Macmillan Education

 

Terms and Conditions of Sale

 

  1. Macmillan Education
    1. Macmillan South Africa (Pty) Limited (“Macmillan Education”) is a publisher which offers products which support the South African educational curriculum.
    2. The following terms and conditions of sale apply to all orders for goods that Macmillan Education receives from You (the “Customer”).
    3. These terms apply to the exclusion of all other terms and conditions, including any amended terms and conditions written down on your purchase order, invoice, delivery note, or any other document. These terms can only be amended if they are written down and signed by an authorised representative of Macmillan Education.
    4. Copyright in the Publications shall, unless agreed otherwise in writing, remain with the respective Publisher.
  2. Orders
    1. By submitting an order for any goods the Customer acknowledges receipt of and accepts these Terms and Conditions.
    2. The list of titles available for purchase from Macmillan Education can be viewed in the following ways:
      1. in the official Macmillan Education price list which is issued by Macmillan Education each year;
      2. in the catalogue issued by the Department of Basic Education; or
      3. on the Macmillan Education website, at www.macmillan.co.za.
    1. The Customer will pay the purchase price less any agreed discount (if applicable) for each product set out in the Macmillan Education price list or the Macmillan Education website.
    2. The order process will depend on whether the Customer is a cash or credit/account customer.
    3. The ordering process is as set out hereunder:
      1. Submit a written request for a quote to the email address or fax number set out in the price list or on the website specifying:
        1. ISBNs/SKUs and Titles of the product;
        2. Quantity required per product;
        3. Delivery address for Your order; and
        4. Contact person, email address or fax number and telephone number for the order.
      2. Macmillan Education will process your request and provide you with a written quotation.
      3. The Customer will then need to submit to Macmillan Education an official order. This official order must be in writing (sent by email or fax) and specify the ISO number (as per quotation) as well as your purchase order number.
      4. If you are a cash Customer:
        1. Macmillan Education will then send to the Customer a pro-forma invoice specifying the amount the Customer needs to pay as well as our banking details.
        2. Once Macmillan Education has received confirmation that the Customer’s payment has been received, Macmillan Education will allocate the payment and process the order for dispatch and delivery.
      5. If You are a credit/account Customer:
 
        1. Macmillan Education will process the order and send to the Customer an order acknowledgement.
        2. Macmillan Education will process your order for dispatch and delivery.
        3. The Customer will receive monthly statements indicating the amount owing on their account (if any).
        4. Please note that Macmillan Education will not process the order if the Customer has exceeded their credit limit, delayed or missed payment on their credit account, or are otherwise in breach of the terms of this or any other agreement the Customer has with Macmillan.
  1. Order Cancellation

Once the order has been processed for dispatch and Macmillan Education has sent the Customer an order acknowledgement, Macmillan Education cannot accept any cancellations. Please note Clause 5 below on Exchanges and Returns.

  1. Delivery
    1. Delivery of orders shall be the responsibility of Macmillan Education, and any cost for delivery will be specified on your (pro-forma) invoice (if applicable).
    2. Orders cannot be collected by the Customer from Macmillan Education.
    3. Macmillan Education may deliver the order in more than one consignment.
    4. Once Macmillan Education has delivered the order to the Customer, the Customer will become responsible for the risk of damage or loss to the items ordered.
  2. Exchanges, Returns and Refunds
    1. Any claim for a return or exchange must be submitted in writing to the email address shown on your invoice.
    2. Macmillan Education will accept returns or exchanges of items which fall into the categories below at no cost to the Customer:
      1. damaged items;
      2. where the incorrect item has been delivered to the Customer (i.e. where the item delivered differs from the item ordered);
      3. books which have been incorrectly bound; and
      4. faulty items.
    1. The Customer may request to return items purchased from Macmillan Education within 60 days of date of delivery, provided that the item is still in saleable condition as determined by Macmillan Education in its sole discretion. Macmillan Education may charge the Customer an administration fee for the processing of such return.
    2. Where items are accepted for exchange or refund, Macmillan Education will arrange for the items to be collected from the Customer. The Customer will be responsible for any additional costs of collection and delivery due to your request for exchange or return.
    3. Macmillan Education will not accept returns or exchanges for items which are no longer relevant/current to curricula taught within South Africa.
    4. Macmillan Education will not accept returns or exchanges on any digital products where the voucher or access code has already been redeemed.
    5. In instances where Macmillan Education offers the Customer a refund, Macmillan Education will refund the Customer in the same mode in which the Customer made the payment. Therefore, in the case of a cash Customer, Macmillan Education will deposit the refund amount into the Customer’s bank account. To facilitate this refund, Macmillan Education will request proof of banking details from the   Customer.   In   the   case   of   a  credit/account

Customer, Macmillan Education will credit the Customer’s account accordingly.

  1. Payment
    1. The Customer's method of payment depends on whether the Customer is a cash or credit/account Customer.
    2. A cash Customer’s order will only be processed for dispatch and delivery once we have confirmed that your full payment has been received.
    3. If you are a credit Customer, payments shall be made within 60 (sixty) days from date of statement subject to the agreed credit terms. Macmillan Education reserves the right to withhold processing of orders against accounts that exceed these terms and all amounts due but unpaid will bear interest at the prime overdraft rate plus 2% per month from due date until date of payment in full.
  2. Credit
    1. In the event that the Customer has applied for credit, the Customer agrees that Macmillan Education is entitled to:
      1. make any reasonable enquiries to verify and research any details provided by the Customer on this application form;
      2. access the files of any credit bureau to ascertain the Customer’s credit profile when assessing the application and at any time during the currency of the Customer’s account;
      3. disclose the existence and the conduct of the Customer’s account with Macmillan Education, whether still current or not, to any credit bureau or other credit grantor;
      4. place the Customer’s name on Macmillan Education’s own marketing and mailing list provided that it will be removed should the Customer so in writing request.

