Terms and Conditions

Welcome to Titch & Bean’s online boutique. Our objective is to provide excellent quality products for babies, children and parents (along with excellent service and customer support) – saving both time and money. The convenience of online shopping will definitely save you time and petrol!

Please read through the legal stuff so you understand our terms and conditions. Please contact usshould you need any assistance or more information.

All references to “the Company“, “we“, “us” and “our” in these terms and conditions are deemed to refer to Wednesday’s Child CC t/a Titch & Bean, registration number 2010/046101/23.

All references to “you” and “your” are deemed to refer to any user of and/ or visitor to the “websitewww.titchandbean.co.za

These terms and conditions govern 1) your use of the website; and 2) your sales transactions with the Company. 

Acceptance of Terms and Conditions

The Company 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. Please do not use this website if you do not agree to the Terms and Conditions.  

Use of the Website

a)      You may only use the website if you are 18 years of age or older. If you are under 18, you may use the website only with the permission and assistance of your parent or legal guardian.

b)     You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of this website. In addition, you agree that you will not 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 users to this website).

c)      You may not use the website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

d)     You may not display, publish, copy, print, post or otherwise use the website and/ or the information contained therein for the benefit of any other website without the express prior written consent of an authorised Company representative.

Ownership and Copyright

a)      The contents of this website, including any information, software, icons, text, graphics, lay-outs, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to the Company.

b)     No licence to or right in any of such contents is granted to or conferred upon you. Any unauthorised use, distribution or reproduction of the said contents is prohibited. To obtain permissions for the commercial use of any content on this site, please e-mail hello@titchandbean.co.za 

Disclaimer

a)      Any person who accesses this website or relies on this website or on the information contained in this website does so at his or her own risk.

b)     While the Company takes reasonable measures to ensure that the contents of this website are accurate and complete, the Company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this website or as to the accuracy, completeness or reliability of any information on this website.

c)      All information provided on this website is provided “as is” and “as available” without warranty of any kind, either express or implied, or non-infringement, as may be allowed in law.

d)     In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Company also makes no warranty or representation, whether express or implied, that the information or files available on this website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.

e)      Should you discover any errors, omissions or problems, please report them to hello@titchandbean.co.za 

Linked Third Party Websites

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

b)     Notwithstanding the fact that this 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

a)      The Company shall not be liable for any direct, indirect, incidental, special or consequential injury, loss or damages which might arise from your use of (or reliance upon) any material, products or content contained in, or inability to use, and/ or unlawful activity on, the website and/ or any linked Third Party Website.

b)     You hereby indemnify the Company 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. 

Changes to these Terms and Conditions

The Company reserves the right to update and/ or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the website regularly. Any such change will only apply to your use of this website after the change is displayed on this website. If you use this website after such updated or amended Terms and Conditions have been displayed on this website, you will be deemed to have accepted such updates or amendments.  

Availability and Termination

a)      We will use reasonable endeavours to maintain the availability of the website, except during scheduled maintenance periods, and reserve the right to discontinue providing the website or any part thereof with or without notice to you.

b)     The Company may in its sole discretion terminate, suspend and modify this website, with or without notice to you. You agree that the Company will not be liable to you in the event that it chooses to suspend, modify or terminate this website. 

PRIVACY POLICY

a)      We respect your privacy. Should you decide to make use of our website, the only personal information that we will require of you is the following:

  •          your name and surname;
  •          your e-mail address;
  •          your physical address;

b)     It is your responsibility to update any of your personal information that you provide to us as soon as it is no longer accurate and complete.

c)      This website makes use of “cookies” to automatically collect information and data through the standard operation of the internet servers. “Cookies” are small text files a website can use to recognise repeat users, facilitate the user’s ongoing access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note however that cookies may be necessary to provide you with certain features available on our website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our website will therefore be limited.

d)     You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

e)      The purposes for which we will use your personal information are as follows: to contact you regarding current or new products or services and to inform you of new features, special offers and promotional competitions (provided you have consented to receiving such marketing material), and to transact with you.

f)       The Company will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent, unless the use or disclosure is:

  •          required in order to comply with applicable law, order of court or legal process served on the Company; and/ or
  •          disclosure is necessary to protect and defend the rights or property of the Company.

g)     We will be entitled to disclose your personal information to those of our employees and/ or third party service providers who assist us to interact with you via our website or e-mail, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/ or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.

h)     We will:

  •          treat your personal information as strictly confidential;
  •          take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
  •          promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
  •          provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
  •          upon your request, promptly return or destroy any and all of your personal information in our possession or control.
  •          We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
  •          If you disclose your personal information to a third party, such as an entity which operates a website linked to this website or anyone other than the Company, we shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

We take the security of your payment and personal information seriously. All personal information that you provide to us is subject to our Privacy Policy. However, due to the nature of the internet, we cannot guarantee that your communications will be free from unauthorised access by third parties. Accordingly, we will not be liable for any loss or damages arising from third parties’ unauthorised access of your data.

