TERMS AND CONDITIONS

GENERAL

The website (“the website”) enables users to purchase educational boxes for children aged 3 years and up. All visitors to the website (“users” or “you”) will be able to view and purchase the products.

Contractually-binding Agreement

All users, including persons making purchases on this website, are bound to these terms and conditions.

By signing in, signing up or making use of this website you acknowledge that you have read and accepted these terms and conditions.

With whom are you concluding a contract?

This website is owned and operated by a private individual, Hadi Haswell, trading as Kinder College.

Products and Availability

Stock of all products on offer, is limited.

Kinder College will make all reasonable effort to ensure that special offers are halted when stock becomes unavailable. In the event that Kinder College is unable to fulfil any order at the advertised price due to stock unavailability, Kinder College will inform you of such and you will be entitled to a refund equal to the Rand amount you paid for the relevant product. This is explained in more detail under Deliveries and Returns.

Purchase of Products

This website enables you to place electronic orders (“order”) for one or more products featured, for as long as such products are available and not sold out. A purchase agreement (“purchase”) between you and Kinder College exists only after you have correctly completed the online purchase form for one or more products in your shopping cart (“cart”) and submitted the form and only after your purchase has been successfully authorised by Kinder College (or received into our bank account). The aforementioned is subject to availability of the product.

Products on the website cannot be reserved for later purchase and it does not amount to a purchase should you place a product in your cart but fail to complete the purchase.

This means that Kinder College may remove any product from your cart before the purchase has really taken place should the product become out of stock.

Kinder College cannot be held liable should an order no longer be available when you to try to complete the purchase at a later stage.

A copy of the invoice will be sent by email.

Cancellation and Termination of Orders

In the prevention of fraud, Kinder College reserves the right to refuse processing payment of any order and/or to cancel any purchase in part or as a whole, with due notice to yourself. Kinder College will be liable to repay you the Rand value only in the event that you have already paid for the cancelled order.

What you are paying for

Purchase price: Vat is not levied on the Kinder College fees and no VAT-registered entity exists. Price increases occur from time to time. Prices include delivery and are stated in the product details and are shown with the order number of the item. In the event of a sale or special offer, the discounted price is shown. See also delivery and returns below.

Errors and Omissions

Kinder College makes all reasonable effort to state purchase prices and delivery fees accurately. However, in the event that the product is offered at an incorrect price (or an incorrect delivery fee is shown), Kinder College will not be bound to supply products at the incorrect price/delivery fee. Kinder College will only be liable to repay an amount which has already been paid by you, should you choose to cancel the purchase after being made aware of the correct price/delivery fee.

Payments

We are teamed with our payment partner, DPO Group, to safely process your transaction. Products can be purchased via credit card or direct electronic funds transfer (EFT). We accept payments from Visa and MasterCard. When you place an order, the transaction details are presented to the bank for authorisation of the purchase amount. If authorisation is not obtained, the transaction is cancelled. If authorisation is obtained, the payment is normally immediate. You guarantee that you are duly authorised to use the credit card for the payment of your order and that there are sufficient funds available in this credit card account to cover the costs of any transactions you enter into on the Kinder College website.

Delivery Policy

Place of delivery – Kinder College delivers during office hours in South Africa. No deliveries take place over weekends or on public holidays

Courier delivery in South Africa

For door-to-door courier we require a street address occupied during office hours. Your parcel will only be delivered to the address you have specified. Courier deliveries cannot be made to Postal addresses. You must supply the contact numbers that can be used in connection with the delivery. Should no person be at available at the supplied address when delivery is made, a you will be notified that delivery was attempted. Should a second delivery attempt be unsuccessful, the courier will return the parcel to Kinder College. We will credit your account with the purchase price you paid for the order, less the courier cost. We will contact you to arrange a possible redelivery at your own cost.

Delivery period

Unless we notify you otherwise before the placement of your order and the final confirmation thereof, the maximum delivery timeframe from date of shipment is 8 days per courier.

Delivery delays

Should no person be at available at the supplied address when delivery is made, a you will be notified that delivery was attempted. Should a second delivery attempt be unsuccessful, the courier will return the parcel to Kinder College. We will credit your account with the purchase price you paid for the order, less the courier cost. We will contact you to arrange a possible redelivery at your own cost.

