THE LEGAL STUFF
Welcome to www.babyscoop.co.za. We know that the legal stuff can seem pretty scary, but we just need to make sure we all on the same page. So please take the time to read our terms and conditions and let us know if you have any concerns before placing your order. Thank you, from the cheek squeezing babyscoop team!
TERMS AND CONDITIONS
We, babyscoop (Pty) Ltd, are a duly registered South African company (registration number: 2013/000362/07a) and we own and operate from the domain name www.babyscoop.co.za. (“the site”).
If you make use of this site, whether in your personal capacity or otherwise, you are regarded as our customer and your use of this site (whether you visit or use this site for the purpose of just browsing or whether you use it for registering an account or for purchasing products), means that you agree to be bound by the terms and conditions contained on this site at the time of use.
We have the absolute and sole discretion to change, modify, add to or remove some or all of these terms and conditions at any time. Please be advised that such changes shall become effective immediately upon such changes being posted to the site. It is your responsibility as the customer to ensure that you have read the terms and conditions when you makes use of the site.
PLACING YOUR ORDER AND ACCEPTANCE THEREOF
Whenever you buy a product through the site, you will be contracting with babyscoop (Pty) Ltd. When you place an order with us (by choosing an item and completing the online checkout process), you should receive an acknowledgement of the order by email. This will detail the products you have ordered. Please note that your completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order only takes place when we despatch it. A ‘purchase contract’ between you and Babyscoop (Pty) Ltd is therefore made at the point of despatch, rather than at the point of payment. If you have cancelled your order, or if we notify you that we cannot accept your order, then no purchase contract will have been made. From time to time, we may not be able to accept an order for certain reasons (including but not limited to): if, unfortunately, we do not have your chosen goods in stock, where we cannot obtain authorisation for your payment, if there has been a pricing or product description error and / or if you do not meet any eligibility criteria set out in our terms and conditions, we reserve the right to cancel your order at any time and issue a full refund. This does not affect your statutory rights.
We try to show the colours of the products as exact as possible on our site, but we cannot guarantee that the colours seen on screen are the same as in reality. How the colours are perceived, depend on, in part, your computer and your screen settings. In addition, where products are hand-made, the colour may vary slightly from the product displayed on the screen. This is however the nature and beauty of hand-made products and by purchasing a hand-made product, you hereby accept that possibility.
PRICES, POSTAGE AND PACKAGING
The prices of the products listed on the site are in South African Rand (ZAR), (inclusive of VAT, where applicable). If you are resident outside of South Africa, you are responsible for applicable taxes and custom fees according to your country’s policy.
For most items, prices are shown inclusive of postage, unless overnight delivery is requested. The prices are however exclusive of packaging / gift wrap charges, which shall be charged separately (if selected).
Where overnight delivery and / or where packaging (gift wrap and personal card) is requested, these will be shown separately at the checkout stage.
PAYMENT OPTIONS AND SECURITY
All card transactions for payment of product will be acquired via PayGate (Pty) Ltd who are the approved payment gateway for First National Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3). Payment can only be made via Visa, MasterCard, Diners or American Express credit cards. Otherwise you can arrange to transfer money directly into our bank account, the details of which will be provided on request. We would like to reassure you that no card details are stored on our site. On that note, we cannot be held responsible for security breaches occurring on your 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 customer may inadvertently have installed on his/her device nor can we be held responsible for security breaches by Paygate.
Accordingly payment made via our site shall be so made at the customers own risk and the customer indemnifies and holds the company harmless against any loss, injury or damages which may be sustained as a result of its use of the site. Users may go to www.paygate.co.za to view their security certificate and security policy. If the customer has any problems paying for their order using the secure payment system, please email the company at email@example.com
USE OF PRODUCT AND RISK
www.babyscoop.co.za sells baby products sourced from third party suppliers. We cannot guarantee that the products comply with the necessary safety requirements required for baby products. By posting the products on our site, we do not, expressly or impliedly endorse the products and / or their safety and / or their use. The use of any products purchased from the site, are purchased solely at your own risk.
You agree to indemnify us and hold us harmless against any loss, injury or damages which may be sustained as a result of your (or any third parties) use of the products sold on the site.
While we endeavour to ensure that the information on the site is correct, we do not warrant the accuracy and completeness of the material on the site. We reserve the right to make changes to the material on the site, or to the products and prices described in it, at any time without notice. The material on this site may be out of date, and we make no commitment to update such material. The material on our site is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide the customer with the use of our site on the basis that it excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to our site.
Subject to stock availability with suppliers and / or receipt of payment and / or any other factors, we will endeavour to process and dispatch requests within 2 working days after receiving the order. Unless otherwise specified, standard rates will apply for local delivery, overnight delivery or international delivery. For very remote areas not serviced by our standard couriers, we will deliver to the nearest town to you that is accessible by the courier company within their normal routes or we will deliver via post office. In these circumstances we will be in contact with you to arrange an alternative address.
