- This website can be accessed at www.tobbieandco.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Tobbie & Co (Pty) Ltd Online (RF) (Proprietary) Limited (“Tobbie & Co (Pty) Ltd”, “we”, “us” and “our”).
- These Website Terms and Conditions (“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 (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
- The Website enables you to shop online for an extensive range of baby and toddler products(“Goods”).
- Tobbie & Co (Pty) Ltd allows third party sellers to list and sell their Goods on the Website (each a “Third Party Seller”). Tobbie & Co (Pty) Ltd will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from Tobbie & Co (Pty) Ltd. This will be made clear in the relevant clause.
- Important Notice
- These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
- These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
- may limit the risk or liability of Tobbie & Co (Pty) Ltd or a third party; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify Tobbie & Co (Pty) Ltd or a third party; and/or
- serves as an acknowledgement, by the user, of a fact.
- Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
- If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Tobbie & Co (Pty) Ltd to explain it to you before you accept the Terms and Conditions or continue using the Website.
- Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Tobbie & Co (Pty) Ltd in terms of the CPA.
- Tobbie & Co (Pty) Ltd 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. You must not use this Website if you do not agree to the Terms and Conditions.
3. Returns & Refunds
- All goods sold by Tobbie & Co (Pty) Ltd does NOT carry a manufacturer’s warranty, unless otherwise stated on the product information page.
- Tobbie & Co (Pty) Ltd does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before placing orders.
- The provision of goods and services by Tobbie & Co (Pty) Ltd is subject to availability. In cases of unavailability, Tobbie & Co (Pty) Ltd will refund the client
in full within 60 days.
- Customers who wish to make a warranty claim must comply with the manufacturer’s instructions and warranty procedures
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 Tobbie & Co (Pty) Ltd. 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.
- You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorized or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
- You agree to notify Tobbie & Co (Pty) Ltd immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
- By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
- You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way 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 authorized Tobbie & Co (Pty) Ltd representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
- 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 the express prior written consent of an authorized Tobbie & Co (Pty) Ltd representative.
5. Conclusion of sales and availability of stock
- Registered users may place orders for Goods, which Tobbie & Co (Pty) Ltd or the Third Party Seller may accept or reject. Whether or not Tobbie & Co (Pty) Ltd or the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorization by Tobbie & Co (Pty) Ltd for the Goods.
- NOTE: Tobbie & Co (Pty) Ltd or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Tobbie & Co (Pty) Ltd or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Tobbie & Co (Pty) Ltd stating that your order or payment has been confirmed. Tobbie & Co (Pty) Ltd will indicate the rejection of your order (by Tobbie & Co (Pty) Ltd itself or the Third Party Seller) 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 cancel the Sale only in accordance with the Returns Policy.
- Any order of a television will be subject to the condition that we obtain from you your valid TV license number and your account holder ID. If we do not receive your TV license number and your account holder ID, or your TV license number cannot be validated, we will be unable to process you order. Should we not be able to validate you TV license within 30 days from date of purchased your order will automatically be cancelled.
- Placing Goods in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Tobbie & Co (Pty) Ltd or the Third Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
- You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Tobbie & Co (Pty) Ltd, Tobbie & Co (Pty) Ltd 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. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, Tobbie & Co (Pty) Ltd will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
- In the case of Goods for sale by a Third Party Seller, Tobbie & Co (Pty) Ltd relies on inventory information supplied by the relevant Third Party Seller and Tobbie & Co (Pty) Ltd accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.
- Certain Goods may not be purchased for re-sale. Should we suspect that any Goods are being purchased for sale, we are entitled to cancel your order immediately without notice to you.
- Please see details relating to Pre-orders in our FAQ’s: Pre-Order, which are incorporated by reference.
- All prices displayed on the website is in South African Rand (ZAR) and all transactions will be in South African Rand (ZAR)
- We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
- Whether the Goods are for sale by Tobbie & Co (Pty) Ltd or a Third Party Seller, payment can be made for Goods via –
- All prices displayed on the website is in South African Rand (ZAR) and all transactions will be in South African Rand (ZAR)
- Card Payment may be made via Visa, MasterCard.
- Card transactions will be acquired for Tobbie & Co (Pty) Ltd via PayFast (Pty) Ltd who are the approved payment gateway for all South African
Acquiring Banks. PayFast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the
website. Users may go to www.PayFast.co.za to view their security certificate and security policy.
- Credit card: where payment is made by credit card, we may require additional information in order to authorize and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorization is obtained by us for the amounts. If we do not receive authorization your order for the Goods will be cancelled. You warrant that you are fully authorized to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
- Direct bank deposit or electronic funds transfer: If you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Tobbie & Co (Pty) Ltd will not accept your order if payment has not been received;
- Instant EFT;
- Cheque deposits: No cheque deposits will be accepted for payment.
- The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment, which are incorporated by reference.
- You may contact us via email at email@example.com to obtain a full record of your payment. We will also send you email communications about your order and payment.
- Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
7. Delivery of goods
- Tobbie & Co (Pty) Ltd offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
- courier; or
- Please see details of our delivery and shipping terms and conditions in our Delivery Information section, which are incorporated by reference.
