BABARAZZI WEBSITE TERMS AND CONDITIONS OF USE

Please review these terms and conditions carefully.

1. INTRODUCTION AND AGREEMENT

This website (“Website”) is owned by Babarazzi- Superstar Baby Gear Online (Pty) Limited (registration number: 2011/121332/07), (hereinafter referred to as “Babarazzi” / “Company” / “us” / “we” / “our” / “Provider”), a private company with limited liability duly incorporated in accordance with the laws of the Republic of South Africa. The Website promotes the sale of the Company’s products which include baby and toddler goods and accessories (“Products”).

Please read these terms and conditions carefully before using this Website. By transacting on this Website you (“User”) undertake and confirm that you have read, understood and agreed to these Terms and Conditions and you signify your agreement to be bound by them.

These Terms and Conditions constitute a binding agreement between Babarazzi and the User and moreover govern the respective rights and obligations each time the User transacts on this Website.

By shopping or browsing on this Website, the User agrees not to access, display, copy use, download, and/or otherwise copy or distribute content obtained on the Website for marketing and other purposes without the express written consent of the Provider.

2. PRODUCT PRICING AND AVAILABILITY

Any offer to purchase the Products using this Website does not constitute any guarantee that what is being purchased by the User will necessarily be available.

The Products displayed on this Website are subject to availability and will be delivered only within the Republic of South Africa, subject to further terms as set out below.

All prices displayed on the Website are valid and effective only in the Republic of South Africa.

Despite our best efforts, a Product appearing on the Website may be mispriced. We reserve the right to correct the selling price or to change the selling price of any and all of the Products from time to time without any prior notification. Orders placed on the Website constitute an offer to purchase Products subject to this Agreement. The User will receive an auto-response generated message confirming the purchase of the Product. A purchase agreement will only come into effect between the User and the Provider once an autoresponse generated message has been sent to the User confirming the acceptance of the offer to purchase.

3. PRIVACY

The private information required of the User for executing the orders placed through the Website’s ecommerce facility, namely the User’s personal information, credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the essential information, that is the delivery address and contact phone number will be made known to third parties delivering the merchandise.

The Provider undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may unintentionally have installed on his/her device.

Users who do not wish to place an order or make offers in respect of any Products on the Website may visit the Website without providing their personal information. The Provider will however keep a record of the IP address of the User Computer (but not the e-mail address) for purposes of determining the use of the Website, i.e. the number of visits and average time spent on the Website.

4. DISPLAY COLOURS

We have made every effort to display as accurately as possible the colours of the Products that appear on the Website. As the actual colours you see will depend on the User’s computer’s monitor we cannot guarantee, however, that the User’s monitor’s display of any colour will be accurate as against the display picture.

5. DELIVERY POLICY

We will not be held liable for any loss, claims, theft or damage of whatsoever nature, to any person, arising from the delivery process and/or from the delivery of a product and/or the failure to deliver the Product(s).

Please note that delivery estimates are not guaranteed delivery times and should not be relied upon as such. The delivery period for different Product(s) may vary depending on the type of Product and the availability of the Product. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.

Subject to stock availability with suppliers and receipt of payment, requests will be processed within 10 days and handed over to a courier company for delivery. Delivery payment options are provided upon checkout. For delivery cost options, [click here]. For very remote areas not serviced by standard courier service the Provider will deliver via Post Office or to the nearest town to the User that is accessible by our courier’s partners within their normal routes. In these circumstances, the Provider will contact the User to arrange an alternative address.

The Provider reserves the right to cancel an order for which payment has already been received from the User. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions.

We will not be held responsible or liable for any loss, damage or theft of the Product(s) in the event that you have provided Babarazzi with your home physical address and you have given authorisation to a domestic worker and/or security officer to accept the product.

Any grievances regarding the standard and quality of the Product(s) purchased by the User using the Website should be directed to the following e-mail address: hi@babarazzi.co.za.

6. “COOLING-OFF PERIOD” IN TERMS OF SECTION 44 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 AND OTHER REFUND AND RETURN POLICIES

The User is entitled to cancel without any reason and without any penalty any transaction concluded on the Website within 7 (seven) days after the date of receipt of the Product(s).

If payment for the Product(s) has been effected prior to the User exercising his or her right to cancel a transaction, the User is entitled to a full refund of such payment, which refund will be made within 30 (thirty) days of the date of cancellation of the transaction, less our charges for the direct cost of returning the Product(s).

The “cooling-off” period does not apply to:

magazines and books;

audio or video recordings or computer software (including Blue Ray discs, DVD’s, games, educational programmes and music CD’s) which have been unsealed by the User;

foodstuffs, beverages or other goods intended for everyday consumption (such as diapers) supplied to the home, residence or workplace of the User;

Product(s) which are made to the User’s specifications;

Product(s) which are clearly personalised;

Product(s) which by reason of their nature cannot be returned; and/or

Product(s) which are likely to deteriorate rapidly.

The User may also cancel an order that has not yet been dispatched from the Company’s premises (excluding electronic gift cards or any other digital product), for a full refund.

Should the User cancel an order partially, a delivery fee will be charged for the remaining products to be delivered. In such an instance, we will make a reasonable effort to exchange the product upon receipt of the returned products, but if replacement is not possible, we will refund the purchase price including delivery cost upon receipt of the returned products.

