Terms & Conditions

Introduction

This website can be accessed at www.seriouslystylishbaby.co.za, related mobi-sites & software applications and is owned and operated by Seriously Stylish Baby (‘we’, ‘us’ or ‘our’).

These Terms and Conditions govern the ordering, sale and delivery of goods, and the use of this website.

The Terms and Conditions are binding and enforceable against every person (‘you’, ‘your’ or ‘user’) that accesses or uses this website. By using this website you acknowledge that you have read and agree to be bound by these Terms and Conditions

This website enables you to shop online for a range of various children’s accessories and other related products (‘goods’).

 

Important Notice

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the ‘CPA’).

These Terms and Conditions contain provisions that appear in similar text and style to this clause and which:

  • may limit the risk or liability of Seriously Stylish Baby or a third party, and / or
  • may create risk or liability for the user, and / or
  • may compel the user to indemnify Seriously Stylish Baby or a third party, and / or
  • serves as an acknowledgement, by the user, of a fact

Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Seriously Stylish Baby to explain it to you before you accept the Terms and Conditions or continue using the website.

Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Seriously Stylish Baby in terms of the CPA.

Seriously Stylish Baby permits the use of this website subject to it’s Terms and Conditions. By using this website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this website if you do not agree to the Terms and Conditions.

 

Use of the Website

By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his / her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of this website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify this website or the information contained herein, without the prior written consent from an authorised company representative (such consent is deemed given for standard search engine technology employed by internet search websites to direct internet users to this website).

You may not use this website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

You may not in any way display, publish, copy, print, post or otherwise use this website and / or the information contained therein without the express prior written consent of an authorised company representative.

 

Conclusion of Sales and Availability of Stock

Adding an item to your shopping cart without completing the purchase cycle does not constitute an order for such goods, and as such, goods may be removed from the shopping basket if stock is no longer available. You cannot hold Seriously Stylish Baby liable if such goods are not available when you complete or attempt to complete the purchase cycle at a later stage.

You acknowledge that stock of all goods on offer is limited. In the case of goods for sale by Seriously Stylish Baby, we will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on it’s website.

Notwithstanding the above, Seriously Stylish Baby cannot guarantee the availability of stock and when goods are no longer available after placing an order, Seriously Stylish Baby will notify you and you will be entitled to a refund of the amount paid by you for such goods.

 

Payment

We are committed to providing secure online payment facilities and all transactions are encrypted using appropriate encryption technology.

Payment can be made for goods via the following means:

  • debit card
  • credit card: where payment is made by credit card, we may require additional information in order to authorise and / or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the website
  • direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 24 (twenty four) hours of placing your order. Seriously Stylish Baby will not accept your order if payment has not been received.
  • Instant EFT

You may contact us via email at info@seriouslystylish.com to obtain a full record of your payment and we will also send you email communications regarding your order and payment.

Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the goods.

 

Delivery

Seriously Stylish Baby is an online retailer and therefore does not have a physical retail store.

All South African orders are shipped using either The Courier Guy or Globeflight Courier Services. This is a registered freight service, where you are able to track your order online.

Deliveries are door to door ie: the physical address supplied to us by you. We therefore recommend you provide a daytime address where someone will be able to accept and sign for delivery of the goods between 9am and 5pm. However, if you are unavailable at the time of delivery, your order will be left with someone at the property who will be required to accept the order and sign for receipt of same.

Every effort will be made to ensure that your order is dispatched and delivered to you as soon as possible. Orders are generally processed within 24 to 48 hours of receiving your order, between Monday to Friday only. You can also expect to receive your order within 1 to 3 business days after it has been dispatched to you, between Monday to Friday only.

We will notify you if we are unable to deliver the goods during the aforementioned delivery period. You may then elect whether or not to cancel your order for the goods. If you elect to cancel your order, we will gladly reimburse you for the full purchase price.

Seriously Stylish Baby is unable to deliver to PO Boxes, please ensure to provide a physical address, failing which we will be unable to dispatch your order.

Please email us as soon as possible if you wish to change or cancel your order. Note that once the item has been fulfilled and marked as shipped, we are not able to make any changes or cancellations to your order.

 

International Deliveries

Please note that international deliveries will be quoted for separately.

Seriously Stylish Baby is unable to accept responsibility for the order once it leaves South Africa.

International customs charges will be billed directly to the recipient and will therefore not be included on our international delivery quote.