To protect all parties concerned from potential fraud and/ or hacking, it is your responsibility to keep your Titch & bean account login details and password confidential. Access to your personal computer or mobile device used for placing orders is entirely under your control.

TERMS AND CONDITIONS OF SALE

Sale of Goods

a)      These Terms and Conditions of Sale govern the sale of products (“Goods“) by the Company to you via the website. The Terms and Conditions of Sale are in addition to the Terms and Conditions of Use of the website.

b)     Use of the website for purchases is deemed acceptance of the Terms and Conditions of Sale and forms a legally-binding agreement between you and The Company. We will in any event confirm all your purchase orders with you via e-mail. 

How to Shop

                     i.            Browse the online boutique and add products to your cart as you go along. You can increase or decrease product quantities making use of the + and – buttons on each product page.

                   ii.            Your shopping cart is always visible to indicate exactly how many items you have added to your cart and what your total purchase amount is. These figures will increase and decrease as you add items to the cart.

                 iii.            When you have completed your shopping for the day, select the “Checkout” button on the top, right hand corner of the website.

                 iv.            Fill in the form with your details for shipping and billing and select whether or not you would like to create an account.

                   v.            Select your method of payment.

                 vi.            Select “Place Order”. By placing an order you are agreeing to pay the stated prices of Goods and to the Terms and Conditions of Use and Sales.

               vii.            An e-mail confirmation will be sent to the e-mail address you provide. This is not an acceptance by Titch & Bean to release Goods to you unless your preferred method of payment is Cash on Delivery of goods.

             viii.            You have successfully placed an order J

                 ix.            Should you discover you have made an error with your order, please send an e-mail to hello@titchandbean.co.za and we will make the necessary changes and will send you an updated invoice.

                   x.            Your order will only be fulfilled upon receipt of cleared payment (for EFT purchases). The Company will e-mail you an acknowledgement of receipt of payment and a delivery plan, once the payment has cleared. 

We reserve the right to refuse to fulfil an order for any reason – including stock availability and lack of payment. 

Please be advised that all Goods offered on this website are subject to availability. Whilst every endeavour is made to ensure there is always stock available, certain instances may arise in which stock is not available for a short period of time. This may be due to import and manufacturing delays.  

As with any online store, stock quantities may change as other orders are processed. Stock is released on a “first come, first served” basis. Should you place an order for Goods but not pay timeously, stock will be allocated to the paying customers and not reserved for you. However, should stock run out before we are able to fulfil your order, we will notify you via e-mail. You are permitted to cancel your order or wait for the stock to become available.  

Gift Vouchers

a)      You may purchase a gift voucher for any amount you so wish. Upon receipt of payment, the gift voucher .pdf will be e-mailed to the address supplied by you. A unique code will be supplied and must be used when the gift voucher is redeemed.

b)     A gift voucher may only be redeemed once.

c)      No refunds will be made if the gift voucher is not used before the expiration date. Please ensure you are aware of the period of validity for your gift voucher.

d)     Gift vouchers are not valid for cash back.

e)      Should you wish to return any Goods purchased with your gift voucher, the validity period will not be renewed.

f)       Should you wish to return any Goods purchased with your gift voucher, they will be exchanged, not refunded.

g)     The Company reserves the right to take legal action if any attempts are made to edit or alter gift vouchers in any way. 

Payment

Payment can be made by means of:

a)      Direct bank deposit or electronic funds transfer, in which event, you must make payment within five (5) days of placing your order. The Company will not fulfil the order until receiving confirmation that payment has been received;

b)     Cash on delivery. Once you have confirmed an order, you will be liable for the full payment upon delivery. This option is only available for orders placed for delivery in Gauteng.

Shipping and Delivery

a)      The Company offers free delivery within Gauteng. This service will be applied at the Company’s discretion. We reserve the right to discontinue this service without prior notice.

b)     The Company will deliver the Goods to you as soon as reasonably possible, but no later than 7 days of receipt of your payment (“Delivery Period”).

c)      Our aim is to ensure that the order is despatched within 24 hours of payment confirmation.

d)     We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 days of receiving such notification elect whether or not to proceed with your order for the Goods. If you elect not to proceed with your order, we will reimburse you with the purchase price within 30 days of having informed you that we are not able to deliver the Goods during the Delivery Period.

