TERMS & CONDITIONS

Website Terms and Conditions of Use for www.sweetlings.co.za a baby and toddler goods store, on all devices.

GENERAL

These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Sweetlings (Pty) Ltd (“Provider”) website located at the domain name www.sweetlings.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 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 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.

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 Sweetlings; and/or
may create risk or liability for the user; and/or
may compel the user to indemnify Sweetlings; and/or
serves as an acknowledgment, 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 Sweetlings 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 Sweetlings in terms of the CPA.

Sweetlings permits the use of this Website subject to the 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.

Sweetlings 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 Sweetlings 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 Sweetlings and no other warranty or undertaking is valid, unless contained in this document between the parties.

ORDERS AND PURCHASES

To register as a user, you must provide a unique username and password and provide certain information and personal details to Sweetlings. You will need to use your unique username and password to access the Website to purchase Goods. You agree and warrant that your username and password shall be used for personal use only and not be disclosed by you to any third party.

For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions. You agree to notify Sweetlings immediately upon becoming aware of or suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

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 the 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 the 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.

You may not use the 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 the Website and/or the information contained therein without the express prior written consent of an authorised Company representative.

Registered users may place orders for Goods, which Sweetlings may accept or reject. Whether or not Sweetlings accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Sweetlings for the Goods.

NOTE: Sweetlings will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and Sweetlings come into effect (the “Sale”). This is regardless of any communication from Sweetlings stating that your order or payment has been confirmed. Sweetlings will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

Orders may not be cancelled after receipt of payment of the Goods by Sweetlings. After dispatch of your Goods, you may cancel the Sale only in accordance with the Returns Policy.

Placing Goods in a shopping basket 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 Sweetlings 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 Sweetlings, Sweetlings will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, Sweetlings will notify you and you will be entitled to a refund of the amount paid by you for such Goods.

When purchasing goods from JanaS Baby Boutique (https://janas.co.za/) and with us, we will arrange for your goods to be sent together. You will pay a delivery fee with JanaS. We will arrange for your goods to be delivered to JanaS and shipped together. This only applies if the orders are placed with both companies on the same day. This could however result in a delayed delivery due to logistics. The products from JanaS will fall under JanaS Baby Boutiques terms and conditions.

PAYMENTS

Sweetlings offers multiple payment options to Users including:

Online payments processed by Peach Payments. Card Holders may go to https://www.peachpayments.com/ to view their security policies and more detail on accepted payment methods. Credit card details are not kept by the Provider under any circumstances.

EFT into Sweetlings’ bank account. Contact us on hello@sweetlings.co.za to arrange the banking details.

These Terms and Conditions constitute the entire agreement between the Provider and the User about the use of the Content and this Website.

SITE PROMOTIONS

From time-to-time Sweetlings will run promotions. These promotions will either be on selected products or site wide. For each promotion there will be specific terms and conditions. Promotions may require the customer to apply the stated promo-code to their cart during the check-out process.

Promo-code discounts, even if site wide, will only apply to physical product. No promo-code discount will be applied to Coupons.

Sweetlings may from time to time make Discounts (“Discounts”) and electronic promotional coupons (“Coupons”) available for use on the Website towards the purchase of Sweetlings products. More specifically:

Discounts will automatically be applied to the product and available on the said product(s) while so listed on the website.Discounts cannot be used to buy coupons, cannot be exchanged for cash, and are not transferable to any other person.

Coupons are issued electronically in Sweetlings’ sole discretion. Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used. As a general rule, and unless specified otherwise on the specific Coupon itself: Coupon can only be used once, with promotional offers on the Website; only one Coupon can be used per person unless Sweetlings specifies otherwise; the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you. Coupons cannot be used to buy Discounts, cannot be exchanged for cash, and are not transferable to any other person.

CHANGES TO OUR TERMS AND CONDITIONS

Sweetlings 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, the Website.

Any such change will only apply to your use of this Website after the change is displayed on the Website’s terms and conditions page. 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, affiliates, or partners electronically in accordance with our privacy policy.

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 Sweetlings takes reasonable measures to ensure that the content of the Website is accurate and complete, Sweetlings 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.

Sweetlings 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 Sweetlings, its directors, employees and/or agents.

In addition to the disclaimers contained elsewhere in these Terms and Conditions, Sweetlings 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 Sweetlings, its employees, agents or authorised representatives. Sweetlings thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites and Sweetlings is not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those sites may use.

Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third-Party Websites is entirely at your own risk, and we are not responsible for any loss, expense, claim or damage, whether direct, indirect, or consequential, arising from your use of such Third-Party Websites or your reliance on any information contained thereon.

LIMITATION OF LIABILITY

The Website www.sweetlings.co.za sells childcare related goods and services online. The use of any product or service bought from this Website is at the purchaser’s/customer’s risk. The purchaser/customer indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained because of using the products sold on the Website.

Sweetlings 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 Sweetlings, its employees, agents, or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to hello@sweetlings.com or by contacting 073 384 8029.

SWEETLINGS 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, THE WEBSITE OR THE CONTENT CONTAINED ON THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.

YOU HEREBY INDEMNIFY SWEETLINGS 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.

PRODUCT/SERVICE AVAILABILITY AND TERMINATION

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

Sweetlings may in its sole discretion terminate, suspend, and modify this Website, with or without notice to you. You agree that Sweetlings will not be liable to you if 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 Sweetlings, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Johannesburg Division, Gauteng) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

Nothing 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

Sweetlings lists 17 Leeubekkie Street, Northmead, Benoni, Gauteng, 1501 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“nominated address”). Sweetlings may change this address from time to time by updating these Terms and Conditions.

You hereby select the address specified on the Goods order form as your nominated address, but you may change it to any other physical address by giving Sweetlings not less than 7 days’ notice in writing.

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

ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our PRIVACY POLICY, as is incorporated by reference (which means that it forms part of these Terms and Conditions).

RETURNS AND EXCHANGES POLICY

Please refer to our Returns and Exchanges Policy for more information about cancelling orders after delivery, and about returns (and related refunds, replacements, or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

DELIVERY POLICY

Please refer to our Delivery Policy for more information about the delivery of our products, and about returns (and related refunds, replacements, or repairs). The Delivery Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).