Terms & Conditions
THE LEGAL STUFF :
Welcome to www.justpeachyboutique.online. We know that the legal stuff can seem pretty scary, but we just need to make sure we all on the same page. So please take the time to read our terms and conditions and let us know if you have any concerns before placing your order. Thank you, from Just Peachy Boutique!
TERMS AND CONDITIONS
We, Just Peachy Boutique own and operate from the domain name www.justpeachyboutique.online. (“the site”).
If you make use of this site, whether in your personal capacity or otherwise, you are regarded as our customer and your use of this site (whether you visit or use this site for the purpose of just browsing or whether you use it for registering an account or for purchasing products), means that you agree to be bound by the terms and conditions contained on this site at the time of use.
We have the absolute and sole discretion to change, modify, add to or remove some or all of these terms and conditions at any time. Please be advised that such changes shall become effective immediately upon such changes being posted to the site. It is your responsibility as the customer to ensure that you have read the terms and conditions when you makes use of the site.
PLACING YOUR ORDER AND ACCEPTANCE THEREOF
Whenever you buy a product through the site, you will be contracting with Just Peachy Boutique. When you place an order with us (by choosing an item and completing the online checkout process), you should receive an acknowledgement of the order by email. This will detail the products you have ordered. Please note that your completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order only takes place when we dispatch it. A ‘purchase contract’ between you and Just Peachy Boutiques therefore made at the point of dispatch, rather than at the point of payment. If you have cancelled your order, or if we notify you that we cannot accept your order, then no purchase contract will have been made. From time to time, we may not be able to accept an order for certain reasons (including but not limited to): if, unfortunately, we do not have your chosen goods in stock, where we cannot obtain authorization for your payment, if there has been a pricing or product description error and / or if you do not meet any eligibility criteria set out in our terms and conditions, we reserve the right to cancel your order at any time and issue a full refund. This does not affect your statutory rights.
We try to show the colors of the products as exact as possible on our site, but we cannot guarantee that the colors seen on screen are the same as in reality. How the colors are perceived, depend on, in part, your computer and your screen settings. In addition, where products are hand-made, the colour may vary slightly from the product displayed on the screen. This is however the nature and beauty of hand-made products and by purchasing a hand-made product, you hereby accept that possibility.
PRICES, POSTAGE AND PACKAGING
The prices of the products listed on the site are in South African Rand (ZAR), (inclusive of VAT, where applicable). If you are resident outside of South Africa, you are responsible for applicable taxes and custom fees according to your country’s policy.
For most items, prices are shown exclusive of postage. The prices are however exclusive of packaging / gift wrap charges, which shall be charged separately (if selected).
Where overnight delivery and / or where packaging (gift wrap and personal card) is requested, these will be shown separately at the checkout stage
Please allow 2 - 3 days for your order to be packaged and couriered off to you once we receive payment
This excludes our night lights as they take 4-5 working days to be made up and then they are sent off
PAYMENT OPTIONS AND SECURITY
All card transactions for payment of product will be acquired via PayFast or EFT (Pty) Ltd who are the approved payment gateway for First National Bank of South Africa. PayFast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3). Payment can only be made via Visa, MasterCard, Diners or American Express credit cards. Otherwise you can arrange to transfer money directly into our bank account, the details of which will be provided on request. We would like to reassure you that no card details are stored on our site. On that note, we cannot be held responsible for security breaches occurring on your electronic device (personal computer or other electronic device used to browse the website), which may result due to the lack of adequate virus protection software or spyware that the customer may inadvertently have installed on his/her device nor can we be held responsible for security breaches by PayFast.
Accordingly payment made via our site shall be so made at the customers own risk and the customer indemnifies and holds the company harmless against any loss, injury or damages which may be sustained as a result of its use of the site. Users may go to www.payfast.co.za to view their security certificate and security policy. If the customer has any problems paying for their order using the secure payment system, please email the company at firstname.lastname@example.org.
USE OF PRODUCT AND RISK
www.justpeachyboutique.online sells baby products that are also sourced from third party suppliers. We cannot guarantee that the products comply with the necessary safety requirements required for baby products. By posting the products on our site, we do not, expressly or implicitly endorse the products and / or their safety and / or their use. The use of any products purchased from the site, are purchased solely at your own risk.
