Terms and Conditions
Introduction
www.thebabyshoppe.co.za ("the site") enables buyers to shop for items by selected local and international brands ("the products") online. All visitors to the site ("users" or "you") will be able to see the products on offer, but only those who have registered for an account on The Baby Shoppe ("The Baby Shoppe account holders” or “you”) are able to order.
Legally binding contract
All users and account holders, including those that order from the site ("buyers") are bound by these terms and conditions ("Ts & Cs"). By registering, or using the site at all, you recognise that you've read and accepted these terms and conditions.
With whom are you entering into a contract?
The site is owned and run by The Baby Shoppe, a company incorporated in the Republic of South Africa (herein after referred to as “The Baby Shoppe”). More information about The Baby Shoppe is available at the end of these terms and conditions.
Products and availability
Please note that the stock of all items on offer is limited. The Baby Shoppe will make all reasonable attempts to ensure that special offers are brought to an end when stock runs out. If it happens that The Baby Shoppe is unable to fulfill any order at the advertised price because stock is sold out, The Baby Shoppe will let you know.
Order & Payment Procedure
- Register as a customer.
- Select your products by adding it to the cart.
- Proceed to checkout.
- Within 24 hours we will send you a proforma invoice which will include delivery charges.
- Once you've accepted the Proforma Invoice and paid via EFT we will arrange delivery.
We do not have Credit Card facilities available on our website
We at the Baby Shoppe take the utmost care in making sure our products, its description and relevant pictures are up to date with what is in store/stock at present.
In no way will The Baby Shoppe Online try to deceive their shoppers with misleading information. For this reason we ask that the shopper make the necessary checks prior to completion of order as The Baby Shoppe will not be held liable for loss arising from the use of "ordered only according to picture".
We have a dedicated team waiting to answer your questions, so please do make use of our services.
Occasions where pictures may vary from the actual product would include and not limited to
1. no alternate images available at the time adding the item to the site.
2. importers, agents, distributors and/or manufacturers have changed designs with out proper notification to its stake holders.
3. Colour changes from the manufacturing side have not yet been sent through with or with out the relevant pictures.
Cancelling and ending orders
The Baby Shoppe reserves the right, in the interest of preventing fraud, to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you. The Baby Shoppe will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order. You have the right to return item(s) purchased.
What you pay for
The price of each product is given in the product information. In case of a sale or special offer, the discount price is shown.
Delivery fees
The Baby Shoppe will inform you of the delivery fees once the order has been recieved.
Errors
The Baby Shoppe makes every reasonable attempt to display purchase prices and delivery costs accurately. If, however, the product is offered at an erroneous price (or an incorrect delivery cost is displayed), The Baby Shoppe will not be obliged to supply products at the incorrect price/delivery fee. The Baby Shoppe will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct price/delivery fee.
Paying by credit card
We accept payments made by Visa and MasterCard credit and debit cards (in The Baby Shoppe's shop, currently not offered online), as well as EFT.
Paying by EFT
In the EFT process, be sure to use your order number as payment references. Note you have 24 hours to pay once you've placed an order. We'll start processing the order once your bank forwards your payment to us, but depending on the bank it can take up to 3 days.
Delivery
Place of delivery
The Baby Shoppe delivers within business hours in the Republic of South Africa. As buyer, you indicate where in South Africa you require delivery, as well as contact numbers to be used in connection with delivery. Your parcel will be delivered to the address you specify in the checkout process.
Delivery time and delays
Unless we inform you otherwise, before you place your order and before the final confirmation, the estimated maximum delivery time for an order in South Africa is 6 working days. Deliveries are made to street addresses or to your nearest post office, therefore no deliveries to PO Box addresses. All The Baby Shoppe deliveries take place during business hours i.e. there are no deliveries over weekends or on public holidays. Please take this into consideration when selecting your delivery address.
Delivery completed
A delivery is considered complete as soon as the parcel is handed to an individual at your specified delivery address, or you are notified that the parcel is waiting for you at the post office. This also applies when the package has been handed over by the courier, as indicated in the courier's tracking system. It is your responsibility, as buyer, to ensure that you or the intended receiver of the gift (when applicable) inspect(s) the parcel on arrival and makes known any justifiable complaints. The receiver has the right to refuse the parcel if it appears to have been opened or if it has clearly been damaged. Such complaints and claims must be brought to the attention of The Baby Shoppe.
Defective items, returns and reimbursement
- No cash refunds
- No exchanges without a receipt.
