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BabyBundle.co.za Terms and Conditions (updated 25 September 2013)

1.       Terms & conditions

1.1.    This is a legal document which details the agreement (referred to as “The Agreement”) between you, the Customer (whom we refer to as “you”, “your” or the “Customer” in this document) and us. We are Family Monthly (Pty) Ltd trading as BabyBundle.co.za.  We are the owner of the BabyBundle.co.za business. We are a company registered in South Africa with our physical office ‘3B 8th Street, Parkhurst, 2193’ (and we refer to ourselves as “BabyBundle.co.za”, “we” or “us” or “our” in this document). Our company registration number is 2012/097934/07.

1.2.    Please note that by subscribing to any of our products or services, you agree to be bound by these terms and conditions.

1.3.    BabyBundle.co.za’s service is only available for use by people residing in South Africa (Serviced Country). We do not accept orders from individuals outside this country.

1.4.    By subscribing to any BabyBundle.co.za product or service, you warrant that you are

1.5.    At least 18 years old and you are legally capable of entering into binding contracts;

1.6.    Resident in South Africa and you are subscribing to our service from South Africa.

 

2.       The contract formed between you and us

2.1.    After placing an order for one of our subscription services, you will receive an acknowledgement from us that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a subscription service. All orders are subject to acceptance by us, and we will send a confirmation of acceptance once your order has been successful.  The contract between us will only be formed after we have billed your first month’s subscription fee and dispatched your first month’s order.

2.2.    The subscription plan to our service consists of a recurring charge over an initial subscription period as agreed to by you. By entering into this agreement, you acknowledge that your subscription has a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. BabyBundle.co.za may submit periodic charges (e.g., monthly) without further authorization from you until you provide prior notice that you have terminated this authorization.  Such notice will not affect charges submitted before BabyBundle.co.za reasonably could act.

2.3.    Auto-renewal. Once your initial subscription period has expired, your BabyBundle.co.za subscription will be automatically extended on a month to month basis at the same rate at the then-current non-promotional subscription rates that apply to the initial subscription period.

2.4.    Cancellation of subscription.  The customer is entitled to cancel the contract when the contract term expires, or at any other time, given that he/she gave BabyBundle.co.za 20 business days notice in writing. Where the consumer cancels the contract before the expiry date, BabyBundle.co.za will be entitled to any outstanding amounts, as well as a reasonable cancellation fee. If you cancel, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires.

2.5.    Cancellation of subscription after a price increase.  BabyBundle.co.za endeavours to supply our clients with products at a low price.  If, however, our suppliers increase their prices, we will also increase our prices relative to our supplier prices.  We understand that a client may not be able to afford payments if we are forced to increase their prices.  As such, if the price increase is substantial (defined as an increase in the then current price for a full order of 5% over a period of 6 months or less) then a client will be entitled to cancel their subscription prior to its expiry date without the payment of any cancellation fees.

2.6.    BabyBundle.co.za will have the right to cancel this contract at any time during the subscription period, without any further obligations, and without prejudice, by giving written notice via your registered email address.

 

3.       Consumer rights

3.1.    If you are contracting as a consumer, you may cancel a contract at any time within seven working days, beginning on the day after you received the products. In this case, you will receive a full refund of the price paid for the products in accordance with our refunds policy (set out below).

3.2.    To cancel a contract, you must inform us in writing. You must also return the products to us within 10 business days at your risk and expense. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

 

4.       Billing and delivery

4.1.    You will be invoiced with a due date on the 1st day of each month by default or else a date agreed to by both parties for your subscription service.

4.2.    Your bank account will be debited on the due date of the invoice or just before if the date is a public holiday or Sunday.  If BabyBundle.co.za are unable to collect, BabyBundle.co.za may attempt to debit your account and any point in time following the due date until the amount owed is collected

4.3.    Your order will be dispatched once we have received confirmation your payment (payments confirmation usually reflect 3 working days after the debit has run).  This means a delivery may take 7 to 8 days from due date to receipt of order. Note: Post Office deliveries mat take longer than the 7 to 8 days working days.

 

5.       Risk and title

5.1.    The products will be at your risk from the time of delivery.

5.2.    Ownership of the products will only pass to you when we receive full (non-reversible) payment of all sums due in respect of the products, including delivery charges.

 

6.       Price and payment

6.1.    The price of our products and services and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.

6.2.    Prices for our subscription service will change from time to time as suppliers prices also change. Your monthly subscription fee will be invoiced at the same price as the then-current non-promotional subscription rates for the particular brand option and subscription period you have chosen.

