Terms & Conditions of use

Please read the following terms and conditions of use carefully prior to using this website. All users to this site agree that access to, and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree with the terms and conditions stated below, please refrain from using this web site.

COPYRIGHT

The entire content included in this site, including but not limited to text, graphics, or code is copyrighted under the South African and other copyright laws and is the property of The Baby Works. Should you want to use any of the content included in this site for commercial purposes please e-mail or phone us for assistance.

Users may download, view and print content from this site for private and non-commercial purposes only.

TRADEMARKS

All trademarks, service marks and trade names of The Baby Works are the property of The Baby Works and are protected as such by South African and international intellectual property laws

USE OF SITE

You may only use The Baby Works website to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

DISCLAIMER OF WARRANTY

The contents of this site are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement. The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called "Providers", assume no responsibility for errors or omissions in these contents.

The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.

The Providers do not warrant that The Baby Works website, its servers, or e-mail sent from The Baby Works are free of viruses or other harmful code. The Baby Works will not be liable for any damages of any kind arising from the use of The Baby Works Website, including but not limited to direct, indirect, incidental, punitive and consequential damages.

APPLICABLE LAW

The conditions of The Baby Works website will be exclusively governed by and construed in accordance with the laws of South Africa whose courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

WEBSITE CONTENT

The Baby Works makes no representations or warranties, whether express, implied in law or residual as to the accuracy, completeness or reliability of any information, data and/or content on the website from time to time.

We reserve the right to:

• modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
• change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
• We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

STOCK PRICING

Whilst every effort is made to ensure that the correct prices are listed on the web site, The Baby Works reserves the rights to refuse or cancel any orders for products listed at the incorrect prices. The Baby Works reserves the rights to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged or you have already paid via EFT, and the amount is reflecting in our bank account, for the purchase and your order is cancelled, The Baby Works will issue a credit to your credit card or refund your bank account for the incorrect price or alternatively you may choose to pay the difference in price.

PRODUCT AVAILABILITY

All orders received and paid for will be delivered as per the time frame detailed in our shipping policy. The Baby Works will, however, notify you should any product be unavailable for any reason. You accept that even though the site may indicate that the product is in stock, this is not a guarantee that the product is available. We will make every effort to source the product in the minimum amount of time should the product not be available.

DELIVERY POLICY

When you click to make a purchase with The Baby Works, legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries, please contact us before making any purchase through this website.

ORDER PROCESSING

Order processing will not begin until we receive a confirmed order and full payment. For EFT payments full payment will only be deemed to be made on receipt of the funds in our bank account. No cheque payment will be accepted by The Baby Works.

PASSWORD

Without a valid e-mail address (your user identification) and password, you will not be able to purchase products displayed on The Baby Works website. You are solely responsible for ensuring that the confidentiality of your password, which authenticates your identity. You acknowledge this responsibility and agree that any communication or transaction that may be made using your password, will be attributed to you.

If you suspect that the confidentiality of your password has been compromised, you should immediately advise The Baby Works of this fact by e-mail. The Baby Works shall on receipt of this e-mail suspend your registration pending further instructions. You shall remain responsible for all transactions effected prior to the suspension of your registration and liable for payments that may flow from these transactions.

THIRD PARTY LINKS

In an attempt to provide increased value to The Baby Works Customers, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

MONITORING

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

UPDATING OF THESE TERMS AND CONDITIONS

We reserve 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 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.

Contact Details

Physical Address: Unit 7 Villa, Medici, cnr New & Payne Road Bryanston
Postal address: PO Box 71546, Bryanston, 2021
Email address: info@thebabyworks.co.za
Phone numbers: 083 411 3885
Fax numbers: 086 694 7754

A copy of the ECT Act is available at http://www.polity.org.za/pol/acts/2002.