Terms and Conditions

Introduction

www.babybelle.co.za ("the site") enables buyers to shop for items by selected local and international brands ("the products") online.

Legally binding contract

All users and account holders, including those that buy from the site ("buyers") are bound by these terms and conditions ("Ts & Cs"). By registering, or using the site at all, you recognize that you've read and accepted these terms and conditions.

With whom are you entering into a contract?

The site is owned and run by Baby Belle Exclusive (pty) Ltd, registration number 2013/140289/07, a company incorporated in the Republic of South Africa (herein after referred to as “Babybelle”). More information about Babybelle is available at the end of these terms and conditions.

Products and availability

Please note that the stock of all items on offer is limited. Babybelle will make all reasonable attempts to ensure that special offers are brought to an end when stock runs out. If it happens that Babybelle is unable to fulfill any order at the advertised price because stock is sold out, Babybelle will let you know and you'll be entitled to a reimbursement for the rand value you have paid for such product. This is described in more detail in Babybelle's Delivery and Returns Policy.

Buying products

The site allows you, the user, to place electronic orders ("order") for one or more products on offer as long as such products are available and not sold out.

A purchasing contract ("sale") between you and Babybelle only comes into effect once you have fully completed AND submitted the online order form for one or more products in your basket ("shopping cart") AND your payment has been authorised by Babybelle (or has been received into Babybelle's bank account). The above is dependent on the product being available.

Products on Babybelle cannot be reserved to be bought at a later stage, and placing an item in your basket without completing the order does not amount to a sale or an order. This means that Babybelle may remove any item from your basket before the sale actually takes place in the event of the product going out of stock.

Babybelle cannot be held responsible if an order has become unavailable by the time you try to complete a purchase at a later stage. The invoice for your purchase will be emailed to the address entered. A copy of this invoice will also be included in your parcel.

Cancelling and ending orders

Babybelle reserves the right to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you. Please see Babybelle's Delivery and Returns Policy for more information. Custom, lead time products and furniture orders are governed by our returns policy and will only be exchanged in the event of a manufacturing defect and under no other circumstance can be cancelled or returned.

Fraud

  • Babybelle reserves the right, in the interest of preventing fraud, to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely.
  • Babybelle may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided in a timely manner.
  • In the event of a fraudulent purchase being placed on Babybelle, cardholders will be advised to initiate a chargeback via their bank in order to be refunded. Babybelle does not process refunds for orders suspected of fraud.
  • Babybelle does not provide order details relating to orders suspected of fraud.

What you pay for

The price of each product is given in the product information. In case of a sale or special offer, the discount price is shown. In the case of a sale, two prices are indicated alongside each product, as follows:

Purchase price

The price that has not been crossed out, is the price you pay if you buy the product from Babybelle. RRP (regular retail price): The other price (indicated by the crossed-out RRP) is the supplier's usual ("RRP") and is given purely as an indication of approximately how much you save by buying the product from Babybelle. The RRP shown is determined according to the market and prices of other suppliers. Please note that RRPs can change over the course of several seasons over which the product may be sold. The RRPs applicable at the time the product is introduced may differ from the supplier's RRP at the time of your purchase. As such, Babybelle offers no guarantee whatsoever regarding accuracy of any RRPs displayed.

Custom orders:

Consultation

Baby Belle offers a consultation service whereby one of our inhouse Designers will come to the premisis of your choice and assist you with design advice and recommendations. This service is billed at R350.00 ex VAT and falls within a 50km radius from our HQ in Claremont, CT. Areas beyond this radius will be quoted for beforehand. 

Travel costs

All travel costs incurred throughout the duration (separate to consultation and delivery) of a project by a Baby Belle representative will be charged for at standard AA rates per km. This will be added to purchaser account and be required to be settled on completion of the project.

Drawings

Baby Belle offers complete spatial planning and are charged for at R500.00 (excl. VAT) per initial drawing. Thereafter any modifications required are charged at R250.00 (excl. VAT) per hour. Clients are to ensure necessary dimensions are supplied.  All drawings for custom furniture required are charged for at R500.00 (Excl. VAT) per drawing.

