Terms & Conditions
Welcome to www.babesandkids.co.za. Please take a moment to read these terms and conditions to understand how they apply to your use of our website and any products or services that you may order online. If you have any questions regarding our website, products or services, please contact us at firstname.lastname@example.org
1. GENERAL TERMS AND CONDITIONS
1. Terms and conditions
These Terms apply to your use of this website. By using this website, you acknowledge that you have read and understood these terms and agree to be bound by them. They represent our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law. Please do not use our website if you do not agree to be bound by these terms. Online purchases from our website are subject to these terms.
1.2 Amended or updated terms
Babes and Kids may periodically update or change this agreement or any part thereof at any time without notice. You should check them from time to time, as your continued use of our website will mean you accept any updated or revised terms.
2. Law & arbitration
This agreement is governed by the laws of the Republic of South Africa. Any dispute arising in relation to our agreement with you shall, to the extent permitted by law, be referred to arbitration in Cape Town at a venue to be determined by us applying the Uniform Rules of the High Court of South Africa.
3. Use of our website
3.1. You are welcome to browse or use our website for your own personal, commercial shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of this website, the uploading of any unlawful or damaging information or viral software, or the creation of any links to our website from any other site whatsoever, is strictly prohibited. You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our website and/or its contents contrary to these terms.
3.3. We reserve the right to suspend our website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these terms or if we believe the information provided by you is untrue, inaccurate or incomplete.
3.4. Any indulgence of extension of time granted to you shall not be construed as a waiver or variation of any of our rights or remedies in these terms or law.
5. Use of our website outside South Africa
Customers who are not residents of South Africa are welcome to browse our website in accordance with these terms, however we regret that we do not accept any foreign forms of payment at this time. Only customers with credit / debit cards issued and honoured by South African banks may purchase items on this website. We will only deliver to shipping / billing addresses within South Africa.
6.1 We will not disclose, sell or rent your personal information to third parties without your consent unless we are compelled to do so by law. We may do so if you have granted consent thereto.
6.2 Whilst all reasonable efforts are taken to ensure that your personal information and/or credit card details are protected as they travel over the internet, we cannot guarantee the absolute security of any information you exchange with us.
7. Accuracy of website content
7.1 All reasonable steps are taken to ensure that the information on our website is accurate and up-to-date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current.
7.2 Any comments uploaded by our users or any authorised experts invited as our guests are their opinions alone and do not in any way represent our views, opinions, beliefs or values.
8. Your comments
8.1 We value your comments, ideas, suggestions and feedback via our website. We will not respond to, maintain or compensate you in any way whatsoever for your comments. Once received, your comments will become our property and we will not be limited in any way in the use, commercial or otherwise, of any of your comments.
8.2 You warrant that your comments do not and will not violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any comments that are or contain any defamatory, unlawful, abusive or obscene material. We disclaim any liability towards any third party regarding your comments and you shall remain accountable towards any third party regarding any harm caused by your comments.
9. Intellectual Property
9.1. All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this website are owned by or licensed to us. All data and information communicated to or from the website including its database also belongs solely to us or our licensors. You agree to sign all documents as we may reasonably require in order to assign any rights that you may acquire in the content of our website.
9.2. You agree also to waive any moral rights in such content. You are permitted to view, print or store electronically a copy of any information on our website, including these terms, solely for your personal, lawful, non-commercial use. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.
10. Use of our logos, content and images
You are not permitted to use the content of our website, our logos or any product or other images that appear on our website without our prior written consent. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of our or our licensors’ intellectual property rights.
11. Advertising and hyperlinks
11.1 External hyperlinks may appear on our website. The hyperlinks may not be construed to constitute any relationship between us and any linked third party or any endorsement by us of such third party, and use of or reliance on any external links provided is at your own risk.
11.2 Advertising and other promotional material of third parties may appear on our website from time to time. We do not endorse such third parties or their products and/or services. Your reliance on any information contained in such material is entirely at your own risk.
12. Disclaimers and Exclusions of Liability
12.1 Use of our website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the website will be uninterrupted or error free, or that the website or the server that makes it available are free from viruses or other harmful components.
12.2 We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our website or the purchase of any of our products or services.
12.3 You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website and/or your purchase of any products or services.
12.4 Notwithstanding any other provisions contained herein, our liability arising from any breach of these terms, negligence or otherwise shall not at any time exceed more than double the monetary value of any order placed via this website.
13. ONLINE SHOPPING TERMS
These online shopping terms and conditions apply to all purchases ordered online at www.babesandkids.co.za. Please read them carefully and print a copy for future reference. Use of our online shopping website constitute your acceptance and agreement to be bound by the terms of our website, including the additional online shopping terms below.
14. Online Registration
To register you will be required to provide certain information including personal details and your delivery address. When registering you will be required to choose a username and a password. Please keep your password private. Babes and Kids accepts no liability for any damages suffered or losses incurred from the use or misuse of your password. To amend any registration particulars please click on “My Account” and edit your details.