Stock shortages

If a product you ordered are temporarily out of stock, Kinder College will inform you of such. If the product is not delivered within 30 days, or within the timeframe specified, you have the right to cancel the purchase with 7 days notice and receive a refund. If a product you ordered is permanently out of stock, Kinder College will inform you of such and unless you agree to accept a different product, you can receive a refund or ask that your account be credited, which you can use towards your next purchase. If you used a gift voucher or coupon code with the purchase of a product which is temporarily out of stock and you do not agree to accept a different product in exchange, or if the product is permanently unavailable and you do not agree to accept a different product in exchange, Kinder College will issue a replacement voucher of the same value and terms and conditions.

Delivery completed

We consider a delivery to be completed as soon as the parcel has been handed over to a person at your specified delivery address. It is your responsibility, as the customer, to ensure that you or the person for whom the parcel is intended, checks the parcel during delivery and reports any well-founded complaints. The recipient has the right to refuse receipt of the parcel if there are signs that it has been opened or if there has been obvious damage. You must bring such complaints and claims to the attention of Kinder College by calling our contact center on 079 893 4368 (Monday to Friday, 09:00 to 16:00)

Late delivery

In terms of the Electronic Communications and Transactions Act, No. 25 of 2002 (“ECT Act”), you are entitled to cancel your purchase with 7 days notice if the products you have purchased are not within the agreed delivery period, as set out in the Kinder College Terms and Conditions. The product (s) in question must be returned to Kinder College in their original condition and original packaging, which includes all labeling. Any such cancellation must be made by calling the Kinder College Contact Center on 079 893 4368.

Return Policy

Products without any defects - Except in certain exceptional cases, you are entitled to return any purchase you have made within 14 days of delivery of the product(s). To get a refund of the purchase price, the product(s) you want to return must be returned to Kinder College according to the return process, which is set out below. If the wrong product is inadvertently delivered to you (i.e. not the product you purchased), please do not remove the product from the original packaging. Please contact the Kinder College contact center on 079 893 4368 or send an e-mail to Kinder College to notify us thereof, so that we can correct the error by arranging for such a product to be collected from you and the correct product delivered to you as soon as possible. If you want to return a Kinder College educational box, you must return the Kinder college box with its complete original contents unused, undamaged and in the original packaging within 14 days of delivery and either receive a credit or a refund. Individual items in the Kinder College box cannot be returned separately and will not be refunded separately. You will be liable for the cost of returning such product(s) to Kinder College

Faulty products

General warranty: If, within 1 month after a product has been delivered to you, you find that the product is faulty/defective, not suitable for the general use for which it is intended (or which was otherwise expressly indicated by Kinder College at the time of purchase), or is not legally or reasonably durable (based on the circumstances and the type of product) (“defective”); and you arrange to return such product to Kinder College for an inspection in accordance with the return process below and it is consequently found that the product is indeed defective, you are entitled to - (a) either a full refund or (b) for the product to be repaired or replaced at Kinder College’s cost (where the decision to repair or replace rests with Kinder College, depending on availability and other applicable circumstances, and in this regard you acknowledge that Sale/Special Offer Products will normally only be repairable). Please note: the following are examples of things that are NOT considered faulty and that will NOT entitle you to any replacement or refund under the general warranty above: faults resulting from ordinary wear and tear; damage due to improper use of the product.

Return Address

SA – Kinder College, ATT: Hadi Haswell, Private Bag x4, St. Francis Bay, 6312.

Repayment

If, for whatever reason, you are entitled to a refund, such refund will be either credited or deposited into the bank account specified by you. If you bought an item on sale and you want to return the item, the reduced price will be refunded to you and not the full price. If you want to return an item for which you paid the full price, but it is now on sale, we will refund the full amount you paid for the product. If you used a discount voucher for your purchase, and you want to return the item(s) of that purchase, the rand value you paid for the item(s) being returned will be refunded to you. In the case of a promotional voucher, the value of the promotional voucher you used for your purchase will not be refunded to you. Where a gift voucher was used to pay for the order or part thereof, Kinder College will issue you a replacement gift voucher with the same value and the same terms and conditions.

