Terms and Conditions
These Terms and Conditions govern your use of the Earthchild website located at the domain name www.earthchild.co.za. By accessing and using the website, the user agrees to be bound by the Terms and Conditions set out in this legal notice. The user may not access, display, use, download, and/or otherwise copy or distribute content obtained on the website for marketing and other purposes, without the consent of Earthchild.
By using this website or communicating with Earthchild by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
E-Commerce & Privacy
The website www.earthchild.co.za sells children's clothing online. The use of any product or service bought from this website is at the purchaser's risk. The purchaser/user indemnifies and holds Earthchild harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the website. The private information required for executing the orders placed through the ecommerce facility, namely the user's personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by Earthchild and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. Credit card details are not kept by Earthchild under any circumstances.
Earthchild cannot be held responsible for security breaches occurring on the user's 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 user may inadvertently have installed on his/her device.
Earthchild will supply all goods to the delivery company in good order. Earthchild will not be held liable for the condition of goods arriving at the user's chosen delivery address.
All online credit card payments are processed by the PayFast Internet Payment Gateway. Card holders may go to www.payfast.co.za to view the PayFast security policy.
Cancellation and Stock Availability
The provision of goods and services is subject to availability.
We reserve the right, for purpose of suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Earthchild, in whole or in part, if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made, and accept no liability which may arise as a result of such refusal to process any order/sale.
We will usually refund any money received from you using the same method originally used by you to pay for your order.
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 Earthchild nor any holding company, affiliate or subsidiary of Earthchild, shall 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 Earthchild is expressly advised thereof.
Privacy: Casual surfing
The user may visit the website without providing any personal information. The website servers will in such instances collect the IP address of the user device,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. Earthchild uses this information to determine use of the website, and to improve content thereon. Earthchild assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Choice of Law
This website is controlled, operated and administered by Truworths from its offices within the Republic of South Africa. Access to the website from territories or countries where the content or purchase of the products sold on the website is illegal is prohibited. The user may not use this website in violation of South African export laws and regulations. If the user accesses this website from locations outside of South Africa, that user is responsible for compliance with all local laws. 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 Cape 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 Earthchild and the user with regard to the use of the content and this website.
Updating of these Terms and Conditions
Earthchild reserves the rights to change, modify, add 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 notice of the user's acceptance to abide by and be bound by these terms and conditions, including such changes or updates.
We place great value on our customer satisfaction. You may contact us at any time by e-mailing firstname.lastname@example.org.
Earthchild is a division of Truworths Limited. Please note that all the terms and conditions applicable to the use of and transacting on the Truworths website, available here are applicable to the use of, and transacting on this site."