6.3.    Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a dispatch confirmation.

6.4.    Debit orders are the accepted payment methods on BabyBundle.co.za and the price you pay for your service is based on you using this payment method. You may also pay via EFT in the event that your debit order fails, however we reserve the right to charge a reasonable administration fee on each transaction.

 

7.       Upgrades, downgrades, size changes and changes to your extras

7.1.    BabyBundle.co.za sources products in bulk from its suppliers and provides these products to consumers as a subscription service.  Because you are committing to a long term subscription for these products, BabyBundle.co.za is able to negotiated specially discounted rates from its suppliers which in turn we pass on to you.  As such, by signing up for one of our subscription services, you fundamentally agree to be bound to this agreement for at least the initial term of the subscription service which you chose during signup.

7.2.    You may however upgrade and downgrade between various brands as often as you like during your subscription period. 

7.3.    You may also change your bundle size and extras as often as you like during your subscription period. 

7.4.    Together with your subscription, you may also opt-in to receive various other extras.  These extras do not form part of any subscription service but are supplied along together with the products to which your subscription service applies.  You may change your extras order as often as you like during your subscription period.

7.5.    Upgrades, downgrades, size changes and changes to your extras order may be done via our online web platform up until your invoice is generated (usually 3 days prior to due date) at which point your order will be locked you may no long change your order.

 

8.       Availability

8.1.    If at the time of dispatch, one or more of the products you have ordered are not available, we reserve the right to either replace the item with a different item as agreed by you else to refund you for this item.

8.2.    In the case of replacing the item, we will first contact you and confirm via email or telephone to confirm you are happy to accept the replacement.  If you are not happy to accept this replacement then we will refund you for the amount of the item.

 

9.       Returns and exchanges

9.1.    If you return a product to us for any reason you will be responsible for the cost of returning the item to us

9.2.    If you are returning a product because you have cancelled the contract between us within the seven-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the product in full, and any applicable delivery charges.

9.3.    You may return a product in order to exchange it (if for example you have nappies that no longer fit your child) but only if it is within 30 days of you receiving that order and only if the item you have returned is still in its full packaging.  When exchanging an item you may exchange it for an item of the same or less value.  If you exchange it for an item of more value you will be liable for the difference in the two items values. All exchanges will incur a R100 packaging and delivery fee unless we can deliver it together with your following months order.

9.4.    If you are returning the product as you consider it to be defective, we reserve the right to examine the product make judgement on whether the product should be replaced or not. If we find that you are entitled to a replacement, we will inform you as such, and will and replace the product with a replacement of equivalent value and have it delivered to you at not charge and will refund you any amount which you reasonably incurred in returning the product to us.

 

10.     Pausing your subscription

10.1.   You are entitled to temporarily pause your subscription.  You may pause your subscription once (for just one month) for every three months or your subscription period.  You may choose to do this if, for example, you will be out of town or if your baby simply uses a lot fewer nappies than the average.

10.2.   When you pause your subscription, we will also pause your invoices and therefore pause debits against your account.  However, during the period that the subscription is paused, time counting down against the subscription period is also paused.  This means that if, for example, you pause a six month subscription for one month, effectively the period of the six month subscription will become seven months.

 

11.     Warranty

11.1.   We warrant to you that any product purchased from us will, on delivery, conform to its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

 

12.     Written communications

12.1.   Applicable laws require that some of the information or communications we send to you should be in writing. When using BabyBundle.co.za, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

13.     Notices

13.1.   Notice to terminate your account can be done via our online web platform. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website or 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

 

14.     Transfer of rights and obligations

14.1.   The contract between you and us is binding on you and us and on our respective successors and assignees.

14.2.   You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

14.3.   We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

14.4.   It is at our discretion to renew monthly subscriptions.

14.5.   We reserve the right to pass on data generated – yet anonymous – to specially selected third parties for research purposes.

 

15.     Events outside of our control

15.1.   We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).

15.1.1.       Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

15.1.2.       strikes, lock-outs or other industrial action;

15.1.3.       civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

15.1.4.       fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

15.1.5.       impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

15.1.6.       impossibility of the use of public or private telecommunications networks; and

15.1.7.       the acts, decrees, legislation, regulations or restrictions of any government.

15.1.8.       Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

16.     Waiver

16.1.   If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

16.2.   A waiver by us of any default will not constitute a waiver of any subsequent default.

16.3.   No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

 

17.    

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