Terms & Conditions

WHEREAS the Client(s) are desirous in booking the Photographer as the official photographer to undertake the Photoshoot and whereas the parties hereto are desirous in recording such agreement in writing; 

and NOW THEREFORE the parties agree as follows: 

1. Interpretation

1.1 It is agreed that this contract is entered into between the Photographer and the Client(s) and it is further agreed that the Photographer shall be the sole professional photographer of the day.

1.2 These terms constitute the whole agreement between the parties and the due performance of the contract is subject to the terms below. The terms as set out herein will take precedence over any other terms, conditions and/or stipulations contained in any of the Client(s) documentation and any agreement and/or term purporting to vary or novate the terms of this agreement, or any consensual cancellation, shall not be valid unless reduced to writing and signed by the Client(s) and the Photographer. 

2. Definitions

2.1. Photoshoot - Means a photography session and especially one in which a professional photographer takes photographs of someone or something for commercial use.

2.2. Photographer - Means the photographer for Bosch Studio, their representatives, successors, assigns, agents and affiliates.

2.3. Photographs - Means any product of photography or of any process analogous to photography.

2.4. Client(s) - means the person(s) booked for a photo session, their representatives, successors, assigns, agents and affiliates.

2.5. Material - Includes but is not limited to all Photographs, albums, coffee table books, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, drawings, engravings and/or any other photographic product or other products comprising or containing reproductions, adaptations or compilations of any form of photographic material, which being literary and/or artistic works, and which has been created by the Photographer.

2.6. Photoshoot Session - Means the specific option or package a client chose for a specific amount of time & quantity of retouched images.

2.7. Contract - Means these standard terms and conditions, together with any and all Annexures, which is to be read together as one contract and will be considered as one document, all of which will have the effect of a legal and binding agreement between the parties. Agreement shall be construed accordingly.

2.8. Retouched - Means to make small changes to a picture, photograph, etc. especially in order to improve it by editing.

3. Copyright and Ownership of Materials

The entire copyright, title, and intellectual property rights of any Images will remain that of The Photographer at all times throughout the world.

3.1. All Copyright in the Material created and produced pursuant to this agreement vests with and is retained worldwide by the Photographer at all times and nothing contained in this Agreement shall be deemed as a release, transfer, assignment or other disposal of the Photographer’s rights in the Material.

3.2. No other person, including the Client(s), will enjoy any rights under the Copyright in and to such Material save as may be specifically granted in this Agreement, or subsequent to this agreement in writing by the Photographer.

3.3. Without derogating from the generality of the above, the Photographer hereby permits the Client(s) to use the Material for their personal and non-commercial use, and in the following manner only:

3.3.1. To reproduce, print and copy the Material for family and friends; and

3.3.2. To post, blog and/or display the Material on their personal and non-commercial media and social network forums, provided that the Photographer be credited for the use of the Material at all times as per the Photo Release signed.

3.4. Notwithstanding the above, it is expressly agreed that the Client(s) will not acquire any rights under the copyright in and to the Material and that all rights under the copyright in such Material is exclusively reserved to the Photographer. The Client(s) and any third party is not permitted to sell, publishing, reproduce or otherwise provide and/or distribute the Material to any third party without the express written permission of the Photographer and prior written consent for the use of the Photographs for any purpose other than for the Client(s) personal and non-commercial use must be obtained from the Photographer.

3.5. The Photographer further retains the right to claim authorship of the Photographs and to object to any distortion, mutilation or other modification of the Photographs and/or any Material where such action is or would be prejudicial to the honor or reputation of the Photographer. 

4. Display

4.1 The Client(s) hereby permit and allow the Photographer to display any images covered by this contract and to generally promote the business by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the Client(s).

4.2 It is specifically agreed that the Material may be used on social media forums as is desired, and that the Clients’ may be tagged, or otherwise identified, unless otherwise agreed in writing.  