We will supply all goods to the Courier Company and / or post office in good order and will endeavour to ensure that the goods arrive at your chosen delivery address in the same good order.
Please allow 3-5 working days for your order to arrive within South Africa (calculated from the date of despatch), although, in most cases, you will receive your order sooner. For international orders, please allow 5-10 working days as we are at the efficiency and mercy of the South African postal system (in most cases).
Urgent / Next Day Delivery:
If your delivery is urgent, and you require a next day delivery by our courier (or South African Postal system), we will do our best to send your order out on the same day it is placed, provided such order is placed before 10am South African time. The special delivery charge will be charged at a rate set by the relevant courier company at the time of the transaction. We will endeavour to highlight the applicable delivery charge at checkout before payment is taken. If such charge is not available or highlighted on the site at the point of checkout, we reserve the right to contact you with a quote for the correct delivery charge on these items and to request payment thereof before the product is despatched.
The offering on this website is available for delivery to South African addresses only, unless special arrangement is made before placing an order. Any charge for international delivery shall be based on the size and the weight of the items ordered and the country of delivery.
We will endeavour to highlight the applicable delivery charge at checkout, before payment is taken. If such charge is not available or highlighted on the site, we reserve the right to contact you with a quote for the correct delivery charge on these items and to request payment thereof before the product is despatched. Our urgent /next day delivery service is unfortunately not available to our international customers.
If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which are not received.
In addition, neither ourselves, nor any courier or carrier service that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control; these circumstances to include but not be limited to any adverse weather conditions - such as snow, flood, extreme winds, fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or from any industrial dispute or strike.
CHANGE OF ORDER BEFORE DESPATCH
Although we will endeavour to make any requested changes to your order, we are unable to do so once your gift has been despatched. Before you request a change or cancellation, it is best to check the status of your order first. Emails are answered during business hours (8.30am - 5.30pm) in the order they are received. It is therefore possible that your order could be despatched before your email is processed and we will be unable to make any changes.
Although seldom charged, we reserve the right to charge a 10% administration fee for cancelled orders.
We reserve the right to cancel an order for which payment has already been received. This may occur, by way of example, if stock is insufficient or the quality of goods ordered does not meet the company’s standards. Should we exercise this right, you will receive a full refund with no deductions.
At Babyscoop, we always try to send your products in perfect condition. However, occasionally, a problem can arise. In the unlikely event that you are unhappy with your product, or your product is faulty, or it is damaged in delivery or it is the wrong item, please contact us via email firstname.lastname@example.org to advise us of your problem. You must contact us within 7(seven) days of receipt of your product, calculated from the day after the delivery note. In your email, please specify the issue in question and whether you would like a refund, exchange or replacement. If you would like an exchange, please specify the exchange that you would like to make.
Please note: All returns, refunds, exchanges and / or replacements must be approved and authorised by us first. Once you contact us for a return authorisation, we will process your claim and then advise you on whether you are eligible to return the product(s) and if so, whether you are entitled to a refund, replacement or exchange. The general rule of thumb for obtaining return authorization is as follows:
If your dissatisfaction is due to personal preference, and you have notified us within the requisite 7 days, we will gladly allow you to return your product (at expense to yourself) and either refund or exchange the item depending on the circumstances.
If your dissatisfaction is due to fault or damage of ours or the product, and you have notified us within the requisite 7 days or immediately thereafter once you become aware of the fault (but no longer than 14 days after receiving the product), we will collect the product at our expense and either replace, refund or repair the item, depending on the circumstance.
In the event of damage caused by delivery, the delivery company may require an inspection, so please retain all packing materials.
Please note: Once we receive the returned product, we will begin to process your return request. Each item returned will undergo a quality control check and once verified your refund and / or exchange will be processed. We reserve the right to refuse to refund or exchange any item returned in a condition where the item has been used, or damaged through misuse, or otherwise. We will not accept returns or exchange goods for any non-faulty items that have been worn, washed and/or with tags removed. Any items returned damaged or deemed in a non-saleable condition will not be refunded or exchanged.
If returning a product to us, we urge you to make sure that your return is well packed (we strongly advise that you use the packaging the products arrived in) and insured for its full value and ask your post office for proof of postage (this is free of charge) as unfortunately we cannot be responsible for lost or damaged returns. Your return must be accompanied by the original packing slip (or a copy) or an order reference.
Refunds will not be considered if the fault in the delivery and / or product is a result of your own actions such as incorrect delivery information and / or product misuse and / or if you fail to contact us within 7 (seven) after receiving the product.