- Where it accepts your order, Tobbie & Co (Pty) Ltd or the Third Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
- Tobbie & Co (Pty) Ltd.’s 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. Tobbie & Co (Pty) Ltd is not responsible for any loss or unauthorized use of a product, after it has delivered the product to the physical address nominated by you.
- We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
- Tobbie & Co (Pty) Ltd shall not be bound by any incorrect information regarding our products displayed on any third party websites.
- Product Images are for illustration purposes only and may differ from the actual products.
9. Third Party Sellers
- Tobbie & Co (Pty) Ltd will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. In such cases Tobbie & Co (Pty) Ltd only provides the platform to facilitate transactions between Third Party Sellers and Tobbie & Co (Pty) Ltd customers. Tobbie & Co (Pty) Ltd is neither the buyer nor the seller of these Goods unless otherwise specified.
- The Sale formed on acceptance of your order (in accordance with clause 5.2) for Goods that are for sale by a Third Party Seller is therefore solely between the registered user and such Third Party Seller. Tobbie & Co (Pty) Ltd is not a party to that sale.
- The Third Party Seller is solely responsible for fulfilment of delivery of the Goods. The Third Party Seller is also responsible to provide an invoice to the registered user if required.
- Not all Third Party Sellers are registered VAT (Value-Added Tax) vendors. Only Third Party Sellers who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a Third Party Seller is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.
- Because Tobbie & Co (Pty) Ltd wants the registered user to have a safe and consistent experience, Tobbie & Co (Pty) Ltd will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the Sale between a registered user and a Third Party Seller on behalf of the Third Party Seller according to Tobbie & Co (Pty) Ltd.’s own Returns Policy. Should such claim escalate into being a dispute, although Tobbie & Co (Pty) Ltd is entitled to become involved in an attempt to resolve it, Tobbie & Co (Pty) Ltd is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone.
10. Changes to these Terms and Conditions
- Tobbie & Co (Pty) Ltd 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.
11. Electronic communications
12. 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 (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Tobbie & Co (Pty) Ltd, its advertisers and/or sponsors and/or is licensed to Tobbie & Co (Pty) Ltd.
- 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 authorized 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 via email at firstname.lastname@example.org.
- Where any of the Website Content has been licensed to Tobbie & Co (Pty) Ltd 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.
- 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.
- Whilst Tobbie & Co (Pty) Ltd takes reasonable measures to ensure that the content of the Website is accurate and complete, Tobbie & Co (Pty) Ltd 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 Tobbie & Co (Pty) Ltd.’s representatives, Tobbie & Co (Pty) Ltd shall not be bound thereby.
- Tobbie & Co (Pty) Ltd disclaims 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 Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, 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 Tobbie & Co (Pty) Ltd, its directors, employees and/or agents.
- In addition to the disclaimers contained elsewhere in these Terms and Conditions, Tobbie & Co (Pty) Ltd also 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. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation or content of 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 willful misconduct of Tobbie & Co (Pty) Ltd, its employees, agents or authorized representatives. Tobbie & Co (Pty) Ltd thus disclaims 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.
14. 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 Tobbie & Co (Pty) Ltd 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.
15. Limitation of liability
- Tobbie & Co (Pty) Ltd 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 willful misconduct of Tobbie & Co (Pty) Ltd, its employees, agents or authorized representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to email@example.com.
- TOBBIE & CO (PTY) LTD 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 TOBBIE & CO (PTY) LTD 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.
16. 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.
- Tobbie & Co (Pty) Ltd may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Tobbie & Co (Pty) Ltd 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 Terms and Conditions, including any incident involving payment of the price of an order for any Goods, 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.
- Tobbie & Co (Pty) Ltd 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 Tobbie & Co (Pty) Ltd 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 Tobbie & Co (Pty) Ltd, in whole or in part, on notice to you. Tobbie & Co (Pty) Ltd shall only be liable to refund monies already paid by you (see Tobbie & Co (Pty) Ltd.’s 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 Tobbie & Co (Pty) Ltd.
17. Governing law and 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 Tobbie & Co (Pty) Ltd, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
- Nothing in this clause 22 of the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
- Tobbie & Co (Pty) Ltd hereby selects New Redruth, Alberton as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Tobbie & Co (Pty) Ltd may change this address from time to time by updating these Terms and Conditions.
- 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 Tobbie & Co (Pty) Ltd not less than 7 days’ notice in writing.
- Notices must be sent either by hand, prepaid registered post, telefax or email 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 telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
- by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
- Full name: Tobbie & Co (Pty) Ltd, a private company registered in South Africa with registration number 2017/287047/07
- Main business: Online retailer
- Physical address for receipt of legal service (also postal and street address): Chambers on Terrace, 1 Eaton Terrace, 1st floor Terrace building,
New Redruth Alberton,
- Office bearers: Michelle Neethling
- Phone number: 011 869 3000
- Fax number: 011 869 8693
- Official email address: firstname.lastname@example.org
- PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.
Third Party Sellers’ information is available in the relevant Product listing and/or via the customer support center contactable via email at email@example.com.
- Tobbie & Co (Pty) Ltd 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 Terms and Conditions to any third party.
- Any failure on the part of you or Tobbie & Co (Pty) Ltd 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 (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.
- These Terms and Conditions contain the whole agreement between you and Tobbie & Co (Pty) Ltd and no other warranty or undertaking is valid, unless contained in this document between the parties.