7. GIFT VOUCHERS

A gift card can be purchased with a minimum amount of R250 and a maximum of R1000. The amount registered on the gift card will not accrue any interest. The total rand amount of the purchases will be deducted from the value of the gift card. All transactions in excess of the gift card balance will be declined. The gift card is valid until the last day of the month which is printed on the front of the card (marked expiry date). The gift card may not be re-activated after the expiry date.

The gift card may not be refunded or exchanged for cash or credit. Lost or stolen gift cards must be reported to the Company immediately, together with original receipts of purchase and the gift card number. The gift card will be stopped as soon as reasonably possible after the Company has been advised, but the purchaser thereof will still be responsible for all payments made with the gift card prior to notification of the loss and/or theft.

Exchange and return of Products purchased in whole or in part with the gift card will be governed by the procedures and policies of the Company.

8. REGISTRY SALE

Registry accounts, once available, may be opened 6 (six) weeks prior to due date and closed up to 1 (one) week after birth. The Product(s) will only be consolidated and shipped upon check-out at which point normal sales policies shall apply.

Users who set up a registry account will be given a password with which they may access and amend the registry online. The Company accepts no responsibility for any changes effected to the registry whatsoever including any changes made by the User or any other party to whom they have disclosed their password. The registry will be available to view and amend once opened and two weeks after the birth date.

No items on the registry may be set aside without purchase. The Company takes no responsibility for duplicate items purchased off a registry where a User has not informed the Company that it is using this facility, nor shall the Company accept responsibility for any items incorrectly marked as being purchased.

The Companies refund and returns policy as set out in 9 below shall apply in relation to all Products purchased in terms of the registry service.

10. WARRANTY

The Provider does not make any warrantees or representations regarding the use of the Products on this Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

To the extent that the Products are altered contrary to the instructions or after having been delivered to the delivery address stipulated by the User, the Products or property in which the Products are installed have been subjected to misuse, the Provider and/or manufacturer of the Products will not be obliged to honour any warranties applicable to such Products. Warranties do not apply to ordinary wear and tear.

While every effort is made to update the information provided on the Website on a regular basis, the Provider makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of the information contained on any of the Website pages and will not be bound in any manner by such information.

The Provider does not represent or warrant that the functions contained on the Website will be uninterrupted or error-free, that the defects will be corrected, or that this Website or the server that makes the site available are free of viruses or other harmful components.

11. EXPORT RESTRICTION

The offering on this website is available to South African customers and delivery addresses only, unless special arrangement is made before placing an order.

14. CUSTOMER DETAILS SEPARATE FROM CREDIT AND CHEQUE CARD DETAILS

Customer details will be stored by the Provider separately from credit and cheque card details which are entered by the User on Payfast’s secure site. For more detail on Payfast refer to www.payfast.co.za 

15. 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).

16. RESPONSIBILITY

Notwithstanding any other provisions contained herein, the Provider’s liability, whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time the value of the Product(s) in respect of which any such dispute or claim arises. By accessing the Website the User warrants and represents to the Provider that the User is legally entitled to purchase the Products and that all the details provided by the User are true and complete. Any information, ideas and/or opinions expressed on this Website should not be regarded as professional advice or the official opinion of the Provider. All Users should obtain professional advice before taking any course of action related to information, ideas or opinions on this Website.

17. UPDATING OF THESE TERMS AND CONDITIONS

The Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time.

Changes to these Terms and Conditions will become effective upon such changes being posted to this Website.

It is the User’s obligation to periodically check these Terms and Conditions on the Website for changes or updates.

The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

18. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

The Provider provides certain information on the Website.

Content currently or anticipated to be displayed on this Website is provided by the Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“Content”). All such proprietary works, and the compilation of the proprietary works, are copyright to the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“Owners”), and is protected by South African and international copyright laws. The Provider reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

19. LIMITED LICENSE TO GENERAL USERS

Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.

This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of the Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of the Provider. The Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers on the Website.

The Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license.

20. LIMITATION OF LIABILITY

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors.

The Provider shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if the Provider has been advised of the possibility of such damages.

The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. The Provider shall not be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.

21. CHOICE OF LAW

If a User accesses this Website from locations outside of the Republic of South Africa, that User is responsible for compliance with all applicable local laws.

These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the exclusive jurisdiction of the South African Courts in the event of any dispute.

If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.

The Provider’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.

The Provider may assign its rights and duties under this Agreement to any party at any time without notice to the User.

These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website including any purchases made thereon.

22. USE OF SITE

Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden.

Impersonation of others, including a Babarazzi or other licensed employee, host, or Provider’s representative, as well as other members or visitors on the site is prohibited.

The User may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law.

The User may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

23. THIRD-PARTY WEBSITES

As a convenience to our Users, this Website may contain additional links to other third party websites. If you decide to use and access these websites, you will leave this website. The Provider in no way endorses these third party websites, their content, products or services offered by making these links available on this Website. The User visits these websites at its own risk and should ensure that it obtains all relevant information, including reading the privacy and security policy of such third party websites. The Provider will in no way be liable for any loss or damage the User may suffer, whether directly or indirectly, as a result of accessing such third party websites.

24. USER CONTENT

The User agrees to not upload or transmit any communications or content of any type to any public areas that infringe or violate any rights of any party.

By submitting communications or content to the Provider, the User agrees that such submission is non-confidential for all purposes.

25. PURCHASES

The Provider reserves the right to:

limit quantities on any of the products on our website;

request proof of age on certain products;

investigate a User for irregularities and/or falsifying information for the procurement of products that may be on special offer;

request proof of identification on any purchase;

not be obliged to sell Products that have been erroneously marked on the Provider’s website; and/or

cancel any purchase order.