Terms

  • Introduction and Agreement
    • The website accessed at bornfabulous.co.za, related mobile sites and software applications (“Website“) is owned entirely and operated by Born Fabulous Proprietary Limited, Registration Number: 2015/104540/07 (“Born Fabulous“, “we“, “us” and “our“).
    • These online terms and conditions (“Online Terms“) regulate the use of the Website, as well as the ordering, sale and delivery of Products.
    • In the event that the Website contains any additional policies, frequently asked question pages and/or instructions, same are incorporated into these Online Terms by reference and are subject to change at any time, in the sole and absolute discretion of Born Fabulous, subject to the remaining provisions of these Online Terms.
    • These Online Terms are binding and enforceable against every person that accesses or uses the Website (“you“, “your” or “user“), including without limitation each user who registers an account.
    • By using the Website and/or creating an account and/or user profile on the Website you acknowledge that you have read, understood and agree to be bound by these Online Terms.
    • The Website enables you to shop online for Products including but not limited to baby goods, equipment and accessories, excluding consumables, and as further described in the specific Product description on the Website (“Products“).
    • These Online Terms apply to users who are, in most cases, defined as consumers for purposes of the Consumer Protection Act, 68 of 2008, as amended from time to time (“CPA“).
    • In the event that these Online Terms do apply to users who are consumers, then your attention is drawn to the fact that these Online Terms contain provisions which:
      • may limit or exclude the risk or liability of Born Fabulous or a third party; and/or
      • may imply and/or create risk or liability for and/or on you; and/or
      • may oblige you to indemnify Born Fabulous or a third party; and/or
      • constitutes an acceptance and acknowledgement by you of a fact, or facts.
    • If there is any provision in these Online Terms that you do not understand, it is your responsibility to ask Born Fabulous to explain it to you before you accept the Online Terms or continue using the Website.
    • Born Fabulous permits the use of the Website subject to the Online Terms.
    • By using the Website in any way, you shall be deemed to have accepted all the Online Terms unconditionally.
  • Returns and Defective Products
    • Provided that the Products are in the packaging in which they were delivered, and are unopened, Born Fabulous will accept the return of such Products, however, such return shall at all times be subject to the remaining terms and conditions of these Online Terms.
    • In the event that Born Fabulous accepts the return of any item of Product, a 10% handling fee may apply to such return and you will be liable to make payment of this handling fee on receipt of written demand by Born Fabulous to make payment of such handling fee.
    • Subject to the aforegoing, Born Fabulous may stipulate certain return policies for certain Products as these return policies must be in alignment with the manufactures return policies and as such, Born Fabulous reserves its rights to amend such return policies from time to time.
    • The time frame applicable to any warrantees and guarantees shall commence from the date on which the Invoice is generated by Born Fabulous in respect of an accepted Sales order.
    • In the event that a Product is defective, please immediately contact Born Fabulous at info@bornfabulous.co.za in order for Born Fabulous to advise you on the specific warranty policy applicable to that Product, which shall be incorporated herein by reference, as each item of Product has specific, and possibly differing, warranty policies.
  • User Registration and use of the website
    • Only users who have registered an account and/or profile may order Products on the Website.
    • When registering your account you will be required to create a username and a password, as well as input other details that are dealt with below under privacy. When creating or registering your account you must:
      • only create an account for you, and not for, or on behalf of, any other person;
      • not pretend to be, or misrepresent yourself or your business as any other person; and
      • not create a username that is the name of any other person, vulgar, offensive or in any way unlawful.
    • Any and all information that you supply on the Website must be true and correct and you warrant in favour of Born Fabulous that the information that you supply is true and correct.
    • Your account must be password protected and you are solely responsible for safeguarding your password. Born Fabulous encourages you to make use of an alphanumeric password.
    • Your password may not be given to, or used by, any other person other than you and you are solely responsible and liable for the access and use of your account.
    • As soon as you become aware of the use of your account by any other person you must immediately notify us of such use, in writing, by sending an email to info@bornfabulous.co.za.
    • You agree that you will not in any way:
      • use any device, software or other means or method to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way, whether by means of an automatic or manual method, monitor, copy, distribute or modify the Website or the information contained therein, without the prior written consent from Born Fabulous;
      • use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise in any manner whatsoever unlawful; and
      • display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Born Fabulous representative.
    • sales and stock availability
      • You may place sales orders for Products, which Born Fabulous may accept or reject.
      • Born Fabulous reserves it rights to either accept or reject a sales order based on the availability of Products, the correctness of the information relating to the Products and whether payment has been received to the satisfaction of Born Fabulous.
      • Born Fabulous will accept your sales order by issuing you with an invoice.
      • On the date of invoice, a binding agreement of sale will come into effect between you and Born Fabulous.
