TERMS OF USE OF THE TOYS R US AND BABIES R US WEBSITE
Agreement
Welcome to Toys R Us and Babies R Us (www.toysrus.co.za). Toys R Us and BabiesR Us (www.toysrus.co.za) is operated by Redgwoods and Digital Planet (Pty)Limited (the Mall Operators). For ease of reference the parties will jointly bereferred to as “the Mall Operators” / “we” / “us”. All affiliates (suppliersand service providers) provide their services to you subject to the conditionsdetailed in this agreement. By using the Toys R Us and Babies R Us(www.toysrus.co.za) website and/or registering to shop on Toys R Us and BabiesR Us (www.toysrus.co.za) you confirm that you have familiarized yourself withthe terms and conditions governing the conduct of parties accessing or usingthe Toys R Us and Babies R Us (www.toysrus.co.za) website to trade and that youagree to be bound by these terms and conditions.
Should you not agree to the terms and conditions stipulated you may not use theToys R Us and Babies R Us (www.toysrus.co.za) website.
Your access to the Toys R Us and Babies R Us (www.toysrus.co.za) website anduse of any services provided by Toys R Us and Babies R Us (www.toysrus.co.za)including any purchases made by you from Toys R Us and Babies R Us(www.toysrus.co.za) are subject to terms and conditions established under thefollowing headings:
• Terms of Use of Toys R Us and Babies R Us(www.toysrus.co.za) Website
• Terms of Trade with Toys R Us and Babies R Us(www.toysrus.co.za)
• Privacy and Security Statement
• Intellectual Property Statement
• Dispute Resolution
• Compliance with Statutory Consumer Protection Provisions
• Contact Information
Terms of Use of Toys R Us and Babies R Us (www.toysrus.co.za) Website
The Mall Operators grant you a limited license to access and make personal useof the Toys R Us and Babies R Us (www.toysrus.co.za) website. You are notallowed to modify (other than page caching) the website or any portion thereofwithout the prior written consent of the Mall Operators.
This license does not permit any resale or commercial use of the Toys R Us andBabies R Us (www.toysrus.co.za) website or its contents; any collection and useof any product listings, descriptions, or prices; any derivative use of theToys R Us and Babies R Us (www.toysrus.co.za) website or its contents; anydownloading or copying of account information for the benefit of anothermerchant; or any use of data mining, robots, or similar data gathering andextraction tools.
The Toys R Us and Babies R Us (www.toysrus.co.za) website or any portion of theToys R Us and Babies R Us (www.toysrus.co.za) website may not be reproduced,duplicated, copied, sold, resold, visited, or otherwise exploited for anycommercial purpose without the prior written consent of the Mall Operators.
You may not frame or utilize framing techniques to enclose any trademark, logo,or other proprietary information (including images, text, page layout, or form)of the website or our affiliates without prior written consent.
You may not use any meta tags or any other "hidden text" utilizingthe Toys R Us and Babies R Us (www.toysrus.co.za) name or trademarks associatedwith the Toys R Us and Babies R Us (www.toysrus.co.za) website without theprior written consent of the Mall Operators. Any unauthorized use terminatesthe permission or license granted by the Mall Operators.
You are granted a limited, revocable, and nonexclusive right to create ahyperlink to the home page of the Toys R Us and Babies R Us (www.toysrus.co.za)website so long as the link does not portray the Mall Operators, theiraffiliates, or their products or services in a false, misleading, derogatory,or otherwise offensive matter. You may not use any Toys R Us and Babies R Us(www.toysrus.co.za) logo or other proprietary graphic or trademark owned by theMall Operators, or those of their affiliates, as part of the link without priorwritten permission of the owner of the graphic or trademark.