Baby Belle holds the right to reserve judgement in the event that clients request Baby Belle to replicate third party designs and furthermore to make agreed upon adjustments to the design, if required to not infringe on third parties copyright.

Quotes

All quotes are valid for a period of 7 days. Baby Belle imports a vast majority of fabrics and therefore cannot guarantee fabric costs due to fluctuating exchange rate if an order is confirmed outside the previous stated 7 days.

Acceptance of quote is deemed to have taken place once client has signed all relevant documentation pertaining to supplied quote, including terms and conditions, and a non-refundable 50% deposit has been received. Should the order be cancelled before delivery, the deposit will not be refunded.

Lead times

Completion times will be communicated at the time a quote is supplied and will be deemed agreed to at acceptance of the quote. Babybelle strives for service delivery and excellent customer service and guarantees to design and manufacture all goods in the time frame that client has been given, unless circumstances out of our control take place. Please note completion time is not equivalent to delivery time.

Invoicing

On completion of the order, the balance of the invoice is to be paid, before dispatch and delivery of any goods. Dispatch will take place 48 hours after payment has been received.

Ordered items remain the property of BABY BELLE until full payment has been received. In the event that a balance payment is due and payment has not been received after 7 days of invoice, Babybelle reserves the right to levy a storage fee of a minimum R250.00 (excl. VAT) per day. Storage fee is levied on size of the order required for storage.

Payments

Any custom and furniture orders are to be paid via EFT. Due to our POS system operating on a different model to our retail boutique, a 3.5% credit card fee will apply should you wish to pay via credit card in our store.

 We do not accept cash deposits, however should purchaser ahve no alternative option a cash deposit will incur a fee stipulated by the bank.

Collection

Babybelle offers a collection option of all orders. Please note on furniture orders a fee of R220.00 (excl. VAT) will be levied for transit from factory to boutique. Self collection of furniture must take place on day of delivery (communicated to client) from our boutique. Please note a storage charge will be levied for late collections.

Delivery

Please allow 7-10 working days from payment date to delivery for custom products and 2-5 days for stock items.

Delivery can be arranged through one of our recommended business partners and all delivery and GIT Insurance costs are for the client’s account. Babybelle will facilitate the arrangement with the transport company of our choice which will include the collection and delivery of the order. Babybelle does not act as an agent in this regard and the agreement will be between the client and transport company and as such the risk of transport will be governed by the transport companies terms and conditions. Babybelle will facilitate the GIT claim and repair in the event of damages on behalf of the purchaser.

Please note that Babybelle acts on your behalf by enlisting the services of the courier. Babybelle does not act as the courier and cannot be held responsible for delays or any other problems on the courier's behalf. We can track and trace your shipment.

Should the purchaser chose their own courier company Babybelle cannot be held responsible for any neglect or fault on the part of the courier. Babybelle also relinquishes it’s GIT insurance liability in this event and the insurance responsibility is for the purchaser.

Delivery fees

Babybelle delivers to all door to door street addresses within South Africa, please note no delivery to a PO Box address will be accepted. Delivery charge will be quoted separately. Shipping charges are based on an estimated volumetric weight of the items on your order. Shipping charges can only be confirmed after receipt of your order.

Shipping quotations may be increased if :

  1. the courier company has to collect or deliver the goods above a second floor unless they have agreed to do so in writing;
  2. the courier supplies extra services at the Customer's request;
  3. the stairs, lifts or doorways at which the courier must uplift or deliver the Customer's goods are inadequate for easy delivery or the road or approach are unsuitable for their vehicles, unless the Customer advised us in writing of these problems before we prepared the quotation;

Babybelle assumes no liability for orders shipped to incomplete or incorrect shipping addresses supplied by the customer. Any additional fees for such orders will be the responsibility of the customer.

If a package is refused upon delivery, the customer will be responsible for all shipping charges incurred for the return of the item. Charges will be applied to any refund due to refusal.

Cape Town clients

Babybelle has dedicated set-up teams that can set up a client’s bedroom and the set-up fee is billed according to allocated time frame to complete the project. Set-up fee includes the cost of a dedicated Babybelle representative to project manage on said project.