Fraud prevention

Kinder College reserves the right, in the interest of preventing fraud, to refuse the processing of any payment for any order and / or cancel any purchase, in part or in full, with notice to you. Kinder College will only be liable to refund the funds for the canceled portion of the order to you if you have already paid such funds. Kinder College makes every reasonable effort to accurately indicate purchase prices and delivery costs. However, if the product is offered at the wrong price (or an incorrect delivery cost is shown), Kinder College will not be obliged to provide products at the wrong price / delivery fee. Kinder College will only be liable to refund payment already made by you if you choose to cancel the purchase after you have been made aware of the correct price / delivery fee.

Sales records

Complete records of each transaction between you and Kinder College are kept for a period of 6 months after a particular purchase or related transaction. You can view and print these records during the period. After the 6-month period, it is your responsibility to keep such records.

Discount vouchers and coupons

Kinder College may from time to time make printed or digital discount vouchers / coupons (hereinafter referred to as vouchers) available. Such evidence may be available through the Website and / or third party websites, in magazines and other media. Vouchers can only be used for discounts on the website while the voucher is valid. Set deadlines cannot be changed.

Promotional vouchers

Promotional vouchers are issued at Kinder College’s discretion. Users do not have the right to promotional vouchers and cannot earn it. Promotional vouchers are issued according to specific terms and conditions that govern how and when they may be used. If you used a voucher or discount voucher with a purchase and you want to return all the items you purchased, Kinder College will refund the amount you paid to you and reissue the voucher, with the same related terms and conditions .

Security

Any person who downloads or attempts to download malicious software or coding on this site, or who attempts to gain unauthorized access to any page on this site, will be prosecuted. Kinder College will claim civil damages from such persons if Kinder College suffers any damage or loss. You agree and warrant that the username and password you use to log in is for your personal use only and will not be disclosed to any third party. You consent to Kinder College taking all reasonable steps to ensure the integrity and security of the Website and the administrative office. All credit card transactions on the site are secured and enhanced by various encryption processes to provide the most effective protection possible for any sensitive information.

Disclaimer

It is Kinder College’s responsibility to comply with the Consumer Protection Act No. 68 of 2008 ("CPA") when selling any products on the Website. Similarly, it is Kinder College’s responsibility to comply with sections 43 (5) and 43 (6) of the Electronic Communications and Transactions Act regarding payment systems and security. Nevertheless, neither Kinder College nor any of its representatives will accept responsibility for any loss or liability of any kind arising out of the use of this website (or inability to use it), the services or content of the website. In addition, Kinder College makes no warranty, implied or otherwise, that the content or technology available on this website is free from errors or omissions. There is also no guarantee whatsoever that the service will be 100% uninterrupted and error free. We encourage you to report any possible malfunctions and errors by email or call the contact center on 079 893 4368 (Monday to Friday, 09:00 to 16:00). Although the products on the website may be under warranty, the website itself is offered on a footprint basis and is not compiled or provided according to your individual specifications. It is your responsibility to determine whether the service available through this website satisfies your individual needs and is compatible with your hardware or software, before accepting these T’s and C’s. The purpose of Kinder College is to provide ingredients and supplies for activities and ideas that will help you spend quality time with your child. The information provided here does not replace schooling, therapy or medical care provided by a professional, qualified teacher, therapist or medical person. If you are concerned about your child and their development, please seek the appropriate professional help and advice.

Applicable law

This website is hosted, controlled and operated from South Africa. It is therefore subject to South African law and is subject to the dispute clause in these T’s and C’s. You and Kinder College are subject to the non-exclusive jurisdiction of the South African courts. Each and every section of these terms and conditions must be considered separate and separable from the rest of the terms and conditions. If any court or competent authority finds that any of the provisions are invalid or unenforceable, the remaining terms and conditions will remain in force, notwithstanding the invalidity or unenforceability of an individual provision.