15. Product Sales and Availability
All products displayed on our website are subject to availability and will be delivered only within the Republic of South Africa. All prices shown on our website are quoted in South African Rands and are valid and effective only in the Republic of South Africa. We reserve the right to discontinue or change the specifications of our products and services from time to time without notice. We will inform you as soon as possible if any products or services ordered by you are not available.
16.1 We have made every effort to display as accurately as possible the colours of the products that appear on our website. However, as the actual colours you see will depend on the device that you use to access our website, we cannot warrant that your device’s display of any colour will be accurate.
16.2 From time to time thread colours used in embroidery may differ depending on supplier availability.
17. Content Errors
We regret that no order will be accepted if we identify a material error in the description of any of our goods or their prices on our website. Packaging may vary from that shown on our website.
18. Pricing Policy
Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations. A delivery fee will be charged for each order placed by you. Please visit Frequently Asked Questions (FAQs) to view the delivery fee applicable.
19. Returns Policy
19.1. If, for any reason, you are not satisfied with your order, you have 14 days from the date that you purchased it to return it to Babes and Kids for a full refund, provided that it is unused, in its original packaging and in a sale-able condition. Simply enclose the original invoice (make sure to keep a copy) and return your order by insured post to Babes & Kids.
19.2. All items returned will be inspected prior to any refund. We only accept used goods for return if there is a manufacturing defect. If the product/s have been misused in any manner by you the customer, you will have the option to have it repaired at your expense. Failing to adhere to the product/s washing care instructions is a form of misuse. If there is a manufacturing defect Babes and Kids will refund the cost of return shipping.
19.3. We ask that you would email us at email@example.com in advance before returning any items. Unfortunately original shipping charges are non-refundable and the cost of return shipping is not covered
19.4. In cases of unavailability, Babes & Kids will make the product available or refund the customer in full in 30 days. Please contact us if you have any questions or concerns
19.5 By using our site, you agree to the terms of the above returns policy.
20. Methods of Payment
20.1.We use PayFast as our secure online payment gateway. By submitting your order and payment card details you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
20.2. We also accept EFT payments. Please note we do not accept cash deposits - any bank charges related to bank deposits will be liable for payment.
21. Stock Availability
Babes and Kids cannot always guarantee the availability of stock. If an item is ordered that is out of stock the customer will be notified via email, and the products in question will be made up especially for the order. This process will add at least an additional 5 working days to the estimated 3-5 working day delivery period. If we are unable to supply each and every item ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items correctly delivered. In cases where discontinued items have been ordered, the customer will be refunded in full.
22. Confirmation of Orders
Orders placed online constitute your offer to purchase subject to these terms. Your offer is deemed to have been accepted by us when you receive our confirmation of your order. Failure by us to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.
23. Delivery Policy
23.1 Babes & Kids delivers from Monday to Friday during normal working hours. Babes and Kids does not deliver on public holidays or weekends. Deliveries usually take place with 3-5 working days after the funds have cleared in our account, depending on your location.
23.2. On delivery of the order to the specified delivery address, you will receive our delivery note showing the items delivered, any substitute items, any non-available items, the delivery fees, and the amount debited from your payment card. For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf. Should no one be in attendance at the time of delivery, the driver will keep the products and leave a notice at the delivery address to this effect. The driver will attempt to contact you to make new arrangements for delivery or collection. We reserve the right to charge an additional delivery fee should it be required in the circumstances. Our liability for failing to deliver the products timeously is limited to delivery being effected at a later agreed time at no additional charge. Please arrange that you or your authorised representative is available to accept your purchases at the delivery address and that appropriate access will be made available. On delivery, we will require you or your authorised representative to present a form of identification and sign and print your or their name on a duplicate copy of the delivery note, to confirm receipt.
23.3. We have outsourced all delivery and collection arrangements to uAfrica and their preferred suppliers as well and The Courier Guy. Accordingly, we cannot, to the extent permitted by law, be liable for any damage suffered or loss incurred by reason of any acts or omissions of the deliverer, its directors, employees, sub-contractors, agents, representatives and/or affiliates. Subject to availability and receipt of payment, requests will be processed within 2 working days and order completion confirmed by way of email.
24. Delivery Times
Our delivery times are within 3 – 5 working days for main city centres and within 7 working days for outlying areas. Babes and Kids aims to deliver on time as promised, however for reasons beyond our control we are unable to guarantee that all orders will be delivered within the stipulated time frame. If a customer places two orders within 3-5 working days of each other, the orders will be packed collectively and sent together as one shipment once both orders are complete.
25. Delivery Options
25.1 National Delivery – We make use of a 48-72 hour door-to-door delivery courier service. Our courier company delivers during the week within normal working hours. Please provide a work or home address where there will be someone available to accept the goods on your behalf should you not be available. All orders over R800 qualify for free delivery, please see the delivery fee calculated at checkout if your order is below R900. Applicable to most areas within South Africa.
25.2. Post Office – For customers who are situated in rural or outlying areas the South African Post Office may be used to deliver your order, as most courier companies do not service such areas regularly. See the “Outlying Areas” section below for more info.
25.3 Main Centres
Bloemfontein, Cape Town, Durban, Johannesburg, George, Pretoria, Port Elizabeth, East London, Pietermaritzburg, Nelspruit, Polokwane and Kimberley can expect delivery within 5 working days.
