TERMS AND CONDITIONS
The use of this website www.moocachoo.co.za is subject to the following terms and conditions. It is expressly understood that by making use of this website you have agreed to all the terms and conditions herein
MOO CACHOO hereinafter referred to as THE COMPANY
The USER/PURCHASER hereinafter referred to as THE CLIENT
Unless the context clearly indicates the contrary, reference to: The singular shall include the plural and vice versa. Any one gender shall include a corporate body and vice versa. The headings to the clauses of this agreement are for reference purposes only and shall not govern their interpretation.
USE OF THE WEBSITE
You may only use the website if you are 18 years or older. If you are under 18, you may use the website only with the permission and assistance of your parent or legal guardian.
You may not display, publish, copy, print, post or otherwise use the website and/or the information contained therein for the benefit of any other website or any other reason whatsoever without the express prior written consent of MOO CACHOO.
MOO CACHOO reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the website regularly.
The contents of this website, including any information, software, icons, text, graphics, lay-outs, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to MOO CACHOO.
Whilst all reasonable care has been taken to ensure all information contained in this website is accurate, MOO CACHOO makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this website or as to the accuracy, completeness or reliability of any information on this website.
All information provided on this website is provided “as is” and “as available” without warranty of any kind, either express or implied, or non-infringement, as may be allowed in law.
MOO CACHOO also makes no warranty or representation, whether express or implied, that the information or files available on this website are free of viruses, spyware, malware, Trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
Your privacy is important to us, however we do require certain personal information to ensure we deliver you the best service possible in getting your purchases delivered. In order to achieve this we will require:
Your name and surname
Your contact number and e-mail address
Your physical address
All information provided to us will be treated as strictly confidential.
It is your responsibility to update any of your personal information.
In addition to the above, MOO CACHOO may from time to time make use of your personal information to inform you on new products, specials and/or competitions. MOO CACHOO will not use your personal information for any other purpose and will not disclose your information to any third party unless required to do so by law.
It is expressly understood that MOO CACHOO cannot guarantee that your communications will be free from unauthorised access by third parties. Accordingly, we will not be liable for any loss or damages arising from third parties’ unauthorised access of your data. To protect all parties concerned from potential fraud and/or hacking, it is your responsibility to keep your details and password confidential. Access to your personal computer or mobile device used for placing order is entirely under your control.
TERMS AND CONDITIONS OF SALE
SALE OF GOODS
These Terms and Conditions of Sale govern the sale of products (Mom/Baby/Toddler) by MOO CACHOO to you via the website. The Terms and Conditions of Sale are in addition to the Terms and Conditions of use of the website.
Use of the website or purchases is deemed acceptance of the Terms and Conditions of Sale
And forms a legally-binding agreement between you and MOO CACHOO. We will in any event confirm all your purchase orders with you via e-mail.
HOW TO SHOP
1 Browse the online boutique and add products to your cart as you go along. You can increase or decrease product quantities making use of the + and – buttons on each product page.
2 Your shopping cart is always visible to indicate exactly how many items you have added to your cart and what your total purchase amount is. These figures will increase and decrease as you add items to the cart.
3 When you have completed your shopping for the session, select the ‘checkout’ button on the top, right hand corner of the website.
4 Fill in the form with your details for shipping and billing and select whether or not you would like to create an account.
5 Select your method of payment
6 Select ‘Place Order’. By placing an order you are agreeing to pay the stated prices of Goods and to the Terms and Conditions of Use and Sales.
7 Should you discover you have made an error with your order, please send an email to firstname.lastname@example.org and we will make the necessary changes and will send you an updated invoice.
8 Your order will only be fulfilled upon receipt of cleared payment (for EFT purchases). MOO CACHOO will email you an acknowledgement of receipt of payment and a delivery plan, once the payment has cleared.
We reserve the right to refuse to fulfil an order for any reason – including stock availability and lack of payment.
Please be advised that all Goods offered on this website are subject to availability. Whilst every endeavour is made to ensure there is always stock available, certain instances may arise in which stock is not available for a short period of time. This may be due to import and manufacturing delays.
