Conditions of use

Orders may be placed by one of the following processes.
2.1.1    Electronic order via web site www.poshtots.co.za
2.1.2    By post to: Posh Tots, 102 Mt Edgecombe Drive, 6 Emmavale, Mt Edgecombe, 4301

Any order will be of no force or effect unless received by Posh Tots in accordance with one of these processes. Posh Tots will not accept telephone orders and furthermore Posh Tots will not process an order unless Posh Tots has received payment, as provided for in paragraph 4 below.

The order will be completed once Posh Tots has received the order in accordance with the provisions of 2.1 above, along with the payment, and it shall not be necessary for Posh Tots to confirm receipt of the order. Accordingly, whosoever places the order waves the requirement that he or she be notified that the order has been accepted.

Posh Tots reserves the right to refuse to accept and/or execute an order without giving any reasons, in which event, Posh Tots may apportion any payment received to discharge any debt owed by that customer to Posh Tots and, failing that, Posh Tots shall refund such payment.

Posh Tots reserves the right to change the price of its goods from time to time, without notice. Posh Tots will honour any order provided the tendered amount is in accordance with the published price prevailing on the day the order is placed.

The published price includes the cost of postage by ordinary mail. Where the customer requires any other method of delivery it shall be for the exclusive account of the customer and Posh Tots shall not process the order until such time that payment referred to in 4.1 is received, together with the costs of delivery.

Should Posh Tots incur any extra expense owing to suspension of work or variation of work due to incorrect instruction or lack of instruction on the part of the customer resulting in incorrect interpretation or mistakes the likes of which Posh Tots did not cause, all such extra expenses shall be paid by the customer upon invoicing.

Posh Tots must receive full payment before any order will be processed. No order will be of any force or effect until such time as Posh Tots' bank account has been finally credited with the amount due in terms of the order.

Payment is to be effected by EFT, unless agreed differently with Posh Tots.

Product distribution is done by ordinary or registered mail, as specified by the customer in which case an additional charge will be levied.

Posh Tots will have discharged its delivery requirements from such time as the product has been posted in Mt Edgecombe or, in instances where the customer has specified another form of delivery, from such time as the goods leave Posh Tots' premises.

The risk to and in any goods shall pass to the customer from the moment that Posh Tots has met its delivery requirements in accordance with the provisions of 5.2 above.

Posh Tots will dispatch all orders to the customer within five working days of confirmation of payment to Posh Tots having been finally received.

Subject to 6.2 below, Posh Tots warrants that all goods will be free from defects in material and workmanship for a period of 6 months from the date of dispatch subject to the goods being stored, used and maintained in accordance with any relevant instructions supplied by Posh Tots. No warranty claims will be entertained unless the customer notifies Posh Tots in writing within 7 days of discovery of the defect and returns the alleged defective product to Posh Tots.

This warranty does not apply when the goods have been subjected to misuse.

Posh Tots disclaims any liability to any party in respect of any consequential damages or loss which that party may suffer as a result of any defect in the goods supplied or any other breach of Posh Tots obligations in terms of this contract.

In the event that there is a shortage of goods received or any of the labels supplied are mis-spelt, the customer must notify Posh Tots with fifteen working days of Posh Tots having effected delivery in accordance with the provisions of paragraph 5 above, failing which notification, the customer will be precluded from bringing a claim against Posh Tots.

Posh Tots shall not be held responsible or liable for failure to perform any of its obligations under this agreement owing to fire, flood, industrial dispute, accident or any other cause whatsoever that is beyond Posh Tots' reasonable control.

In the event of there being any legal proceedings instituted then, in such event the parties consent to the jurisdiction of the Magistrates' Court;

Service upon Posh Tots of any process may be effected at:
102 Mt Edgecombe Drive
6 Emmavale
Mt Edgecombe
4301

Service upon the customer or the person placing the order may be effected at the address where the goods were to have been delivered.

Posh Tots will be entitled to recover interest on any amount due to it at 4% above the prevailing prime interest rate.

Posh Tots will be entitled to recover its legal costs on the scale as between attorney and client.

Posh Tots reserves the right, in its sole discretion, to alter and/or amend its standard terms and conditions of sale without notice. The customer must, before placing any order, reacquaint himself or herself with the standard terms and conditions of Posh Tots' contract by visiting Posh Tots web site or by requesting a copy of the prevailing standard terms and conditions of sale.

Posh Tots reserves the right to change and amend the prices and rates quoted on its website without any notice.

The standard terms and conditions of contract, as set forth herein, shall constitute the sole and exclusive terms of the contract concluded between the parties. No variation, amendment or waiver shall be of any force or effect unless it is either reduced to writing and signed by both parties or, in instances where the contract was amended in accordance with an e-mail or facsimile transmission, where the terms of such amendment alteration or waver has been confirmed by both parties by e-mail or facsimile transmission.

Once an order has been placed and paid for by the customer, no cancellation or changes will be accepted without written agreement between Posh Tots and the customer.