7.2.   Macmillan Education at its discretion shall be entitled at any time in the future to alter the credit terms or require further security from the Customer. Credit facilities may be withdrawn by Macmillan Education at any time without prior notification, and the decision as to whether or not to grant credit facilities to the Customer and the credit limit granted is at the sole discretion of Macmillan Education.

  1. Product presentation and format

Macmillan Education sells all material on the condition that you shall not lend, re-sell, hire out or otherwise circulate the material in any form of binding, cover or format other than that in which we have provided it to you. If you on-sell the books, such further sale will also be subject to this requirement.

  1. Data Protection
    1. For purposes of this clause “personal information” has the meaning assigned to it in the Protection of Personal Information Act 4 of 2013.
    2. When a Customer places an order for goods or applies to open an account facility with Macmillan Education we require you to provide certain personal information. The personal information that each Customer provides will be used to assess a Customer’s application for an account facility, conduct a credit assessment with a credit bureau (in cases where a Customer applies for credit), report to credit bureaus about the conduct of a Customer’s account, send relevant marketing material, administer Macmillan’s relationship with the Customer and to deliver products ordered by a Customer.
    3. Macmillan Education will share the personal information with service providers who assist us    in
 

the administration of our business, provide us with professional services (e.g. auditors) and handle delivery of products.

    1. Macmillan Education is part of the Springer Nature Group of companies which has offices in multiple locations across the world. The personal information may be shared with other entities in the group that are based outside South Africa as part of records management and conducting the business of Macmillan Education. Personal information may also be transferred out of the country to certain service providers or business partners who are based outside South Africa, for example our cloud storage service provider. Whenever Macmillan Education transfers personal information out of the country it will take reasonable steps to ensure that the personal information has a similar level of legal protection to the protection afforded by South African law.
    2. If a Customer opens an account, your personal information will be retained for as long as your account remains open; thereafter it will be deleted, blocked or de-identified. If a Customer does not open an account, the personal information will be retained for as long as necessary to provide you with the product and collect payment after which it will be deleted, blocked or de-identified. In addition to the above stated retention periods, personal information will be retained for any additional period required by law or contract, if the information is still required to complete outstanding tasks or to exercise any rights and claims.
    3. Macmillan Education has implemented reasonable technical and organisational security measures to protect Customer personal information from unlawful access, loss, damage or unauthorised destruction.
    4. Every customer has the following rights in relation to their personal information:
      1. to decide that they no longer wish to have their personal information processed by Macmillan Education, subject to certain legal restrictions;
      2. to request that the personal information be corrected, blocked or deleted at any time, subject to certain legal restrictions or
      3. to lodge a request for access to the personal information that Macmillan Education holds on them.
    1. A Customer that wants to exercise any of the above rights, can contact Macmillan Education at za.legal@macmillaneducation.co.za.
    2. If a Customer is dissatisfied with how Macmillan Education has processed their personal information, they have a right to lodge a complaint with the Information Regulator. The regulator can be contacted on inforeg@justice.gov.za.
  1. Breach
    1. Should the Customer breach any of the provisions of these Terms and Conditions, or any other contract with Macmillan Education then without any prejudice to any of the other rights of Macmillan Education against the Customer, all amounts owing by the Customer to Macmillan Education whether or not then due and payable shall immediately become due and payable in one sum on demand.
    2. In the event of Macmillan Education instructing its agents or attorneys to recover moneys from the Customer, the Customer shall be liable for and pay all administrative and legal costs on the attorney and own client scale, including collection commission and tracing  agent fees  incurred  from  the date of  hand

 

over by Macmillan Education to its attorneys for the recovery of any arrear amounts.

  1. Queries

If you have any queries or concerns regarding your order, you may contact the Customer Services Department of Macmillan Education as set out in the price list or on www.macmillaneducation.co.za.

  1. Business Ethics
    1. The Customer will at all times comply in full with:
      1. All applicable anti-bribery and corruption laws; and
      2. Macmillan    Education’s    anti-bribery    and corruption policy which Macmillan Education may amend from time to time, and which the Customer can access online at https://www.macmillaneducation.co.za/files/Legal/SpringerNature-Business-Partner-Code-of-Conduct.pdf, or from Macmillan Education on request.
    1. The Customer confirms that neither you nor any of your subsidiaries, directors, employees or anyone else acting on your behalf has directly or indirectly:
      1. paid, provided, offered or authorised any payment, gift, inducement or another benefit to any person, including any government or regulatory entity or official, for the purpose of improperly obtaining, retaining or directing business, or to obtain any improper business advantage; nor
      2. received, accepted or authorised any such benefit from any such person for any such purpose; nor
      3. shall directly or indirectly do either of these at any time.

12.3. If the Customer breaches the provisions of this Business Ethics clause, Macmillan Education shall have the right to immediately terminate any agreement with the Customer, to withhold further supplies, and to take any such action as may be necessary to protect its rights.