Terms & Conditions
This website is operated by Amic Trading (Pty) Ltd T/A Toys R Us/Babies R Us (“Toys R Us”). By browsing our website, you as the customer acknowledges that you have read and understood these Terms And Conditions (T’s &C’s) and agree to be bound by them.
UNINTENTIONAL & OBVIOUS ERRORS
While all reasonable precautions are taken by Toys R Us & Babies R Us to provide the most accurate information on our website, in the event that we identify any inadvertent and obvious error in the price, product or service description, images, availability and any other relevant content, Toys R Us & Babies R Us will not be obliged to provide you with the affected product or service via our online store.
Toys R Us & Babies R Us will make every effort to contact and alert the customer of such an error. In such circumstances the customer will be entitled to cancel the purchase and Toys R Us & Babies R Us will provide the customer with a full refund for the amount paid.
Furthermore, while we appreciate that Toys R Us & Babies R Us website may be used as a source of research and information regarding the listed products and pricing before attending one of our many physical stores to purchase the desired goods, please note that the pricing, description and availability on the Toys R Us & Babies R Us website does not constitute an offer by any of our physical Toys R Us & Babies R Us stores. As such, our physical stores will not be obligated to honour such online pricing where it conflicts with our physical store pricing where it is determined to be, in our sole discretion, to be an unintentional and obvious error.
We therefore recommend that all customers confirm the pricing and availability with the respective store prior to visiting the store to make their purchase.
USE OF OUR WEBSITE
Our customers are welcome to browse or use our website for your own personal shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of this website, the uploading of any unlawful or damaging information or viral software or the creation of any links to our website from any other site whatsoever is strictly prohibited.
We reserve the right to suspend our website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these T’s & C’s and/or if we believe the information provided by you is untrue, inaccurate or incomplete.
USE OF OUR WEBSITE OUTSIDE OF SOUTH AFRICA
Customers who are not resident in the Republic of South Africa are welcome to use our website in accordance with these T’s & C’s and to make online purchases provided that the delivery address is within the borders of South Africa.
In order to keep customers informed of our offerings, Toys R Us & Babies R Us will store customers’ personal information on a central computer database and will use this information at their own discretion in order to:
- Share customers’ personal information with third parties who have a strategic marketing relationship with Toys R Us& Babies R Us .
- Send customers printed and electronic marketing material to inform them of special offers and products that may be of interest.
- Send customers marketing material from third parties who have a strategic marketing relationship with Toys R Us & Babies R Us .
By purchasing from our website our customers consent to:
- His/her personal information [as defined in the Protection of Personal Information Act 4 of 2013] being processed by Toys R Us & Babies R Us within Toys R Us & Babies R Us database.
- His/her personal information being shared with third parties who have a strategic marketing relationship with Toys R Us& Babies R Us .
- Receiving information which may include printed periodic statements.
- Receiving printed and electronic marketing material to inform them of special offers and products that may be of interest.
- Receiving marketing material from third parties who have a strategic marketing relationship with Toys R Us & Babies R Us . The information provided to Toys R Us & Babies R Us by our customers is processed and recorded in the Toys R Us & Babies R Us ’ customer database.
Each customer has the right, in accordance with the relevant legislation to:
- Obtain access to his/her personal information held by Toys R Us & Babies R Us .
- To request the correction, destruction or deletion of their personal information held by Toys R Us & Babies R Us .
- To object to the processing of his/her personal information.
It furthermore remains the customers’ responsibility to inform Toys R Us & Babies R Us of any changes to their personal information.
DISCOLSURE OF INFORMATION
We are entitled to use or disclose your personal information if such use or disclosure is required in order 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. In the event of a fraudulent online payment, Toys R Us & Babies R Us is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
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, unless such disclosure is as a result of our gross negligence. 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 Toys R Us & Babies R Us, Toys R Us & Babies R Us 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.