- No echanges without all tags in place.
- No vouchers on sale items.
- Goods remain the property of The Baby Shoppe until fully paid.
Returns
Our policy lasts 7 days. If 7 days have gone by since your purchase, unfortunately we can't offer you a refund or exchange. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases. Additional non-returnable items:
To complete your return, we require a receipt or proof of purchase.
Please do not send your purchase back to the manufacturer.
There are certain situations where only partial refunds are granted (if applicable)
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds (if applicable)
If you haven't received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you've done all of this and you still have not received your refund yet, please contact us at info@thebabyshoppe.co.za .
Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at info@thebabyshoppe.co.za
and send your item to: The Baby shoppe, shop7 66 central avenue Flamwood, Klerksdorp
Gifts
If the item was marked as a gift when purchased and shipped directly to you, you'll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
If the item wasn't marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.
Shipping
To return your product, you should mail your product to: The Baby shoppe, shop7 66 central avenue Flamwood, Klerksdorp .
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over R999.00, you should consider using a trackable shipping service or purchasing shipping insurance. We don't guarantee that we will receive your returned item.
Discount Vouchers and Coupons
The Baby Shoppe may release printed or digital discount vouchers/coupons [hereafter referred to as vouchers] from time to time. Such vouchers may be available through the website and/or from third-party websites, in magazines and other media.
General
Vouchers can be used for discounts on the site only as long as the voucher is valid. Given expiry dates cannot be moved.
Promotional vouchers
Promotional vouchers are issued at The Baby Shoppe's discretion. Users don't have the right to promotional vouchers and can't earn them. Promotional vouchers are issued with specific terms and conditions that regulate how and when they can be used. In general, unless otherwise specified on the voucher itself: a voucher is only valid for 30 days from date of issue. A voucher can only be used against a purchase on the site when the purchase meets the terms and conditions as specified on the voucher.
A voucher can only be used once and only one voucher can be used per shopping basket. Vouchers are not transferrable and cannot be exchanged for cash. The discount value of the voucher will be deducted from the total amount in your shopping cart. The remaining balance, if any, must be paid by you.
If you want to return an item bought with the use of a voucher
If you have redeemed a voucher or discount voucher against a purchase, and you'd like to return all items purchased, The Baby Shoppe will refund you or credit your account with the rand value of the purchase and re-issue the voucher or discount voucher, with the same associated terms and conditions.
If you have used a voucher or discount voucher against a purchase and then return some of the items purchased, The Baby Shoppe will recalculate the total value of your purchase AFTER the returned item(s) has/have been deducted. If the recalculated purchase value no longer meets the terms and conditions associated with the voucher, The Baby Shoppe reserves the right to deduct the value of the voucher off the refund for the returns, or, should you have credit in your The Baby Shoppe account, to debit the value of the voucher off your account balance.
Promotion vouchers cannot:
- Be used to buy other vouchers
- Be exchanged for cash
- Be transferred to anyone else
- Be used after the expiry date which is 30 days from date of issue
- Be used together with any other promotion, including against sales/ clearance items that have already been discounted or are on special offer
Security
Anyone downloading or trying to download malware or damaging coding on this site, or who tries to gain unauthorised access to any page on this site, will be prosecuted. The Baby Shoppe will claim civil damages from such person if The Baby Shoppe suffers any damage or loss.
You agree and guarantee that the username and password you use to log in is for your personal use only, and will not be passed on to any third party. You allow The Baby Shoppe to take all steps reasonably possible to ensure the integrity and security of the site and in the administrative office.
The Baby Shoppe has no access to any confidential information regarding your payment method. Only The Baby Shoppe's banking partner will access confidential information (such as your credit card number, expiry date, CVV etc.) from time to time.
Indemnity
The Baby Shoppe is responsible for adhering to the Consumer Protection Act 68 of 2008 ("CPA") with the sale of any products from the site. Similarly, The Baby Shoppe is responsible for adhering to articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security.
