Tiny Shopper Terms & Conditions

By accessing or using this site, you (the “Customer”) indicate your unconditional acceptance of these Terms and Conditions. We reserve the right, at our sole discretion, to update or revise these Terms and Conditions. Your continued use of the site following the posting of any changes to the Terms and Conditions constitutes acceptance of any changes. When you purchase items on our site you enter into a binding agreement which is governed by the Terms and Conditions further these Terms and Conditions are binding and enforceable against each and every person that or uses this Website (“you”), including each user who is registered with the website as used below (“registered user”). By using and accessing the Website and by clicking on the “Register” button on the Website, as may be applicable, you acknowledge and undertake that you have read and agree to be held to these Terms and Conditions.

 

General

  • This website can be accessed at www.tinyshopper.co.za. and related mobi-sites (the “Website”) which is owned and operated by Tiny Shopper (Pty) Ltd. (“Tiny Shopper”)
  • These Website Terms and Conditions (“Terms and Conditions”) are the procedure for all usage and the ordering, sale and delivery of goods and services, from/of the Website.
  • To place an order with Tiny Shopper you are confirming that you are of the legal capacity to enter into a contract with Tiny Shopper (of the correct age, have authority to use the credit card, etc.). We may ask for further proof that you are fully entitled to use a card (or other forms of payment) that you have used to purchase the products/services before releasing your Product.
  • These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded. No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by us.
  • The Website enables you to shop online for an extensive range of goods and services relating to kids (“Goods & Services”).
  • Tiny Shopper allows third-party sellers to list and sell their Goods on the Website (each a “Third Party Seller”).

 

Important Notice

  • These Terms and Conditions apply to users who are consumers as envisaged by 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 Tiny Shoppers or a third party; and/or
    • may create risk or liability for the user; and/or
    • may compel the user to indemnify Tiny Shoppers or a third party; and/or
    • serves as an acknowledgment, by the user, of a fact.
  • If there is any provision in these Terms and Conditions that you do not understand or aren’t entirely sure about, it is your responsibility to approach Tiny Shoppers 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 Tiny Shoppers in terms of the CPA.
  • Tiny Shoppers 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.

 

Sales & Pricing

  • 3.1 Final checkout prices shown are inclusive of taxes and shipping and are representative of the total amount payable for the ordered Product. You agree to pay the shown price for the products selected.
  • 3.2 Tiny Shopper reserves the right to change prices at any time until such a time as they issue an “Acceptance of Order” notice. If the total price differs to what was shown at checkout you reserve the right to ask for a full refund instead of paying the difference.
    Your Order remains valid as an offer until we issue our Acceptance of Order. We shall not be under any obligation to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email, letter, delivery of the order or other Confirmation of your Order by us is purely for information purposes and does not constitute the acceptance of Order.
  • 3.3 We will take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of goods and services on the site. However, should there be any errors of whatsoever nature on the website (which are not due to our gross negligence), we will 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.
  • 3.4 You will pay for the product/service in full at the time of ordering by supplying us with your credit or debit card details from a credit card company acceptable to us, which we require in order to process your order. Alternatively, you may pay by any method that we have listed as acceptable to us, but in any event, we shall not be bound to supply before we have received cleared funds in full. We reserve the right to perform a credit check and to reject/not to offer certain forms of payment and to refer you to our other forms of payment.
    • It is your responsibility to ensure that all details you have supplied us are correct and continue to be accurate. Any costs that may arise out incorrect details will be for the customer’s account. If you realize that you have made a mistake with your order after you have completed the checkout process, please contact us immediately on info@tinyshopper.co.za. However, we cannot guarantee that we will be able to accept any changes to your order in accordance with your instructions.
    • In cases where there are more than one item on your Order, we reserve the right not to supply some Items that make up your complete Order. In such a case we will only refund you for the items that are not available.

