Terms of Service

Last updated: August 4, 2026
Supplier: DK Brands (Pty) Ltd, registration number 2023/012345/07
Registered address: 14 Cronje Rd, Harmoniesrus, Vereeniging, Gauteng, South Africa
Contact: sales@dkbrands.co.za · 076 230 9169

1. Application & interpretation

These Terms apply to every visitor to our websites (dkbrandsweb.yourapps.co.za and dkbrands.yourapps.co.za) and to every quotation, order, supply, manufacturing, delivery or service rendered by DK Brands. Where a separately signed contract, order form or pro-forma invoice exists and contains inconsistent provisions, the signed document prevails to the extent of the inconsistency, save that these Terms continue to apply as default to any matter not expressly addressed.

2. Quotations

• All quotations remain valid for 14 calendar days from date of issue unless otherwise stated on the quotation itself.
• Prices quoted exclude VAT (which is levied at the prevailing South African rate of 15 %) and exclude transport, installation, training, and import duties unless the quotation expressly includes them.
• DK Brands reserves the right to refuse to honour a quotation that contains a manifest typographical, clerical, pricing or specification error; we will notify the customer within 2 working days of receipt of order acceptance of any such error.
• Pricing is fixed for a confirmed order once a deposit has been paid; thereafter material and currency surcharges do not apply to that specific order.

3. Order acceptance & contract formation

1. A contract for the manufacture or supply of goods comes into existence only when:

• the customer has signed and returned the order form / pro-forma invoice, and
• DK Brands has received the stipulated deposit (or, for account customers with approved credit terms, the order has been countersigned by an authorised DK Brands representative).

Oral orders are only binding if subsequently confirmed in writing by DK Brands within 3 working days.

4. Deposits, payment terms & ownership

• First-time customers / non-account customers: a 50 % non-refundable deposit is required to commence manufacturing, with the outstanding 50 % payable prior to dispatch or on delivery (COD) depending on the delivery region.
• Approved account customers: payment is strictly nett 30 days from date of invoice, unless an alternative agreement has been signed by an authorised DK Brands Financial Director. DK Brands reserves the right to suspend manufacturing or withhold delivery of any order while any invoice is overdue.
• Ownership (retention of title): all goods manufactured or supplied by DK Brands remain the exclusive property of DK Brands until the full purchase price (including VAT, interest, storage, transport, penalties and costs of collection) has been paid in cash and cleared funds into DK Brands' nominated bank account. Until full payment the customer holds the goods as DK Brands' bailee and must keep them fully insured against loss, theft and damage at their own cost. If the customer defaults on any payment when due, DK Brands may, without notice, take possession of the goods and resell them, applying the proceeds against any outstanding balance.
• Interest: overdue amounts attract interest at the prime overdraft rate of Absa Bank Ltd plus 3 % per annum, compounded monthly, from the due date until date of payment. This does not affect any additional remedies DK Brands may have in terms of the National Credit Act.

5. Customer-supplied artwork & specifications

• All artwork, logos, Pantone references, product mock-ups, technical drawings and fabric specifications ("Customer Materials") must be submitted in the format specified by DK Brands (typically vector AI / EPS / SVG, or layered PSD at 300 DPI with bleed as required).
• The customer warrants that it owns or has full authority to license every Customer Material supplied, and that reproducing it on finished goods (including sublimation, embroidery, screen-printing, heat-transfer, weaving or any other decoration method) does not infringe the copyright, trademark, design right or other intellectual property of any third party.
• Customers will be supplied with a digital or physical proof (as agreed) for approval before bulk manufacturing commences. Once a proof is approved in writing, DK Brands is not liable for any errors contained in that approved proof (including typographical errors, colours discrepancies within published CMYK-to-fabric tolerances, incorrect logos, misspellings, size or placement mistakes). Any changes after proof approval are subject to re-work charges and a revised lead time.
• Where no proof is requested by the customer, production proceeds on the basis of the original quotation's verbal or written description and the customer accepts full responsibility for the final appearance.