ACCURACY OF INFORMATION
All reasonable steps are taken to ensure that the information on our website is accurate and up-to-date. We do not however warrant that the content and/or information displayed is always accurate, complete and/or current. Any comments uploaded by users or any authorised experts are their opinions alone and do not necessarily represent our views, opinions, beliefs or values
RATINGS AND REVIEWS
Any comments uploaded by users or any authorised experts are their opinions alone and do not necessarily represent the views, opinions, beliefs or values of Toys R Us & Babies R Us. By uploading their review / rating the user consents to having their name and comment displayed on the website in relation to the product that the user has reviewed / rated and may be published by Toys R Us & Babies R Us in relation to the product.
Should you use the rating and review platform to display and spread any hate speech, vulgarity or any other response that is deemed to be harmful at the sole discretion of Toys R Us and Babies R Us, will be removed from our website without any further notice to the user, and may result in the users account being suspended and will be unable to fully use our website. Furthermore, should Toys R Us & Babies R Us suffer any harm as a result of the comments of the user, we reserve the right to prosecute our claim for damages against the user personally for the harm and / or loss sustained by us.
All material on www.toysrus.co.za and www.babiesrus.co.za (editorial and audio-visual) is protected by copyright. All the Website’s intellectual property rights are specifically reserved.
All rights, including but not limited to, copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this website are owned by or licensed to us. Unauthorised use, reproduction, modification and/or distribution of the content of this website is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.
ADVERTISING AND HYPERLINKS
At times there may be external hyperlinks which may appear on our website. We do not necessarily have a relationship with any third party who is linked to our web site, nor does a link signify our endorsement of the third party, its products and/or services. Your reliance on any information contained in such third party material is entirely at your own risk.
Our customers are required to register with us before placing their first order online. Please click on Register to complete the registration form. Registration and/or use of our online shopping website constitutes your acceptance and agreement to be bound by these T’s & C’s.
To register our customers will be required to provide certain information including personal details, including an email address and password. Please keep your password private. We accept no liability for any damages suffered or losses incurred from the use or misuse of your password. Our customers will be required to enter their email address and password each time you visit our online shopping site. To amend any of your details, please go to “My Account” and follow the available link provided. Should the user become reasonably aware of any unauthorised or fraudulent activity, the user should take the necessary steps to mitigate any resultant harm or loss and immediately notify Toys R Us & Babies R Us of the suspected activity. Toys R Us & Babies R Us accept no liability for any damages suffered or losses incurred from the use and / or misuse of your password.
PRODUCT SALES AND AVAILABILITY
All products displayed on our website are subject to availability and will be delivered only within the Republic of South Africa where we can accommodate deliveries. All prices shown on our website are quoted in South African Rands and are valid and effective only in the Republic of South Africa. We cannot always guarantee stock availability and will deliver a substitute product, if possible, where our customers have authorised us to do so. If we are unable to supply certain items or quantities ordered, our customers nevertheless agree to accept delivery and make payment for the items delivered. We reserve the right to discontinue and/or change the specifications of our products and services from time to time without notice. We will inform our customers as soon as possible if any products or services ordered by you are not available. Our customers will be charged the prices that are reflected online, subject to availability and your chosen delivery address. The prices include Value-Added Tax (VAT). Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations. Special promotions apply only to items on your original online order (i.e. not on items which are added after the order was placed).
We reserve the right to limit quantities of promotional products to 2 (two) per customer, while stocks last.
RETURNS AND REFUNDS
If our customers are for any reason dissatisfied with any item purchased online, you may return it to any Toys R Us & Babies R Us store within 30 days* of purchase for a full refund, replacement or exchange provided you have the original tax invoice, and it is in its original packaging. Please note that E-vouchers may be purchased online and no refunds are permitted in this regard.
It We Do Not Accept for Exchange/Refunds Before Or After the 30 Day Purchase Period:
- Used apparel;
- Scratched DVD’s or gaming discs
- Maternity Wear (unless it is not worn/sealed – original condition)
- Breast pumps, bottles, teats and dummies (unless these are unopened and the seal is clearly intact – original condition)
- Food/formula products that have been opened.
*Special conditions applicable to returns of defective/faulty products:
Defective products can be returned up to 6 months of delivery date by contacting our helpful Customer service team who will advise you accordingly.