Toys R Us and Babies R Us (www.toysrus.co.za) may provide links from the Toys RUs and Babies R Us (www.toysrus.co.za) website to other websites which mayoffer services to you. The Mall operators are not responsible for evaluatingthe content or offerings made on these websites. The Mall Operators do notendorse or warrant the offerings of any of the businesses or individuals, norare they responsible for the content of the websites to which links may beprovided, or that of any third party websites, which may be accessed throughthese linked websites. No liability will be attributed to the Mall Operatorsfor any dealings with any other websites accessed through links provided byToys R Us and Babies R Us (www.toysrus.co.za) and you are solely responsiblefor assessing the terms and conditions and privacy provisions of any of thesewebsites.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE TOYS R US AND BABIES R US (WWW.TOYSRUS.CO.ZA) WEBSITE IS PROVIDED BY THEMALL OPERATORS ON AN "AS IS" AND "AS AVAILABLE" BASIS.NEITHER THE MALL OPERATORS, NOR THEIR DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS,OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE TOYS R US AND BABIES R US(WWW.TOYSRUS.CO.ZA) WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTSINCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TOYS R US ANDBABIES R US (WWW.TOYSRUS.CO.ZA) WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY SOUTH AFRICAN LAW, THE MALL OPERATORS THEIRDIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS DISCLAIM ALLWARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIEDWARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE MALLOPERATORS DO NOT WARRANT THAT THE TOYS R US AND BABIES R US (WWW.TOYSRUS.CO.ZA)WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM TOYS R US AND BABIES R US(WWW.TOYSRUS.CO.ZA) ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. THE MALLOPERATORS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USEOF THE TOYS R US AND BABIES R US (WWW.TOYSRUS.CO.ZA) WEBSITE, INCLUDING, BUTNOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIALDAMAGES. IN NO EVENT SHALL THE MALL OPERATORS, THEIR DIRECTORS, EMPLOYEES,OFFICERS, OR THEIR SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS ORANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR INCONNECTION WITH THE USE OF THE TOYS R US AND BABIES R US (WWW.TOYSRUS.CO.ZA)WEBSITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDINGNEGLIGENCE). THE LIABILITY OF THE MALL OPERATORS THEIR DIRECTORS, EMPLOYEES,OFFICERS, SUPPLIERS, AND SERVICE PROVIDERS TO YOU OR ANY THIRD PARTIES IN ANYCIRCUMSTANCE IS LIMITED TO R5 000.00.
Applicable law
The Toys R Us and Babies R Us (www.toysrus.co.za) website and allcommunications and transactions concluded using the website, are governed by,and you agree to, the application of the laws of the Republic of South Africa.As the website is targeted at South African citizens and residents anylimitations on implied warranties or the exclusion or limitation of certaindamages which may be applicable under the laws of any other jurisdiction areexpressly waived by you, and to the extent that they cannot be waived, youshall not enter into any transactions with Toys R Us and Babies R Us (www.toysrus.co.za).
TERMS OF TRADE WITH TOYS R US AND BABIES R US (WWW.TOYSRUS.CO.ZA)
Invitation to do business
The products or services which appear on the Toys R Us and Babies R Us(www.toysrus.co.za) website are displayed as an invitation to do business andto allow you to make an offer to purchase the products or services to Toys R Usand Babies R Us (www.toysrus.co.za). Only when the Mall Operators havecommunicated acceptance of your offer and capability to fulfill the order willan enforceable agreement of sale be transacted. This communication ofacceptance from the Toys R Us and Babies R Us Operators can only becommunicated to you once we have confirmed stock and pricing from oursuppliers.
The price of any products or services sold through Toys R Us and Babies R Us(www.toysrus.co.za) shall be confirmed on the acceptance of your order. Despiteour best efforts, a small number of the products or services offered on thewebsite may be mispriced.
• If the correct price is lower than our stated price, wewill charge the lower amount provided that the price difference is not toohigh.
• If the correct price is higher than our stated price, wewill be entitled to adjust the price to reflect the correct value.
IMPORTANT: If any products or services are supplied and delivered to youdirectly by, or through, a third party, even though access to the products andservices is gained through the Toys R Us and Babies R Us (www.toysrus.co.za)website, the supply of these products and services may be subject to conditionswhich differ from those governing the terms of trade with Toys R Us and BabiesR Us (www.toysrus.co.za). You shall be solely responsible for ensuring that youunderstand and agree to the terms and conditions governing the sale of theseproducts and services.