South African Post Office Counter to Counter

a)      For shipping outside of Gauteng, we will make use of the South African Post Office Counter to Counter service. This shipping method offers the most value as the costs are kept at a minimum. The cost is dependent on the order as it is calculated according to weight.

b)     Once the order has been placed, the overall weight and cost will be calculated at the checkout. For orders outside of Gauteng, select the Ex-Gauteng Deliveries option for your shipping costs.

c)     Once we have received your cleared payment for both the Goods and the postage, we will supply you with a tracking number that can be traced on the official website of the South African Post Office: www.sapo.co.za 

South African Post Office Speed Services

a)      We will happily employ the services of the SAPO Speed Services to ship your Goods to you, should you require them urgently.

b)     The cost for using the Speed Services is once again determined by the overall weight and dimensions of the total package of Goods. 

c)      We will confirm your shipping costs with you in writing via e-mail.

d)     Please do not make payments for Goods that will be shipped using this method until you have agreed to and accepted the costs.

e)      Once we have received your cleared payment for both the Goods and postage, we will supply you with a tracking number that can be traced on the official Speed Services website: www.speedservices.co.za    

Cancellation and Refund

You are entitled to cancel your order for the Goods, without penalty, within 7 days of the Goods having been delivered to you. In such an event –

  •          you will receive a full refund of the purchase price upon receipt by us of returned Goods;
  •          you undertake not to utilise the Goods;
  •          your agreement of purchase will be deemed to have been cancelled, and
  •          you will be liable in terms of section 44(2) of the Electronic Communications and Transactions Act 25 of 2002 (as amended from time to time) for the direct costs of returning the Goods, such as courier and/ or shipping charges.

Please note that your right to cancel your order for Goods without penalty set out in this clause, shall not apply where the Goods that you have ordered are made to your specifications or are clearly personalised, or in the event that the Goods are consumables that have been opened (wet wipes, nappies, cleaning products for example).

Returns

a)      Goods may be returned only when defective, damaged or if the product supplied is not the same product as what was ordered. If the Goods are defective in any way this must be reported as soon as reasonably possible after you have taken receipt of the delivery and must be returned to us within a period of seven (7) days after delivery. If the Goods are not the same as what was ordered this must be reported within 24 hours of delivery. Any damage must also be immediately reported, within 24 hours of delivery.

b)     Should any of the disposable nappies or wet wipes have a manufacturer’s defect, we will replace the opened package with a new, sealed one of the same size and quantity originally ordered. The opened package with the defects must be returned to us in order for the manufacturers to be made aware of said defects. However, we will not replace a package of nappies or wet wipes if you continue to use them and return an empty package to us.  

c)      If the Goods have been approved for return, we will notify you and either arrange for collection or request that you post it back to us dependent on your original order’s shipping method. Should you need to post the Goods to us please only send it to our postal address (available under Contact and Address Details) and you will be credited or refunded for the postage costs incurred.

d)     If you are returning Goods via courier or post office please package it carefully so that they ds not become damaged en route.

e)      Please include a copy of your original invoice with any return. 

Breach

If any party (“Defaulting Party“) breaches any of these terms and conditions and fails to remedy such breach within fourteen (14) days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the defaulting party, without prejudice to its right to recover:

  •          any amounts that may be due to it in terms of this agreement; and
  •          any loss or damage suffered as a consequence of the breach or the cancellation of this agreement.

Notices

a)      The Company hereby selects 7 Pongola Avenue, Randpark Ridge Ext 4, 2194 as its address for the service of all formal notices and legal processes in connection with these terms and conditions of sale (“domicilium).

b)     You hereby select the address specified on the Goods order form as your domicilium. Either party may change its domicilium to any other physical address by not less than 7 days’ notice in writing to the other party. Notices must be sent either by hand, prepaid registered post, or e-mail and must be in English. All notices sent:

  •          by hand will be deemed to have been received on the date of delivery;
  •          by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
  •          by e-mail will be deemed to have been on the date indicated in the “Read Receipt” notification. All e-mail communication between you and us in the instance of legal action and notice must make use of the “read receipt” function to serve as proof that an e-mail has been received. 

Force Majeur

a)      We shall not be liable to you for any breach, hindrance or delay in the performance of a sale attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.

b)     Either you or we may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two business days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of Goods already paid for by you and not delivered).

c)      If we have contracted to provide identical or similar Goods to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.  

Competitions
From time to time, The Company may run competitions through its website and other channels. The prizes offered as well as the competition requirements (for winning) may also change from time to time, and will be disclosed during the running of the competition.

The company cannot guarantee the quality or the fulfilment of the prizes by third parties. The winner of competitions will be decided by The Company at its full discretion. The Company staff and their family members will not be considered for competition winners.

General

a)      A ‘Business Day” is deemed to be any day other than a Saturday, Sunday or Public Holiday. Should an order be placed on any day that is not considered a Business Day, despatch will take place on the first Business Day after payment confirmation has been received.

b)     You may not cede, assign or otherwise transfer your rights and obligations in terms of these terms and conditions of sale to any third party.

c)      Any failure on the part of you or the Company to enforce any right in terms hereof shall not constitute a waiver of that right.

d)     If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

e)      No variation, addition, deletion, or agreed cancellation of these terms and conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

f)       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.

g)     These terms and conditions of sale, read together with the Terms and Conditions of Use of the Website, and our Privacy Policy contain the whole agreement between you and the Company and no other warranty or undertaking is valid, unless contained in this document between the parties. 

Governing Law and Jurisdiction

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.

 

 

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