As with any online store, stock quantities may change as other orders are processed. Stock is released on a “first come, first served” basis. Should you place an order for Goods but not pay timeously, stock will be allocated to the paying customers and not reserved for you. However, should stock run out before we are able to fulfil your order, we will notify you via e-mail. You are permitted to cancel your order or wait for the stock to become available.
You may purchase a gift voucher for any amount you so wish. Upon receipt of payment, the gift voucher.pdf will be emailed to the address supplied by you. A unique code will be supplied and must be used when the gift voucher is redeemed.
A gift voucher may only be redeemed once.
No refunds will be made if the gift voucher is not used before the expiration date. Please ensure you are aware of the period of validity for your gift voucher.
Gift vouchers are not valid for cash back.
Should you wish to return any Goods purchased with your gift voucher, the validity period will not be renewed.
Should you wish to return any Goods purchased with your gift voucher, they will be exchanged, not refunded.
MOO CACHOO reserves the right to take legal action if any attempts are made to edit or alter gift vouchers in any way.
Payment can be made by means of:
Direct bank deposit or electronic funds transfer, in which event, you must make payment within (one) 1 day of placing your order. MOO CACHOO will not fulfil the order until confirmation that payment has been received, and monies are cleared.
MOO CACHOO will deliver the Goods to you as soon as reasonably possible, but not later than 7 days of receipt of your payment (“Delivery Period”).
Our aim is to ensure that the order is despatched within 48 hours of payment confirmation.
We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 days of received such notification elect whether or not to proceed with your order for the Goods. If you elect not to proceed with your order, we will reimburse you with the purchase price within 30 days of having informed you that we are not able to deliver the Goods during the Delivery Period.
You are entitled to cancel your order for the Goods, without penalty, within 7 days of the Goods having been delivered to you. In such an event –
You will receive a full refund of the purchase price upon receipt by us of returned Goods
You undertake not to utilise the Goods
Your agreement of purchase will be deemed to have been cancelled, and
You will be liable in terms of section 44(2) of the Electronic Communications and Transactions Act 25 of 2002 (as amended from time to time) for the direct costs of returning the Goods, such as courier and/or shipping charges
Please note that your right to cancel your order for Goods without penalty set out in this clause, shall not apply where the Goods that you have ordered are made to your specifications or are clearly personalised.
Goods may be returned only when defective, damaged or if the product supplied is not the same product as what you ordered. If the Goods are defective in any way this must be reported as soon as reasonably possible after you have taken receipt of the delivery and must be returned to us within a period of seven (7) days of delivery. If the Goods 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 the Goods have been approved for return, we will notify your and either arrange for collection or request that you post it back to us. Should you need to post the Goods to us please only send it to our postal address (available under Contact and Address Details) and you will be credited or refunded for the postage costs incurred.
If you are returning Goods via courier or post office please package it carefully so that they don’t become damaged en route.
Please include a copy of your original invoice with any return.
If any party (“Defaulting Party”) breaches any of these terms and conditions and fails to remedy such breach within fourteen (14) days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the defaulting party, without prejudice to its right to recover:
Any amounts that may be due to it in terms of this agreement; and
Any loss or damage suffered as a consequence of the breach or the cancellation of this agreement
MOO CACHOO hereby selects Plot 74/76 Pierre Road HONEYDEW as its address for the service of all formal notices and legal processes in connection with these terms and conditions of sale (“domicilium”)
You hereby select the address specified on the Goods order form as your domicilium. Either party may change its domicilium to any other physical address by not less than 7 days’ notice in writing to the other party. Notices must be sent either by hand, prepaid registered post, or e-mail 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 e-mail will be deemed to have been on the date indicated in the “Read Receipt” notification. All e-mail communication between you and us in the instance of legal action and notice must make use of the “read receipt” function to serve as proof that an e-mail has been received.
A “business day” is deemed to be any day other than a Saturday, Sunday or Public Holiday. Should an order be placed on any day that is not considered a Business Day, despatch will take place on the first Business Day after payment confirmation has been received.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these terms and conditions of sale to any third party.
Any failure on the part of you or MOO CACHOO to enforce any right in terms hereof shall not constitute a waiver of that right
If any terms and 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 these 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.
GOVERNING LAW AND JURISDICTION
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.