IMPORTANT: Online prices differ from Toys R Us in-store prices.
Place and time of agreement
Agreement as to the terms of use of the Toys R Us and Babies R Us(www.toysrus.co.za) website shall be deemed to have be accepted by you at thetime that you first accessed the Toys R Us and Babies R Us (www.toysrus.co.za)website and thereafter confirmed each time that you access the Toys R Us andBabies R Us (www.toysrus.co.za) website.
Agreement to use the Toys R Us and Babies R Us (www.toysrus.co.za) website andthose governing all transactions that may be effected using the Toys R Us andBabies R Us (www.toysrus.co.za) website shall be deemed to have taken place inJohannesburg.
All communications with Toys R Us and Babies R Us (www.toysrus.co.za)facilitated by the Toys R Us and Babies R Us (www.toysrus.co.za) website, theDigital Planet (Pty) Ltd call center, or email communicated between you andToys R Us and Babies R Us Operators shall be deemed to have been received, inthe case of communications initiated by Toys R Us and Babies R Us (www.toysrus.co.za),when the communication leaves the Toys R Us and Babies R Us (www.toysrus.co.za)website or email server, and in the case of communications initiated by you,when it is received on the Toys R Us and Babies R Us (www.toysrus.co.za)website or email server. Acceptance by the Mall Operators of an order placed byyou shall be deemed to have been made and an agreement entered into, whencommunication of the acceptance leaves the Toys R Us and Babies R Us(www.toysrus.co.za) website or email server.
Your order may be cancelled at any time.
IMPORTANT: If any products or services are supplied and delivered to youdirectly by, or through, a third party, even though access to the products andservices is gained through the Toys R Us and Babies R Us (www.toysrus.co.za)website, the supply of these products and services may be subject to conditionswhich differ from those governing the terms of trade with Toys R Us and BabiesR Us (www.toysrus.co.za). You shall be solely responsible for ensuring that youunderstand and agree to the terms and conditions governing the sale of theseproducts and services.
Place and time of agreement
Agreement as to the terms of use of the Toys R Us and Babies R Us(www.toysrus.co.za) website shall be deemed to have be accepted by you at thetime that you first accessed the Toys R Us and Babies R Us(www.toysrus.co.za) website and thereafter confirmed each time that you accessthe Toys R Us and Babies R Us(www.toysrus.co.za) website.
Agreement to use the Toys R Us and Babies R Us (www.toysrus.co.za) websiteand those governing all transactions that may be effected using the Toys R Usand Babies R Us (www.toysrus.co.za) website shall be deemed to have taken placein Johannesburg.
All communications with Toys R Us and Babies R Us (www.toysrus.co.za)facilitated by the Toys R Us and Babies R Us (www.toysrus.co.za) website,the Toys R Us and Babies R Us (www.toysrus.co.za) call center, or emailcommunicated between you and Toys R Us and Babies R Us (www.toysrus.co.za)shall be deemed to have been received, in the case of communications initiatedby Toys R Us and Babies R Us (www.toysrus.co.za), when the communicationleaves the Toys R Us and Babies R Us (www.toysrus.co.za) website or emailserver, and in the case of communications initiated by you, when it is receivedon the Toys R Us and Babies R Us (www.toysrus.co.za) website or email server.Acceptance by Toys R Us and Babies R Us (www.toysrus.co.za) of an orderplaced by you shall be deemed to have been made and an agreement entered into,once a product leaves the Toys R Us and Babies R Us(www.toysrus.co.za) premisesdestined for you. If only part of an order leaves our premises, only thatportion of the order is deemed as accepted. Toys R Us and Babies R Us(www.toysrus.co.za) can cancel any order at any time. Orders will not be keptfor longer than 3 weeks.
Returns on Software, Games, and DVDs will not be accepted if the product hasbeen opened.