5. On The Photoshoot Day

5.1. Sole Rights: The Photographer shall be the sole professional Photographer of the day at the venue(s) specified. The Photographer will not be held liable for over exposed photos caused by flash or lighting from other cameras/video cameras.

5.2. Special Requests: If there is anything uniquely different, or any specific and distinctive request, then such request needs to be brought to the attention of the Photographer in writing one week prior to your Photoshoot date.

5.3. Requested Photographs: The Photographer will honor all photographs requested and agreed in advance, provided the following factors are met: weather and allocated time permitting, availability and co-operation of the person/s concerned.

5.4. Coverage: The Photographer will not be held responsible for the lack of coverage caused by any person not being on time, or by any obstructed view caused by the Venue, Church, Register Office, or Licensed place of Photo Session or wedding restrictions on photography. The Photographer does not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement. Where restrictions or limitations are set by any official or person possessing the correct legal authority to do so, the Photographer shall not be held responsible for non-fulfilment of this contract.

5.5. Weather Changes: Weather permitting, all photographs requested will be taken as agreed. In the event of rain or snow or any form of weather disturbance, the Photographer will make the necessary changes in the photographic session and will not be liable for the lack of coverage caused by any weather disturbance and/or responsible for any disappointment caused due to the weather.

5.6. Overtime Charged: All over time charged will be computed at a rate per hour, or as otherwise agreed between the Photographer and the Client(s). Should the Photographer feel that most moments have not been covered, the Photographer will discuss this with the Client(s) and will only stay when it has been approved by them or with their consent.

5.7. Meals: In the case of Wedding photography, the Client(s) is required to provide meals for the Photographer and one assistant (if applicable) during the time when the dinner is being served to the wedding guests. These may be served in the dining room or at another location in the reception venue. It is requested that the Photographer and assistant be seated in the dining room if at all possible so as to be able to continue photography during the meal. Further arrangements and the practicality of this arrangement will be as discussed between Clients and the Photographer, including meals suitable to their dietary requirements and allergy requirements. In the case of any other Photo Shoot Function where the photographer and their assistant will be photographing for 4 or more hours, the Client(s) shall provide the Photographer and their assistant with a meal, suitable to their dietary requirements and allergy requirements.

5.8. Accommodation: Should the venue for the function be more than 100 kilometers (1 hour’s drive) from The Photographer’s office, suitable accommodation should be provided for the Photographer and an assistant (if applicable). These accommodation charges are excluded from the quote (Unless otherwise documented) and are for the Client's account.

5.9. Travelling Expenses: Travel charges of R6.50 per kilometer from The Photographer’s office will be charged, excluding toll-gate costs. These travelling charges are excluded from the quote (Unless otherwise documented) and are for the Clients account. Any further and / or more advanced travel arrangements will be as discussed between Clients and Photographer.

6. Model Release & Photo Release

6.1. The Client(s) hereby grants to the Photographer and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Client(s) or in which the Client(s) may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same.

6.2. The Client(s) hereby releases the Photographer and its legal representatives and assigns from all claims and liability relating to such photographs. 

6.3. All clients shall sign a separate Model Release, whether adult or minor before any photo session commences. The photographer shall sign a Photo Release before any photo session commences. Terms and Conditions of the Model Release and Photo Release applies in addition to these Terms and Conditions.

7. Client Confidentiality

The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her, save as to be reasonably necessary to enable the Photographer to carry out his obligations in relation to the work.

8. Domicilium Citandi Et Executandi

The term domicilium citandi et executandi connotes the physical address for service and delivery of documents. The Parties accordingly choose as their address (domicilium) for all purposes under this Agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature (including the delivery of any complaint and/or alteration to original order), the addresses as recorded in the Quote(s) and Invoice(s). Either party may by way of notice to the other party change the physical address chosen as its domicilium citandi et executandi.

9. Creative License, Coverage and Reproduction

9.1. Photographs taken during a photo session will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.

9.2. Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer(s) will do their best to honor the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of subjects.

