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Infantasia.com ("Infantasia.com")
provides the information contained on this website and
the pages comprising the website ("website") and
advertises and sells the products to you, subject to the
terms and conditions set out herein and as may be
referenced herein ("the terms"). For the purposes
of these terms, "products" means those items offered for
sale by Infantasia.com from time to time via the
website.
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Acceptance
By accessing and/or using
the services offered via the website, you agree to be
bound by the terms. Infantasia.com may at any time
modify any of the terms and such modification will
supersede and replace any previous terms. The amended
terms will be made available on the website. Each time
you access the website and/or use the services offered
via the website, you agree to be bound by the terms, as
may be modified from time to time.
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Content of the
Website.
Whilst every
effort is made to update the information provided on
this website on a regular basis, Infantasia.com 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. Infantasia.com reserves
the right at any time to change or discontinue without
notice, any aspect or feature of the website and any
information, data and/or content on the website.
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User ID and PIN
Before purchasing any products via the
website, you will be obliged to enter your personal ID
number allocated to you by Infantasia.com ("Login
Name") personal password ("Password").
You undertake to ensure that your Login
Name and Password is not
disclosed to any third party and to immediately report
any actual or potential unauthorised access to or use of
your Login Name and Password. On receipt of such communication, Infantasia.com reserves the right to reject any
communication received from you, suspend the processing
of any communications and orders not yet executed by
Infantasia.com and immediately deactivate your password
and ID. You shall thereafter be obliged to refrain from
ordering any products until such time as a new Password
and/or Login Name, as the case may be, has been authorised by Infantasia.com. Infantasia.com may from time to time
require you to change your Password and/or
Login Name, as the
case may be, and you undertake to comply with such
instruction immediately.
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Verification.
4.1 You agree that all instructions,
consents, orders and any other communications which
purport to originate from you or a person who had
authority to act on your behalf in respect of such
communication or an information system programmed by or
on your behalf to operate automatically (unless it is
proved that such information system did not properly
execute such programming) (collectively "the
originator") and which are sent to Infantasia.com
electronically and which may (as a result of
interception, equipment malfunction, the distortion of
communication links or any other reason whatsoever) be
different from the instructions actually sent or given,
or may not have been given by you at all, shall be
deemed to have been given by the originator in the form
actually received by Infantasia.com and you will be
bound by such instruction with no liability of whatever
nature attaching to Infantasia.com in regard thereto.
4.2
You waive any rights you may have or
obtain against Infantasia.com arising directly or
indirectly from any loss or damage of whatsoever nature
which you may suffer as a result of the fact that
Infantasia.com acts on your instructions/orders or
instructions/orders purported to emanate from you and
you indemnify Infantasia.com against all and any claims,
liabilities, losses, costs, fines, damages and expenses
incurred (whether directly or indirectly) by you,
arising as a result of the fact that Infantasia.com has
acted on your instructions/orders or instructions/orders
which purport to emanate from you.
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Orders, Confirmation
and Delivery.
The
advertising of products via the website merely
constitutes an invitation by Infantasia.com for you to
make an offer to purchase products. Once you have
selected the product you wish to purchase and submitted
your order to Infantasia.com, you will be given the
opportunity to review the entire transaction and correct
any mistakes, before electing whether to withdraw from
the transaction or proceed with the transaction. By
clicking on the "buy now" button you are deemed to have
submitted an offer to purchase the product/s selected by
you ("order")
and the order cannot be withdrawn by you unless
expressly agreed to by Infantasia.com. Infantasia.com
reserves the right to cancel the order for any reason on
notice to you. Receipt of a confirmation of the order
(which constitutes acceptance by Infantasia.com to
process the order) will be sent to you once we receive
your order. Please note that a transaction to purchase
a product will only be deemed to have been concluded
once the product in question has been
delivered/collected in accordance with the selected
delivery option (View
Shipping Rates)
Delivery times are estimates only and we are not liable
for any late deliveries.
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Performance.
All orders shall be
executed within the time period notified therefore by Infantasia.com. Infantasia.com
shall notify you should any products be unavailable for
any reason whatever. We are not responsible
for any defects with the products sold on Infantasia.com.
The responsibility lies with the manufacturer.
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Payment.
