Terms and Conditions
This website is owned and operated by Shugulu Baby (RF) (Proprietary) Limited (“Shugulu Baby”, “we”, “us” and “our”).
These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
The Website enables you to shop online for an extensive range of goods including, baby and toddler products, books, toys, and more (“Goods”).
Important Notice
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
may limit the risk or liability of Shugulu Baby; and/or
may create risk or liability for the user; and/or
may compel the user to indemnify Shugulu Baby; and/or
serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Shugulu Baby to explain it to you before you accept the Terms and Conditions or continue using the Website.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Shugulu Baby in terms of the CPA.
Shugulu Baby permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
Returns
Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Shugulu Baby representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Shugulu Baby representative.
Conclusion of sales and availability of stock
Consumers may place orders for Goods, which Shugulu Baby may accept or reject. Whether or not Shugulu Baby accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Shugulu Baby for the Goods.
NOTE: Shugulu Baby will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Shugulu Baby come into effect (the “Sale”). This is regardless of any communication from Shugulu Baby stating that your order or payment has been confirmed. Shugulu Baby will indicate the rejection of your order (by Shugulu Baby itself) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
Placing Goods in shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Shugulu Baby liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Shugulu Baby, Shugulu Baby will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Shugulu Baby will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
Payment
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) –
debit card; where payment is made by debit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying the Goods. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Takealot will not accept your order if payment has not been received;
Instant EFT;
cash on delivery (except where any of our exclusions apply, as listed in our FAQ); by selecting this option, you undertake to ensure that you have the exact cash on hand at the time of delivery.
Delivery of goods
Shugulu Baby offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
courier; or
self-collection.
Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
Where it accepts your order, Shugulu Baby will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
Shugulu Baby’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Shugulu Baby is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
Errors
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
Gift Vouchers & Coupons
Shugulu Baby may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Shugulu Baby Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
Gift Vouchers
Gift Vouchers that are purchased by registered users are valid for 6 months after Sale. Gift Vouchers that Shugulu Baby gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased or otherwise obtained. If your Gift Voucher value is less than the amount required to cover the full order you wish to place, you may make up the difference by paying via one of our other payment methods.
Shugulu Baby is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you.
Coupons
There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
Coupons are issued in Shugulu Baby’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
As a general rule, and unless specified otherwise on the specific Coupon itself:
each Coupon can only be used once;
only one Coupon can be used per order;
only one Coupon can be used on the Website per person per promotion/campaign;
Percentage Coupons may only be redeemed on purchases with a total cart value of less than R5,000;
where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
a Coupon must be used at check-out – it cannot be used later on existing orders; and
the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. Shugulu Baby is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us here to confirm if the Coupon is still valid. If Shugulu Baby confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Shugulu Baby, before you are able to use a Coupon.
Daily Deals and other discounted Goods
From time to time, we may offer certain Goods at discounted prices as part of a Daily Deal, App Only Deal, Bundle Deal or any other temporary deal which are explained below (each a “Deal”). These will be subject to certain conditions (as set out in these Terms and/or the Website), which define the scope of the Deal. If you buy a product within the scope of a Deal, you will pay the discounted price for that product (the “Deal Price”).
However, if you buy a product in a manner that falls outside of the scope of a Deal, then you will pay the then current (non-Deal) selling price on the Website (the “Normal Price”), for each product that falls outside the scope of the Deal.
For example: if you buy more than one product in a Daily Deal, you will pay the Deal Price for the first product, but the Normal Price for all products thereafter. Alternatively, if you buy a product in combination with any other products that together do not constitute a Bundle Deal, you will pay the Normal Price for all such products falling outside the scope of the relevant Deal.
Daily Deals
We may from time to time offer daily deals for sale under the Daily Deals tab on the Website (“Daily Deals“)
In addition, please note that Daily Deals have a stock limit and may expire earlier if stock runs out.
Daily Deals quantities are limited and as such, after a Daily Deal is sold out, those particular Goods may be available on the Website at their normal selling prices (but no longer as a Daily Deal).
We do not guarantee a specific saving. The extent of the Daily Deal or discount is at the sole discretion of Shugulu Baby.
Only one of each Daily Deal may be purchased per customer.
Adding a Daily Deal to your cart, or completing your order for a Daily Deal without paying for it, does not reserve the item for you. Shugulu Baby must receive payment from you within 24 hours of you placing your order for a Daily Deal, otherwise we will cancel your order.
Shugulu Baby will reserve stock for customers in the order in which it receives payment. Therefore if you pay via EFT, you might not get your item because Shugulu Baby may only receive payment from you a few days later, and in the meantime the Daily Deal might sell out to customers paying immediately.
App Only Deals
We also have Daily Deals (called “App Only Deals“) which will only be available for purchase using the Shugulu Baby software application (“App”), although they may also be displayed on the Shugulu Baby website and mobi-site. The App can be downloaded on IOS and Android devices. In addition to the above Daily Deal Terms and Conditions, the following terms apply to App Only Deals:
App Only Deals are only available for purchase using the App and their prices may differ from the normal selling prices at which those particular Goods may be available on the website or mobi-site.
You will only receive the App Only Deal price if you pay for your order using the App before the App Only Deal has expired or sells out. You will not receive the App Only Deal price if you pay for your order using the website or mobi-site, or if you don’t pay for your order before the App Only Deal has expired or sells out.
Bundle Deals
We may from time to time offer bundle deals for sale under the Bundle Deals tab on the Website (“Bundle Deals“). Each Bundle Deal will consist of two or more products that either we or you (as provided on the Website) have combined together in a single bundle.
Any saving or discount resulting from purchasing a Bundle Deal instead of its component products separately may be applied to any of the component products individually in our sole discretion. The actual purchase price (after applying any applicable saving or discount) of each component product will be communicated to you upon checkout and reflected in your order history. This is relevant to the amount that would be refunded to you, if you were to return any product in a Bundle Deal for a refund, in accordance with our Returns Policy.
A Bundle Deal should be distinguished from a pre-packed bundle compiled by our supplier and supplied to us as a single unit (“Pre-packed Bundles“). Any saving or discount in respect of a Pre-packed Bundle will be applied only to the total bundle price and not to the prices of the individual component products.