However, neither The Baby Shoppe nor any of its representatives will be held responsible for any loss or accountability of any kind that arises from the use of (or inability to use) this site, its services or content. Furthermore, The Baby Shoppe provides no guarantee, implied or otherwise, that the content or technology attached to this website is free or errors or omissions. Nor is there any guarantee whatsoever that service will be 100% uninterrupted or faultless. We encourage you to report any possible malfunctions and errors by emailing info@thebabyshoppe.co.za
Although the products on the site may be under guarantee, the site itself is offered on an "as it is" basis and is not set up or delivered according to your individual specifications. It is your responsibility, before accepting these Ts & Cs, to determine whether the service available through this website satisfies your individual needs and is compatible with your hardware or software. Information, ideas and opinions expressed on this web site should not be regarded as professional advice, or as The Baby Shoppe's official stance. We encourage you to obtain professional advice before taking any action on the strength of information, ideas or opinions expressed on this site.
Applicable Laws
This site is offered, controlled and run from the Republic of South Africa. As such it is governed by South African legislation, and subject to the disputes clause in these Ts & Cs. You and The Baby Shoppe are subject to the non-exclusive jurisdiction of the South African courts. Each and every section of these terms and conditions must be read as individual and separable from the rest of the terms and conditions. Should any court or qualified authority find that any of the terms are invalid or unenforceable, the remainder of the terms and conditions will remain standing, despite invalidity or unenforceability of an individual term.
Privacy
The Baby Shoppe has to take all reasonable steps to protect your personal information. For the ends of this clause, ""personal information"" is defined according to the details in the Promotion of Access to Information Act, number 2 of 2000 (PAIA).
The Baby Shoppe is authorised to gather, store and use the following of your information:
Name and surname
Date of birth
Gender
Citizenship
Nearest city
Non-personal click patterns
Email address
IP address, and
ID or passport number
The Baby Shoppe is entitled to gather, store and use the above information for the following purposes:
- To greet you when you access the site
- To inform you (if you have agreed to this) of facts regarding your access and use of the site
- To inform you (if you have agreed to this) of competitions and promotions offered by The Baby Shoppe or its partners
- To set up non-personal statistics about internet habits, click patterns and access to the site
- To verify your identity when you make a transaction through The Baby Shoppe.co.za
- To ensure the products are received by the addressee
- For remarketing purposes
- The above information is either gathered electronically through the use of ""cookies"", or provided by you voluntarily. You can regulate the use of ""cookies"" independently with your personal search engine settings
- You can choose to not receive any direct marketing information from The Baby Shoppe and its partners
The Baby Shoppe is entitled to gather, store, compile and share any information gleaned from you, subject to the following conditions: The Baby Shoppe may not make any of your personal details public unless you have agreed to it, or unless it is required for the purposes of any judicial process.
The Baby Shoppe may compile, use and share any information that has no bearing on any particular individual, and The Baby Shoppe owns and reserves the right to non-personal statistical information gathered and complied by The Baby Shoppe. You acknowledge and agree that certain personal information (such as your full name, delivery address, email address and contact details) may be passed on to the courier company to ensure delivery of the products you have bought."
Changes to terms and conditions
The Baby Shoppe may, at its own discretion, change these terms and conditions or any part thereof. If you are a registered account holder, The Baby Shoppe will inform you of changes by email (to the address you use on registration). At such point, it will be your responsibility to read through the revised terms and conditions to ensure you're satisfied. If you're dissatisfied, you have the right to terminate your registration on The Baby Shoppe.
If you are NOT a registered user, The Baby Shoppe will be unable to let you know of changes to these terms and conditions. It will be your own responsibility to visit the website to check whether the terms and conditions have changed, and to make sure you're satisfied with the changes. If you're dissatisfied with any changes, you should not use the site in any way.
Terms and discontinuation
These terms and conditions take effect on the date of first publication of the website and continue indeterminately. They may be revised by The Baby Shoppe from time to time (as described above), for as long as the website continues to exist and be operated. The Baby Shoppe is entitled to terminate these terms and conditions or close down the website at any time, subject to processing any pending purchases.
If you don't meet your obligations regarding these terms and conditions, including any incidents about payment and price or an order, and you neglect to rectify such non-adherence within 5 working days after The Baby Shoppe has instructed you to do so, your access to the service will be blocked. We have the right to close your account and deny you access to the site, depending on the severity of your actions. Such action on the part of The Baby Shoppe will not have any negative effect on any damages The Baby Shoppemay claim.
Copyright and other intellectual property
Any and all copyright relating to the website, including these terms and conditions, is held by The Baby Shoppe. All rights not expressly given are reserved. You may download, view and print content from this site only for private and non-commercial ends. We advise you to inform The Baby Shoppe of any offensive or illegal material.
All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of or under licence of The Baby Shoppe. As such they are protected by local and international legislation and agreements.