Welcome to DivineStudio.co.za . This website is provided by Divine Studio (referred to throughout this Web site as “Divine Studio”) as a service to our customers. Please review the following rules that govern your use of the divinestudio.co.za site. Please note that your use of the devinestudio.co.za site (the “Site”) constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms and Conditions. Divine Studio reserves the right to update or modify these Terms and Conditions at any time without prior notice to you, and we encourage you to review these Terms and Conditions whenever you use this Site.

Section A of these Terms and Conditions applies specifically to orders placed with Divine Studio. Section B of these Terms and Conditions applies to all products and services available through the Site.

Section A

Terms and Conditions of Order

The Divine Studio Satisfaction Guarantee

Divine Studio stands behind the quality of its products and services. If you are not satisfied with your purchase from us, contact Customer Service by phone at 083 465 6282 within 24 hours from the date you receive it (or the date it was scheduled to arrive).

Divine Studio is committed to customer satisfaction, and we do everything possible to ensure excellent printing quality. Divine Studio will run your order through for errors. You will be responsible for fixing any errors discovered in the process, or you can authorize us to print as is; however, you are subject to the following exclusions listed below under File Submissions, and Shipping and Delivery.

Certain circumstances are beyond our control and are not covered by this guarantee. Please note that we cannot be responsible for:

File Submissions

  • Spelling, punctuation, or grammatical errors made by you.
  • Inferior quality or low-resolution of uploaded images.
  • Design errors or color selection errors introduced in the artwork file creation process submitted by you.
  • Errors in user-selected options such product type, size, finishing options, or quantity.
  • Incorrect dimensions, image orientation, or file submission in accordance with Divine Studio specifications.
  • Color match guarantee without a hard copy proof approval.
  • Delivery delays due to improperly prepared files.
  • Duplicate orders by the customer.
  • Incorrect file layout for printing, scoring, folding, cutting or other custom services.

Shipping and Delivery

  • Incorrect shipping address, undeliverable packages/3rd delivery attempts, or other errors created by you.
  • Damage to the products arising after delivery to you.
  • Satisfaction guarantee does not apply to shipping claims. We will not reprint orders damaged or lost by shipping carrier.
  • We reserve the right to have you return the original order before reprinting or refunding your order.
  • We are not responsible for any damages or claims incurred by our courier or 3rd party courier services.
  • We are not responsible for any damages or claims incurred by you or your business caused by receiving printed materials which are defective or incomplete or which you receive later than the estimated delivery date.

Payment

All prices and amounts shown on this Site are in South African Rand(R)(ZAR), unless otherwise noted. If a User submits a request on the Site to purchase printing products, mailing services, design services or other services, the User agrees that all charges, taxes and shipping and processing fees will automatically be charged to the credit card or paid by User with an approved payment method. Such amounts will be posted on this Site.

Once a print job has been approved by you and “sent to press” on the Site, no changes are allowed to the artwork files, job characteristics, or printing turnaround time. After a print job has been sent to Divine Studio’s prepress department, you are responsible for paying the entire amount of that print job along with applicable taxes, shipping, and processing fees, unless otherwise noted.

Please note that no work will proceed on any print job in your order until full payment is received by Divine Studio.

Payment Methods

All purchase requests must be submitted with an approved payment method unless otherwise expressly stated. Approved payment methods include any of the following methods:

  • Pay by EFT (Electronic Fund Transfer)
  • Pay by cash in store
  • Pay by PayFast
  • Pay by in store Credit/Debit Card

Divine Studio Store Credit

  • Store credit amounts are non-transferable and non-refundable
    • For any orders to be cancelled, refunded or adjusted, ONLY the paid portion of a order will be available for refund as store credit
  • Store credit as payment:
    • Store credit amount can be used for incremental payment only when original payment is NOT paid via store credit
    • Store credit CANNOT be used in payment along with PO payment method
    • Store credit amount can be used to pay FULL or PARTIAL amounts and can be used only for products and not tax, shipping , mailing components, Setup fee’s or alignment fee’s.
    • Store credit can carry a balance until credits expire or are used in full (whichever comes first).

Color Accuracy and Hardcopy Proofs

Divine Studio will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density because of limitations in the printing process, as well as neighboring image ink requirements.

The accuracy of each color reproduction (of the final printed product) is guaranteed to be within 90% of the final proof you approved. Please note that Divine Studio cannot guarantee color reproduction for your print-ready files if you: (a) did not request a hardcopy proof; or (b) purchased a product that does not feature a hardcopy proof option. Please note that we accept no responsibility for color variations between submitted print-ready images and the actual artwork or product they represent. For guidelines, visit our Frequently asked Questions page.