Manufacturers considers all Displays (laptop screens and LCDs included) to bein good working order if there are 7 or less dead pixels and these thereforecannot be returned to Toys R Us and Babies R Us for refund or repair.
Backorders
Due to the popularity of some products or services, the Mall Operators may notalways have a products or services ordered by you in stock. Mall Operators willaccept orders for out of stock products or services to ensure that you will beable to receive the item once it becomes available. If the products andservices ordered by you are not available or only a portion is available, youmay cancel the order, or re-order the quantity that is available, or place abackorder. Once the products or services become available, it will be shippedto you. Backorders will not be kept for over 3 weeks.
Electronic communications
When you visit Toys R Us and Babies R Us (www.toysrus.co.za) or send e-mails tous, you are communicating with us electronically. You consent to receivecommunications from us electronically. The Mall Operators will communicate withyou by e-mail or by posting notices on the Toys R Us and Babies R Us(www.toysrus.co.za) website. You agree that all agreements, notices,disclosures and other communications that we provide to you electronicallysatisfy any legal requirement that such communications be in writing. Further,that your acceptance of any terms or conditions applicable to the Toys R Us andBabies R Us (www.toysrus.co.za) website and transactions concluded using theToys R Us and Babies R Us (www.toysrus.co.za) website, as well as your intentto enter into any transaction on Toys R Us and Babies R Us (www.toysrus.co.za),may be evidenced by any action by you from which this may reasonably beinferred.
Registration
Before you may make an offer to purchase any of the products or servicesprovided by Toys R Us and Babies R Us (www.toysrus.co.za) it is necessarythat you register as a purchaser. Registration as a purchaser is restricted toindividuals who may legally enter into binding and enforceable agreements. Noperson under the age of 18, or not legally permitted to enter into a bindingand enforceable agreement, may register as a purchaser. Any person notpermitted to register as a purchaser but who does so, shall be guilty ofcommitting a fraud and Toys R Us and Babies R Us (www.toysrus.co.za) maytake whatever legal action it deems necessary to obtain the appropriate relief.
Registration as a purchaser is free and does not obligate you to purchaseanything or release information such as credit card numbers or bank accountdetails. In registering as a purchaser you are required toprovide Toys R Us and Babies R Us (www.toysrus.co.za) with, complete andaccurate information about yourself and you warrant that the informationprovided is correct.
Upon acceptance of your registration, an email confirmation of yourregistration as a purchaser will be transmitted to you. Transmission timesdepend on your Internet Service Provider, but it typically takes less than anhour to receive the email confirmation. If you do not receive the emailconfirmation, you should contact our call centre, the details of which arecontained under Contact information.
Password
Without a valid email address (your user identification) and password, you willnot be able to purchase products or services displayed on the Toys R Us andBabies R Us (www.toysrus.co.za) website. You are solely responsible forensuring the confidentiality of your password, which authenticates youridentity. You acknowledge this responsibility and agree that any communicationor transaction that may be made using your password, shall be attributed toyou.
If you suspect that the confidentiality of your password has been compromisedyou should immediately advise Toys R Us and Babies R Us (www.toysrus.co.za) ofthis fact by email. Toys R Us and Babies R Us (www.toysrus.co.za) shall onreceipt of the email suspend your registration pending your furtherinstructions. You shall remain responsible for all transactions effected priorto the suspension of your registration and liable for any payments that mayflow from these transactions. Termination or suspension of registration
If you are in breach of, or Toys R Us and Babies R Us (www.toysrus.co.za)believes that you may breach, any of the terms and conditions governing the useof, or trading using the Toys R Us and Babies R Us (www.toysrus.co.za) website,Toys R Us and Babies R Us (www.toysrus.co.za) may, in its absolute discretion,either suspend or terminate your registration as a purchaser.
Gift Vouchers (online vouchers)
All Toys R Us and Babies R Us issued gift vouchers are valid for 3 years from the date in which they are issued unless otherwise stated on the voucher.
