Truly Toys Terms and Conditions

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) (“the Provider”) website located at the following URL or domain name: www.educationaltoys.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.

Business hours

Orders may be placed through the website 24/7 but will generally be processed by the Provider during normal business hours (being Monday to Friday, 7:30 to 16:30 excluding public holidays and the period of closure over the December period).

Order process

The prices payable for our goods are set out on our web site and are listed in South African Rands inclusive of VAT. Goods ordered will be invoiced at these prices plus a delivery charge as applicable as set out at the time the order is placed.  The contract price will be the price at the time the order is confirmed by e-mail to the address provided after payment has been received. The Provider will make every normal effort to process the order speedily (at best within one business day of the order being received).  Proof of identity may be requested on delivery of the goods by our chosen courier.

If the Provider is unable to clearly establish the customer's permanent or temporary delivery address, an order cannot be accepted. The Provider reserves the right to refuse, or impose special conditions upon supply, where there is sufficient reason to impose such limitations. In the event that there is a fault on the website, through programming, hacking or whatsoever reason, the Provider is not bound by the terms of its offer.

Where payment instructions are incomplete due to technical reasons or otherwise and even if the customer has received an order confirmation, such order will be considered not to have been concluded. The Provider shall endeavour, however, to contact the customer to rectify the situation so that the order can be correctly confirmed and delivery can be made.

Coupons

Where Coupons are issued by the Provider these may only be redeemed by means of a purchase made online through the website. Coupons do not give change, can only be used once per purchase unless stated otherwise, and do not apply to shipping or VAT.

Payment Options

We accept Mastercard, Visa and EFT online payments. Offline EFT payments must be made within 24 hours the order being placed.

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 contents have 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 shop@trulytoys.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 seven days of the order being placed we shall have no liability unless the customer notifies us by e-mail to shop@trulytoys.co.za

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 the Provider 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. Goods on sale or special promotion may not be returned or exchanged.

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:

Truly Toys (Pty) Ltd

P O Box 53783

Troyeville

2139

By Courier

Truly Toys (Pty) Ltd

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.

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 and supplies 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.

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 Truly Toys (Pty) Ltd, a private company;
b) 3 Kimberley Road, Bertrams, Johannesburg 2094 , Telephone: +27 11 618 1337 c) Internet: www.educationaltoys.co.za, Email:shop@trulytoys.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 3 Kimberley Road, Bertrams, Johannesburg;
h) The Provider wholesales and retails educational toys and school supplies.
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 details of their 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.

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.

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: shop@trulytoys.co.za or phone us on: +27 11 618 1337

These Terms and Conditions were most recently updated on 31 August 2015.
© Truly Toys (Pty) Ltd.