1.INTRODUCTION 

This website can be accessed at www.acornkids.co.za and is owned and operated by Acornkids (Proprietary) Limited (hereafter referred to as Acornkids, we, us and our). Acornkids (Pty) Ltd is a company that manufactures, markets and distributes a range of skincare, bath and body, and children's products. Our details are:

Acornkids (Pty) Ltd 

Company Registration: 2002/021961/07 VAT Registration: 4130240320

DIRECTORS: 

N Swart (Managing Director), C Swart 

STREET ADDRESS 

5 Frangipani Street Heldervue 

Somerset West 7130 Western Cape

CONTACT: 

Phone: (+27) 068 622 6426 

Email: [email protected] Website: www.acornkids.co.za 

2.ACCEPTANCE OF TERMS 

These Website Terms and Conditions govern the ordering, sale and delivery of Goods, and the use of the Website. 

These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (hereafter you, your or user). 

Acornkids permits the use of this Website subject to these Terms and Conditions. By using this Website, 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. 

3.CUSTOMERS 

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the CPA). 

Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, created for either you or us in terms of the CPA. 

4.REGISTRATION AND USE OF THE WEBSITE 

Only registered users may order Goods on the Website. 

To register as a user, you must provide a unique username and password and provide certain information and personal details to us. You will need to use your unique username and password to access the Website in order 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. 

By registering on the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. 

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 our express prior written consent.

5.BASIS OF SALE

Registered users may place orders for Goods, which we may accept or reject. Whether or not we accept an order depends on the availability of Goods, correctness of the information relating to the Goods, and receipt of payment for the Goods. 

Acornkids will indicate the acceptance of your order by delivering the Goods to you (via Pudo, Locker to Locker) or allowing you to collect them, and only at that point will an agreement of sale between you and Acornkids come into effect (the Sale). Acornkids will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid. 

Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy. 

You acknowledge that stock of all Goods on offer is limited, and that pricing may change at any time without notice. Acornkids 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. When Goods are no longer available after you have placed an order, Acornkids will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 

6.PAYMENT

We use Peach Payments as our payment gateway. Peach Payments are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology. 

Payment may be made in one of the following manners: 

Credit or Debit card via Peach Payments. Goods will only be released for delivery once payment has been received into our banking account. 

Payment must be made immediately. 

7.DELIVERY OF GOODS

Acornkids delivers goods to you via a Courier service chosen by us. We offer 2 (two) methods of delivery of Goods to you. You may elect delivery via Courier (Pudo) to a locker, or self-collection from Acornkids head office in Cape Town. 

Acornkids obligation to deliver a product to you is fulfilled when we hand the package to the courier or when collected directly from Acornkids head office. 

8.RETURNS AND REFUNDS

Please refer to our Returns Policy for more information about returning products and related matters like refunds. The Returns Policy is incorporated by reference. 

9.GIFT VOUCHERS AND COUPONS

Acornkids may from time to time make physical or electronic gift vouchers and promotional coupons available for use on the Website towards the purchase of Acornkids Goods. Gift Vouchers and Coupons can only be redeemed while they are valid, and their expiry dates cannot be extended. 

10.DISCOUNTED GOODS

From time to time, we may offer certain Goods at discounted prices as part of a special or other temporary deal. These will be subject to certain conditions which define the scope of the deal. If you buy a product within the scope of a Deal, you will pay the discounted price for that product. 

11.REVIEWS

We may provide you, either on the website or by a 3rd party, the right to leave a review or rating of the products and/or services provided. Said review or ratings requires that you have firsthand experience with the person/entity being reviewed; do not include any offensive, abusive, racist, profanity laden language; do not reference discriminatory language or references related to religion, race, gender, national origin, age, marital status, sexual orientation, or disability; do not include references to illegal activity; do not post negative reviews as part of a scheme working with a competitor of ours; do not make any suggestions or conclusions as to the legality of our services, products, or conduct; do not post any false or misleading comments about your experience with the website or our company; and do not organize a campaign encouraging others to post reviews, whether positive of negative. Furthermore, we retain the right, and in our sole discretion, to accept, reject, or remove a review. 

12.PRIVACY POLICY

We respect your privacy and take all reasonable measures to protect it. This is detailed in our Privacy Policy, which is incorporated by reference.

13 .CHANGES TO THESE TERMS OF USE

Acornkids 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. 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. 

14 .OWNERSHIP AND COPYRIGHT

The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (ìWebsite Contentî) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Acornkids, its advertisers and/or sponsors and/or is licensed to Acornkids. 

You will not acquire any right, title or interest in or to the Website or the Website Content. 

Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us. 

Where any of the Website Content has been licensed to Acornkids or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions. 

15.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. 

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

Any views or statements made or expressed on the Website are not necessarily the views of Acornkids, its directors, employees and/or agents. 

Acornkids 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, jeopardize 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. Acornkids disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website. 

16.LINKING TO THIRD-PARTY WEBSITES

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 Acornkids is not responsible for the practices and/or privacy policies of those Third-Party Websites or the cookies that those sites may use. 

17.AVAILABILITY AND TERMINATION

We will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you. 

Acornkids may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. 

18.FRAUD PROTECTION

We reserve the right to request positive identification from you before processing an order or sale. In cases where there is reasonable suspicion, we reserve the right to use your information to do an ITC and/or background check. Should it be evident that false information was provided we will cancel your order, and forward details of your transaction to the Commercial Fraud Unit of the South African Police. 

Acornkids is entitled, for purposes of preventing suspected fraud and/or where it suspects that you have created multiple user profiles, to blacklist you (suspending or terminating your access to the Website) and refuse to accept or process payment on any order. 

19.COMPLAINTS

If you have a complaint about goods or services provided by us, or require information regarding our complaints-handling process, please contact us via the contact details in Clause 1. 

If we are unable to resolve your complaint to your satisfaction or we cannot resolve your complaint within 15 (fifteen) business days of you having notified us of it, you can approach the Consumer Goods and Services Ombud (CGSO) to assist in resolving the complaint. The CGSO's contact details are: 

Website: http://www.cgso.org.za/ Sharecall: 0860 000272 

Email: [email protected] 

20.GENERAL

Acornkids 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. 

Any failure on the part of you or Acornkids 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 may grant to the other shall constitute a waiver of any rights. These Terms and Conditions contain the whole agreement between you and Acornkids and no other warranty or undertaking is valid, unless contained in this document between the parties. 

21.GOVERNING LAW & 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 Acornkids, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) 

Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.