6. Lead times & delivery

• Manufacturing lead times stated on quotations are estimates only, calculated from the later of: (a) receipt of cleared deposit, (b) written approval of all proofs and designs, and (c) receipt of any customer-supplied stock, garments or materials. Lead times are not of the essence unless expressly agreed in writing and signed by a DK Brands director.
• Where DK Brands fails to meet an agreed delivery date due to its own default (and not due to Force Majeure — see clause 11), the customer's sole remedy is a credit of 0.5 % of the nett order value per working day of delay, capped at 5 % of the nett order value, provided the customer issues written notice of delay within 7 calendar days of the due date. This does not extend to any consequential, indirect or trading losses.
• Risk in the goods: risk of loss, damage or theft passes to the customer on the date of collection by the customer or on hand-over to a nominated third-party transporter / courier. DK Brands will, at its own cost, arrange basic transit insurance for goods it transports; customers using their own carrier must arrange insurance directly.
• All deliveries must be inspected by the customer on receipt and any shortages or visible transport damage must be recorded on the proof of delivery (POD) and reported to DK Brands in writing within 48 hours. Unreported discrepancies after this period are deemed to have been received in full and good order.

7. Minimum order quantities (MOQ)

Standard MOQs apply per product line: sublimated apparel — 50 units per design / colour-way; embroidery or screen print — 25 units per design; bulk textiles / fabric — by roll length on quotation; branded gift sets — 50 units. Lower quantities may be accommodated at DK Brands' discretion and are typically priced at a higher per-unit rate to reflect set-up costs. Printers and equipment are supplied on a unit-by-unit basis and do not have MOQs.

8. Colour, quality & tolerances

• Sublimation, fabric dyeing and printing are inherently variable processes; DK Brands warrants that finished goods will meet industry-recognised tolerances for commercial production: ± 5 % colour variance on Pantone references when measured on the approved substrate and ± 3 % on fabric weights, dimensions and quantities (overruns or underruns within those tolerances are accepted as commercially compliant and will be invoiced on a pro rata basis).
• DK Brands does not guarantee colour matching between batches, between fabrics, or against on-screen / PDF digital proofs unless a physical pre-production strike-off is ordered and approved. Strike-offs are quoted separately.
• All goods are warranted free from material defects in workmanship and materials for a period of 90 days from date of delivery. Fabrics and textiles carry any manufacturer warranty supplied to DK Brands (typically 6 months against structural defect in washing, if washed per the care label). This warranty does not cover fair wear and tear, accident, misuse, negligence, improper laundering, alterations or unapproved modifications.

9. Returns, claims & cancellation

• Wrong or defective goods: subject to clauses 5 and 8, goods that do not materially match the approved specification must be notified to DK Brands in writing with photographic evidence and batch references within 7 calendar days of delivery. DK Brands will, at its election, either replace the defective goods, repair them, or credit / refund the price paid. Goods must not be used, washed or returned without a prior Return Merchandise Authorization (RMA) number from DK Brands.
• No cancellation after manufacturing start. An order may be cancelled prior to the commencement of manufacturing or proof approval on condition that the customer pays a cancellation fee equal to: (a) 10 % of the nett order value for standard stock orders, or (b) 35 % for custom-branded or made-to-order goods. Once proof is approved / manufacturing commences, cancellation is not permitted and the full order balance remains due and payable.
• No refunds on custom / made-to-order goods once manufactured, unless they are demonstrably non-compliant with the approved proof (clause 9.1). Stock items may be returned unused and in original packaging within 7 days for a credit note, less a 15 % restocking fee and transport charges.

10. Intellectual property

• All intellectual property rights in DK Brands' standard products, catalogue designs, patterns, cutters, dies, sublimation profiles, software, websites (including the look and feel), training material, documentation and marketing collateral ("DK Brands IP") remain exclusively vested in DK Brands or its licensors. No license is granted to copy, reproduce, reverse-engineer, distribute or create derivative works from any DK Brands IP without prior written consent.
• The customer grants DK Brands a limited, non-exclusive, royalty-free right to reproduce, photograph, display and publish examples of finished goods it manufactured for the customer, solely for the purpose of marketing, portfolios and case studies on DK Brands' websites and social media channels. The customer may opt out of this marketing right by written notice to marketing@dkbrands.co.za.

11. Force majeure

Neither party shall be in breach of these Terms nor liable for any delay or failure in performance (other than payment obligations) to the extent that such delay or failure is caused by an event of Force Majeure. Force Majeure includes, without limitation: war, civil commotion, riot, terrorism, government regulations, lockouts, strikes and labour unrest, load shedding (Eskom electricity outages in excess of stage 4 averaged over any 7-day window), natural disasters, pandemic, pandemic-related restrictions, fire, flood, explosion, failure of public utilities, import / export restrictions, delays or defaults of DK Brands' own suppliers beyond DK Brands' reasonable control, and any other event that is unforeseeable and beyond the reasonable control of the party claiming relief. The affected party will give prompt written notice to the other and, if the Force Majeure event continues for more than 60 days, either party may terminate the contract by written notice without penalty other than pro-rata payment for work already completed up to the date of termination.

