Terms and Conditions
These Terms and Conditions (“the Terms and
Conditions”) govern your (“the User” and/or “the
Customer”)) use of the Truly Toys (Pty) Ltd
(Registration Number 2003/018370/07) trading as
Educational Toys Online (“the Provider”) website
located at the following URL or domain name:
www.educational-toys.co.za; (“the Website”). By
accessing and using the Website, the User agrees to
be bound by the Terms and Conditions set out in this
legal notice. If the User does not wish to be bound
by these Terms and Conditions, the User may not
access, display, use, download, and/or otherwise
copy or distribute Content obtained at the Website.
Updating of these Terms and Conditions:
The Provider reserves the right to change, modify,
add to or remove from portions or the whole of these
Terms and Conditions from time to time. Changes to
these Terms and Conditions will become effective
upon such changes being posted to this Website. It
is the User’s obligation to periodically check these
Terms and Conditions at the Website for changes or
updates. The User’s continued use of this Website
following the posting of changes or updates, will be
considered evidence of the User’s acceptance to
abide by and be bound by these Terms and Conditions,
including such changes or updates.
Copyright and Intellectual Property Rights
The Provider provides certain information at the
Website. Content currently or anticipated to be
displayed at this Website is provided by the
Provider, its affiliates and/or subsidiary, or any
other third party owners of such content, and
includes but is not limited to educational toys and
other educational items, website design, database
structure, system architecture and computer programs
(“the Content”). All Content is copyright the
Provider, its affiliates or subsidiary, or any other
third party owner of such rights (“the Owners”), and
is protected by South African and international
copyright laws. The Provider reserves the right to
make any changes to the Website, the Content, or to
products and/or services offered through the Website
at any times and without notice. All rights in and
to the Content is reserved and retained by the
Owners. Except as specified in these Terms and
Conditions, the User is not granted a license or any
other right including without limitation under
Copyright, Trademark, Patent or other Intellectual
Property Rights in or to the Content.
Limited License for General Use
•The Provider grants to the User, subject to the
further terms of these Terms and Conditions, a
non-exclusive, non-transferable, limited and
revocable right to access, display, surf, use,
download and otherwise copy, or cut, or paste the
current and future Content for personal,
non-commercial and information purposes only.
•This Website and the Content may not be reproduced,
duplicated, copied, resold, visited or otherwise
exploited for any commercial purpose without the
express prior written consent of the Provider.
•The license does not allow the User to collect
product or service listings, descriptions or other
information displayed here, and does not allow any
derivative use of this Website or the Content for
the benefit of another business.
The User may not frame nor use framing technologies
to enclose the Website or the Content nor any part
thereof without the express prior written consent of
the Provider.
•The Provider and the Owners do not offer products
or services to minors, even though the website sells
educational toys. If you are under the age of 18,
you may not respond to or otherwise accept or act
upon any offers in the Website. The Owners sell
educational toys to individuals with the necessary
legal capacity to contract.
•The Provider and the Owners, their affiliates or
subsidiary reserve the right to refuse service,
terminate accounts, remove or edit content, or
cancel orders in their sole discretion.
•Any unauthorised use terminates this license.
Limitation of liability
The Website and all Content on the Website,
including any current or future offer of products or
services, are provided on an “as is” basis, and may
include inaccuracies or typographical errors. The
Owners make no warranty or representation as to the
availability, accuracy or completeness of the
Content. Neither shall the Provider nor any holding
company, affiliate or subsidiary of the Provider, be
held responsible for any direct or indirect special,
consequential or other damage of any kind whatsoever
suffered or incurred, related to the use of, or the
inability to access or use the Content or the
Website or any functionality thereof, or of any
linked website, even if the Provider is expressly
advised thereof.
Privacy, access to and use of information
The Provider receives various types of information
(“the Information”) from the Users who access the
Website. The Provider makes every reasonable effort
to protect any Information received by it. The
Owners will not be responsible for any damages you
or any third party may suffer as a result of the
transmission of confidential information that you
make to the Owners through the Internet, or that you
expressly or implicitly authorise the Owners to
make, or for any errors or any changes made to any
transmitted information. To ensure acquaintance with
and awareness of the privacy measures and polices of
the Provider, the User is urged to take care to read
and understand the underlying privacy clauses
incorporated in these Terms and Conditions.
Privacy: casual surfing
The User may visit the Website without providing any
personal information. The Website server(s) may in
such instances collect the IP address of the User
computer, but not the email address or any other
distinguishing information. This information is
aggregated to measure the number of visits, average
time spent at the Website, pages viewed, etc.. The
Provider uses this information to determine use of
the Website, and to improve Content thereon. The
Provider assumes no obligation to protect this
information, and may copy, distribute or otherwise
use such information without limitation.
Privacy: solicited information the User gives to the
Provider
The Provider requires certain personal information to
process transactions if the User requires any of the
Provider’s products or services. The Provider receives
and stores all Information the User enters on the
Website or gives to the Provider, in any other way. The
User may choose not to provide certain Information, but
that may limit the services or products that the User
may wish to obtain from the Provider. The Provider
stores all Information the User enters on the Website or
gives to the Provider, in any other way behind
dedicated, outsourced, firewall technology, to better
safeguard such Information. So as to reduce any risk to
the User, the Provider shall not store any of the User’s
credit card information.
Credit card transactions will be
acquired for the Provider via PayGate (Pty) Ltd, the
approved payment gateway for Standard Bank of South
Africa Ltd. Users may go to
www.paygate.co.za
for more information.
Privacy: promotional information
The Provider aspires to provide first-class service
to its customers, which necessitates the Provider
providing information to the User regarding new
services or special offers. In each instance, the
User is provided an opportunity to opt-out of such
information circulars. For more information, please
call the Provider, see Contact Details below.
