TERMS and CONDITIONS
Budding Minds (“Company”, “we” or “us) provides access to information through our website accessible at the url http://buddingminds.co.za (the “Site”) and we may provide the ability to use certain functionalities of the Site or provide services of various kinds (the “Services”). The Site and the Services are made available to you only under the following terms and conditions (the “Terms”).
Please read the Terms carefully. By using the Site or the Services, you acknowledge and represent that (i) you have read the Terms, (ii) understand them, (iii) agree to be bound by them, and (iv) you are at least 18 years old. If you do not agree to any of the Terms below, we are unwilling to grant you access to the site or the services.
TERMS AND CONDITIONS OF SALE
While the Budding Minds has attempted to make the information on this website as accurate as possible, the information is provided in good faith without any express or implied warranty. There is no guarantee given as to the accuracy or currency of any individual item on the server.
As between you and us, we and / or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Site and the Service, all related intellectual property rights not granted in these Terms. Unless you first obtain the copyright owner’s prior written content, you may not copy, distribute, publicly perform, publicly display, digitally perform or create derivative works from any copyrighted work made available or accessible via the Site or the Services. If you provide Company any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Company all the rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any feedback which you provide to Company and non-confidential and non-proprietary. You agree that you will not submit to Company and information or ideas that you consider to be confidential or proprietary.
CERTAIN PRODUCT DISCLAIMERS
Warning – Choking Hazard – Small parts. Not for children under three (3) years. You acknowledge that the products are not designed, manufactured or intended for use by, and may contain small parts or other ingredients not safe for, children under the age of Three (3). In addition, to all other limitations and disclaimers in this agreement, company shall not be liable to you or any third party, in whole or in part, for any claims, liability, damages, loss or costs arising from such use. Budding Minds shall not be liable for and expressly disclaims any and all direct, indirect, incidental, consequential, special, punitive damages and other types of damages in any event.
PRODUCTS AND PRICING
All products listed on the Site (“Shop”, “Gift”, “Parties”) their descriptions, and their prices are each subject to change. Company reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and / or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card account in the amount of the charge.
All prices are reflected in South African Rand and include VAT where applicable. Goods supplied are not for resale.
When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance. Your receipt of an order confirmation form from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. In the event that you are purchasing a gift order, you will be required to accurately provide the gift recipient’s name and shipping address. Your order is not accepted until we send you shipping information for the order.
For each Product you order on the site, you agree to pay the price applicable for the Product as of the time you submitted your order (Product Price), the delivery fees for the delivery service you select (Shipping fees) and any other applicable Taxes. If you order a subscription to a Product that auto-renews periodically (Subscription), then you agree to pay the applicable product price, shipping fees and taxes upon each auto-renewal date, until you terminate your Subscription in accordance with the directions on the Site. “Gift Subscriptions” (those purchased for delivery to someone other than the purchaser) and the “Monthly Plan Subscriptions” (those purchased for delivery to the purchaser) are collectively referred to as Subscriptions. Please note that if your subscription includes a discounted product price for a promotional period, once the promotional period expires, your Subscription will renew at the full Product Price. Company will automatically bill you credit card submitted as part of the order process for such amounts and you hereby authorize us to do so. All payments are non-refundable except as expressly set out in section Returns Policy.
Products will be shipped in accordance with the shipping method you selected when you placed your order. Any delivery dates provided by Company are estimates. Where this is not possible, we will notify you with further information about the delivery date. Currently, we ship within South Africa only. Delivery is door-to-door countrywide (please note: free delivery is only applicable to deliveries in South Africa, when “free delivery” is offered) but otherwise charges vary according to the area you are in.
All subscription products are shipped on the 15th of the month. All individual craft boxes are shipped two days after order confirmation. We make every effort to deliver all products within the South Africa within five working days of acceptance of your order. All deliveries will be made to you at the address specified by you in the order. All deliveries must be signed for and you will be responsible for the products as soon as they are delivered and found to be in conformity to the contract. If we cannot deliver the products to you at the address you have specified for any reason (other than when we are at fault), we will notify you and store the products at your risk. If you wish us to redeliver the products to you, you will need to authorise us to charge your credit card/ debit card for such re-delivery.
Refunds and Cancellations
Your purchase is final and non-refundable. No Product may be returned except as outlined below – Damaged Goods. Prepaid subscriptions are one-time transactions that cannot be cancelled or refunded during the pre-paid period. Pre-paid Subscriptions renew for the same number of months on the 5th day of the month in which the pre-paid period ends. Pre-paid Subscriptions can be canceled by contacting firstname.lastname@example.org prior to renewal. After the cancellation date, no further charges will be made to your account. However, the transactions incurred prior to the cancellation date are not refundable. Monthly plan subscriptions renew on the 5th day of each month, starting in the first month after the month which your order was placed. Monthly Plan Subscriptions can be cancelled at any point during the subscription period by contacting us at email@example.com. After the cancellation date, no further changes will be made to your account. However, transactions incurred prior to the cancellation date are not refundable.
