TERMS AND CONDITIONS
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the [CoolKids] (“Provider”) Website located at the domain name [www.coolkids.co.za] (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute any content obtained on the Website for marketing and other purposes without the consent of the Provider.
By using this Website or communicating with the Provider by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
E-Commerce & Privacy
The Website www.coolkids.co.za sells children’s toys, and other related children’s products online. The use of any product or service bought from this Website is at the User/purchaser’s risk. The purchaser/ User indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and 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 necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. Credit card details are not kept by the Provider under any circumstances.
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 inadvertently have installed on his/her device.
The Provider will supply all Products to the delivery company in good order. The Provider will not be held liable for the condition of Products arriving at the User’s chosen delivery address.
Credit Card Acquiring – Payment Gateway
Credit Card Transactions are acquired by MyGate Communications (Pty) Ltd, a registered systems operator and payment gateway in South Africa. Card Holders may go to www.mygate.co.za to view MyGate’s security policy.
Delivery of Products / Discreet Packaging
All Products will be delivered within 2 - 21 days from date of payment. Depending on stock availability, orders will generally be delivered within in 48 hours, which time period does not constitute a warranty. All orders will be shipped via courier directly to your delivery address or nearest post office / PO Box, as specified by you.
Refund and Return Policy
The provision of Products and services is subject to availability. In cases of unavailability, the Provider will refund the client in full within 30 days. Cancellation of orders by the client will attract a 10% charge for administration costs.
The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of Products ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions.
Product Return & Refund Policy
All Products sold at www.coolkids.co.za carry a 6-month warrantee, if the damage is caused due to a malfunction of the product which relates to something that happened during the manufacturing process of the Product, you will be able to send it back to us for repairs. If we are unable to repair it, we will provide you with a new replacement product at no charge.
Any damage caused directly or indirectly by the User will not be guaranteed.
All perishable items carry no warrantee/guarantee.
Products may be returned only when defective, damaged or if the product supplied is not the same product as what was ordered. If the Products are defective in any way this must be reported as soon as reasonably possible after the product having been delivered to you and must be returned to us within a period of 6 months after delivery. If the Products are not the same as what was ordered this must be reported within 24 hours of delivery. Any damage must also be immediately reported, within 24 hours of delivery.
If you have so notified us within 24 hours, we will either arrange for our couriers to collect the Product(s) from you or request that you post it back to us or ask you to return the Product(s) to our current warehouse location, dependent on your original order’s shipping method. Should you need to post the Products to us please only send it to our postal address and you will be credited or refunded for the postage costs incurred.
If you are returning Products via courier or post office please package it carefully so that it does not become damaged enroute. Please include a copy of your original invoice with any return.
Any complaints regarding the standard and quality of the Product or Products bought by Users through the e-commerce facility should be directed to the Marketing Manager, firstname.lastname@example.org
Updating of these Terms and Conditions
The Provider reserves the rights to change, modify, add 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 at 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.
Copyright and Intellectual Property Rights
The Provider provides certain information on the Website. Content currently or anticipated to be displayed at 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 Images, Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve 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.
Limitation of liability
The Website Products as well as 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. Neither the Provider nor the Owners make any warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate, subsidiary or office bearers of the Provider, shall 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. When you, as User, places an order, you hereby accept these Terms and Conditions. The User hereby accepts that all Products purchased from www.coolkids.co.za, are used strictly at the User’s own risk and the Provider will not be held liable for any personal damage or injuries of any kind whatsoever suffered or incurred in any way, shape or form whatsoever. The User indemnifies and holds the Provider (www.coolkids.co.za) harmless against all claims and expenses of whatsoever nature and description arising from the sale, supply and / or use of the Product(s), and the User undertakes to pay to the Provider on demand, any such claims and all of the costs in defending such claims.
Privacy: casual surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Choice of Law
This Website is controlled, operated and administered by the Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the Products sold on the Website is illegal, is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Durban High Court 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, or severable from the rest 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 the Provider and the User with regard to the use of the Content, this Website, usage of services and ordering/purchase of Products.