12. Limitation of liability

Save for any liability that cannot lawfully be excluded or limited (including in terms of the Consumer Protection Act, 2008 where it applies, or in the case of gross negligence or wilful misconduct of DK Brands, its directors or employees):

• DK Brands' total aggregate liability to the customer in contract, delict (tort), statute or otherwise arising out of or in connection with any single order is limited to the nett purchase price actually paid by the customer to DK Brands for that order.
• DK Brands shall under no circumstances be liable for any indirect, special, incidental, consequential or punitive damages, including but not limited to: loss of profit, loss of revenue, loss of business, loss of goodwill, loss of anticipated savings, loss of use, loss of data, costs of cover or replacement sourcing, or claims by third parties against the customer, whether or not DK Brands was advised of the possibility of such loss.
• In respect of the websites and client portal, the services are provided "as is" and "as available" without warranties of any kind. DK Brands does not warrant that the websites will be uninterrupted or error free, or that any defects will be corrected, or that the websites or the servers that host them are free of viruses or other harmful components.

13. Indemnification

The customer indemnifies DK Brands, its directors, employees, agents and sub-contractors fully against all losses, damages, costs (including legal costs on an attorney-and-own-client scale), penalties, fines and claims by third parties arising from or related to: (a) breach of any warranty in clause 5 (copyright / trademark infringement in customer-supplied artwork), (b) any use of the goods by the customer or its end-users in breach of law or any applicable safety standard, or (c) any material misrepresentation made by the customer to DK Brands during the ordering or specification process.

14. Website & portal acceptable use

• You agree not to use our websites, client portal or any associated APIs (a) in breach of any applicable law, (b) to transmit malware, viruses, worms, trojans or other malicious code, (c) to attempt to gain unauthorised access to any account, system or network belonging to DK Brands, (d) to submit false or misleading information, (e) to scrape, copy, reproduce or republish any substantial portion of the website content, or (f) to harass, abuse, defame or otherwise violate the legal rights of any other person.
• You are responsible for maintaining the confidentiality of any username / password issued to you for access to the client portal, and for all activities conducted under your account. You agree to notify DK Brands immediately of any suspected unauthorised use.
• DK Brands may suspend or terminate your access to the portal at any time for breach of these Terms, or for any activity reasonably believed to pose a security or legal risk.

15. Hyperlinks

Our websites may contain links to external sites operated by third parties. DK Brands does not endorse, control or assume any responsibility for the content, privacy practices or terms of any linked third-party site, and you access them at your own risk.

16. Consumer Protection Act (CPA)

Where a transaction falls within the ambit of the Consumer Protection Act, 68 of 2008 (i.e. goods or services sold to a natural person for purposes unrelated to that person's business, trade or profession), and any provision of these Terms is inconsistent with a provision of the CPA, the CPA prevails to the extent of the inconsistency. Nothing in these Terms is intended to oust the rights of a "consumer" as defined in the CPA.

17. Dispute resolution & governing law

• These Terms and every contract or dispute arising from them are governed by and interpreted exclusively in accordance with the laws of the Republic of South Africa.
• The parties will first attempt in good faith to resolve any dispute through direct negotiation between senior representatives. If unresolved within 21 calendar days of written demand, the dispute shall be referred to private mediation under the auspices of the South African Institute of Arbitrators (SAIA), before either party proceeds to litigation. Costs of the mediation are borne equally; each party bears its own legal costs.
• Subject to mediation, the parties submit to the non-exclusive jurisdiction of the Magistrate's Court (if within its jurisdiction) or the Gauteng Division of the High Court of South Africa, seated at Johannesburg or Pretoria.

18. Severability, amendment & entire agreement

Any term found to be void, illegal or unenforceable shall be severed from these Terms, which shall continue in full force and effect as if the severed term had never been included. DK Brands may amend these Terms from time to time by publishing the revised version on this website; continued use of the websites after the effective date listed at the top of this page constitutes acceptance of the revised Terms. The contract between you and DK Brands for any order consists exclusively of these Terms plus the signed quotation / order form / pro-forma invoice; no other representations, warranties or prior correspondence form part of the contract unless signed in writing by both parties.

19. How to contact DK Brands

For all questions about these Terms, or to serve any legal notice or request for dispute resolution, please write to:

• Email: legal@dkbrands.co.za (marked for the attention of the Company Secretary)
  Tel: 076 230 9169 · Mon–Fri 08:00–17:00 SAST
  Registered / physical address: 14 Cronje Rd, Harmoniesrus, Vereeniging, Gauteng, 1929, South Africa