9.3. For a booking involving certain venues, the photographer's movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover a photo session may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case.

9.4. Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs.

9.5. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.

10. Payment Terms and Booking Fee(Deposit)

10.1. In order to secure a booking, the Client(s) shall pay a 50% non-refundable deposit.

10.2. The remainder of the outstanding balance shall be paid in full before or on the day of the Photo Session. If the remainder of the outstanding balance is not paid before the Photo Session takes place, the session will be considered cancelled by the Client(s), which shall result in The Client(s) forfeiting the Booking Fee (deposit) paid.

10.3. Payment by EFT is preferred and banking details will be provided on the Quote/Invoice.

11. Booking

11.1. The Client(s) will be required to complete a Booking Form (via email or hardcopy), pay the Booking Fee and complete the Model Release(s). 11.2. On receipt of a completed booking form, Model Release(s) and the Booking Fee, The Photographer will send an email as confirmation. The booking will then be considered Confirmed.

11.3. Once the Client has made a booking for a specific time and date and this date/time has been Confirmed by The Photographer, The Photographer will not accept any other work from other clients for those times and dates.

12. Cancellation or Postponement by the Client

12.1. When a booking is Confirmed, if it is subsequently cancelled by the Client(s), the Client(s) will forfeit their Booking Fee(deposit). 

12.2. When a Client(s) cancels photography on the day of the confirmed date, the full fee will be charged, and the Client(s) shall pay the full remainder of the outstanding balance, at the Photographer has not been able to make another booking for the date and time slot.

12.3. When a booking is confirmed, if it is subsequently postponed by the Client(s), the Photographer will charge an additional 50% fee of the agreed Photo Session amount for postponement.

12.4. In addition, the client may be charged for any expenses incurred by The Photographer as a result of cancellation or postponement.

13. Cancellation or Postponement by the Photographer

13.1. The Photographer will endeavor to put the Client(s) in touch with another photographer in the event the Photographer is unable to attend on booked date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding etc. In the event of such cancellation by The Photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid to the Photographer by the Client(s) at that time.

13.2. Should the Photographer have to Postpone the booked date, due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding etc. the Client(s) may accept of reject re-scheduling the booked date. In the event that the Client(s) accept the re-scheduled date, the Photographer does not have to pay a refund. In the event of the Client(s) reject the re-scheduled date, liability shall be limited to a full refund of any fees paid to the Photographer by the Client(s) at that time.

14. Rejection

Unless a rejection fee is agreed in advance, there is no right to reject the Images on the basis of style or composition.

15. Receipt of Goods and Courier Fees

15.1. In the event of any complaint relating to The Photographer’s service and/or materials, it is agreed that such complaints must be received in writing within 48hours of collection of the products ordered, failing which The Photographer shall be deemed not to be in breach of any of its obligations and it shall be agreed that all materials were received in a satisfactory condition.

15.2. The Photographer must be notified in writing of any alterations to orders within one working day of the order being placed. All costs incurred due to alterations to the order made by the Client(s) after this time will be for the Client(s) account and the Client(s) will be held liable therefore.

15.3. In accordance with the accepted practices of all professional photographers and photographic laboratories, the return of any technically acceptable photographs and/or prints and/or any other materials, or demands for refund, will not be entertained on principle. No exception can be made to this rule as the Photographer cannot be held responsible for individual tastes or expectations and the judgment, view, execution and layout of the Photographer will be deemed to be correct.

15.4. Photographs will be retouched or edited as natural as possible; the Photographer will not remove or add to the body, i.e. removing freckles, birth marks or blemishes; or making someone look thinner or fatter, etc.

15.5. Owing to reflectance caused by a combination of certain dyes and materials, especially synthetic fibers, it is sometimes impossible to record the exact color of a garment as seen by the human eye. the Photographer will use their skill to produce, to the best of their ability, pleasing prints and to provide a pleasing color balance based on the flesh tones of the subjects, but cannot guarantee exact color matches in certain circumstances.