- A “Defective Product” is one which contains a material imperfection in the manufacture or design that renders the product less acceptable, useful or safe than reasonably expected, under the circumstances. A product is in a defective condition if it is dangerous to the user or to consumer, when used in the prescribed way and/or for the purpose for which it was manufactured or designed.
- The product must be defective in itself (due to manufacture or design fault) and not damaged due to inappropriate use.
- When returning a product after the 30 day standard returns period, a customer must provide full reasons for alleging that the product is defective, comply with the standard returns policy and, including stating how the product was utilised during the period that it was in the customer’s possession.
Deliveries are made Monday to Friday, 10 am - 5 pm. Toys R Us & Babies R Us does not deliver on public holidays and over weekends.
Please visit Frequently Asked Questions (FAQs) to read more about delivery.
While we endeavour to make every effort to ensure that accurate shipping estimates are provided on the website, we make no warranty that all items will definitely arrive within said time. Unfortunately, items may be delayed for a variety of reasons beyond our control. You may cancel a delayed item, without incurring any re-stocking fees, at your discretion, or wait for it to arrive. When we are informed of any delays that will mean your items will arrive after the shipping estimate period has elapsed, then we will attempt to notify you as soon as possible.
CLICK AND COLLECT
It must be noted thought, Toys R Us & Babies R Us reserves the right to withdraw our Click n Collect service to customer's subject, but not limited, to the following:
- Repeated unavailability of an authorised signatory to take delivery during the assigned collection slot.
- Excessive returns that misuse the reasonable nature of the Service.
- Repeat and/or excessive short supply or damage claims for which responsibility cannot be determined.
Find out more about Click and Collect
We have made every effort to display as accurately as possible the colours of the products that appear on our website. However, the actual colours our customers see will depend on the device that you use to access our website. We cannot warrant that your device’s display accuracy of the colours as these may generally differ.
Our customers offer is deemed to be accepted when you receive an order confirmation. By submitting your order and payment card details you warrant that you are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
If for any reason you would like to cancel an order this may be done only by visiting “Track Your Order” on our website or by contacting our Customer Services Centre on 087 234 8697. You will only be able to cancel orders until midnight on the day prior to the date of delivery. We may debit your payment card for the delivery fees in respect of any late cancellations. If our customers cancel their payment for any reason or if your payment card should cease to be valid for whatever reason, you will remain liable for the full purchase price, including all related costs. We reserve the right to cancel any order/sale and/or your registration in the event of a breach of any of these T’s & C’s.
PRE-ORDERS AND GAME TITLE PRE-ORDERS
A date will appear alongside the product status on the product page, indicating when this particular item will be available after pre-order. Our customers can place a Pre-Order for this item and provided payment has been successfully processed through our payment gateways, we will then attempt to make sure that you can receive the item on, or as soon after this date as possible. Please do note that unfortunately, these dates are subject to change. We will notify anyone who has placed a Pre-Order for an item of any changes as soon as we are informed of them.
Competitions are open to residents of South Africa only and all entries must be made in the English language. Anyone working for Toys R Us & Babies R Us or any family members or associates are prohibited from entering any competitions and also any Company or any professional and/or commercial entries are similarly prohibited. The closing date for any competition is as stated on the entry form. No late entries will be allowed or accepted. Winners under 18 (Eighteen) years old will require permission from a parent/guardian to collect their prize. Winners may be required to submit proof of age and / or Identity document or prove ownership of authorised use of the mobile device or other capable related device that was used to enter the competition in question. Prizes are non-transferable in whole or in part, must be taken as stated, and are not capable of being exchanged or returned for cash or equivalent and may not be sold to any third party. No cash alternative is available to any prize unless expressly stated by an authorised Toys R Us & Babies R Us representative. Our prize winners 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. We accept no responsibility for any incorrect or incomplete registration details that our customers 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.
Please note that proof of sending is not deemed to be proof of receipt. Technical or ineligible errors will void entries. If any prize offered is unavailable, we reserve the right to select alternative prizes of equivalent value, the right to modify, supplement or withdraw all or part of this competition without further notice and there are no refunds for cancelled competitions . 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.