Legislative

Kinder College must take all reasonable steps to protect your personal information. For the purposes of this clause, "personal information" is defined in accordance with the details of the Promotion of Access to Information Act, No. 2 of 2000 (PAIA). Kinder College is authorized to collect, store and use the following information from you: Name and surname; Date of birth; Gender; Citizenship; Nearest city; Non-personal click patterns; Email address; IP address, and ID or passport number. Kinder College may collect, store and use the above information for the following purposes: To greet you when you visit the website; To inform you (if you have agreed to it) about facts regarding your access to and use of the website; To inform you (if you have agreed to it) about competitions and promotions offered by Kinder College or its partners; To compile non-personal statistics about internet habits, click patterns and access to the website; To verify your identity when you make a transaction; To ensure that the products are received by the addressee; For remarketing purposes. The above information is either collected electronically using "cookies" or provided voluntarily by you. You can control the use of "cookies" independently with your personal search engine settings. You can choose not to receive any direct marketing information from Kinder College and its partners. Kinder College has the right to collect, store, compile and share any information collected from you, subject to the following conditions: Kinder College may not disclose any personal information about you unless you agree to it or unless it is required for any legal process required. Kinder College may compile, use and share any information that does not pertain to any specific individual and Kinder College owns and reserves the right to non-personal statistical information collected and compiled by Kinder College. You acknowledge and agree that certain personal information (such as your full name, delivery address, email address, and contact details) may be provided to the courier company to ensure that the products you have purchased are delivered.

Changes to terms and conditions

Kinder College may, in its sole discretion, change these terms and conditions or any portion thereof. If you are a Member or registered account holder, Kinder College will notify you of changes by e-mail (at the address you used with registration). At such time, it will then be your responsibility to read the revised terms and conditions and make sure that you are satisfied with them. If you are not satisfied, you are entitled to terminate your registration with Kinder College. If you are NOT a registered user, Kinder College will not be able to notify you of changes to these terms and conditions. It will be your own responsibility to visit the Website to see if the Terms and Conditions have been amended and to ensure that you are satisfied with the changes. If you are dissatisfied with any changes you should not use the Website in any way.

Disputes

With the exception of urgent or interim legal assistance that may be granted by a court of law: In the event of any disputes of any kind between you and Kinder College which may arise from any matter for which these terms and conditions provide (or which arise from these terms and conditions) and which cannot be resolved by the customer service center, the dispute may be submitted for confidential arbitration. Such arbitration shall be dealt with in accordance with the rules issued by the Arbitration Foundation of South Africa. These rules are available here.

Address for judicial notices

Kinder College chooses as its address for all purposes in respect of these terms and conditions, whether for court notices or the service of other communication documents of any kind, the following address: 26 Carnoustie Way, St. Francis Links estate, St. Francis Bay, 6312. An electronic copy must be copied. Such copy must be delivered together with a physical copy for service to be effective.

Terms and termination

These terms and conditions come into effect on the date this is first published on the website and will continue indefinitely. It may be modified from time to time by Kinder College (as set out above), for as long as the website exists and operates. Kinder College is entitled to terminate these terms and conditions of the Website and at any time to close, subject to the processing of any purchase already made. If you fail to comply with your obligations under these terms and conditions, including any incidents regarding payment and price of an order, and you fail to rectify such non-compliance after Kinder College has notified you to do so, your access to the service is tracked. We have the right to close your account and deny you access to the Website, depending on the seriousness of your actions. Such steps on the part of Kinder College will not have any negative effect on any damages that Kinder College may claim.

Any and all copyright with respect to the Website rests with Kinder College (and partners). All rights not expressly granted are reserved. You may download, view and print the content on this website for private and non-commercial purposes only. Kinder College cannot edit or work through all the content available on the website and does not accept and accept liability for illegal, defamatory or obscene content. You are encouraged to inform Kinder College about any content that is offensive or illegal.

Electronic communication

When you subscribe to a Kinder College newsletter, choose to receive marketing communications, register for an account, make a purchase, visit the website or send an email, you agree to receive electronic communications from Kinder College.

Links, 'Spiders' and 'Crawlers'

No person, company or website may post links to any page on this website without obtaining prior written permission from Kinder College. Such permission can be obtained by sending an email to info@kinder-college.com. Links to non-Kinder College websites provided on this website are provided voetstoots and Kinder College does not necessarily agree with the content of such websites, which Kinder College cannot edit or endorse. No person, company or website may use any technology to obtain information on this website without Kinder College’s prior written permission.