We are not responsible for any custom fees once your order has been shipped. All customs, taxes, import duties, brokerage fees, or any additional charges by your local government are the responsibility of the recipient.

There is a chance that you will not get charged VAT or duties, however if you do get charged, we cannot be responsible for these fees in any way, as we do not receive any of these monies.

Since duties and taxes vary by country and by what was ordered, we are therefore unable to supply an estimated cost of these charges. Please contact your local customs office for more information.

Shipping fees and taxes will not be refunded for packages that are refused due to VAT or duties.

 

Return & Exchange Policy

We regret that there are no returns or exchanges on the product / products purchased, we therefore implore you to please ensure you are ordering the correct item, size & colour and to please also ensure to make use of our size & colour guides before confirming your order.

We also regret that we are unable take responsibility for any indirect damages, however, Seriously Stylish Baby will ensure that your order is thoroughly inspected for any manufacturing or other defects prior to dispatching your order.

If you are uncertain about anything then please kindly email us and we will be glad to assist.

 

Errors

We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

 

Changes to Terms and Conditions

Seriously Stylish Baby may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, this website.

Any such change will only apply to your use of this website after the change is displayed on the website. If you use the website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

 

Electronic communications

When you visit the website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our Privacy Policy.

 

Ownership and copyright

The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this website (‘website content’) are protected by law, including but not limited to copyright and trade mark law. The website content is the property of Seriously Stylish Baby and is also licensed to Seriously Stylish Baby.

You will not acquire any right, title or interest in or to the website or the website content. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any website content please email info@seriouslystylish.com

Where any of the Website Content has been licensed to Seriously Stylish Baby your rights of use will also be subject to any terms and conditions which that licensor imposes from time to time and you agree to comply with such third party terms and conditions.

 

Disclaimer

The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

Whilst Seriously Stylish Baby takes reasonable measures to ensure that the content of the Website is accurate and complete, Seriously Stylish Baby makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.

Seriously Stylish Baby disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

Any views or statements made or expressed on the Website are not necessarily the views of Seriously Stylish Baby, its directors, employees and/or agents.

In addition to the disclaimers contained elsewhere in these Terms and Conditions, Seriously Stylish Baby also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Seriously Stylish Baby, its employees, agents or authorised representatives. Seriously Stylish Baby thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

 

Limitation of Liability

Seriously Stylish Baby cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Seriously Stylish Baby, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@seriouslystylishbaby.co.za

Seriously Stylish Baby shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, this website or the content contained in this website, or your inability to use this website, and / or unlawful activity on this website and / or any linked third party website.

You hereby indemnify Seriously Stylish Baby against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and / or any linked third party website.

 

Availability and Termination

We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.

Seriously Stylish Baby may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Seriously Stylish Baby will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.

If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the website without any prejudice to any claims for damages or otherwise that we may have against you.

 

Governing Law and Jurisdiction

These Terms and Conditions and our relationship and / or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

In the event of any dispute arising between you and Seriously Stylish Baby, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Pietermaritzburg KZN) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

Nothing contained in this clause or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

 

Notices

Seriously Stylish Baby hereby selects The Stables, 88 Musgrave Road, Durban,4001 as its address for the service of all formal notices and legal processes in connection with these terms and Conditions (‘nominated address’). Seriously Stylish Baby may change this address from time to time by updating these Terms and Conditions.

You hereby select the address specified on the goods / delivery order form as your nominated address, but you may change it to any other physical address by giving Seriously Stylish Baby not less than 7 days notice in writing.

Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent:

  • by hand will be deemed to have been received on the date of delivery.
  • by prepaid registered post, will be deemed to have been received 10 days after the date of posting.
  • by telefax before 16H30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16H30 or on a day which is not a business day will be deemed to have been received on the following business day.
  • by email will be deemed to have been on the date indicated in the ‘Read Receipt’ notification. All email communications between you and Seriously Stylish Baby must make use of the ‘Read Receipt’ function to serve as proof that an email has been received.

 

General

Seriously Stylish Baby may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

Any failure on the part of you or Seriously Stylish Baby to enforce any right in terms hereof shall not constitute a waiver of that right.

If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

No indulgence, extension of time, relaxation or latitude which any party (the ‘grantor’) may show grant or allow to the other (the ‘grantee’) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

These Terms and Conditions contain the whole agreement between you and Seriously Stylish Baby and no other warranty or undertaking is valid, unless contained in this document between the parties.