If you order a “Next Day Hardcopy” proof, your order must be placed, all files uploaded, and all files approved by 9 a.m. PT (12:00 p.m. ET) in order for us to promise a next day delivery. If you need to update your file, you may receive up to two additional rounds of your hardcopy proof. If need additional rounds of your hardcopy proof, there will be an extra charge.

Artwork Files

You are responsible for the accuracy of your print-ready artwork files, and you must proofread all files carefully before submitting to Divine Studio. As postal regulations are subject to change, you are also responsible for complying with current mailing restrictions for your layouts. Check with your local Post Office for current guidelines and restrictions. We also offer design services for a fee contact us for pricing.

You certify that you have the right to use the image(s) in your artwork files. DO NOT send any “one-of-kind” transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.

Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. Divine Studio is unable to print sexually explicit materials, including photographic genitals, violently explicit materials, and speech promoting hate, violence or racism.

Printing Turnaround Time

Printing turnaround time begins once your order has been placed, payment has been made and your print-ready files have been attached to your printing job, approved for printing. If you ordered a next day hardcopy proof or standard hardcopy proof, printing turnaround time begins when we receive approval for your proof. Please note that if we are unable to print your files because they do not conform to our file requirements, your job status will return to “Need Artwork” and your printing turnaround time will be extended.

For printing jobs that do not have complete digital source files provided, printing turnaround begins when we have your print-ready file(s) for your print job, NOT from when the order is first submitted.

If your order is approved before 10:00 a.m, printing turnaround time begins that business day. For example, a job for four-day printing turnaround that you approved before 1:00 p.m. on Monday will be shipped out to you by end of business Thursday unless otherwise stated by Divine Studio. Please note that Divine Studios offices are closed Saturdays, Sundays and Public holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, printing turnaround time does not include shipping transit time, and you should allow additional business days for delivery based on the shipping method you selected.

Shipping and Arrival Times

Shipping transit times vary, and Divine Studio assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc. Divine Studio is not responsible for delays due to improperly prepared files or delivery services.

Target arrival dates are calculated by adding the printing turnaround time to the shipping transit time. If you are requesting a hardcopy proof, we already factor in additional time to reach your target date. For a standard hardcopy proof, expect approximately six business days to receive and approve your proof. For a next day hardcopy proof, expect two business days. Both printing and shipping times are based on business days only and do not include weekends or holidays. For example, a product with a printing turnaround time of two business days and a shipping method of delivery service would have a target arrival date 3-5 business days after your files have been received by us. The cut off time for accepting files is 10:00 a.m. If your files are in by that time, we will commit to printing and shipping your product within the selected time frame.

You agree that shipping terms for all Divine Studios products are shipped “Freight On Board Shipping Point” or “F.O.B. Shipping Point” – title and risk of loss transfers to you at time of shipment or pickup.

Pick-up orders will be held for 30 days at our facility. After 30 days, we will recycle your order.

Mailing Services

Your mailing list(s), while in our possession, is your exclusive property and shall be used only with your instructions. Your mailing list(s) will not be sold or offered for use to any other party, and Divine Studio will not utilize the list for any other purpose.

All mailing delivery dates are estimates, not guarantees. Divine Studio’s responsibility is limited to preparing your mailing and completing delivery to the South African Postal Service (“SAPO”). Divine Studio’s responsibility ends when the job is delivered to the South African Postal Service Mail Entry Unit. In no event shall Divine Studio be liable for SAPO performance failures or delivery delays. This guarantee does not cover fees for mailing service or postage or associated incidental or consequential damages or claims. Divine Studio is not liable for shipping carrier errors, including loss or delay on direct-mail orders.

Divine Studio shall rectify printing and mailing errors only to the extent of re-mailing a correction or corrected job as soon as possible, and any shipping costs are applicable. Divine Studio will print your order once your list is processed. We may print an amount over and above the number of viable addresses in your mailing list, as well as a small quantity of print overs. Overs are not refunded and will be automatically mailed to your billing address.  If you would like them shipped to a different address than your billing address, please post a note or call customer service to inform them of this change.  All orders that fit in one box will be shipped to you at no additional charge. If there are additional overs, there will be a shipping fee per additional box.  Additional shipping for the overages will be billed on your account and you will receive an email stating the cost and additional info with your order. 