You agree to indemnify us and hold us harmless against any loss, injury or damages which may be sustained as a result of your (or any third parties) use of the products sold on the site.
While we endeavor to ensure that the information on the site is correct, we do not warrant the accuracy and completeness of the material on the site. We reserve the right to make changes to the material on the site, or to the products and prices described in it, at any time without notice. The material on this site may be out of date, and we make no commitment to update such material.
The material on our site is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide the customer with the use of our site on the basis that it excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to our site.
Whilst we shall endeavor to facilitate the on-going access to the site 24 hours a day, the network services may from time to time be adversely affected by causes of, inter alia, interference's/system failure/maintenance/repair of the site. We therefore cannot (and will not) guarantee continuous availability of the site free from any defects. You therefore agree not to hold us liable for loss or damage resulting from any delay or failure occasioned (directly or indirectly) by the non-availability and / or lack of accessibility of the site.
ABUSE OF SITE
You agree not to use www.justpeachyboutique.online either directly or indirectly for any unlawful purpose, or to cause distress or offence to any person and / or to misuse the website in any manner whatsoever. You also agree not to upload, email to us or print any images or other copyrighted material without the express permission of the owner. More particularly, but without limiting the above, you are prohibited from posting or transmitting to or from this site any material that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; for which you have not obtained all necessary licenses and/or approvals; which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in South Africa or any other country in the world; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). You may not misuse the website (including, without limitation, by hacking). We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the above.
You are permitted to print and download extracts from this website for your own private use ONLY. The site and any contents thereof may not be reproduced, duplicated or otherwise exploited for any commercial purpose whatsoever, unless express prior written consent has been obtained from the company. In addition, no documents or related graphics on this website can be modified, distorted or otherwise altered in any way and no frame or any other browser or border environment can be created around this website. For the purposes of these terms and conditions, any use of extracts from this website other than in accordance with the clause above for any purpose is prohibited. Unless otherwise stated, the copyright and other intellectual property rights in all material on the site (including without limitation photographs and graphical images) are owned by the company or the owners thereof. If you are in breach of any of the terms in these terms and conditions, the customers permission to use this website shall automatically terminates and the customer must immediately destroy any downloaded or printed extracts from this website. You hereby indemnify us for any loss or damage we may suffer or incur as a result of your use of our information. Any rights not expressly granted in these terms are reserved.
RESTRICTED USE OF SITE
To register and / or order product with us, you must be over eighteen years of age. Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately. We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
LIABILITY AND INDEMNITY FOR USE OF SITE
The general use of this site is done absolutely at your own risk.
Without prejudice to any of our rights and securities under these terms and conditions, you indemnify and agree that you will not, under any circumstances, hold us or our directors, shareholders, agents or representatives liable for any indirect, direct or consequential loss arising from or in connection with use of the site, its services, products and materials available, whether arising in contract or delict and whether resulting from any negligent act, omission or statement or otherwise.
RESOLUTION OF DISPUTES
If you feel that you have a dispute / claim against us, you must notify the company of such dispute / claim in writing within 15 (fifteen) days of the event giving rise to the dispute / claim, failing which it shall be deemed to have been extinguished for all purposes.
These conditions shall be governed by, and interpreted in accordance with, the laws of the Republic of South Africa, notwithstanding the residence or domicilium of the parties. The parties consent to the jurisdiction of the Gauteng Division of the High Court of South Africa in relation to any legal action arising out of, or in connection with, these conditions or any legal relationship between the parties to which these conditions apply. The company shall, at its election, be entitled to institute action out of any Magistrates Court exercising jurisdiction over the customer’s person, notwithstanding that the amount of its claim or the nature of the relief sought would otherwise have exceeded the jurisdiction of that court, alternatively resort to arbitration or mediation as an alternative to litigation.
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 us with regard to the use of the content and this Website.
If you have any questions about us or our site, the relevant contact address is email@example.com or contact Victoria on 072 392 4150