15.6. Any courier fees for any products to be so delivered are excluded from the quote and are for the Client(s) account. The courier costs are payable before the products are couriered.

15.7. All additional orders, reorders and/or reproductions shall be treated as an extension of this contract and are to be placed in writing failing which no responsibility for error will be accepted.

15.8. The Photographer is able to store completed orders (such as an album design(s)) for a maximum of two months, and all other material for a maximum of 6 months, after which time any orders not approved or collected may be destroyed and seen as the end of the contract, with no further obligation to the Client. It is the Client's responsibility to ensure that proper backups are kept of the material commissioned and received.

16. Charges and Timings

16.1.The Client(s) selects a Photo Session based on time duration and quantity of retouched images or selects a package. If the client(s) change(s) the length of the agreed session or the quantity of retouched images, the Photographer will charge an additional rate based on the extra time taken and/or additional retouched images.

16.2. If the Client(s) is delayed or running late and the job runs into extra time again the fee will increase as per the agreed hourly rate. The Photographer will make the Client(s) aware of timings and should the work run into extra time he will make the client aware of this and the associated costs. There is a mutual understanding between the Client(s) and the Photographer that punctuality is important and respected by all parties.

16.3. If it becomes apparent when the job starts that it is much bigger or different job to the agreed brief it will be made clear to the Client(s) that the Photographer’s fee may increase. If the Photographer is unable to contact the client/payer of invoice at that time work will stop until contact has been made.

16.4. On the occasion that incorrect information is given by the Client(s) regarding a booking (wrong location, wrong time etc.) or the Client(s) fails to arrive at the agreed location/time, the full fee will be charged to the Client(s).

16.5. If on arrival at a booked job there is an issue (outside of the Client(s) or Photographer’s control) such as bad lighting or restrictions are in use of where the shoot is taking place, a fee may be charged to cover time.

16.6. Photo Session costs does not include traveling to locations. If a Client(s) would like a Photo Shoot at a specific location, the Client(s) shall pay R6.50 per kilometer from the Photographer's office, as well as the costs for the location(s).

16.7. Any congestion charges, road toll charges and parking costs will be billed to the Client(s) as a Photographer expense and will be added onto the invoice.

16.8. If the Photographer provides a quote to the Client(s), the fee will be charged at that agreed rate. The Photographer generally requests a brief at the time of booking (via email or verbally).

16.9. Where extra expenses or time are incurred or needed by the Photographer as a result of alterations to the original brief by the Client(s) or otherwise at their request, the Photographer will reserve the right to charge the Client(s) extra expenses and fees.

16.10. The Client(s) are responsible and liable for any damage to the Photographer's equipment by the Client(s), guests, family, staff, location staff, affiliates, etc.

16.11. In the event that a Client(s) rented a location, the Client(s) carry or liability for damage, etc. on or at location by the Client(s), guests, family, staff, affiliates, etc.

16.12. The Client(s) receive JPG. format files in digital form.

16.13. The Client(s) receive digital images only, no physical or printed images - Unless other wise quoted.

17. Force Majeure or Act of God

17.1. The due performance of a contract is subject to alteration or cancellation by either party owing to any cause beyond their control. In such an event the Photographer will not be liable to the Client(s) and/or any further person in respect of any loss and/or damage of whatsoever nature caused by, or arising from any of the following circumstances:

17.1.1. Force majeure (Acts of God).

17.1.2. The loss, damage, destruction or theft of any property on the venue.

17.1.3. Any act or circumstance, save for gross negligence by the Photographer, causing the loss, damage, destruction, theft and such other related events of photographic material (including camera equipment).

17.1.4. Loss or damage resulting from or related to the use of any equipment on the venue, including but not limited to furniture, cutlery and crockery, sound equipment and photographic equipment or technical failure thereof.

