Terms and Conditions of Sale

1.1. These Terms and Conditions (“Terms”) govern all orders placed with Swakahle Nhlaluko Skylar Magazine (Pty) Ltd (“Sky Magazine”, “we”, “us”, “our”) through our website, social media channels, or any other order channel.

1.2. By placing an order, ticking the acceptance box at checkout, or making payment, you (“the Customer”, “you”) confirm that you have read, understood, and agree to be bound by these Terms.

1.3. If you place an order on behalf of another person, you warrant that you are authorised to bind that person to these Terms.

1.4. You confirm that you are at least 18 years old, or that you have the consent of a parent or guardian to transact.

1.5. These Terms constitute the entire agreement between you and Sky Magazine in respect of your order. No variation is binding on us unless confirmed by us in writing.

2.1. Sky Magazine produces personalised, made-to-order printed magazines and related products, created specifically for each Customer from content, photographs, names, dates, and other details supplied by the Customer.

2.2. Because every product is custom-made to your personal specifications and has no resale value, all sales are final, subject only to clause 9 (Defective Products) and any rights under the Consumer Protection Act 68 of 2008 (“CPA”) that cannot lawfully be excluded.

2.3. In terms of Section 44(2) of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), the statutory seven-day cooling-off period does not apply to goods made to a consumer’s personal specifications. By ordering, you acknowledge and accept this.

3.1. All prices are displayed in South African Rand (ZAR) and include VAT where applicable.

3.2. An order is only accepted by us once full payment has been received and cleared. Until then, no contract exists and we are not obliged to begin any work.

3.3. Payment is processed through our third-party payment provider (PayFast or such other provider as we may use). We do not store your card details. We are not responsible for errors, delays, or failures of the payment provider.

3.4. We reserve the right to correct obvious pricing or display errors on the website. If an order is placed at a clearly erroneous price, we may cancel the order and refund the amount paid, and this shall be our only liability.

3.5. We may decline or cancel any order at our discretion, including for suspected fraud, unlawful content, or payment irregularities. Where we cancel through no fault of yours before work begins, we will refund the amount paid.

3.6. Promotional prices, discount codes, and vouchers are subject to their stated conditions, cannot be exchanged for cash, and may be withdrawn at any time.

4.1. You are solely responsible for the accuracy, completeness, quality, and lawfulness of all content you supply, including photographs, names, dates, captions, messages, and any other text or material.

4.2. You are responsible for the resolution and quality of photographs you upload. We are not liable for printed images that appear blurred, pixelated, cropped, dark, or otherwise degraded where the supplied image was of low quality. Where practical we may flag concerns, but the final responsibility rests with you.

4.3. You warrant that: (a) you own, or have all necessary rights and permissions to use, all content you submit; (b) where photographs include other people (including children), you have their consent, or the consent of their parent or guardian, to use their image; (c) the content does not infringe any copyright, trademark, privacy, or other right of any third party; and (d) the content is not unlawful, defamatory, obscene, or offensive.

4.4. You indemnify Sky Magazine, its directors, employees, and contractors against any claim, loss, damage, or expense (including legal costs) arising from content you supply, including claims of infringement, defamation, or breach of privacy.

4.5. We reserve the right to refuse, suspend, or cancel any order containing content that is, in our reasonable opinion, unlawful, offensive, or infringing. In such cases we may refund amounts paid less costs already incurred.

4.6. If you fail to supply required content (including photo uploads) within 14 days of placing your order, we may, at our discretion, cancel the order and retain a reasonable portion of the payment to cover costs incurred, or place the order on hold. Delays in supplying content extend all delivery estimates accordingly.

5.1. Before printing, we will send you a digital draft (proof) of your product to the email address or contact channel you provided.

5.2. You are solely responsible for reviewing the draft in full, including all spelling, names, dates, photographs, layout, page order, and content, before approving it.

5.3. The draft is deemed final and approved when: (a) you confirm approval in writing (including by email or website confirmation); or (b) you fail to raise corrections within 48 hours of the draft being sent to you.

5.4. Once a draft is approved, production begins and no further changes can be made.

5.5. Any error present in an approved draft is your responsibility. We will not provide a refund, reprint, or correction at our cost for any error, omission, or issue that was visible in the approved draft.

5.6. Corrections requested after approval or after printing has begun will, where possible, be quoted and produced as a new order at your cost.

5.7. We allow a reasonable number of revision rounds per order (as stated on the product page or two rounds if not stated). Additional revision rounds may be charged.

6.1. Colours displayed on screens differ from printed output due to screen calibration, lighting, and printing processes. Reasonable variation in colour, tone, brightness, contrast, and finish between the digital draft and the printed product isnormal, expected, and not a defect.

6.2. We may substitute materials (such as paper stock or binding) with materials of equivalent or better quality where necessary, without notice, provided the overall product quality is not materially reduced.

6.3. Minor variations inherent to print production, including slight trimming, alignment, and binding tolerances, do not constitute defects.

7.1. Delivery timeframes shown at checkout or communicated to you are estimates only and are not guaranteed. Production timeframes only begin once payment has cleared and the draft has been approved.

7.2. We use third-party couriers. Once an order has been dispatched, we are not liable for courier delays, strikes, or events beyond our control.

7.3. You are responsible for providing a correct and complete delivery address and reachable contact details. Orders delayed, returned, or lost due to incorrect or incomplete details supplied by you will only be redelivered at your cost.

7.4. Risk in the goods passes to you upon delivery to the address you provided, or upon collection.

7.5. If a parcel arrives visibly damaged, you must note the damage with the courier on receipt and notify us within 48 hours with photographs of the packaging and product.

