and should inspect protective finishes periodically and reapply them when required.

Any future maintenance, reapplication or refinishing is for the customer’s account unless otherwise agreed in writing.

As a general guide, external protective finishes may require reapplication approximately every 2–3 years, but more frequent maintenance may be necessary depending on climate, exposure, location and use.

Failure to maintain the protective finish may result in weathering, cracking, staining, fading, moisture-related damage or deterioration of the timber.

MALAWI FURNITURE, CANE, REED & NATURAL FIBRES

Malawi furniture and other products manufactured from cane, reed, grass, raffia, palm and other natural fibres may naturally vary in colour, thickness, texture and shape.

These materials may fade with exposure to sunlight, dry or darken with age, expand or contract with humidity, develop minor surface irregularities or change tone over time.

These characteristics are inherent to natural handcrafted furniture and are not necessarily defects.

Natural-fibre furniture should be kept away from prolonged damp conditions, standing water and extended exposure to severe weather unless specifically treated and sold for that use.

FUMIGATION & INSECT ACTIVITY

Where appropriate, timber and natural-material products may be treated, fumigated or inspected prior to dispatch.

African Creative takes reasonable preventative measures before goods leave our premises.

However, timber, cane and other natural materials are organic products and it is not possible to guarantee that insect activity will never occur after delivery.

Post-delivery insect activity can be influenced by climate, humidity, storage conditions, surrounding furniture or timber, buildings or warehouses, geographical location and exposure after delivery.

Any evidence of insect activity believed to have been present at the time of delivery must be reported to African Creative within 7 days, supported by photographs and relevant details so that the matter can be assessed.

African Creative cannot accept responsibility for infestation arising after delivery where it results from environmental conditions, storage, surrounding materials or other factors outside African Creative’s reasonable control.

BESPOKE & CUSTOM PRODUCTS

For custom, bespoke or private-label products, samples and prototypes may carry a separate development fee.

Minimum production quantities may apply.

Production will be based on the approved sample, drawings, photographs or specifications.

Small handmade variations between the approved sample and production pieces are to be expected.

Changes requested after sample approval may result in additional charges and delays.

Development and sampling charges are non-refundable once development work has commenced unless otherwise agreed.

The customer is responsible for ensuring that any artwork, logos, trademarks or designs supplied to African Creative may legally be reproduced.

LOCAL SOUTH AFRICAN ORDERS

Where a supplier or producer is located outside Cape Town, African Creative may, where practical, arrange for those goods to be dispatched directly from the supplier to the customer.

Where an order must be consolidated in Cape Town, additional local transport or collection charges may apply to move the goods from suppliers to African Creative’s Cape Town warehouse.

PACKAGING

Standard packaging is included unless otherwise stated.

Additional costs may apply for export cartons, timber crates, pallets, specialist packaging, reinforced packaging, fumigation, ISPM-15 compliant timber packaging, special labelling or destination-specific packaging requirements.

These charges are for the customer’s account unless included in the quotation.

SHIPPING

Local deliveries are generally sent using The Courier Guy or another suitable courier.

Normal local delivery is approximately 2–3 working days after collection, depending on destination.

Delivery times are estimates and are subject to the courier’s service conditions.

For smaller international shipments, African Creative may recommend FedEx, DHL, EMS or another courier depending on destination and cost.

Courier transit times are estimates only.

Customs clearance delays are outside African Creative’s control.

For larger orders, African Creative can assist with quotations for air or sea freight.

Where requested, we will endeavour to obtain comparative freight quotations.

Customers are also welcome to appoint their own freight forwarder.

CUSTOMS, DUTIES & IMPORT CHARGES

Unless otherwise stated in writing, import duties, VAT / GST, customs clearance charges, destination handling charges, storage charges, inspections, permits, demurrage, taxes and port charges are for the customer’s account.

African Creative cannot be held responsible for delays caused by customs authorities, ports, freight forwarders, airlines, shipping lines or other third parties.

Additional charges resulting from delays or requirements in the importing country are for the customer’s account unless caused directly by African Creative’s proven error.

SHIPPING RISK & INSURANCE

Customers are strongly advised to insure all international shipments.

Where the customer appoints the freight forwarder or courier, responsibility and risk pass in accordance with the agreed shipping terms.

Where African Creative arranges transport on behalf of the customer, the carrier’s terms and applicable Incoterms will apply.

African Creative will assist with reasonable documentation required for legitimate transport insurance claims.

Damage arising solely during transport should normally be claimed against the relevant freight carrier or transport insurer.

Nothing in these terms excludes any responsibility that African Creative may not lawfully exclude under applicable legislation.

INSPECTION, RETURNS & DAMAGES

Customers must inspect goods as soon as reasonably possible after receipt.

Any shortage, incorrect item, visible damage or manufacturing defect must be reported within 7 days of delivery.

Claims should include the invoice or order number, product details, photographs of the affected products, photographs of packaging where transport damage is suspected and the quantities affected.

Customers should retain damaged packaging until the matter has been assessed where a courier or insurance claim may be necessary.

DEFECTIVE WORKMANSHIP

Where African Creative determines that a product has a genuine manufacturing or workmanship defect, African Creative may, depending on the circumstances, repair the item, replace the item, issue a credit or refund the value of the affected product.

If African Creative requires the defective product to be returned, reasonable agreed return transport costs will be for African Creative’s account.

Normal handmade variation, natural wood movement, misuse, improper storage, lack of maintenance, accidental damage and ordinary wear and tear are not considered defective workmanship.

STORAGE AFTER COMPLETION

Where a customer delays collection or shipment after being advised that an order is ready, African Creative reserves the right to charge reasonable storage, handling or re-packing costs.

African Creative cannot accept responsibility for deterioration resulting from prolonged storage requested by the customer.

FORCE MAJEURE & EVENTS OUTSIDE OUR CONTROL

African Creative will not be liable for delays caused by circumstances beyond its reasonable control, including extreme weather, floods, drought, fire, civil unrest, strikes, supplier disruption, power outages, transport disruption, shipping delays, port congestion, customs delays, natural disasters, epidemics or pandemics, government restrictions or shortages of raw materials.

Where such an event occurs, African Creative will endeavour to keep the customer informed and complete the order as soon as reasonably possible.

APPROVED CREDIT ACCOUNTS & LATE PAYMENT

These provisions apply only where African Creative has specifically approved credit terms in writing.

Amounts not paid by the agreed due date may bear interest at 10% per annum, compounded monthly in arrears, from the due date until final payment, subject to applicable law.

Ownership of goods supplied on credit will remain with African Creative until all amounts owing in respect of those goods have been paid in full.

Risk in the goods may pass earlier in accordance with the applicable delivery or shipping terms.

PRODUCT CARE

Customers are responsible for following reasonable care and maintenance requirements appropriate to the product and material.

African Creative will not be responsible for damage resulting from incorrect use, neglect, lack of maintenance, unsuitable cleaning products, excessive water exposure, prolonged outdoor exposure, inappropriate storage or unauthorised repairs or modifications.

ACCEPTANCE OF TERMS

Placing an order, accepting a quotation, paying a deposit or making payment to African Creative constitutes acceptance of these Terms & Conditions.

These terms apply together with any specific conditions stated on the relevant quotation, Pro-Forma Invoice, invoice or order confirmation.

If specific written terms on a quotation conflict with these general terms, the specific terms stated on that quotation will apply to that order.

Nothing contained in these Terms & Conditions is intended to exclude or restrict any right or remedy which cannot lawfully be excluded under applicable South African law.