18. Limitation of Liability & Indemnity

18.1. In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.

18.2. Without detracting from the generality of the above, the Photographer warrants that s/he takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that any Materials are damaged in processing, lost through camera or other media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer, or in the event the Photographer fails to perform for any other reason beyond the Photographers control, the Photographer’s liability is limited to the return of all payments received for the event package.

18.3. The Client(s) indemnifies and holds the Photographer harmless against all liability, claims and expenses, including attorney’s fees, arising from Client(s), and/or any third parties use of the Photographer’s Material and / or any loss, damage or misuse of any Photographs supplied by the Photographer, granted that there is no fault on the part of the Photographer.

18.4. If there is any failure to capture certain images that you have requested or that were discussed at our planning meeting, such omissions shall not void the agreement nor be a breach of the agreement and will not cause any compensation to be made to the Client(s) and the Photographer shall not be liable for same.

18.5. In the unlikely event of the Photographer being unable to attend to a Photoshoot due to any cause beyond the Photographer’s control, the Photographer reserves the right to appoint another photographer to attend to a Photoshoot on their behalf to undertake the Photo Session photography to his / her best ability. If the situation should occur and a suitable replacement is not found, responsibility and liability of the Photographer is limited to the return of all payments received for the Photo Session and/or event package.

18.6. Re-shoots may be arranged if practicable but the Photographer will not be responsible for any further costs ancillary hereto.

19. Breach

19.1 The Client(s) agree and acknowledge that in the event of them breaching any condition contained in this document, then the Photographer shall without prejudice to any other remedies which the Photographer may have in law, be entitled to summarily cancel this contract with the Client(s) without notice to the Client and to re-possess those Materials already delivered to the Client(s); or to claim specific performance of all of the Client’s obligations whether or not such obligations would otherwise have fallen due for performance.

19.2 Furthermore, In the event of the Client(s) breaching any condition contained in this document, the Client(s) consents to the payment of all legal costs, including the payment of collection commission and tracing agent’s fees, should the Photographer have to institute legal action against him/her, on the scale as between attorney and client.

 20. General

20.1. The headings of the clauses in this Agreement are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the terms of this Agreement nor any clause hereof.

20.2. The parties agree that all goods, services and materials rendered in terms of this Contract, including any reorders, reproductions, overtime charged, additional albums ordered and/or where extra expenses or time has been incurred by the Photographer, or any other incidental costs incurred herein as a result of alterations to the original order by the Client(s), is to be regarded as an extension of this Contract, incorporating these same terms and conditions, therefore not being severable from the contract herein, and shall further become due and payable in terms hereof.

20.3. No allocation of payments can be made to certain products and or services and no part payment and / or set off is permitted herein.

20.4. No relaxation or indulgence granted to the Client(s) by the Photographer, at any time, shall be deemed to be a waiver of any of the Photographer’s rights in terms hereof, and such relaxation or indulgence shall not be deemed as a novation of any of the terms and conditions set out herein, or create any estoppels against the Photographer.

20.5. A certificate under the hand of any authorized person of the Photographer as to the existence and the amount of the Client’s indebtedness to the Photographer shall be sufficient and satisfactory proof of the correctness thereof for the purpose of summary judgment or any other proceedings against the Client in arbitration and / or mediation.

21. Governing Law

This agreement and its termination shall be governed by and construed in accordance with the laws of the Republic of South Africa. Both the Photographer and the Client(s) agree that all legal action based on any claim arising under or out of this agreement must be determined in accordance with South African Law and filed and prosecuted in a court of competent jurisdiction located in the Republic of South Africa and each of them hereby consents and irrevocably submits to the jurisdiction of such court in respect of all legal action or proceedings arising out of or in connection with this agreement, its implementation, interpretation and/or termination.