- A voucher can only be used once
- A voucher cannot be used together with another voucher:
- If you have two Rand Value Vouchers then please contact usat orders@Toys R Us and Babies R Us.co.za and we will arrange a combinationvoucher.
- Any abuse of a voucher will result in us cancelling theorder and disabling further voucher use for the user on our system.
Transaction History
The transaction history may be accessed by a registered customer on the Toys RUs and Babies R Us (www.toysrus.co.za) website and is provided for informationpurposes only. This transaction history will show purchase transactions onlyand will not reflect refunds or other transactions. For a full and accuratetransaction history, email us at orders@Toys R Us and Babies R Us.co.za and wewill provide you with a faxed copy of your statement.
Within 14 days of return of the products or receipt of notice of cancellationof the agreement to deliver services, Toys R Us and Babies R Us(www.toysrus.co.za) or its authorised agents shall refund to the customer anyamounts paid by the customer less any amounts due by the customer to Toys R Usand Babies R Us (www.toysrus.co.za) as provided for above.
Disclaimer of warranties and limitation of liability and applicable law
The provisions of the Disclaimer of warranties, Limitation of liability andApplicable law relating to the use of the www.toysrus.co.za website applyequally to the remainder of this agreement.
Competitions
1) Competitions are open to residents of South Africa only and all entries must be made in the English language.
2) Anyone working for Toys R Us or any family members or associates is prohibited from entering any competitions and also any company or any professional and/or commercial entries are similarly prohibited from entering.
3) No cash alternative is available to any prize unless expressly stated otherwise.
4) The closing date for any competition is as stated on the entry form. The judges cannot accept responsibility for late entries.
5) Entrants expressly declare that they do understand these Terms and Conditions and are duly authorized to participate in the competition.
6) The editors’ and/or judges’ decision will be final. We will not enter into correspondence.
7) All entrants' information is private and will be used only in accordance with our Privacy Policy.
8) Multiple winners may be subject to a tiebreak to decide an outright winner.
9) Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.
10) Winners under 18 years old require permission from a parent/guardian to take the prize and any winner may be required to submit proof of age or prove ownership on authorised use of phone.
11) Prize is non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-drawn/next highest score etc.
12) We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration and responsibility will not be accepted for undelivered, lost or delayed text messages or postal entries nor for any network errors for which there may be delays during peak time. Proof of sending is not proof of receipt. Technical or ineligible errors will void entries.
13) If any prize offered is unavailable, we reserve the right to select alternative prizes of equivalent value and we reserve the right to modify, supplement or withdraw all or part of this competition without notice and there are no refunds for abortive games. Your statutory rights are unaffected.
14) Entrants acknowledge that in consideration of the prize offered to winners by us the winning entries may be released, displayed to the public by us or any company connected with the promotion. This will be in the form of the winner's name and city of origin. Entrants agree that we are the owner of the entire copyright, whether now existing or howsoever, arising in the future, including all the rights throughout the universe to promote, reproduce for commercial use or otherwise, edit, advertise and publicise, produce, record and reproduce by any art medium or method whether now known or later developed ('Exploitation Rights') to be exercised in our sole discretion throughout the world for the full term of copyright and other rights and all renewable and extension thereof including for the avoidance of doubt the right to register any design rights and/or trademarks.
15) Further, the entrant irrevocably and unconditionally waives all moral rights to which they may now or at any time in the future be entitled pursuant to any copyright and patents act and under any similar law in force from time to time anywhere in the world in respect of all works referred to herein.
16) By entering any competition on the site, you are agreeing to receive marketing communication from Toys R Us in the future.
AMENDMENT TO TERMS AND CONDITIONS
The Mall Operators may amend the terms and conditions governing access to theToys R Us and Babies R Us (www.toysrus.co.za) website as well as trade usingthe website. The Mall Operators shall, prior to the amendments of the terms andconditions, give registered purchasers and any third parties to whom thisagreement may apply notice of the amendments by email, or by posting the noticeof such amendments on the Toys R Us and Babies R Us (www.toysrus.co.za)website. Your continued use of the site however, will be regarded as anacceptance of the amended terms and conditions.