For details on payment options,
please refer to the payment options below:
Credit Cards:
We accept Visa and Mastercard. Place your
order online or call us on (011) 640-3230/36 and we'll
place the order for you.
Direct Deposit:
Transfer funds directly into our bank account.
Please fax proof of transfer to (011) 640-3239.
Orders will not be shipped until money has
cleared in our account.
Bank Details:
Standard
Bank
Branch:
Orange Grove
Branch
Code: 004105
Account #:
001853082
Infantasia Baby Goods
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Compliance with Section 43(1) of the Electronic Communications and
Transactions Act of 2002 ("ECT Act").
In compliance with section 43(1) of the ECT Act, please
note the following -
8.1 Infantasia.com
8.2 physical address :3 Kent Ave.
Sandringham, Johannesburg, 2192 ;
8.3 telefax number : (011) 640-3239
8.4
telephone number : (011)
640-3230/36
8.5
website address : Infantasia.com.
8.6
e‑mail address :
info@infantasia.com;
8.7
registration number, names of office bearers and
place of registration : Infantasia Baby
Goods;Andy Gelman; Harold
Jossel.
8.8
physical address for receipt of service :
Infantasia.com;
8.9
a full record of your transaction can
be accessed by logging in
to your account. Log in on the home page on the
right hand side.
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Returns.
We will exchange any product still sealed in it's
original packaging and in saleable condition. Sorry, no
refunds. Any questions please call us on (011)
640-3230/36.
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Privacy and
Security.
All personal information
obtained by Infantasia.com by virtue of your
use of this website is protected as set out in our
privacy and security policy. Further, the security processes
and procedures used by Infantasia.com to protect
information transmitted via the website are also set out
in the privacy and security policy.
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Copyright and Intellectual Property Rights.
Copyright and all intellectual
property rights in all materials, texts, drawings and
data made available on this website (collectively "the
materials") are owned by Infantasia.com alternatively,
Infantasia.com is the lawful user thereof and are
protected by both South African and international
intellectual property laws. Accordingly, any
unauthorised copying, reproduction, retransmission,
distribution, dissemination, sale, publication,
broadcast or other circulation or exploitation of such
material or any component thereof will constitute an
infringement of such copyright and other intellectual
property rights; save that you may use the materials or
any component thereof for your own internal purposes and
for the purposes of ordering products from
Infantasia.com. The trademarks, names, logos and service
marks (collectively "trademarks") displayed on this
website are registered and unregistered trademarks of
Infantasia.com. Nothing contained on this website
should be construed as granting any licence or right to
use any trademark without the prior written permission
of Infantasia.com.
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External links.
External links may be
provided for your convenience, but they are beyond the
control of Infantasia.com and no representation is made
as to their content. Use or reliance on any external
links provided is at your own risk. When visiting
external links you must refer to that external terms and
conditions of use. No hypertext links shall be created
from any website controlled by you or otherwise to this
website without the express prior written permission of
Infantasia.com.
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Unlawful use.
You shall not use the
website to send or post any message or material that is
unlawful, harassing, defamatory, abusive, indecent,
threatening, harmful, vulgar, obscene, sexually
orientated, racially offensive, profane, pornographic or
violates any applicable law and you hereby indemnify
Infantasia.com against any loss, liability, damage or
expense of whatever nature which Infantasia.com or any
third party may suffer which is caused by or
attributable to, whether directly or indirectly, your
use of the website to send or post any message or
material as aforesaid.
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Warranties, Disclaimers and
Limitation of Liability.
14.1
Save as set out in the terms,
Infantasia.com makes no warranties, representations,
statements or guarantees (whether express, implied in
law or residual) regarding the website and the products
and the website and products made available via the
website are provided "as is".
14.2
Neither Infantasia.com or its
directors shall not be responsible for and disclaims all
liability for any loss, liability, damage (whether
direct, indirect or consequential) and/or expense of any
nature whatsoever which may be suffered by you or any
third party, as a result of or which may be
attributable, directly or indirectly, to your access and
use of the website and/or any information contained on
or via the website and/or your use of the products.
Without limiting the generality of the a foregoing,
neither Infantasia.com nor its directors shall be liable
for any failure and/or unavailability of the website for
any reason whatever and/or the failure/delay by any
third party service provider to render any services
which are necessary to ensure the availability of the
website. You hereby indemnify Infantasia.com or
its directors against any loss, liability, damage
(whether direct or consequential) or expense of any
nature whatsoever which may be suffered by you or any
third party as a result of or which may be attributable
directly or indirectly to the aforesaid.