      • If Born Fabulous rejects your order it will do so by sending you a notice of cancelation of sales order, and to the extent that Born Fabulous has already received payment for the cancelled sales order, Born Fabulous shall refund you the amount paid by you to Born Fabulous in respect of the cancelled sales order.
      • Unfortunately, Born Fabulous cannot deliver any items of Product outside of the Republic of South Africa, and in the event that you wish to purchase an item of Product and require delivery outside of the Republic of South Africa, please contact us on info@bornfabulous.co.za, and we will try and assist you if possible.
      • You may cancel a sales order at any time provided you do so before receiving an invoice. After delivery or your collection of the Products, you may return the Products only in accordance with the returns policy detailed in clause 2 above.
      • You acknowledge and agree that stock of all Products may be limited and that pricing may change at any time without notice to you.
      • Born Fabulous cannot guarantee the availability of stock. When Products are no longer available after you have placed an order, Born Fabulous will notify you and you will be entitled to a refund of any amount already paid by you for such Products.
      • We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Products on the Website. However, should there be any errors of whatsoever nature on the Website, we shall not be liable for any loss, claim or expense relating to a transaction based on any error.
      • Products may not be purchased for re-sale. Should we suspect that any such Products are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
    • Payment
      • Payment must always be made in South African Rands, as Born Fabulous trades in South African Rands, and can be made for Products via the following methods:
        • debit card;
        • credit card; and
        • any other payments allowed for or provided for by Born Fabulous on the Website from time to time.
      • Born Fabulous will not accept any cheque deposits whatsoever.
      • Any policies relating to delayed payments allowed, or provided, for by Born Fabulous, shall be allowed and/or provided for by Born Fabulous at Born Fabulous’ sole and absolute discretion and shall be subject to change at any time.
      • In any event, you warrant that you are fully authorised to use the debit and/or credit card supplied for purposes of paying the Products. You also warrant that your debit and/or credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website. Born Fabulous will not accept your order if payment has not been received and as such, in the event that you make a direct bank deposit, alternatively an electronic funds transfer, Born Fabulous will only process your order once payment has been received by Born Fabulous.
      • In order to process your payment you may be redirected to a third party website to affect such payment, Born Fabulous cannot accept any liability whatsoever for the processing of payments by a third party.
    • Delivery of Products
      • Born Fabulous may deliver the Products to you, and at your election via either:
        • courier; or
        • self-collection from the offices of Born Fabulous, or, in Born Fabulous’ sole and absolute discretion, from the stockists of the Products nearest to your physical address.
      • Delivery charges are subject to change at any time, without prior notice to you.
      • Born Fabulous will, if your order is accepted, deliver the Products to you as soon as reasonably possible, and generally within 3 to 5 Business Days, after receipt of your payment. We will notify you if we are unable to deliver the Products for any reason.
      • Born Fabulous’ obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Furthermore, it is your obligation to ensure that the information, such as date, time and physical address, provided by you to Born Fabulous (via the method determined by Born Fabulous from time to time), or any third party providing delivery services to Born Fabulous, is accurate and that you, or a third party acting on your behalf, is available to accept delivery in accordance with the information you have provided. Any costs incurred by Born Fabulous in the redelivery of the Products to you shall be for your account.
      • If, for any reason there is a delay with the delivery of the Products to you, you are obliged to inform Born Fabulous, by sending an email to info@bornfabulous,co.za, advising Born Fabulous of the delay and in order to enable Born Fabulous to take such steps as are required to ensure that delivery can take place as timeously as possible.
      • Born Fabulous is not responsible for any loss or damage or use of a Product, after it has delivered the Product to your delivery address, and you must inspect the Products on delivery and you shall have accepted the Product and acknowledged them to be free of any defects whatsoever by signing the delivery receipt.
    • Privacy policy
      • Born Fabulous will do everything within reason to protect any private and/or confidential information supplied by you during your use of the Website.
      • Born Fabulous may require you to provide us with personal information which includes but is not limited to your:
        • name and surname;
        • email address;
        • physical address;
        • gender;
        • mobile telephone number;
        • date of birth;
        • childs details, gender weight height age no personally identifiable information and for research and support purposes; and
        • only if appropriate, details of and information about your pregnancy.
      • Should your personal information change you are required to advise of us such changes in order for us to properly provide you with the services offered on the Website.
      • Born Fabulous will, in dealing with and handling your personal information, comply with applicable legislation.
      • Save as stated above, and to the extent that same does not contravene any applicable legislation, Born Fabulous may be required to disclose your personal information to a third party in the following circumstances:
        • to employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Products or when delivering Products to you;
        • to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property;
        • to law enforcement and/or government officials and/or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, or in compliance with our obligations in terms of any applicable legislation; and
        • to our suppliers in cases of defective Products.
      • Born Fabulous undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
      • Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control.
      • 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 Born Fabulous, Born Fabulous 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 Website may make use of cookies to automatically collect information and data. If you do not disable cookies, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause.
