Terms of Use Updated : 29/3/2007 1. COPYRIGHT 1.1 Copyright 2007-2010. JUST JO CHILDREN’S CLOTHING CC , 18 Gay Road, Seaforth Simon’s Town, South Africa. All rights not expressly granted are reserved. To obtain permission for the commercial use of any content on this site e-mail to info@justjo.co.za.
1.2 Users may download, view and print content from this site for private and non-commercial purposes only.
2. ELECTRONIC COMMUNICATIONS
2.1 When a user visits JUST JO CHILDREN’S CLOTHING or sends e-mails to JUST JO CHILDREN’S CLOTHING, that user consents to receiving communications from JUST JO CHILDREN’S CLOTHING electronically and agrees that all agreements, notices, disclosures and other communications sent by JUST JO CHILDREN’S CLOTHING satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".
3. INTELLECTUAL PROPERTY RIGHTS
3.1 All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to JUST JO CHILDREN’S CLOTHING and as such are protected from infringement by local and international legislation and treaties.
4. FRAMING
4.1 No person, business or Website may frame this site or any of the pages on this site in any way whatsoever.
5. SPIDERS AND CRAWLERS
5.1 No person, business or Website may use any technology to search and gain any information from this site without the prior written permission of JUST JO CHILDREN’S CLOTHING. Such permission could be obtained as explained in clause 1 hereof.
6. HYPERLINKS
6.1 No person, business or Website may link to any page on this site without the prior written permission of JUST JO CHILDREN’S CLOTHING. Such permission could be obtained as explained in clause 1 hereof.
6.2 Hyperlinks provided on this site to non-JUST JO CHILDREN’S CLOTHING sites, are provided as is and JUST JO CHILDREN’S CLOTHING does not necessarily agree with, edit or sponsor the content on such web pages.
7. DISCLAIMER
7.1 Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither JUST JO CHILDREN’S CLOTHING nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website. Furthermore, JUST JO CHILDREN’S CLOTHING makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors as explained in clause 1 hereof.
7.2 This Website is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into a transaction with JUST JO CHILDREN’S CLOTHING that the service available from and through this Website will meet the user's individual requirements and be compatible with the user's hardware and/or software.
7.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of JUST JO CHILDREN’S CLOTHING and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
7.4 All deliveries of items purchased from JUST JO CHILDREN’S CLOTHING are made pursuant to agreements with shipping and delivery agents and risk of loss passes from JUST JO CHILDREN’S CLOTHING to such agents upon delivery of any item to such carrier.
7.5 Neither JUST JO CHILDREN’S CLOTHING nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this Website.
7.6 Products of JUST JO CHILDREN’S CLOTHING CC are hand made or hand finished. Consequently each item is essentially unique and, while products will very substantially match those depicted on the Website or in documents, small variations will exist from item to item. Purchaser accepts such variation as being inherent in the nature of hand made or hand finished articles.
8. COSTS
8.1 Prices:
8.1.1 The price of each product is displayed with the product on the Website. In the event of a sale or special offer, the discounted price is displayed.
8.2 Delivery Costs:
8.2.1 The cost of postage from South Africa will be based on the weight of the goods. The amount due is calculated automatically when the order is created and displays when you go to complete the checkout procedure. To optimize handling and postage costs each item in an order is posted individually and therefore multiple items ordered may not necessarily arrive together.
8.3 Value Added Tax:
8.3.1 Value added tax is payable in the country of receipt at rates ruling there at the time. VAT is included in prices for goods invoiced in South Africa but excluded from prices for goods sold internationally.
9. IMPORT DUTIES
9.1 Import duties and taxes may be payable by recipients of goods in different countries. Whether any charges are payable will depend on the value of the package and where it is being delivered to. We have no control over these costs and cannot predict what they might be. These costs are payable by the recipient in accordance with the regulations prevailing in the country of receipt. Purchasers are urged to consult their local postal authority prior to ordering to ascertain what such duties may be in their particular case.
10. DELIVERIES
10.1 Inside the borders of South Africa
10.1.1 All items on the JUST JO CHILDREN’S CLOTHING site have an indication of the delivery time and JUST JO CHILDREN’S CLOTHING shall endeavour insofar as it is at all possible to adhere to these delivery times.
10.2 Outside the borders of South Africa
10.2.1 Goods to the following international destinations are sent as follows: Namibia - Delivery to the post office only; All other international locations (excl. Africa) - via airmail parcel post, unless otherwise specified by the purchaser.
10.2.2 Delivery usually takes places within 7 to 21 days after dispatch - however, seasonal peaks and delays at customs etc is outside the control of JUST JO CHILDREN’S CLOTHING and deliveries may take longer in such cases.
10.2.3 It is possible to courier goods to local and international addresses (excl. Africa) should the Purchaser so request. The costs are determined on an ad hoc basis. Note that such costs are normally very high and always be for the purchaser's account.