7.6. We do not accept liability for products that miss a specific event, occasion, or date. If your order is time-sensitive, it is your responsibility to order well in advance, supply content promptly, and approve drafts without delay.

8.1. Because our products are personalised and made to order, we do not offer refunds, returns, exchanges, or cancellations for: (a) change of mind after an order is placed; (b) dissatisfaction with photographs, text, or content you supplied; (c) errors in spelling, names, dates, or other details you provided or approved in the draft; (d) stylistic preferences regarding layout, fonts, or design shown in the approved draft; (e) colour or print variance as described in clause 6; (f) delays caused by you, including late content submission or late draft feedback; or (g) products that miss an event or occasion.

8.2. Orders cannot be cancelled once design work has begun. If we agree, entirely at our discretion, to cancel an order before design work begins, any refund will be reduced by payment processing fees and costs already incurred.

9.1. If your product has a genuine manufacturing defect — meaning a printing error not present in the approved draft, missing or duplicated pages, binding failure, or physical damage attributable to production — we will remedy it in accordance with the CPA.

9.2. To claim, notify us at admin@skymagazine.co.za within 7 days of delivery, providing your order number and clear photographs of the defect.

9.3. Our chosen remedy is a reprint of the affected product. Where a reprint is not reasonably possible, we may offer a replacement or refund at our discretion, in accordance with the CPA.

9.4. Clause 9 does not cover: errors contained in the approved draft; supplied-image quality issues; colour and print variance under clause 6; ordinary wear and tear; or damage occurring after delivery.

10.1. All templates, layouts, designs, design elements, processes, branding, and website content created or used by Sky Magazine remain our exclusive intellectual property (or that of our licensors). Purchase of a product does not transfer any rights in our templates or designs.

10.2. You may not reproduce, resell, adapt, or commercially exploit our designs, templates, or production methods without our prior written consent.

10.3. You retain ownership of the photographs and text you supply. You grant us a nonexclusive licence to use, edit, reproduce, and print that content for the purpose of producing your order.

10.4. We may photograph or display completed products (with identifying personal details reasonably obscured where appropriate) for marketing and portfolio purposes, unless you opt out in writing at the time of ordering.

11.1. We process personal information (including names, contact details, delivery addresses, and uploaded photographs) solely for the purpose of fulfilling your order, communicating with you, and complying with the law, in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”).

11.2. Uploaded content is stored securely with reputable third-party service providers for production purposes and may be deleted after a reasonable period following order completion.

11.3. We do not sell your personal information. Our full Privacy Policy is available on our website and forms part of these Terms.

12.1. You agree to contact us first and allow us a reasonable opportunity to resolve any issue before initiating a payment reversal, dispute, or chargeback.

12.2. Chargebacks filed in respect of orders produced in accordance with an approved draft will be disputed in full, with supporting documentation including the order record, draft transmission records, and your approval record.

12.3. We reserve the right to recover from you any costs, fees, or losses incurred as a result of an unjustified chargeback, and to refuse future orders.

13.1. To the maximum extent permitted by law, Sky Magazine’s total aggregate liability for any claim arising from or relating to an order, whether in contract, delict, or otherwise, is limited to the amount actually paid by you for that order.

13.2. To the maximum extent permitted by law, we are not liable for any indirect, consequential, special, or punitive loss or damage, including loss of enjoyment, emotional distress, missed events or occasions, loss of data, or loss of profit.

13.3. Nothing in these Terms limits or excludes liability that cannot lawfully be limited or excluded, including liability under sections 60 and 61 of the CPA.

14.1. We are not liable for any failure or delay in performing our obligations caused by events beyond our reasonable control, including load shedding and power failures, internet or telecommunications outages, supplier or courier failures, strikes, riots, fire, flood, pandemic, or acts of government.

14.2. If a force majeure event continues for more than 30 days, either party may cancel the affected order, in which case we will refund amounts paid less the value of work already completed and costs already incurred.

15.1. While we take reasonable care, we do not warrant that the website will be error-free, uninterrupted, or free of harmful components. Use of the website is at your own risk.

15.2. Product images on the website are for illustration; actual personalised products will differ because they are built from your content.

15.3. We may modify, suspend, or discontinue any part of the website or product range at any time without notice.

16.1. You consent to us communicating with you by email, messages on your order page, SMS, or telephone regarding your order, including sending drafts and delivery updates.

16.2. Communications sent to the contact details you provided are deemed received: emails and messages, on the day of sending. It is your responsibility to monitor those channels (including spam folders) during the order process.

17.1. If you breach these Terms, we may suspend or cancel your order and/or refuse future orders, without prejudice to any other rights we may have.

17.2. Abusive, threatening, or harassing conduct toward our staff or contractors will not be tolerated and may result in cancellation of your order at our discretion.

18.1. These Terms are governed by the laws of the Republic of South Africa.

18.2. The parties will first attempt to resolve any dispute informally and in good faith within 20 business days of it being raised in writing.

18.3. If the dispute is not resolved informally, either party may refer it to mediation before pursuing any other remedy, without limiting your rights under the CPA to approach the National Consumer Commission or a consumer court.

18.4. You consent to the jurisdiction of the Magistrates’ Court in respect of any claim, notwithstanding that the amount may exceed its ordinary jurisdiction.

19.1. If any provision of these Terms is found to be unlawful or unenforceable, it will be severed, and the remaining provisions will continue in full force.

19.2. No failure or delay by us in enforcing any right is a waiver of that right.

19.3. You may not cede or assign your rights under these Terms without our written consent.

19.4. We may amend these Terms from time to time. The version published on the website at the time you place your order applies to that order.

19.5. Nothing in these Terms excludes, limits, or overrides any right you have under the CPA or other legislation that cannot lawfully be excluded.