Advertising and Printed Material
While Toys R Us and Babies R Us makes every possible effort to ensure that allproduct information and pricing in any form of communication material isfactually correct at the time of communicating it to the public, Toys R Us andBabies R Us (www.toysrus.co.za) cannot be held responsible if any factualerrors occur. Please check pricing and specifications on the Toys R Us andBabies R Us (www.toysrus.co.za) website for any changes. All prices areinclusive of VAT unless otherwise stated. All prices exclude delivery costs.E&OE.
PRIVACY AND SECURITY STATEMENT
The Mall Operators know that you care how your personal information may becollected, processed and used; we appreciate your trust that the Mall Operatorswill do so carefully and sensibly. This notice describes the Toys R Us andBabies R Us (www.toysrus.co.za) privacy policy. By visiting Toys R Us andBabies R Us (www.toysrus.co.za), you are accepting the practices described inthis Privacy and Security statement.
• Information You Give Us: We receive and store informationyou enter on the Toys R Us and Babies R Us (www.toysrus.co.za) website or thatyou may provide on Toys R Us and Babies R Us (www.toysrus.co.za) in any othermanner. Certain of the information provided on registration is mandatory toassist us in ensuring that the communications and transactions entered intowith you may be completed effectively and lawfully.
• Automatic Information: The Toys R Us and Babies R Us(www.toysrus.co.za) website receives and stores certain types of informationwhenever you interact on the Toys R Us and Babies R Us (www.toysrus.co.za)website or communicate with Toys R Us and Babies R Us (www.toysrus.co.za) byemail. For example, like many Web sites, we use "cookies," and weobtain certain types of information when your web browser accesses Toys R Usand Babies R Us (www.toysrus.co.za).
• E-mail Communications: To help us make e-mails more useful,we may receive a confirmation when you open e-mail from the Toys R Us andBabies R Us (www.toysrus.co.za) website, if your computer supports suchcapabilities.
• By providing the information to Toys R Us and Babies R Us(www.toysrus.co.za) you consent to the Mall Operators collecting maintaining,storing and processing the information, provided that the Mall Operators shall:
• not disclose your personal information to a third partyother than to effect the transactions agreed to in using the Toys R Us andBabies R Us (www.toysrus.co.za) website without obtaining your express consentto do so;
• only disclose your personal information, without yourconsent, if legally required to do so;
• be entitled to use the information provided by you tocompile statistical or aggregated information in such a way that you may not beidentified.
• The Mall Operators shall own and retain all rights tonon-personal statistical information compiled by it.
While the Mall Operators and their affiliates shall take commerciallyreasonable care to safeguard the information provided by you on Toys R Us andBabies R Us (www.toysrus.co.za) from unauthorized access or disclosure, theMall Operators do not represent or guarantee that the safeguards will provideabsolute protection.
The Mall Operators shall not be obliged to encrypt any information sent to you,received from you or stored on your behalf or for the purposes agreed in thisagreement, unless agreed with you to the contrary, in writing.
INTELLECTUAL PROPERTY STATEMENT
Copyright in any information or trademarks displayed anywhere on the Toys R Usand Babies R Us (www.toysrus.co.za) website are protected by worldwidecopyright laws and treaty provisions. The copyright of these materials is heldby the Mall Operators or by the original creator of the materials, or bysuppliers and service providers to the Toys R Us and Babies R Us(www.toysrus.co.za) website. None of the materials may be copied, reproduced,modified, published, uploaded, posted, transmitted, or distributed in any formor by any means other than as described on the Toys R Us and Babies R Us (www.toysrus.co.za)website or with the prior written permission of the Mall Operators. All rightsnot expressly granted herein are reserved. Any unauthorized use of thematerials appearing on the Toys R Us and Babies R Us (www.toysrus.co.za)website may violate copyright, trademark and other applicable laws and couldresult in criminal or civil penalties.
