Terms & Conditions

Action Retail Display (Pty) Ltd (“ARD” or “the Supplier”)
Effective Date: 22/07/2025

1. Definitions & Parties

– “Supplier” means Action Retail Display (Pty) Ltd (including its affiliate Pop Direct (Pty) Ltd), its successors or assignees.
– “Customer” means the company or individual that places an order with the Supplier.
– “Goods” means any display units, POS materials, signage, fittings, etc., supplied under these terms.
– “Order” means the Customer’s purchase order, quote, or acceptance in writing.
– “Services” means design, project management, and delivery services provided by the Supplier.
– “Agreement” refers to these Terms and Conditions together with any quotation, purchase order, invoice, scope of work, or contract referring to them.

2. Applicability

– These terms apply to all orders and supersede any conflicting terms from the Customer, unless specifically agreed in writing by an authorized Action Retail Display representative.
– Variations or collateral agreements will only be valid if confirmed in writing by both parties.

3. Quotes & Orders

– Quotes are valid for 30 days unless stated otherwise.
– An Order becomes binding only when acknowledged in writing by the Supplier (e.g. order confirmation, commencement of production).
– Orders cannot be cancelled or varied without Supplier’s written consent.

4. Pricing & Payment Terms – Pre-Payment

– Client shall pay a non-refundable pre‑payment of 50 %, required upon order acceptance and prior to commencement of design or manufacturing.
– This pre‑payment is made in respect of the bespoke design, materials procurement, production setup, and labor incurred.
– As this is a pre‑payment—not governed by Section 17 of the CPA—once paid and production has begun, the pre‑payment is forfeited and not refundable, except when goods are defective or not delivered, in which case Section 56 of the CPA applies.
– Cancellation of the order by the Client after payment will not entitle a refund of the pre‑payment. The Client may still owe the balance as per agreed terms.
– Nothing in this clause excludes the Client’s rights under CPA Section 55–56 to return defective goods within six months or obtain repair, replacement, or refund where applicable.

5. Delivery & Risk

– Delivery is F.O.B. Supplier’s premises unless otherwise agreed.
– Title and risk transfer to the Customer at the point of dispatch to the carrier.
– Delivery dates are indicative and not binding; delays due to force majeure do not constitute breach.

6. Specifications & Acceptance

– Goods will meet agreed written specifications; minor variations are non-material and permissible.
– Customer must inspect Goods and notify the Supplier of non-conformities within 7 days of receipt; failure to do so constitutes acceptance.

7. Returns & Warranty

– Goods are warranted against material and workmanship defects for 6 months from delivery.
– Warranty excludes misuse, alteration, and normal wear and tear.
– Supplier may repair or replace defective Goods at its sole discretion.
– Claims must be submitted within 14 days of discovering the defect.

8. Limitation of Liability

– Supplier’s liability is limited to the value of the Goods affected.
– Supplier shall not be liable for indirect, special, or consequential damages, including lost profits.
– All implied warranties are excluded to the fullest extent permitted by South African law.

9. Credit Approval & Defaults

– Credit is granted subject to approval and a successful credit application.
– Default includes non-payment, insolvency, or breach of terms.
– Upon default, Supplier may cancel Orders, suspend delivery, and reclaim unpaid amounts with associated costs.
– Title to Goods remains with Supplier until full payment; Customer acts as bailee and must insure the Goods.

10. Intellectual Property & Confidentiality

– Supplier retains all IP rights in designs, artwork, and technical documents unless explicitly transferred in writing.
– Customer shall not disclose or misuse Supplier’s proprietary or confidential information.

11. Data & Compliance

– Supplier complies with POPIA and maintains a PAIA Manual and POPIA Policy, available upon request.
– Agreements may be formed and amended electronically under the Electronic Communications and Transactions Act

12. Force Majeure

– Supplier shall not be liable for failure to perform due to causes beyond its control including natural disasters, strikes, or supply chain disruptions

14. Cooling-Off Period and Cancellation Rights

– In accordance with Section 16 of the Consumer Protection Act, the right to a cooling-off period applies only to transactions resulting from direct marketing and does not apply to bespoke, branded, or customized products.
– No cooling-off period applies where the Customer initiates the transaction or where the Goods are made to the Customer’s specifications, branded, or otherwise personalized.
– Once production has commenced on bespoke or branded products, the Order may not be cancelled or modified unless agreed in writing by the Supplier.

15. Dispute Resolution & Jurisdiction

– Any disputes will be resolved by arbitration in South Africa unless urgent interim relief is sought in court.
– These terms are governed by and interpreted according to South African law.

16. General Provisions

– Notices must be in writing and sent via email or registered mail.
– If any clause is found unenforceable, the remainder will still apply.
– Terms may be amended via notice on Supplier’s website and apply to future Orders.
– The Customer’s domicilium citandi is as stated in the Order or credit application.

Action Retail Display drives innovation to new heights in design and manufacturing.

With a deep understanding of your brand and the environment you’re operating in,

we deliver powerful, streamlined, and customized display solutions that drive results

and simplify success.