    • Ownership and copyright
      • The contents of the Website, including any material, information, data, software, 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 (“Website Content“) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Born Fabulous, its advertisers and/or sponsors and/or is licensed to Born Fabulous.
      • 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 Online Terms or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via email at info@bornfabulous.co.za.
      • Where any of the Website Content has been licensed to Born Fabulous or belongs to any third party, your rights of use will also be subject to any Online Terms which that licensor or third party imposes from time to time and you agree to comply with such third party Online Terms.
    • Disclaimer
      • The use of the Website is entirely at your own risk and you assume any and all liability for any loss resulting from use of the Website or reliance on any information on the Website.
      • Whilst Born Fabulous takes reasonable measures to ensure that the content of the Website is accurate and complete, Born Fabulous 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. If any such representations or warranties are made by Born Fabulous’ representatives, Born Fabulous shall not be bound thereby.
      • Born Fabulous hereby excludes liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
      • Although Products sold from the Website may, under certain specifically defined circumstances, be under warranty and/or subject to certain guarantees, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
      • Any views or statements made or expressed on the Website are not necessarily the views of Born Fabulous, its directors, employees and/or agents.
      • In addition to the limitations and exclusions of liability contained in these Online Terms, Born Fabulous also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses and/or any other malicious code or applications (“Virus”), which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise 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 (“Infect”). You accept all risk associated with the existence of such Viruses, which is able to Infect a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Born Fabulous, its employees, agents or authorised representatives. Born Fabulous excludes all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
    • 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 Online Terms do not apply to those Third Party Websites and Born Fabulous is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
      • Notwithstanding the fact that the 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
      • Born Fabulous cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Born Fabulous, its employees, agents or authorised representatives, and prices are always subject to change without prior notification to you. You are encouraged to contact us to report any possible malfunctions with or errors on the Website by way of email to info@bornfabulous.co.za.
      • Born Fabulous shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Website or the content contained in the Website, or your inability to use the Website, and/or unlawful activity on the Website and/or any linked third party website.
      • You hereby indemnify Born Fabulous 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.
    • Availability and termination
      • We will use reasonable endeavours 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.
      • Born Fabulous may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Born Fabulous will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
      • If you fail to comply with your obligations under these Online Terms, including any incident involving payment of the price of an order for any Products, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
      • Born Fabulous is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Born Fabulous to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Born Fabulous, in whole or in part, on notice to you. Born Fabulous shall only be liable to refund monies already paid by you (see Born Fabulous’ Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
      • At any time, you can choose to stop using the Website, with or without notice to Born Fabulous.
    • Governing law and jurisdiction
      • These Online Terms and our relationship and/or any dispute arising from or in connection with these Online Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
      • In the event of any dispute arising between you and Born Fabulous, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (South Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
      • Nothing in this clause 13 or elsewhere in these Online Terms limits your right to approach any court, tribunal or forum of competent jurisdiction as detailed in the CPA.
    • Notices
      • Born Fabulous hereby selects Unit 20, Saligna Park, 3 Saligna Street, Boksburg, as its address for the service of all formal notices and legal processes in connection with these Online Terms. Born Fabulous may change this address from time to time by updating these Online Terms.
      • You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Born Fabulous not less than 7 days’ notice in writing.
      • Notices must be sent either by prepaid registered post or email.
      • All notices sent:
        • by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and
        • by email will be deemed to have been on the date that such email was sent by a party.
      • Required Information
        • Born Fabulous’ contact information, which is to be read with any other details information contained on the Website, is as follows:
          • Full name: Born Fabulous Proprietary Limited, Registration Number: 2015/104540/07;
          • Business: Online retailer;
          • Physical address for receipt of legal service (also postal and street address): Unit 20, Saligna Park, 3 Saligna Street, Boksburg;
          • Phone number: +27 11 823 6592 ; and
          • Email address: info@bornfabulous.co.za
        • General
          • Born Fabulous 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.
          • You may not cede, assign or otherwise transfer your rights and obligations in terms of these Online Terms to any third party.
          • Born Fabulous may, in its sole discretion, change any of these Online Terms at any time, and which amended Online Terms will be deemed to be effective and binding on the date that such amended Online Terms are published on the website. Should you not agree with the amended Online Terms then you must not make use of the Website in any manner whatsoever. If you use the Website after such amended Online Terms have been displayed on the Website, you will be deemed to have accepted such changes.
          • Any failure on the part of you or Born Fabulous 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 Online Terms will remain in full force and effect.
          • No variation, addition, deletion, or agreed cancellation of the Online Terms 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 show grant or allow to the other shall constitute a waiver by that Party of any of its rights and it 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.
          • These Online Terms contain the whole agreement between you and Born Fabulous and no other warranty or undertaking is valid and/or binding.

 

Date Published: 3rd May 2017