Delivery & Returns

  • 4.1 We aim to deliver the product to you at the place of delivery requested by you during checkout as soon as possible. Due to the fact that the products for a single order could come from various suppliers the delivery times might be slightly longer. Our suggested delivery times are 10-14 days.
    • Our offices opine that there is very little protection afforded to Tiny Shopper in this clause and propose a clause that reads as follows: “Where we accept your order, Tiny Shopper or the any Third Party Seller will undertake to deliver the Goods and/or Services to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment. Tiny Shopper will notify you if we are unable to deliver the Goods during the above specified 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.”
    • Estimated delivery times are calculated from when we have received payment for the order. We will let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
    • On delivery of the product, you may be required to sign for the delivery. You agree to inspect the product for any obvious faults, defects or damage before you sign for the delivery. You must keep the receipt of the delivered product should you want to return it.
    • In the event that we are unable to deliver to the provided location, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation and refund of the order or arrange delivery to an alternative address.
    • All risk and ownership of the product will pass onto the customer on delivery of the product. If you are not available to take delivery at the address you supplied (or delivery has not been able to take place by your fault) all risk and ownership will be passed to you from the time delivery was originally intended. From this point on Tiny Shopper and its listed suppliers are no longer liable for any loss or damage to the product.
    • Tiny Shopper and its suppliers will not be held liable for any damage incurred when opening the product.
    • We do not guarantee that products will suit your individual needs. If you feel you wish to return a product please contact Tiny Shopper on info@tinyshopper.co.za. Returns may be accepted for two reasons: customer decision or faulty product.
    • Returns (where accepted) need to be dispatched back to us within 14 calendar days of originally taking delivery. In order for the return to be valid we need to have received a tracking number or the original product within this 14 day period. Tiny Shopper reserves the right to change the returns policy at any stage without warning. It is the customer’s responsibility to ensure that they are aware of the returns policy prior to checking out.
    • We do not accept returns on underwear bottoms, earrings, cosmetics and final clearance sale items. The cost of returning the item is for the customer’s account. Tiny Shopper reserves the right not to accept returns for any reasonable reason and no refunds will be made on delivery fees.
    • Our products will be delivered in a new condition unless specifically stated otherwise (and if listed under the Pre-Loved section). If you feel the product that has been delivered is not in its original condition please reach out to our customer service team immediately who will try to remedy the situation.

Cancellation

  • We reserve the right to refuse to accept or process the payment on any order, and/or to cancel any sale concluded between you and Tiny Shopper and its suppliers, in whole or in part, if the product or service 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 or sale. We will usually aim to refund any money received from you using the same method originally used by you to pay for the product.
    • In the event that fraud is suspected, we may choose not to refund the payment but rather contact the police and relevant banking authority immediately and take further instruction from them.

Force Majeure

  • 6.1 Tiny Shopper shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Tiny Shopper and will be entitled to a reasonable extension of time for the performance of such obligations.

Stock Availability

  • 7.1 Tiny Shopper will indicate the acceptance of your order by delivering the goods to you, and only at that point will an agreement of sale between you and Tiny Shopper come into effect (the ‘sale’). This is regardless of any communication stating that your order or payment has been confirmed. Tiny Shopper will indicate the rejection of your order by contacting you first, then cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
  • 7.2 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 Tiny Shopper we will make 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 placing an order, Tiny Shopper will notify you and you will be entitled to a refund of the amount paid by you for such goods.
  • Tiny Shopper’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.

 

Reserved Cart

  • Goods are reserved for 10 (ten) minutes once they have been added to your cart, once the 10 (ten) minutes have lapsed the goods may be removed from the shopping cart or reserved for other customers.
  • 8.2 Placing Goods in the shopping cart without completing the purchase cycle does not constitute an order for such goods, and as such, the goods may be removed from the shopping cart if stock is no longer available or the price thereof might change without notice to you. Tiny Shopper cannot be held liable if such goods are not available or are not available at a particular price when you complete or attempt to complete the purchase cycle at a later stage.

 

Discounts & Promotions

  • You may use a Tiny Shopper discount code or promotion towards your payment for items purchased on the site. To redeem a discount code, insert the code during checkout. Promotions that do not require a discount code will be automatically applied to your cart. It is your responsibility to check that the discount has been applied to your cart before checking out. Discount codes cannot be applied to the order once the order has been placed.
  • Discount codes and promotions may have expiry dates associated with them. If you fail to use the code prior to this date it will no longer be valid and no replacement will be issued. It is your responsibility to ensure the code is used prior to it expiring.
  • We will aim to email you your voucher within 24 hours. We accept no responsibility if the details you supplied are incorrect.
  • In the event of fraud or suspicion of fraud in relation to the use of vouchers Tiny Shopper reserves the right to cancel vouchers. You may contact Tiny Shopper to appeal the decision on info@tinyshopper.co.za.
  • Tiny Shopper assumes no liability for the loss, theft or illegibility of gift or promotional vouchers.
  • Only one discount code can be used per order.
  • If the value of your discount code is more than the total product you are purchasing you will forfeit the remainder of the voucher.