Guarantees and Warrantees

Please report any shortages or damages within 24 hours from the date of receiving your order in writing. Please explain the problem or defect and include any photographs if possible so that we may best assist you. It may be that only a replacement part is required instead of shipping the complete product back to us, which will be issued at our own discretion.

Babybelle products hold a 7 day guarantee for any customer complaints and goods will be replaced if manufacturing defect is evident. Goods to be returned to Babybelle Head Office in its original packaging and unused for inspection. Babybelle reserves the right to withhold exchange in the event that product is in perfect condition. The exchange is governed by our returns policy. Shipping costs for the account of the purchaser. In the event that a manufacturing defect is evident Babybelle will refund the shipping cost. Please note that this may differ from your quote as we sometimes subsidize/discount or absorb additional costs.

Babybelle furniture holds a 6 months warrantee for any manufacturing defects, which will be repaired or replaced dependent on the manufacturing fault. Babybelle reserves the right to adjudicate the relevant recourse. Shipping costs for the account of the purchaser. In the event that a manufacturing defect is evident Babybelle will refund the shipping cost. Please note that this may differ from your quote as we sometimes subsidize/discount or absorb additional costs.

Errors

Babybelle makes every reasonable attempt to display purchase prices and delivery costs accurately. If, however, the product is offered at an erroneous price (or an incorrect delivery cost is displayed), Babybelle will not be obliged to supply products at the incorrect price/delivery fee. Babybelle will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct price/delivery fee.

Paying by credit card

We accept payments made by Visa and MasterCard credit and debit cards, as well as EFT. When you place an order, the transaction details are presented to the bank for authorisation of the payment amount. If authorisation is not obtained, the order is cancelled. If authorisation is obtained, payment is usually immediate. You guarantee that you are fully authorised to use the credit card for payment of your order and that there are sufficient funds in this credit card account to cover the costs of any transactions you complete on Babybelle.

Paying by EFT

In the EFT process, be sure to use your order number as payment references. Note you have 24 hours to pay once you've placed an order. We'll start processing the order once your bank forwards your payment to us, but depending on the bank it can take up to 3 days.

Delivery

Place of delivery

Babybelle delivers within business hours in the Republic of South Africa as well as Internationally. As a buyer, you indicate where in you require delivery to be made, as well as contact numbers to be used in connection with delivery. Your parcel will be delivered to the address you specify in the checkout process.

In the case of  nobody being present at the address at the time of delivery, our courier will on the second attempt of delivery use the mobile phone number you provided in your order and/or leave a note (in the letterbox if a residential address) to indicate that there was an attempted delivery. The courier will try once more, and if at that time there is still no one to sign for the parcel, it will be your responsibility to call the Babybelle Head Office (+27 (0)21 824 02 99) or send an email to orders@Babybelle.co.za to arrange delivery. If you don't contact the Babybelle Head Office within 5 working days of the courier attempting the second delivery, the courier will return the parcel to Babybelle. The responsibility will then fall on the buyer to have the order collected from our Head Office. A daily storage rate will be incurred.

Delivery times

All Babybelle deliveries take place during business hours i.e. there are no deliveries over weekends or on public holidays. Please take this into consideration when selecting your delivery address.

Delivery completed

A delivery is considered complete as soon as the parcel is handed to an individual at your specified delivery address. This also applies when the package has been handed over by the courier, as indicated in the courier's tracking system. It is your responsibility, as buyer, to ensure that you or the intended receiver of the gift (when applicable) inspect(s) the parcel on arrival and makes known any justifiable complaints. The receiver has the right to refuse the parcel if it appears to have been opened or if it has clearly been damaged. Such complaints and claims must be brought to the attention of Babybelle by calling our Head Office at telephone number 0027-617-0303 (Monday to Friday, 08h00 to 16h30).

Lost parcels

If the parcel is declared lost, Babybelle will notify the buyer and reimburse the buyer for the lost parcel (to the amount of the product purchase price and any relevant delivery fee).

Defective items, returns and reimbursement

The Returns Policy informs your rights in this regard.