DISPUTE RESOLUTION
Any dispute arising out of or in connection with this agreement including anyquestion regarding its existence, validity or termination, shall be settled bythe online dispute resolution process in accordance with the TrustEnforce.orgMediation and Arbitration rules, which rules are deemed to be incorporated byreference into this clause and may be accessed at www.trustenforce.org.
For all disputes regardless of where they arise, the place of the arbitrationis deemed to be Johannesburg. The arbitration will be governed by this clausegoverning arbitration and the arbitration laws of South Africa. The disputewill be resolved in accordance with the law of South Africa. The language usedduring the dispute resolution process will be English.
For the purposes of any arbitration and service of any legal documentation:
You choose the email address elected by you to receive delivery of the productsand Toys R Us and Babies R Us (www.toysrus.co.za) chooses feedback@Toys R Usand Babies R Us.co.za.
By using the Toys R Us and Babies R Us (www.toysrus.co.za) website andaccepting the conditions of use of the website and trade conducted using thewebsite you bind yourself to the terms of arbitration provided in thisagreement.
COMPLIANCE WITH STATUTORY CONSUMER PROTECTION PROVISIONS
The Mall Operators adhere to the provisions of Chapter VII of the ElectronicCommunications and Transactions Act 25 of 2002 (“the Act”). Chapter VII of theAct provides protection to consumers and the provisions of the Act relevant tocommercial transactions that may be effected on the Toys R Us and Babies R Us(www.toysrus.co.za) website, as well as the information required in terms ofthe Act, are provided for your reference.
Return of products or cancellation of service agreements
The Mall Operators shall, subject to the exclusions provided for below and theprovisions relating to any return of products or cancellation of a serviceagreement, allow the return of products or cancellation of a service agreement,within ten days of the date of receipt by you of the products or the conclusionof an agreement to provide services.
Exclusions from return of products or cancellation of service agreements
The provisions of this agreement relating to the return of goods andcancellation of any agreement to provide services shall not apply if:
• any products and services are acquired by auction;
• the supply of products which comprise foodstuffs, beverages,or other goods intended for everyday consumption at the home or workplace ofthe customer;
• to services which commenced with the customers consent,(either express or implied) prior to the expiry of the seven day period;
• where the price of the products or services depend onfluctuation in financial markets beyond the control of the Mall Operators;
• where the products are personalised or made to thecustomer’s specifications;
• where the products are perishable or will expire rapidly;
• where the products by reason of their nature cannot bereturned;
• if audio, video recordings or any form of computer softwareare either used or if supplied other than in digital form, if the seal on thestorage media is broken;
• the sale of reading material in whatever form;
• the provision of any gaming or lottery services;
• the provision of accommodation, travel, transport, cateringor leisure services if the Mall Operators or its agents or suppliers undertaketo provide these services on a specific date or within or for a specific period
• the product is a voucher of any kind
Discovery Card
Cash back limits and terms and conditions apply according to Vitality status.For more information on how the cash back is calculated, please visitwww.discovery.co.za
Disclaimer: DiscoveryCard is operated by Vitality HealthStyle (Pty) Ltd.Registration number: 1999/07736/07, trading as Discovery Vitality. Anauthorised financial services provider under the license of FirstRand BankLimited. An authorised financial services and registered credit provider.Company Reg. No. 1929/001225/06, NCA Reg No. NCRCP20. Terms and conditionsapply
Customers’ obligations on return of products and services
If a customer cancels any transaction in respect of which delivery of theproducts or services (to the extent that the may be returned) have beendelivered, within ten days of the receipt of the products or services, thecustomer shall return to the Mall Operators or their authorised agents, theproducts, undamaged in any manner, together with all packing materials anddocumentation delivered by the Mall Operators or their agents, to the customeras well as an indication of the customers’ choice to cancel the transaction.
