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Terms and Conditions

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.

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.
 

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.  

 

Changes to Products

We and any other persons involved in the management of this website may make changes in the products described, and to other content of this website, at any time without notice.

  • We make every effort to ensure that product descriptions and pricing on our website are accurate. However some inaccuracies, typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified. We make no representations about the suitability of this information; it is provided "as is" without warranty of any kind.
  • All depictions contained on the website are for illustration purposes only. Because of differences in picture inks, computer monitors and printer ink, colours of the actual product may vary slightly from those observed.



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.
 

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.
 

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.



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.
 

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 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:
Please contact us for details.
 

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
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.
 

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.
 

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.
 

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.
 

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.
 

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.
 

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.
 

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.
 

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.
 

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 October 2013.