Returns on cosmetic products

We do not accept returns on cosmetic products if the packaging is not intact and if the seal is broken in any way. If unopened, you may return within 7 days. Babybelle reserves the right to determine the acceptance of any cosmetic return.

Sales records

Complete records of each transaction between you and Babybelle are kept on the site for 12 months after a particular purchase or related transaction.

Discount Vouchers and Coupons

Babybelle may release printed or digital discount vouchers/coupons [hereafter referred to as vouchers] from time to time. Such vouchers may be available through the website and/or from third-party websites, in magazines and other media.

General

Vouchers can be used for discounts on the site only as long as the voucher is valid. Given expiry dates cannot be moved.

Promotional vouchers

Promotional vouchers are issued at Babybelle's discretion. Users don't have the right to promotional vouchers and can't earn them. Promotional vouchers are issued with specific terms and conditions that regulate how and when they can be used. In general, unless otherwise specified on the voucher itself: a voucher is only valid for 30 days from date of issue. A voucher can only be used against a purchase on the site when the purchase meets the terms and conditions as specified on the voucher.

A voucher can only be used once and only one voucher can be used per shopping basket. Vouchers are not transferrable and cannot be exchanged for cash. The discount value of the voucher will be deducted from the total amount in your shopping cart. The remaining balance, if any, must be paid by you. No promotions can be run in conjunction with existing discounts already issued.

If you have redeemed a voucher or discount voucher against a purchase, and you'd like to return all items purchased, Babybelle will refund you with a voucher to your account with the rand value of the purchase,  with the same associated terms and conditions.

Promotion vouchers cannot:

  • Be used to buy other vouchers
  • Be exchanged for cash
  • Be transferred to anyone else
  • Be used after the expiry date which is 30 days from date of issue
  • Be used together with any other promotion, including against sales/ clearance items that have already been discounted or are on special offer.

General

Vouchers and Coupons can only be redeemed:

  • while they are valid, their expiry dates being unable to be extended;
  • on the Website towards the purchase of Babybelle.co.za products.

Gift Vouchers

Vouchers cannot be:

  • used to purchase other Vouchers or Coupons;
  • used towards purchases at any affiliate website/s or
  • exchanged for cash

Please note that certain Vouchers may be product-specific in that they can only be used to purchase specific Babybelle.co.za products listed on the Website, e.g. Items that aren't currently on special.

  • Gift voucher value can be set by you, to any value between R50 and R10 000.
  • The chosen value must be in rands, no cent values are permitted.
  • You may use more than 1 voucher per transaction, should you wish to.
  • If a gift voucher is used to purchase a cart that is of a higher value than the voucher, the residual amount will be tied to the voucher code.
  • You can check the balance of a gift voucher within your user account section.

If you have a gift or promotional voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher.

We assume no liability for the loss, theft or illegibility of gift or promotional coupons.

Conditions for the redemption of gift vouchers:

  • Gift vouchers cannot be used to buy further gift vouchers. Gift vouchers may only be purchased through credit card or ETF.
  • The credit of a gift voucher does not accrue interest nor does it have a cash value.
  • Gift vouchers are not refundable for cash once purchased.
  • If the credit of a gift voucher is insufficient for the Order you wish to make, you may make up the difference through either card or EFT payment.

Invite a friend referral bonus

To take part in Babybelle’s invite a friend program,if available, you have to be a valid Babybelle account holder. You will earn your R50 referral bonus when new users, who have signed up to Babybelle.co.za via your unique referral link, spend R200 or more on Babybelle.co.za for the first time. You cannot refer friends who already have accounts on Babybelle. Your referral bonus will be paid in the form of Babybelle store credit. Referral bonus are not transferable and cannot be converted to cash. Your unique referral link will be generated for you by Babybelle's referral tool. You can access the referral tool by logging into your My Account Page. Referral links can be shared via select social media platforms as well as via email.

Babybelle.co.za reserves the right to change the rules around the invite a friend scheme, or the value of the referrer reward, without prior notice. Babybelle can cancel or revoke any referral bonus at any time. Abuse of the Babybelle invite a friend scheme is tantamount to stealing and perpetrators will be dealt with accordingly.