If you are eligible for a refund, we will reimburse you for the price that has been paid for the product. The reimbursement shall be issued to the same credit or debit card it was purchased on, alternatively, we may offer a store credit or exchange, in each case less the relevant shipping charges.
Your right to return items to us and be refunded in accordance with these terms and conditions is in addition to any other statutory rights you may have. If there are persistent claims for refunds from the same individual or group of individuals, we reserve the right not to issue a refund or replace an order. We may refuse to take any future orders from any such customers and will inform them of our decision in writing, via email or over the telephone.
In the event of an exchange, items are subject to product availability and the customer will be responsible for the postage costs of returning items to be exchanged. Exchanged items can only be dispatched after the returned goods have been received and undergone a quality control check.
Whilst we shall endeavour to facilitate the on-going access to the site 24 hours a day, the network services may from time to time be adversely affected by causes of, inter alia, interferences/system failure/maintenance/repair of the site. We therefore cannot (and will not) guarantee continuous availability of the site free from any defects. You therefore agree not to hold us liable for loss or damage resulting from any delay or failure occasioned (directly or indirectly) by the non-availability and / or lack of accessibility of the site.
When you visit, register or order products or services on www.babyscoop.co.za, you may be asked to provide certain information about yourself, including your name, contact details and credit or debit card information.
We respect the utmost privacy of your information and wish to advise as follows:
The card details, which shall be entered by you upon purchasing a product, are encrypted and transferred securely to our payment service provider, Paygate, for immediate authorisation. Once we have received payment authorisation from Paygate, we will confirm your order. Your card details are not recorded or stored in our database and the company shall have no access to such information whatsoever. Accordingly, we shall not be responsible for the distribution of any such information to any third party.
The IP address of your computer shall not be regarded as private and confidential and we may copy, collect, store, distribute or otherwise use this information without limitation for the purpose of, inter alia, monitoring usage of the site and improving the shopping experience on the site generally.
All personal information provided by you at the company’s request shall be kept in confidence by the company and, unless permitted by you, shall not be sold, distributed or made known to any third party, save as may be necessary in law and / or save as may be necessary to execute a delivery to the customer (such as the delivery address and / or contact details of the customer and / or the recipient).
We will use your information to send you regular email newsletters, keeping you informed of new products and seasonal offers. You can choose whether to receive these newsletters when you are registering.
Where a phone number is requested, we may use this to contact you to ensure that you are happy with the service you received.
When you register on site, you can decide to opt out of receiving any communications from us, other than that required to process your registration or orders. At any point, you can change this preference in your account details but please allow three working days for your opt out to be processed.
If you opt in for email reminders, you can also decide to opt out at any point and they will stop. For the purpose of these terms and conditions, "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
Any other material that the customer transmits or posts to the site will be considered non-confidential and non-proprietary. The company will have no obligations with respect to such material and will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purpose.
ABUSE OF SITE
You agree not to use www.babyscoop.co.za either directly or indirectly for any unlawful purpose, or to cause distress or offence to any person and / or to misuse the website in any manner whatsoever. You also agree not to upload, email to us or print any images or other copyrighted material without the express permission of the owner. More particularly, but without limiting the above, you are prohibited from posting or transmitting to or from this site any material that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; for which you have not obtained all necessary licenses and/or approvals; which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in South Africa or any other country in the world; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). You may not misuse the website (including, without limitation, by hacking). We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the above.
You are permitted to print and download extracts from this website for your own private use ONLY. The site and any contents thereof may not be reproduced, duplicated or otherwise exploited for any commercial purpose whatsoever, unless express prior written consent has been obtained from the company. In addition, no documents or related graphics on this website can be modified, distorted or otherwise altered in any way and no frame or any other browser or border environment can be created around this website. For the purposes of these terms and conditions, any use of extracts from this website other than in accordance with the clause above for any purpose is prohibited. Unless otherwise stated, the copyright and other intellectual property rights in all material on the site (including without limitation photographs and graphical images) are owned by the company or the owners thereof. If you are in breach of any of the terms in these terms and conditions, the customers permission to use this website shall automatically terminates and the customer must immediately destroy any downloaded or printed extracts from this website. You hereby indemnify us for any loss or damage we may suffer or incur as a result of your use of our information. Any rights not expressly granted in these terms are reserved.
RESTRICTED USE OF SITE
To register and / or order product with us, you must be over eighteen years of age. Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately. We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
LIABILITY AND INDEMNITY FOR USE OF SITE
The general use of this site is done absolutely at your own risk.
Without prejudice to any of our rights and securities under these terms and conditions, you indemnify and agree that you will not, under any circumstances, hold us or our directors, shareholders, agents or representatives liable for any indirect, direct or consequential loss arising from or in connection with use of the site, its services, products and materials available, whether arising in contract or delict and whether resulting from any negligent act, omission or statement or otherwise.