25.4 Outlying Areas
Expect delivery within 7 working days. Note: a day refers to a normal business day and would exclude Saturday/Sunday and public holidays.
25.5 When do we start counting days?
It depends on your payment method: EFT and Credit / Debit Card payments – The next working day after payment has been received.
26. Confirmation email
26.1. As soon as your order is dispatched from our warehouse, you will be sent an email to confirm that your package is on its way. If we are unable to meet the estimated delivery date we shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. If you are unavailable to take delivery or collection, the courier company will contact you to make the necessary arrangements.
26.2. Any delivery is subject to acts which is beyond the control of Babes and Kids due to force majeure including (but not limited to) inability to secure labour, power, internet services, GSM network connectivity, materials or supplies, or by any act of God, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation.
27. Tracking and Delivery
27.1. To follow/track your order, please follow the link provided in your shipping confirmation email. Upon delivery of the product, before signing for the delivery, you agree to inspect the product for any faults, defects or damage. As a precaution, please keep the receipt of the delivered product.
27.2 In the rare circumstance that your item has a defect or is missing from your order please contact us via email at firstname.lastname@example.org.
If for any reason you would like to cancel an order this may be done by visiting “View Order” on our website. You will only be able to cancel orders up to 1 day prior to the date of delivery. We reserve the right to debit your payment card for the delivery fees in respect of any late cancellations. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay to the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach any of the terms.
29. Risk and Ownership
Risk in the products shall pass to you or your authorised representative on delivery. We will retain ownership of the products until payment has been received in full.
30.Safety and Quality Standards
30.1 Babes & Kids shall take all reasonable efforts to ensure that goods sold on the website are:
- Reasonably suitable for the purposes for which they are generally intended;
- of good quality, in good working order and free of any defects;
- useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply; and
- compliant with any applicable standards set under the Standards Act, 1993 (Act No. 29 of 1993), or any other public regulation.
30.2 If any goods sold by Babes & Kids do not comply with any of the requirements and/or standards set out under our Safety and Quality standards (subject to clause 30.5), the User may, for a period of 6 (six) months after the delivery of any such goods, return the goods to Babes & Kids, without penalty and at Babes & Kids’ own risk and expense. This is subject to points listed below.
30.3 Upon the return of any goods by the User in terms of clause 19 Babes & Kids shall, at the direction of the User, either repair or replace the failed, unsafe or defective goods, or refund the price paid by the User for the goods.
30.4 If goods are repaired by or on behalf of Babes & Kids and, within (3) three months after that repair, the failure, defect or unsafe feature has not been remedied; or a further failure, defect or unsafe feature is discovered in the goods, or any component thereof, Babes & Kids must replace the goods or refund the price paid for the goods to the User.
30.5 Babes & Kids shall not be liable to the User in terms of clauses 30.2 and 30.4 if:
- the goods were altered by or on behalf of the User contrary to instructions given by Babes & Kids and/or the manufacturer of the relevant goods;
- the goods comply with a public regulation;
- the unsafe product characteristic, failure, defect or hazard did not exist in the goods at the time they were supplied to the User;
- the User did not comply fully with instructions given to him or her for the use or consumption of the relevant goods;
- it would be unreasonable to expect Babes & Kids to have discovered the unsafe product characteristic, failure, defect or hazard, having regard to its role in marketing such goods to Users.
30.6 Where Babes and Kids has expressly informed Users that particular goods advertised on the website for sale are in a specific condition and a User has agreed to purchase the goods in that condition, or the User has knowingly acted in a manner consistent with accepting the goods in that condition, then Babes and Kids will not be held liable for any defects or shortcomings in such goods which are normally associated with the specific condition that the goods were sold in.
Babes & Kids shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569
32. Payment options accepted
Payment may be made via Payfast or by EFT into the Babes & Kids bank account, the details of which will be provided on request.
33. Use of Discount Codes
All codes are applied to the value of the order, excluding delivery costs and are subject to our general Terms and Conditions. The offer code must be entered in to the voucher code field during checkout and applied in order for the discount to be deducted from the order, within the specified time period. Discount codes cannot be used retroactively. Unless stated discounts cannot be combined and only one offer can be applied to any order. Discount codes are at the sole discretion of Babes & Kids. No cash refunds can be given for discount codes. Offers can be amended or withdrawn at any time.
34. Credit card acquiring and security
Credit card transactions will be acquired for Babes & Kids via PayFast who are the approved payment gateway. Users may go to www.payfast.co.za to view their security certificate and security policy.
35. Customer details separate from card details
Customer details will be stored by Babes & Kids separately from card details which are entered by the client on PayFast’s secure site. For more detail on PayFast refer to www.payfast.co.za
36. Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
36.1 Babes & Kids takes responsibility for the sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods. We do not take responsibility for payments processed by Payfast and credit card details used during this method.
Babes & Kids takes no responsibility for the use of our products.
38. Country of domicile
This website is governed by the laws of South Africa and Babes & Kids chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, Babes and Kids Cape Town, 7945.
39. Babes and Kids contact details
Email : email@example.com
Tel : (+27) 82 081 9245