Gift Vouchers

  • A Tiny Shopper gift voucher is an online voucher that can only be redeemed on www.tinyshopper.co.za.
  • Tiny Shopper Gift Vouchers are not redeemable for cash and will not be replaced if lost, stolen, destroyed or used without permission.
  • All gift vouchers have an expiry date associated with them. If you fail to use the gift voucher prior to this date it will no longer be valid and no replacement will be issued. It is your responsibility to ensure the gift voucher is used prior to it expiring.
  • The gift vouchers are not validated against the email address to which they are sent and it is the unique code that determines that the gift voucher can be redeemed.
  • We will aim to email you your voucher within 24 hours. We accept no responsibility if the details you supplied are incorrect.
  • If your gift voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
  • If the value of your gift voucher is more than the total product you are purchasing you, the remainder of the gift voucher amount will remain in your account as store credit to be used on later orders.
  • If you return an item that was bought with a gift voucher, the value will be refunded as store credit.
  • We assume no liability for the loss, theft or illegibility of gift vouchers.
  • As a general rule, and unless specified otherwise on the specific Gift Voucher itself:
    • each Gift Voucher can only be used once;
    • only one Gift Voucher can be used per order;
    • only one Gift Voucher can be used on the Website per person per promotion/campaign;
    • a Gift Voucher must be used at check-out – it cannot be used later on existing orders; and
    • the value of the Gift Voucher will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.

Security

  • Any person that delivers or attempts to deliver any damaging code to this site or attempts to gain unauthorised access to any page on this site will be prosecuted and civil damages will be claimed in the event that Tiny Shopper suffers any damage or loss.
  • You allow Tiny Shopper to take all reasonable steps to ensure the integrity and security of the site and back-office applications.
  • All credit card transactions on the site are secured by SSL (Secure Socket Layer) encryption and reinforced through various encryption processes in order to provide the most effective protection possible for all sensitive payment information. Tiny Shopper does not access any confidential information about your means of payment.


Disputes

  • Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Tiny Shopper on any matter provided for in, or arising out of these Terms and Conditions, and not resolved
    through the Tiny Shopper Team, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za.
    12.2 Tiny Shopper chooses as its address for all purposes under these Terms of Use, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following email address: info@tinyshopper.co.za. If you require a
    postal address please request it using the email address above.

Copyright & Ownership

  • 13.1 The Tiny Shopper Website is the property of Tiny Shopper (PTY) Ltd – All Rights Reserved and no portion of the website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Tiny Shopper.
  • 13.2 The contents of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website are protected by law, including but not limited to copyright and trademark law. The Website Content is the property of Tiny Shopper, its advertisers and/or sponsors.
  • 13.3 You will not acquire any right, title or interest in or to the Website or the Website Content.
  • 13.4 Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via info@tinyshopper.co.za.

 

Competitions

  • 14.1 All Tiny Shopper (PTY) Ltd competition terms & conditions are as follows:
  • 14.1.1 All winners are selected at random and the decision is final.
    14.1.2 Competitions are open to all SA residents over the age of 18.
    14.1.3 Tiny Shopper will attempt to contact the winner within 24 hours of announcing the winner. If the winner cannot be reached after 3 attempts and the prize has not been claimed within 30 days of announcing the winner or if sufficient identity of verification is not provided, Tiny Shopper reserves the right to select a replacement winner.
  • 14.1.4 Prizes are not transferable for cash and no returns are accepted on prizes.
  • 14.1.5 All entries received that are tampered with, duplicate or illegible will be void.
    13.1.6 Tiny Shopper reserves the right to terminate the competition immediately and without notice for any reason beyond its control requiring this. In the event of such termination, all participants agree to waive any rights that they may have in terms of this promotion and acknowledge that they will have no recourse against Tiny Shopper, its suppliers and staff.
  • 14.1.7 Participants in the competitions constitutes acceptance of the competition rules and entrants agree to abide by the rules. The judges’ decision is final and no correspondence will be entered into.
    14.1.8 Winners agree that Tiny Shopper may publish your name on Tiny Shopper’s marketing platforms including our website, newsletter and social media accounts. We may request you to participate in marketing activities, but you may decline such an invitation.
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