Security

Anyone downloading or trying to download malware or damaging coding on this site, or who tries to gain unauthorised access to any page on this site, will be prosecuted. Babybelle will claim civil damages from such person if Babybelle suffers any damage or loss.

You agree and guarantee that the username and password you use to log in is for your personal use only, and will not be passed on to any third party. You allow Babybelle to take all steps reasonably possible to ensure the integrity and security of the site and in the administrative office.

All credit card transactions on the site are protected by SSL (Secure Socket Layer) encryption and reinforced by various encryption processes with the aim of offering the most effective possible protection of any sensitive information. Babybelle has no access to any confidential information regarding your payment method. Only Babybelle's banking partner will access confidential information (such as your credit card number, expiry date, CVV etc.) from time to time. Babybelle's registration documents and the registered domain name are verified and underwritten by Afrihost.

Indemnity

Babybelle is responsible for adhering to the Consumer Protection Act 68 of 2008 ("CPA") with the sale of any products from the site. Similarly, Babybelle is responsible for adhering to articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security.

However, neither Babybelle nor any of its representatives will be held responsible for any loss or accountability of any kind that arises from the use of (or inability to use) this site, its services or content. Furthermore, Babybelle provides no guarantee, implied or otherwise, that the content or technology attached to this website is free of errors or omissions. Nor is there any guarantee whatsoever that service will be 100% uninterrupted or faultless. We encourage you to report any possible malfunctions and errors by emailing info@Babybelle.co.za. Otherwise call the Head Office at Telephone number +27 (0)21 824 02 99 (Monday to Friday, 08h00 to 16h30).

Although the products on the site may be under guarantee, the site itself is offered on an "as it is" basis and is not set up or delivered according to your individual specifications. It is your responsibility, before accepting these Ts & Cs, to determine whether the service available through this website satisfies your individual needs and is compatible with your hardware or software. Information, ideas and opinions expressed on this web site should not be regarded as professional advice, or as Babybelle's official stance. We encourage you to obtain professional advice before taking any action on the strength of information, ideas or opinions expressed on this site.

Applicable Laws

This site is offered, controlled and run from the Republic of South Africa. As such it is governed by South African legislation, and subject to the disputes clause in these Ts & Cs. You and Babybelle are subject to the non-exclusive jurisdiction of the South African courts. Each and every section of these terms and conditions must be read as individual and separable from the rest of the terms and conditions. Should any court or qualified authority find that any of the terms are invalid or unenforceable, the remainder of the terms and conditions will remain standing, despite invalidity or unenforceability of an individual term.

Privacy

Babybelle has to take all reasonable steps to protect your personal information. For the ends of this clause, ""personal information"" is defined according to the details in the Promotion of Access to Information Act, number 2 of 2000 (PAIA

Babybelle is authorised to gather, store and use the following of your information:

  • Name and surname
  • Date of birth
  • Sex
  • Citizenship
  • Nearest city
  • Non-personal click patterns
  • Email address
  • IP address, and
  • ID or passport number

Babybelle is entitled to gather, store and use the above information for the following purposes:

  • To greet you when you access the site
  • To inform you (if you have agreed to this) of facts regarding your access and use of the site
  • To inform you (if you have agreed to this) of competitions and promotions offered by Babybelle or its partners
  • To set up non-personal statistics about internet habits, click patterns and access to the site
  • To verify your identity when you make a transaction through Babybelle.co.za
  • To ensure the products are received by the addressee
  • For remarketing purposes
  • The above information is either gathered electronically through the use of ""cookies"", or provided by you voluntarily. You can regulate the use of ""cookies"" independently with your personal search engine settings

 You can choose to not receive any direct marketing information from Babybelle and its partners

Babybelle is entitled to gather, store, compile and share any information gleaned from you, subject to the following conditions: Babybelle may not make any of your personal details public unless you have agreed to it, or unless it is required for the purposes of any judicial process.

Babybelle may compile, use and share any information that has no bearing on any particular individual, and Babybelle owns and reserves the right to non-personal statistical information gathered and complied by Babybelle. You acknowledge and agree that certain personal information (such as your full name, delivery address, email address and contact details) may be passed on to the courier company to ensure delivery of the products you have bought."