10.4 Delays and cancellations
10.4.1 JUST JO CHILDREN’S CLOTHING makes every effort to assure that the information supplied on the site is accurate. Where delays and out of stock situations occur, every effort will be made to promptly inform the buyer.
11. RETURNS AND GUARANTEE
11.1 Our 30-day returns guarantee means that if for any reason you are unhappy with your purchase, you can return it to us in its original condition within 30 days of the date you received the item and we will issue a full refund for the price of the item. You will however be liable for the return postage and packaging costs. If the item stipulated that delivery could only be made by courier, you will have to return it to us by the same method. If the package is not re-packed by you with the same care and consideration as packaged by JUST JO CHILDREN’S CLOTHING and the goods are damaged in transit as a result thereof, then regrettably we will be unable to make a full refund. No item costing more than R500 will be accepted as a return under this provision.
11.2 If an item was damaged in transit please let us know by emailing queries@justjo.co.za within 78 hours of receipt of the item. Before a refund is made or replacement item dispatched, we will require you to send an e-mail photograph of the damaged item(s).
11.3 If we sent you an incorrect item, let us know by emailing queries@justjo.co.za within 78 hours of receipt of the item and to confirm by which delivery method you should return the package. Then re-package the item(s) with due care and consideration and return it to us. If the package is not re-packed by you with the same care and consideration as packaged by JUST JO CHILDREN’S CLOTHING and the goods are damaged in transit as a result thereof, then regrettably we will be unable to make a full refund.
On receipt of the package, we will refund you with the full cost of the postage or courier service. We will also send you the correct item as soon as possible. If we are unable to send the correct replacement item, we will refund you in full.
11.4 Special offers: If JUST JO CHILDREN’S CLOTHING supplies the wrong product or if the product is in any way faulty or damaged, JUST JO CHILDREN’S CLOTHING will exchange it for the correct one. However, if the product is no longer being offered at the special price, it will not be replaced and we will refund the buyer's purchase price including delivery costs.
11.5 Clause 11.1 above will not apply if the product shows evidence of:
11.5.1 damage due to but not limited to impact, dropping, liquid, moisture
11.5.2 mishandling, or tampering;
11.5.3 use contrary to the applicable instructions, including washing and care instructions.
11.6 The warranty set forth in clause 11.1 above does not cover:
11.6.1 routine cleaning or normal cosmetic and mechanical wear and tear
12. PAYMENT METHODS
12.1 Credit card payments.
12.1.1 At the time of placing the order, the transaction details are presented to the bank by JUST JO CHILDREN’S CLOTHING's Thawte secure payment agent, PriceTag, and an authorization is obtained for the amount of the order.
12.1.2 Payment is only collected when the order is completed and the goods shipped.
12.1.3 Note that the entry on the debited credit card for a transaction will state PriceTag and NOT JUST JO CHILDREN’S CLOTHING.
12.1.4 Note that to protect it's own interests and the interests of customers, JUST JO CHILDREN’S CLOTHING scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if JUST JO CHILDREN’S CLOTHING is not satisfied with it's legitimacy. A second confirmation of the order may be requested from the Purchaser before order execution.
13. AGREEMENTS OF SALE
13.1 Placing an item in a shopping basket without completing the purchase cycle does not:
13.1.1 constitute an agreement of sale between JUST JO CHILDREN’S CLOTHING and users cannot hold JUST JO CHILDREN’S CLOTHING liable if such items are not available when the purchase cycle is completed later; and/or
13.1.2 constitute an order for such an item; and
13.1.3 JUST JO CHILDREN’S CLOTHING may remove such an item from the shopping basket if no stock is available. The rest of the order will be processed normally.
13.2 An agreement of sale between JUST JO CHILDREN’S CLOTHING and a user only comes into effect if and when a credit card authorisation is received from the issuing bank.
13.3 JUST JO CHILDREN’S CLOTHING reserves the right to refuse to accept and/or execute an order without giving any reasons. JUST JO CHILDREN’S CLOTHING also reserves the right to cancel orders in whole or in part as circumstances dictate. JUST JO CHILDREN’S CLOTHING shall only be liable to refund monies already paid by the user.
13.4 JUST JO CHILDREN’S CLOTHING shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, JUST JO CHILDREN’S CLOTHING will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies already paid.
14. SPECIAL OFFERS
14.1 JUST JO CHILDREN’S CLOTHING shall not be liable for the sale of items at lower prices if such prices were increased and purchasers could not, for any reason whatsoever, conclude an agreement of sale while such prices remained low.
14.2 If JUST JO CHILDREN’S CLOTHING supplies the wrong product or if the product is in any way faulty or damaged, JUST JO CHILDREN’S CLOTHING will exchange it for the correct one. However, if the product is no longer being offered at the special price, it will not be replaced and JUST JO CHILDREN’S CLOTHING will refund the purchase price including delivery costs.