Notwithstanding anything to the contrary contained
herein, Infantasia.com shall not be liable for any
direct, indirect, contingent or consequential loss
(including but not limited to loss of business, loss of
data and/or loss of profits) incurred or sustained by
you or any third party howsoever arising in respect of
your use of or reliance of any information offered on or
via the website and/or your use of the products.
14.3
Without limiting the generality of
the a foregoing, Infantasia.com shall not be liable to
you or any third party for any loss or damage of
whatsoever nature in the event that you request that an
order be stopped or cancelled.
14.4
By accessing the website, you warrant
and represent to Infantasia.com that you are legally
entitled to do so to purchase any of the products
offered for sale via the website.
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Use of the Website:
Infantasia.com does not
make any warranty or representation that information and
products advertised on the website are appropriate for
use in any jurisdiction. By accessing the website, you
warrant and represent to Infantasia.com that you are
legally entitled to do so and to make use of information
and purchase the products made available via the
website.
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Address for Service
16.1 The address for
service for all purposes relating to these terms of use
including the giving of any notice, the payment of any
sum, the serving of any process, is the address set out
in 8.2 and telefax number set out in 8.3.
16.2 Infantasia.com shall be shall be
entitled from time to time, by giving notice to you to
vary its physical address for service to any other
physical address within the Republic of South Africa,
and to vary its facsimile address for service to any
other facsimile number.
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General
17.1
The terms constitute the sole record
of the agreement between you and Infantasia.com in
relation to the subject matter hereof. Neither you nor
Infantasia.com shall be bound by any express tacit or
implied representation, warranty, promise or the like
not recorded herein. These terms and conditions
supersede and replace all prior commitments,
undertakings or representations, whether written or
oral, between you and Infantasia.com in respect of the
subject matter hereof. No indulgence or extension of
time which either you or Infantasia.com may grant to the
other will constitute a waiver of or, whether by
estoppel or otherwise, limit any of the existing or
future rights of the grantor in terms hereof, save in
the event or to the extent that the grantor has signed a
written document expressly waiving or limiting such
rights.
17.2
Infantasia.com shall be entitled to
cede, assign and delegate all or any of its rights and
obligations in terms of these terms.
17.3
All provisions of these terms and
conditions are, notwithstanding the manner in which they
have been grouped together or linked grammatically,
severable from each other. Any provision of these
terms and conditions which is or becomes unenforceable
in any jurisdiction, whether due to voidness, invalidity,
illegality, unlawfulness or for any reason whatever,
shall, in such jurisdiction only and only to the extent
that it is so unenforceable, be treated as pro non
scripto and the remaining provisions of these terms and
conditions shall remain in full force and effect.
17.4
Should Infantasia.com be prevented
from fulfilling any of its obligations to you as a
result of any event of force majeure, then those
obligations shall be deemed to have been suspended to
the extent that and for as long as Infantasia.com is so
prevented from fulfilling them and your corresponding
obligations shall be suspended to the corresponding
extent. In the event that force majeure continues for
more than fourteen days after it has fist occurred then
Infantasia.com shall be entitled (but not obliged) to
terminate all of its rights and obligations in terms of
or arising out of these terms by giving notice to you.
An "event of force majeure" shall mean any event
or circumstance whatsoever which is not within the
reasonable control of including, without limitation, vis
major, casus fortuitus, any act of G-d, strike, theft,
riots, explosion, insurrection or other similar
disorder, war (whether declared or not) or military
operations, the downtime of any external
telecommunications line, power failure, international
restrictions, any requirement of any international
authority, any requirement of any government or other
competent local authority, any court order, export
control or shortage of transport facilities.
17.5 These terms shall be governed by
and construed in accordance with the laws of the
Republic of South Africa without giving effect to any
principles of conflict of law. You hereby consent to
exclusive jurisdiction of the High Court of South Africa
in respect of any disputes arising in connection with
the services referred to herein, or the terms or any
matter related to or in connection therewith.
This policy was last updated on
12 November, 2005.
Copyright © 2005 Infantasia.com .
All Rights Reserved.
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