ADDRESSES AND NOTICES
All notices will be sent to you via the email address, facsimile, telephone or physical address (or such other address or contact details) that you provide us with and such contact information will, for all intents and purposes, be deemed to be your chosen domicilium. Any email, facsimile and / or text message sent by us to you shall be deemed to be received by you 12 hours after it has been sent or upon proof of receipt thereof, whichever is the earliest, and if sent by post, 7 days after it has been sent.
RESOLUTION OF DISPUTES
If you feel that you have a dispute / claim against us, you must notify the company of such dispute / claim in writing within 15 (fifteen) days of the event giving rise to the dispute / claim, failing which it shall be deemed to have been extinguished for all purposes.
These conditions shall be governed by, and interpreted in accordance with, the laws of the Republic of South Africa, notwithstanding the residence or domicilium of the parties. The parties consent to the jurisdiction of the Western Cape Division of the High Court of South Africa in relation to any legal action arising out of, or in connection with, these conditions or any legal relationship between the parties to which these conditions apply. The company shall, at its election, be entitled to institute action out of any Magistrates Court exercising jurisdiction over the customer’s person, notwithstanding that the amount of its claim or the nature of the relief sought would otherwise have exceeded the jurisdiction of that court, alternatively resort to arbitration or mediation as an alternative to litigation.
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.
These Terms and Conditions constitute the entire agreement between us with regard to the use of the content and this Website.
If you have any questions about us or our site, the relevant contact address is: email@example.com
Babyscoop General Give-Away Terms & Conditions
- The giveaways is sponsored by Babyscoop (PTY) LTD.
- Participation in the Giveaways constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- The start and end times/dates (the “Entry Period”) are located on the applicable Giveaway page.
- Follow the directions on the applicable Giveaway page in order to submit an entry. The use of any agencies or automated software to submit entries will void all entries submitted by that person.
- Winner(s) will be selected via random number generator or as stated on the applicable giveaway page. The odds of being selected depend on the number of eligible entries received. Potential winner(s) will be contacted via email and will be asked to provide their first and last names, age and mailing address. If a potential winner does not respond within the stated time frame, located within the applicable giveaway page, the Sponsor may select an alternate potential winner in his/her place at random from all entries received during the Entry Period.
- The prize(s) (and their retail values) are located on the applicable Giveaway page. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. The winner is responsible for any taxes and fees associated with receipt or use of a prize.
- To be eligible for the competition, participants must reside in the Republic of South Africa and must be South African residents.
- The competition is not open to directors, members, partners, agents, employees or consultants of Sponsor or entrants under the age of 18 at the time of the draw.
- Your entry into the competition and/or your acceptance of the prize (should you win) constitutes your binding acceptance of the competition rules.
- All valid entries will be entered and the winner will be randomly selected by lucky draw.
- We don’t make any representations or give any warranties, whether expressly or implicitly, as to a prize, and in particular, but without limitation, make no representations and give no warranty that your entry or participation in the competition will necessarily result in you winning a prize or that a prize, or any aspect thereof, will meet your requirements, preferences, standards or expectations.
- The prize is not transferable. You may not win a prize if it is unlawful for us to supply such a prize to you. If you do win such a prize, you will forfeit it. You must be eligible to win the prize.
- The winner will be contacted directly using the details provided to us via the competition entry and we will announce the winner of the competition on platforms appropriate to the competition. If we are, or a third-party supplier is, unable to contact the winner within 30 days, the winner will forfeit the prize and we reserve the right to redraw a new winner under the same conditions.
- We reserve the right to vary, postpone, suspend or cancel the competition and any prize, or any aspect thereof, without notice at any time, for any reason we deem necessary. In the event of such variation, postponement, suspension or cancellation, you agree to waive any rights, interests and expectations that you may have in terms of this competition and acknowledge that you will have no recourse against us, our affiliates and third-party suppliers.
- You agree that your participation in the giveaway, and your acceptance and/or use of a prize, or any aspect thereof, is at your own risk.
- By participating in the Giveaway, entrants agree to release and hold harmless the Giveaway Entities from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Giveaway; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Giveaway or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or receipt of any prize. Entrant further agrees that in any cause of action, the Giveaway Entities’ liability will be limited to the cost of entering and participating in the Giveaway, and in no event shall the Giveaway Entities be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
- Participation in the Giveaways constitutes Winner’s consent to Sponsor’s use of Winner’s name, opinions, biographical information for promotional, publicity or advertising purposes worldwide in any media and on the World Wide Web, in perpetuity, without further payment, consideration, review or consent (where allowable).
- If you fail to comply with any of the competition rules, then without prejudice to any other remedy, which we may have, you will be automatically disqualified and you will forfeit the prize (in the event that you have already won a prize).
- The awarding of the prize is final and no correspondence will be entered into.