22. Jurisdiction Of Magistrate's Court

The Client(s) hereby consents to the jurisdiction of the Magistrate’s Court in respect of any action or proceedings which may be brought against him/her by the Photographer in connection with this Contract, notwithstanding that such action or proceedings would otherwise be beyond such jurisdiction without prejudice to the Photographer’s right to institute action in the Supreme Court having jurisdiction.

23. Digital Negative Files

All digital negatives (computer files) remain the property of the photographer and the Client(s) do not receive these files.

24. Archiving of Images

All final images will be stored and archived by the Photographer for 1 year. If archived photographs are required before of after that time, or additional storage time is required, an admin. fee will be charged. If the Photographer loses images stored in archive or they are stolen, the Photographer shall not be held liable and no refunds shall be paid, as the Client(s) received the product they paid for.

25. Variation

No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.

Terms & Conditions - Digital Images

Use of Service

The buyer only buys a license to print an image or educational content for non-commercial use (personal home use).

All PDF files have PDF stamping enabled. A PDF stamp is a security measure that has proven to be a successful method against piracy. It discourages buyers from sharing our products elsewhere online because the buyer's credentials will be available for everyone to see. It literally stamps the buyer's email address at the bottom of every single page of the document.

Bosch Studio license does NOT permit:

a. Sale or distribution of Content as digital Content, digital wallpapers (such as on stock media websites), or any other digital format;

b. Sale or distribution of Content e.g. as a posters, digital prints, books, or any physical products, or any other printed format;

c. Depiction of identifiable persons in an offensive, pornographic, obscene, immoral, defamatory or libelous way; or

d. Any suggestion that there is an endorsement of products and services by depicted persons, brands, vocalists and organizations;

e. The use of any images or educational content in any digital format, including wallpapers, emails, websites, e-books, training material, etc.

Copyright & Ownership

Copyright and ownership of any digital content remains with Bosch Studio. The buyer does not buy any rights to the digital content purchased.

Indemnification for breach of Terms

You agree to indemnify and hold harmless Bosch Studio from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless Bosch Studio from and against any and all claims brought by third parties arising out of your use of the digital images.

Breach of Terms of Use

Violation of any of the above terms of use will result in a penalty of R90 000.00. Bosch Studio shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. If Bosch Studio is required to enforce its rights hereunder in a court of competent jurisdiction, Buyer agrees to reimburse Bosch Studio all costs and expenses of such litigation, including; but not limited to; reasonable attorneys' fees and court costs.

Terms & Conditions - Gift Cards

1. These terms and conditions (together with any relevant and referenced documents, including the Website terms of use) set out the terms relating to the redemption of Promotional Gift Card. These terms and conditions (together with any relevant and referenced documents, including the Website terms of use) set out the terms relating to the redemption of Gift Card. The details of the promotional discount will be set out in the description of the specific promotion and the specific terms and conditions for the Gift Card. Please note that our standard terms and conditions of sale apply in respect of any orders placed using Gift Card and the Website terms of use for using our site also apply.

2. This electronic Gift Card can be redeemed at Bosch Studio for Photoshoots or digital content sold on the website of Bosch Studio: www.bosch-studio.com. No other service or product, may be purchased with this Gift Card.

3. It is valid for 36 (thirty six) months from date of issue and must be utilized within this period.

4. If the full value of your electronic gift card is not utilized on your first purchase, the balance will remain on your electronic gift card.

5. In the event electronic gift card is deleted or the customer’s cell phone is lost and/or stolen with the electronic gift card, neither Bosch Studio nor any of its agents will be liable for any reimbursement of any nature, whatsoever.

6. For a balance enquiry, contact Bosch Studio via email: [email protected], please provide your Gift Card code.

7. The usage of the electronic gift card is solely at the risk and discretion of the customer.

8. Bosch Studio will not be held responsible for any cellular network service operator's delay in forwarding an electronic gift card to the customer.

9. If the total value of your purchase exceeds the value of the Gift Card used, the balance is required to be paid by paying via EFT or Cash.