Black Friday & Cyber Monday Promotion(s)
Amic Trading (Pty) Ltd T/A Toys R Us/Babies R Us (“Toys R Us”) is running a “Black Friday & Cyber Monday” Promotion(s). All participants during the term of the Promotion agree to be bound by the following Terms and Conditions:
- The Offer is open to all natural persons, 18 years or older, from 00h01 on 28 November 2019to 23h59 on 2 December 2019 (“End Date”).
- While all reasonable precautions are taken by Toys R Us & Babies R Us to provide the most accurate information on our website, in the event that we identify any inadvertent and obvious error in the price, product or service description, images, availability and any other relevant content, Toys R Us & Babies R Us will not be obliged to provide you with the affected product or service via our online store.
- Stock is limited, and deals are only valid until stock lasts.
- Deal quantities are limited and as such, after a Deal is sold out, those particular Goods may be available on the Website at their normal selling prices (but no longer as a Deal).
- Toys R Us & Babies R Us do not guarantee a specific saving. The extent of the Deal is at the sole discretion of Toys R Us & Babies R Us .
- Toys R Us & Babies R Us reserves the right to limited to the unit per order.
- Stock can only be guaranteed at order confirmation and not at time of application.
- Due to the demand over the promotional period customers could experience Delayed Delivery
- In the event of a dispute regarding any aspect of the promotion and/or these terms and conditionsToys R Us & Babies R Us’s decision will be final and binding and no correspondence may be entered into. The promotion is also subject to, and must be read in conjunction with, Toys R Us ’s existing terms and conditions applicable to the Offer.
- Toys R Us & Babies R Us reserves the right to cancel, suspend or terminate this promotion, without notice at any time and no liability shall lie against Toys R Us & Babies R Us, in favour of any participant or third party arising from such cancellation, suspension or termination.
- Toys R Us & Babies R Us will under no circumstance be liable for any error, delay, failure or non-availability of the Offer, and are indemnified against any damage or loss you may sustain because of the aforesaid.
DISCLAIMERS AND EXCLUSIONS OF LIABILITY
Toys R Us & Babies R Us make no representations or warranties of any kind, whether express or implied. Toys R Us & Babies R Us or their agents/representatives or employees accept no liability, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the use of our website or the purchase of any of our products or services.
You agree, by using this website, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website and/or your purchase of any products or services. In the event that any clause contained in these Term/s is/are invalid or unenforceable, then such clause shall not affect the validity or enforceability insofar as the remaining clauses of these Terms are concerned. Toys R Us & Babies R Us shall not be regarded as having waived, or be precluded from exercising any right under these Terms by reason merely that we have provided any indulgence to our customers or we fail to exercise or delay exercising any right we may have, whether the same right or any other right
GOVERNING LAW, JURISDICTION NOTICES
Your use of the website, any purchase by you on this website of any products and these conditions will be governed by and construed in accordance with the laws of the Republic of South Africa and will be deemed to have occurred in the Republic of South Africa. You agree, as we do, to submit to the non-exclusive jurisdiction of the South African courts.
Your statutory rights are not affected by these terms and conditions of sale.
Toys R Us & Babies R Us hereby selects 4 Northgate Place, Redhill, Durban, KwaZulu Natal as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Toys R Us & Babies R Us 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 Toys R Us & Babies R Us 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 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.
Toys R Us & Babies R Us reserves the right to alter or amend all its terms and conditions without notice. Any abuse whatsoever of the website by any customer constitutes a criminal offence to which shall be dealt with the requisite authorities. Other limitations on the use of the website may be communicated from time to time.
Browsing our website irrevocably signifies your agreement to the above Terms and Conditions.
Feedback and Complaints
We welcome any comments about our service, so we can improve it. Our aim is to deal with any problems quickly and fairly. If you wish to complain, let us know about your unpleasant experience you have had with our company, please e-mail our customer service department stating clearly that you are making a complaint and use email address: [email protected].
Alternatively, call us on 087 234 8697
While we will endeavour to respond within 24 hours to let you know that we are working on the matter, our aim is to respond and resolve the matter within five (5) working days, either resolving the complaint, or with a timescale for resolution.