We do not accept any Product exchanges.
If the product arrives damaged, Company will provide a replacement provides the original (damaged) product is returned by you and received by the Company within 30 days of the original shipment date. Provided that your Product was a Damaged Product and was returned in accordance with this Agreement, your sole and exclusive remedy is that we will send a replacement Product. In the event that the Company is unable to provide a replacement Product, the Company may at its sole discretion elect to refund the credit card used for purchase in the original amount of the purchase. If a replacement Product is issued, we cannot guarantee that the replacement product will contain exactly the contents as the originally shipped Product.
ADVERTISEMENTS AND PROMOTIONS
We may use our web site or any of the services we provide or in any of the correspondence we send to you to run advertisements promoting products and services we offer, or any person or corporation duly authorised by us to advertise or promote their product or services through us.
Please read the official rules that accompany each special offer, coupon, discount and contest that we may offer or conduct. Special offers, coupons or discounts cannot be used in conjunction with other offers. Limit one promotion per order.
DISCLAIMERS, LIMITATIONS & EXCLUSIONS OF LIABILITY
The Service, the Site, all information, content, materials and services related to the foregoing, and the Products are provided “as is” and “as available” and to the fullest extent permissible under applicable law. We and our affiliates disclaim all warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, title, non-infringement, non-interference, system integration and accuracy of data. Applicable law may not allow the exclusion of certain implied warranties, so the above exclusion may not apply to you. We and our affiliates do not warrant that your use of the Site or Service will be uninterrupted, error-free or virus free. The submission of any user content and the download or upload of any material through our service and / or site is done at your own discretion and risk. You will be solely responsible for the damage to your computer system or loss of data that may result from the download or upload of any such material or from reliance upon the site or services, and you are advised to main offline backup copied of all user content. We are not the provider of, and make no warranties with respect to, any third-party offerings. We do not guarantee the security of any information transmitted to or from the Site or Service; and you agree to assume the security risk for any information you provide using the Site or Service.
No representation or warranty is made that the site or services provide comprehensive or accurate information. We reserve the right to filter, modify or remove content, media, information or any other material from the site or Services and from the output of the Site or Services. You understand that we have developed our technologies to find information that we believe will be most relevant and interesting to you. Accordingly, we may at our discretion filter out links to content aggregators. Search engines or other online services whose technologies and services, on our opinion, are inconsistent with these objectives.
LIMITATION OF LIABILITY
Use of our Service, the Site, and / or the products are at your own risk. In no event will we or our affiliates be liable for any indirect, incidental, consequential or special damages in connection with these terms, the Service, the Site, or the products, whether or not such damages were foreseeable and even if we were advised that such damages were likely or possible. In no event will our aggregate liability to you for any and all claims arising in connection with these terms, the Service, the Site, or the Products exceed the greater of (1) Three hundred and fifty Rand (R350), or (2) the amounts you have paid to the company in the prior 6 months hereunder.
You acknowledged that this limitation of liability is an essential term between you and us relating to the provision of the Site, the Service, and the Products to you, and we would not provide the Site or Service or Products to you without limitation.
The limitation or exclusions of warranties and liability contained in these terms do not affect or prejudice the statutory rights of a consumer, i.e. a person acquiring goods otherwise than in the course of a business. The limitations or exclusions of warranties and remedies are permitted under the laws of the jurisdiction where customer is located. If applicable law requires any warranties with respect to the product, all such warranties are limited in duration to ninety days from the date of delivery.
You agree to indemnify, hold harmless and, at out option, defend out Company (including Affiliates, Officers, Directors, employees, agents, licensors, suppliers and any third party-party information providers) from and against all damages, claims, demands, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from any violation of these terms or applicable law or your user content.
MODIFICATION TO TERMS
We may change these Terms from time to time. If you purchase a Product, it is your responsibility to review these Terms periodically on the Site, and if at any time you find these Terms unacceptable, you must immediately cancel your order. (Prepaid or Gift Subscription payments will not be refunded in this or any other case). Your continued payment for a Product after any such changes constitutes your acceptance of any new Terms. New Terms will only apply proactively to products and subscriptions purchased after the date we post new terms.
MODIFICATION TO SERVICES
We reserve the right to modify the Site and / or Services at any time without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using the Site and Service, terminate your Subscription for a pro-rata refund of any amounts you have pre-paid for the Subscription (if any), or not renew the Subscription (if applicable). Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and / or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services.
This site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law and Budding Minds 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.
CHANGES TO AGREEMENT
Budding Minds may, in its sole discretion, change this agreement or any part thereof at any time without notice.
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