Privacy: lawful purposes
When the Provider is served with due legal process
requiring the delivery of personal customer
Information and it has the legal duty to abide by
that demand, it will do so.
Provider’s Services
Without limitation, the Provider, generally offers
educational toys for sale online.
Choice of Law
This Website is controlled, operated and
administered by the Provider from its offices as set
out below within the Republic of South Africa. The
Provider makes no representation that the Content is
appropriate or available for use in other locations
or countries. These Terms and Conditions shall be
governed by the laws of the Republic of South
Africa, and the User consents to the jurisdiction of
the Witwatersrand High Court in the event of any
dispute. If any of the provisions of these Terms and
Conditions are found by a court of competent
jurisdiction to be invalid or unenforceable, that
provision shall be enforced to the maximum extent
permissible so as to give effect to the intent of
these Terms and Conditions, and the remainder of
these Terms and Conditions shall continue in full
force and effect. These Terms and Conditions
constitute the entire agreement between the Provider
and the User with regard to the use of the Content
and this Website.
Contact Details
In the event that you need to contact the Provider
for purposes related to these Terms and Conditions,
please address the Provider at the following email
address:
ilearn@educational-toys.co.za or phone us on:
073 545 4015
Business Terms
Business hours
Orders placed through the website for educational toys
will generally be dealt with by the Provider during
normal business hours (being Monday to Friday, excluding
public holidays and the period between Christmas and New
Year)
Order process
The prices payable for our goods are set out on our web
site and are listed in South African Rands (abbreviated
as ZAR). Goods ordered will be invoiced at these prices
plus a delivery charge as set out at the time the order
is placed. Orders will be confirmed to the e-mail
address provided. The Provider will make every normal
effort to process the order speedily (at best within one
business day of the order being received.
Payment Options
We accept Mastercard and Visa payments online.
Export restriction
The products and services offered for sale on this
website are only available for delivery within South
Africa.
Delivery policy
The Provider will deliver anywhere in South Africa to
the address provided on the order. Delivery time depends
on the selected method of delivery and the availability
of items. Every effort is made to ensure that items
appearing on the website are available for immediate
dispatch and we endeavour to despatch within one
business day of the order being received, if possible
and always within a reasonable time period.
The Provider cannot be held responsible for delayed
deliveries caused by third party delivery agents. It is
the responsibility of the Customer to check that the
correct number of packages has been received and also to
check the parcel(s) on receipt and to immediately notify
the courier or postal service if there is damage.
If the goods delivered by the Provider are not what was
ordered or have been damaged through the delivery
process or the delivery is of an incorrect quantity,
please inform us of the problem via e-mail to
ilearn@educational-toys.co.za within five
business days from receipt of the goods.
The Provider shall have no liability where goods are
not collected from the Postal Service when mailed or
where the courier service is unable to deliver
because you, the Customer, is unavailable to receive
the goods at the address specified on the order.
Lost in transit goods - if the goods have not been
received within fifteen days of the order being
placed we shall have no liability unless the
customer notifies us by e-mail to
ilearn@educational-toys.co.za within 20 days of
the order being placed.
As required by section 44(1) of the Electronic
Communications Transactions Act 25 of 2002 (ECT) we
allow for the cancellation of any purchase of goods
within seven (7) days after the date of receipt of
the goods. The cost of returning the goods to us
will be for your account unless the goods were
received damaged.
Return & Refund Policy
Goods will only be considered for return if they are
received by Educational-Toys Online in their original
packaging accompanied by the original invoice and
provided that we receive notification as required in the
Delivery policy above.
All goods returned must be returned within 10 days of
the notification.
Where goods delivered;
·
were
damaged through the delivery process we will exchange
the goods at no additional cost to the customer; opened
goods or damaged goods will only be replaced if damaged
during delivery and immediately reported in terms of the
Delivery policy above.
·
were of an incorrect quantity we will make up the
deficit at no additional cost to the customer.
All goods returned in terms of the Delivery policy above
must to be returned to
By post:
Educational-Toys Online
PO Box 53805
Troyeville
2139
By Courier
Educational-Toys Online
3 Kimberley Road
Bertrams
Johannesburg
2094
Merchant Outlet Country
The merchant outlet country at the
time of presenting payment options to the cardholder is
South Africa.
ECT ACT
In terms of section 43(1) of the Electronic
Communications and Transactions Act 25 of 2002 the
Provider is required to list the following information:
a) The Provider is the online division of Truly
Toys (Pty) Ltd,
a private company;
b) 3 Kimberley Road, Bertrams, Johannesburg 2094 ,
Telephone:
073 545 4015;
c) Internet:
www.educational-toys.co.za, Email:
ilearn@educational-toys.co.za;
d) Not applicable;
e) Not applicable;
f) Truly Toys (Pty) Ltd, Registration Number
2003/018370/07, Registered in the Republic of South
Africa, Director: Ivan Shutte;
g) All legal notices may be served on Unit 3, 95
Westwold Way Saxonwold;
h) The Provider wholesales and retails educational toys.
i) The fee for each product offered is provided
alongside the listing of the product. Such prices are
inclusive of VAT;
j) Payment for products is upfront;
k) The Provider’s Business Terms are incorporated in
these terms and conditions;
l) Delivery is usually within 7 days;
m) Clients may obtain a detailed statement of account by
emailing the Provider;
n) Refunds are only given as set out above;
o) Not applicable;
p) Provider uses standard SSL based encryption together
with password, username combinations to secure all
sensitive information. The Privacy Policy is set out
above;
q) The period of the agreement between clients and the
Provider is limited to purchase of the goods and the
Prescription Act;
r) All recognized consumer rights are gladly provided.