The customer shall refund to the Mall Operators all direct expenses incurred bythe Mall Operators or their authorised agents, in the delivery of the productsand services ordered by the customer, as well as the direct expenses incurred bythe Mall Operators or their authorised agents in accepting return of theproducts and cancellation of the provision of services, arising as a result ofthe return of the products or cancellation of the services ordered by thecustomer.
Toys R Us and Babies R Us (www.toysrus.co.za) obligations on return of theproducts and services
Within thirty days of return of the products or receipt of notice ofcancellation of the agreement to deliver services, the Mall Operators or theirauthorised agents shall refund to the customer any amounts paid by the customerless any amounts due by the customer to the Mall Operators as provided forabove.
Disclosures in terms of section 43 of the Act: The following information ismade available to you in compliance with Section 43 of the Act.
Directors: Neil Watson, Mark Levy
Registered Office: 98 Albertyn Ave, Wierda Valley, Sandton
Physical Address: same
Telephone Number: 0861 114 154
Website Address: www.toysrus.co.za
E-Mail Address: info@Toys R Us and Babies R Us.co.za
Self regulatory or accreditation body: none.
Address for service of all legal documents: same
Description of Services: Toys R Us and Babies R Us (www.toysrus.co.za) providesaccess to a variety of products and services that may be purchased online allof which are, or will be, described on the Toys R Us and Babies R Us(www.toysrus.co.za) website.
Price of goods: Prices are displayed in the website and are subject to Toys RUs and Babies R Us (www.toysrus.co.za)rights in respect of any mispricingstipulated in the clause dealing with Invitation to do business above. Allprices of products and services displayed on the Toys R Us and Babies R Us(www.toysrus.co.za) website are inclusive of Value Added Tax.
Payment: Payment terms and manner of payment are stipulated in the clausedealing with payment above.
Terms and conditions governing this agreement: The full Terms and Conditionsapplicable to the access and use of the services provided on the Toys R Us andBabies R Us (www.toysrus.co.za) website and any amendments thereto, shall atall times be available on the Website, save to the extent that they may bevaried in writing by the parties. These terms may be accessed on this Website,downloaded and stored, or reproduced at any time.
Delivery of products or services: The anticipated time of delivery of anyproducts or services, purchase using the Toys R Us and Babies R Us(www.toysrus.co.za) website shall be indicated at the time that any order isaccepted by Toys R Us and Babies R Us (www.toysrus.co.za). A separate deliveryfee ("the Delivery Fee") will be charged in addition to the price youpay for the goods that you purchase. You may not use the Toys R Us and Babies RUs Credit (see below) or a Toys R Us and Babies R Us voucher to pay thedelivery fee. Accordingly, the delivery fee will be due in cash irrespective ofwhether you have credit available to you for redemption on the Toys R Us andBabies R Us.
Transaction records and history: A full record of transactions effected usingToys R Us and Babies R Us (www.toysrus.co.za) shall be available to the userfor a period of 14 days from delivery of the products or services to thepurchaser by Toys R Us and Babies R Us (www.toysrus.co.za) or its agents. Youmay access this history as provided for under the clause Transaction Historyabove.
Dispute resolution: The provisions governing Dispute Resolution are stipulatedunder the clause Dispute Resolution above.
Privacy and Security: The provisions governing Privacy and Security areprovided for under the clause Privacy and Security above.
Minimum duration of Agreement: There shall be no minimum duration of agreementsentered into between users and registered purchasers to use the Toys R Us andBabies R Us (www.toysrus.co.za) website. All agreements shall endure indefinitelysubject to either parties rights to terminate the agreement. The termination ofthe agreement by either party shall be without prejudice to any rights betweenthe parties existing at the time of the termination, which shall endure beyondthe date of termination
Any provision in these terms and conditions which is or may become illegal,invalid or unenforceable in any jurisdiction affected by these terms andconditions shall, as to such jurisdiction, be ineffective to the extent of suchprohibition or unenforceability and shall be treated pro non scripto andsevered from the balance of these terms and conditions, without invalidatingthe remaining provisions of these terms and conditions or affecting thevalidity or enforceability of such provision in any other jurisdiction.