Changes to terms and conditions

Babybelle may, at its own discretion, change these terms and conditions or any part thereof. If you are a registered account holder, Babybelle will inform you of changes by email (to the address you use on registration). At such point, it will be your responsibility to read through the revised terms and conditions to ensure you're satisfied. If you're dissatisfied, you have the right to terminate your registration on Babybelle.

If you are NOT a registered user, Babybelle will be unable to let you know of changes to these terms and conditions. It will be your own responsibility to visit the website to check whether the terms and conditions have changed, and to make sure you're satisfied with the changes. If you're dissatisfied with any changes, you should not use the site in any way.

Disputes

Barring urgent or interim legal help that may be granted by a court of law: In the event of any disputes of any kind between you and Babybelle, arising out of any situation catered for in these terms or conditions (or that arises out of these terms and conditions) and that cannot be resolved by the client service centre, the dispute may be presented for confidential arbitration. Such arbitration will be handled according to the rules stipulated by the Arbitration Foundation of South Africa.

Legal notice address

Babybelle elects as address for all purposes regarding these terms and conditions, whether for legal notices or serving of other communication documents of any kind, the following address:

Suite 2 Cavenard Building, 64 Vineyard Road, Claremont, Cape Town, 7708, South Africa

An electronic copy is to be sent to info@Babybelle.co.za (Such copy must be delivered in conjunction with physical copy for serving to be effected.)

Terms and discontinuation

These terms and conditions take effect on the date of first publication of the website and continue indeterminately. They may be revised by Babybelle from time to time (as described above), for as long as the website continues to exist and be operated. Babybelle is entitled to terminate these terms and conditions or close down the website at any time, subject to processing any pending purchases.

If you don't meet your obligations regarding these terms and conditions, including any incidents about payment and price or an order, and you neglect to rectify such non-adherence within 5 working days after Babybelle has instructed you to do so, your access to the service will be blocked. We have the right to close your account and deny you access to the site, depending on the severity of your actions. Such action on the part of Babybelle will not have any negative effect on any damages Babybelle may claim.

Copyright and other intellectual property

Any and all copyright relating to the website, including these terms and conditions, is held by Babybelle. All rights not expressly given are reserved. You may download, view and print content from this site only for private and non-commercial ends. To obtain permission for commercial use of any content from this site, please send an email trade@Babybelle.co.za, or call the Head Office +27 (0)21 824 0299. Babybelle is unable to edit or screen all content on the site, and will not be held accountable for illegal, libelous or obscene content. We advise you to inform Babybelle of any offensive or illegal material.

All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of or under licence of Babybelle. As such they are protected by local and international legislation and agreements.

Electronic communication

When you sign up for a Babybelle newsletter, opt into marketing communication, register an account, conclude a purchase, visit the site or send an email to info@Babybelle.co.za, you agree to get electronic communication from Babybelle.

Links, 'Framing' , 'Spiders' and 'Crawlers'

No person, business or website may be linked to any page on this site without prior written permission from Babybelle. Such permission can be obtained by sending an email to info@Babybelle.co.za or by calling the Head Office at +27 (0)21 824 0299.

Links to non-Babybelle sites given on this website are provided “voetstoots” and Babybelle does not necessarily agree with the content of such sites, which Babybelle is unable to edit or underwrite.

No person, business or website may use any technology to glean information from this site without prior written permission from Babybelle. Such permission can be obtained by sending an email info@Babybelle.co.za or by calling the Head Office at +27 (0)21 824 0299.

Babybelle.co.za corporate information

The Electronic Communication and Transactions Act determines that when goods or services are provided via certain electronic transactions, the seller must make certain information public on the site where the goods or services are offered. Babybelle information is as follows:

Baby Belle Exclusive (pty) LTD

Registration Number: 2013/140289/07

Core business: Retailing in clothing, decor and furniture

Legal notice address:

Suite 2,

Cavenard Building

Vineyard Road,

Claremont

Cape Town,

7800

Tel. number +27 (0)21 824 0299

Website: www.babybelle.co.za

Official email address: info@babybelle.co.za

 

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