10. The Gift Card may not be used for any illegal transactions. It is your responsibility to determine whether a transaction is legal or not.

11. Misuse of the Gift Card may constitute fraud and may lead to prosecution.

12. This Gift Card may not be refunded or exchanged for cash or credit.

13. Purchase authorization will be declined if these terms and conditions are breached.

14. The amount registered on the cardholder’s Gift Card will not accrue any interest.

15. This Gift Card may not be used in conjunction with other specials or discounts.

16. To the extent that there is any conflict or inconsistency between these terms and conditions and the Privacy Policy, the following order of precedence will apply:

• Product terms and conditions of sale

• Promotional Discount Gift Voucher terms and conditions;

• Website terms of use;

• Privacy Policy.

17. We recommend that you print a copy of these terms and conditions for your future reference.

18. Exchange and/or return of merchandise purchased in whole or in part with the Gift Card, will be governed by the Terms & Conditions of Bosch Studio and the applicable law. At the time of any exchange or return, you must present both the merchandise receipt and the electronic Gift Card.

19. South African Law governs these terms and conditions.

Terms & Conditions - Discount Gift Vouchers

1. Using Your Discount Gift Voucher

1.1 These terms and conditions (together with any relevant and referenced documents, including the Website terms of use) set out the terms relating to the redemption of Promotional Discount Voucher. The details of the promotional discount will be set out in the description of the specific promotion and the specific terms and conditions for the Discount Gift Voucher. Please note that our standard terms and conditions of sale apply in respect of any orders placed using Discount Gift Voucher and the Website terms of use for using our site also apply.

1.2 By confirming your order using the Discount Gift Voucher, you are accepting these terms and conditions. Any terms which you seek to impose in respect to the order for Discount through this site will not form part of any contract between us. Please read these terms and conditions carefully before confirming your order. If you have any queries on these terms, please contact us before ordering using a Discount Gift Voucher.

1.3 To the extent that there is any conflict or inconsistency between these terms and conditions and the Privacy Policy, the following order of precedence will apply:

• Product terms and conditions of sale

• Promotional Discount Gift Voucher terms and conditions;

• Website terms of use;

• Privacy Policy.

1.4 We recommend that you print a copy of these terms and conditions for your future reference.

2. Terms Relating To The Redemption Discount Gift Voucher

2.1 How to Redeem Discount Gift Voucher - You must enter the code shown on the Discount Gift Voucher when placing your order online during checkout.

2.2 Only one Discount Voucher can be used per order of Product, unless stated otherwise on the Discount Gift Voucher.

2.3 You cannot use a Discount Gift Voucher in conjunction with any other sales discounts or promotional offers, unless the specific terms relating to the Promotional Discount Codes state that you can combine the Promotional Discount code with other offers.

2.4 Discount Gift Vouchers can only be used ONCE per customer unless clearly stated.

2.4.1 Discount Gift Vouchers are NOT applicable to subscription products or reoccurring billing products.

2.5 The Discount Gift Voucher will expire on the date specified in the specific terms relating to the Discount Gift Voucher, or before subject to availability of which we will notify you via the website. You cannot use the Promotional Discount Gift Voucher after this date.

2.6 Discount Gift Vouchers have no cash redemption value.

2.7 Our standard terms and conditions of sale apply in respect of any orders placed using Discount Gift Vouchers and the Website terms of use for using our site also apply.

2.8 We reserve the right to vary or discontinue the Discount Gift Voucher scheme at any time.

3. Our Right To Vary These Terms And Conditions

3.1 We have the right to revise and amend these terms and conditions of sale to reflect changes affecting our business, changes in technology, changes in payment methods, changes in relevant laws, and regulatory requirements and changes in our site's capabilities.

3.2 You will be subject to the policies and terms and conditions of sale at the time that you use your Discount Gift Voucher, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).

4. Law And Jurisdiction

These terms and conditions will be governed by South African law.