15. STOCK AVAILABILITY
15.1 Stocks of all goods are limited. JUST JO CHILDREN’S CLOTHING shall take all reasonable efforts to ensure that goods are available for delivery within the specified time. Where stock is no longer available and cannot be replaced within the agreed time, then JUST JO CHILDREN’S CLOTHING shall be liable to refund any monies already paid where it is unable to fulfill orders at advertised prices and within advertised delivery times.
16. GOVERNING LAW
16.1 This site is hosted in United States of America but controlled and operated from the Republic of South Africa and therefore governed by South African law.
17. PRIVACY
17.1 JUST JO CHILDREN’S CLOTHING shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
17.2 JUST JO CHILDREN’S CLOTHING may electronically collect, store and use the following personal information of Users:
17.2.1name and surname; 17.2.2 delivery address17.2.3 birth date; 17.2.4 gender; 17.2.5 country of residence; 17.2.6 closest city; 17.2.7 non-personal browsing habits and click patterns; 17.2.8 e-mail address; and 17.2.9 IP address. 17.2.10 ID number / passport number
17.3 JUST JO CHILDREN’S CLOTHING collects, stores and uses the abovementioned information for the following possible purposes:
17.3.1 to greet the User when he/she accesses the JUST JO CHILDREN’S CLOTHING Website;
17.3.2 subject to the User's consent, inform the User of facts relating to his/her access and use of the JUST JO CHILDREN’S CLOTHING website;
17.3.3 subject to the User's consent, inform the User about supplementary information from JUST JO CHILDREN’S CLOTHING and/or its partners/affiliates;
17.3.4 to compile non-personal statistical information about browsing habits, click-patterns and access to the JUST JO CHILDREN’S CLOTHING Website.
17.3.5 to verify the identity of the User when transacting with JUST JO CHILDREN’S CLOTHING
17.3.6 to ensure that the goods are received by the addressee
17.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
17.5 The User may elect not to receive any communications from JUST JO CHILDREN’S CLOTHING and/or its partners/affiliates.
17.6 JUST JO CHILDREN’S CLOTHING will not share, disclose and sell any information collected from users, subject to the following provisions:
17.6.1 JUST JO CHILDREN’S CLOTHING shall only disclose information if obliged to do so by due legal process; and
17.6.3 JUST JO CHILDREN’S CLOTHING may compile, use and share any information that does not relate to any specific individual.
17.7 JUST JO CHILDREN’S CLOTHING owns and retains all rights to non-personal statistical information collected and compiled by JUST JO CHILDREN’S CLOTHING.
18. SECURITY
18.1 Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that JUST JO CHILDREN’S CLOTHING suffers any damage or loss.
18.2 The user allows JUST JO CHILDREN’S CLOTHING to take all reasonable steps to ensure the integrity and security of the JUST JO CHILDREN’S CLOTHING site and back-office applications.
18.3 All credit card transactions are Secure Socket Layers encrypted and are supplied by PriceTag. This company’s registration documents and the site's registered domain name are checked and verified by Thawte.
19. CHANGES TO AGREEMENT
19.1 JUST JO CHILDREN’S CLOTHING may, in its sole discretion, change this agreement or any part thereof at any time without notice.
20. DISPUTES
21.1 In the event of any dispute arising out of this agreement, during the currency of the agreement or after its termination, and not resolved through the Customer Relations Department of JUST JO CHILDREN’S CLOTHING, the parties shall, in the first instance, attempt to resolve same by amicable dispute resolution procedures with or without the assistance of a mutually agreed neutral third party. Should such procedures be unsuccessful, or in the event that either party withdraws from amicable dispute resolution procedures and gives notice to this effect in writing to the other party, this dispute, shall, be submitted to arbitration before a single arbitrator selected by mutual agreement or failing agreement to be nominated by the Chairman of the Association of Arbitrators (Southern Africa). Such arbitration shall be conducted in English and in Cape Town in terms of the said Association's Summary Procedure Rules for the Conduct of Arbitrations. For disputes less than R 50,000.00 the Association of Arbitrators Small Claims Arbitration Tribunal Rules will apply. The Rules are available at www.arbitrators.co.za
22. TERM AND TERMINATION
22.1 This agreement shall commence when the user registers on the JUST JO CHILDREN’S CLOTHING site and continues indefinitely until terminated by JUST JO CHILDREN’S CLOTHING in terms of clause 21 hereto or for any other reason.
23. DOMICILIUM
23.1 JUST JO CHILDREN’S CLOTHING chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 18 Gay Road, Seaforth, Simon’s Town, 7975, South Africa.
24. GENERAL INFORMATION
24.1 JUST JO CHILDREN’S CLOTHING is the trade name of JUST JO CHILDREN’S CLOTHING CC 2006/013662/07; Member: Y H Brown
24.2 JUST JO CHILDREN’S CLOTHING may be visited at www.justjo.co.za
24.3 A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM: http:www.policy.org.za/pdf.org.za/pdf/ElectronicCommunications.pdf |