Miscellaneous

All sales are final, unless otherwise noted. No refunds are given once Divine Studio begins working on your order, which means Divine Studio has received your necessary materials (i.e., digital files and payment) and started work on your job (i.e., your job is in production).

Orders not sent to our printing presses within 14 days are available for a full refund upon request. Please note 20% handling fee will be charged.

Please note that your printed product or images used for your printed product can be used in any marketing collateral without your prior written consent when agreeing to our terms and conditions.

IN NO EVENT WILL DIVINE STUDIO BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHER DAMAGES WHETHER OR NOT DIVINE STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. DIVINE STUDIO’S ENTIRE LIABILITY UNDER, FOR BREACH OF, OR ARISING OUT OF PROVIDING THE SERVICES HERE UNDER, IS LIMITED TO A REFUND OF THE FEES PAID FOR THE PRODUCT OR SERVICE THAT GAVE RISE TO THE CLAIM. IN NO EVENT SHALL DIVINE STUDIO BE LIABLE FOR YOUR COST OF PROCURING SUBSTITUTE GOODS.

You will defend and hold Divine Studio harmless in any claim, suit or action brought against Divine Studio by others for alleged damages, costs, expenses (including reasonable attorney’s fees), liabilities or losses resulting from circumstances where Divine Studio, acting as your agent, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in Divine Studio’s sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a claim, suit or action brought against Divine Studio for actions of your employees which may occur as a result of any mailing.

Section B

General Terms and Conditions

Copyright Notice

You, the User, acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, “Content”) are intellectual property and copyrighted works of Divine Studio and/or various third-party providers (“Providers”). Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the Copyright Act of 1978, of South African Code.

Corporate Identification and Trademarks

“Divine Studio”, “divinestudio.co.za”, and any and all other marks appearing on this Site are trademarks of Divine Studio in South Africa and other jurisdictions (“Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without Divine Studio’s prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited. Divine Studio prohibits the use of Trademarks as a “hot” link on, or to, any other Web site unless establishment of such a link is pre-approved by Divine Studio in writing.

Use Restriction

You may only use this Site to make legitimate requests to purchase the products or services offered (each, a “Request”), and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site, unless specifically permitted by Divine Studio. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.

It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.

Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without Divine Studio’s prior written consent is prohibited.

Email

We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Divine Studio website or marketing material. Also, please remember that you are responsible for whatever material you submit and that you, not Divine Studio, have full responsibility for any message that you send, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any, and all, rights to materials and ideas submitted to us become the exclusive property of Divine Studio.

Privacy

You confirm that you have read, understood and agree to the Divine Studio Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by Divine Studio, its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the Divine Studio Privacy Policy. If you are not a resident of South Africa please note that the personal information you submit to the Site will be transferred to South Africa and processed by Divine Studio in order to provide this Site and its services to you, or for such other purposes (as set forth in the Privacy Policy).

Disclaimer of Warranty

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE.

General Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIVINE STUDIO, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AFFILIATES (COLLECTIVELY, THE “COVERED PARTIES”), BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF NATURE, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, the User agrees that the liability of any such party shall in no event exceed the fee or charge to the User assessed by Divine Studio for making a Request.

Indemnification

You agree to defend, indemnify and hold harmless Divine Studio and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site. You also certify that you own rights to or have a license to use the image(s) being reproduced as part of your order.

Third Parties

If you use this Site to submit Requests for or on behalf of a third party (“Third Party”), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.

Each User using this Site for, or on behalf, of a Third Party agrees to indemnify and hold each Covered Party harmless from, and against, any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party’s or the User’s failure to fulfill any of its obligations as described (above). The User is directly responsible for any Request submitted, including related fees, charges and performance obligations.

User Comments, Feedback and Other Submissions

All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, “Comments”), shall become and remain the exclusive property of Divine Studio. The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

Links to other Web sites and Services

To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources. The outside services and resources are in no way related to Divine Studio, and are neither its employees nor agents.

Termination of Usage

User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.

Miscellaneous

The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.

None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control.

Entire Agreement

These Terms and Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the “Agreement”) between you and each Covered Party relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforce-ability of the remaining provisions will not in any way be affected or impaired.

Governing Law

The laws of South Africa shall govern the performance of these Terms and Conditions, without regard to conflicts of laws principles. You consent to the exclusive jurisdiction of South African courts, for the Terms and Conditions and use of this Site.

Last updated on 21/6/2019

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