The Baby City website at www.babycity.co.za is owned and operated by Dis-Chem Pharmacies Ltd ("Dis-Chem"), a company registered in the Republic of South Africa under company registration number 2005/009766/06, which has its head office at 23 Stag Road, Glen Austin Ext 3, Halfway House.

These terms and conditions ("Terms") apply to your use of this website. By using this website, you acknowledge that you have read and understood these Terms and agree to be bound by them. They represent our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law. You are not authorised to use our website if you do not agree to be bound by these Terms.

We may periodically update or change the Terms of this website without giving you prior notice. You should check them regularly, as your continued use of our website means that you accept any updated or revised Terms.

This agreement is governed by the laws of the Republic of South Africa.

1. These Terms apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2. These Terms contain provisions that appear in similar text and style to this clause and which -
   
   1. may limit the risk or liability of Dis-Chem/Baby City or a third party; and/or
   2. may create risk or liability for the user; and/or
   3. may compel the user to indemnify Dis-Chem/Baby City or a third party; and/or
   4. serves as an acknowledgement, by the user, of a fact.
3. Your attention is drawn to these provisions because they are important and should be carefully noted.
4. Nothing in these Terms 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 Dis-Chem or Baby City in terms of the CPA.

• You are welcome to browse or use our website for your own personal, non-commercial shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of this website, the uploading of any unlawful or damaging information or viral software, or the creation of any links to our website from any other site whatsoever, is strictly prohibited. If we identify you as a wholesaler (i.e bulk purchases) our usual business-to-business terms and conditions will apply to any orders placed by you, a copy of which will be available on request.
• You hereby indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our website and/or its contents contrary to these Terms.
• We use cookies to identify the computer device with which you connect to our website. We reserve the right to restrict your use and access to our website or part thereof in the event of any unauthorised use.
  We reserve the right to suspend our website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these Terms or if we believe the information provided by you is untrue, inaccurate, or incomplete.
• Any indulgence of extension of time granted to you shall not be construed as a waiver or variation of any of our rights or remedies in these Terms or law.

• All reasonable steps are taken to ensure that the information on our website, social media channels and email marketing is accurate and up to date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current. Errors and omissions excepted (E&OE)
• Baby City reserves the right to limit the quantities of any item offered for sale on the Baby City Online Store
• Sale products may vary from photographs. Please note that as per SA pharmacy law requirements, images do not display for some pharmacy products.
• Offers may not be available at all stores including the Dis-Chem & Baby City Online Store.
• Any comments uploaded by our users or any authorised experts invited as our guests are their opinions alone and do not in any way represent our views, opinions, beliefs or values.

• We value your comments, ideas, suggestions and feedback ("contact us") via our website. We will not compensate you in any way whatsoever for your comments. Once received, your comments will become our property and we will not be limited in any way in the use, commercial or otherwise, of any of your comments.
• You warrant that your comments do not and will not violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any comments that are or contain any defamatory, unlawful, abusive or obscene material. We disclaim any liability towards any third party regarding your comments and you shall remain accountable towards any third party regarding any harm caused by your comments.

All rights, including copyright, trademark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this website are owned by or licensed to us. All data and information communicated to or from the website including its database also belongs solely to us or our licensors. You agree to sign all documents as we may reasonably require in order to assign any rights that you may acquire in the content of our website. You agree also to waive any moral rights in such content. You are permitted to view, print or store electronically a copy of any information on our website, including these Terms, solely for your personal, lawful, non-commercial use. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.

You are not permitted to use the content of our website, our logos or any product or other images that appear on our website without our prior written consent. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of our or our licensors' intellectual property rights.

Advertising and other promotional material of third parties may appear on our website from time to time. We do not endorse such third parties or their products and/or services. Your reliance on any information contained in such material is entirely at your own risk.

• All pharmacy products are dispensed according to the applicable SA pharmacy legislation. Please read the package insert to ensure that you are aware of any relevant product information. Should you have questions with regards to any product, please contact the Dis-Chem customer care centre who will route your query accordingly or speak to your pharmacist in store.
• Please note that the Dis-Chem website is an ordering portal only and all dispensing of pharmacy products is done in a registered pharmacy by appropriately qualified and registered dispensary staff, who may use their discretion with regards to the dispensing of legislated products or the limitation thereof.
• According to SA pharmacy law, pharmacy products may not be returned for credit.

These Terms apply to all purchases ordered online at www.babycity.co.za.

You can choose to register with us at any time or check out as a guest should you prefer. Please note that legislation requires registration and login for the purchase of certain products. Please click on Your Account to register. Registration and/or use of our online shopping website constitutes your acceptance and agreement to be bound by the Terms of our website, including the additional online shopping terms below.

• To register you will be required to provide certain information including personal details and your delivery address. When registering, you will be required to choose a user ID and a password.
• Please keep your password private. Baby City accepts no liability for any damages suffered or losses incurred from the use or misuse of your password.
• You will be required to enter your user ID and password each time you visit our online shopping site.
• To amend any registration particulars please click on "Your Account" and edit your details. 
• All information provided to us when registering shall be strictly protected in accordance with the Protection of Personal Information Act 4 of 2013 ("POPI”).

• All products displayed on our website are subject to availability and will be delivered only within the Republic of South Africa. All prices shown on our website are quoted in South African Rands and are valid and effective only in the Republic of South Africa.
• Baby City will indicate the acceptance of your order by delivering Baby City goods to you or allowing you to collect them from your nearest store, and only at that point will an agreement of sale between you and Baby City come into effect. This is regardless of any communication from Baby City stating that your order or payment has been confirmed. If required, Baby City will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, fully crediting your account or refunding you for any amount already paid.
• We reserve the right to discontinue or change the specifications of our products and services from time to time without notice. We will inform you as soon as possible if any products or services ordered by you are not available.
• Baby City reserves the right to limit the quantity of any item offered for sale. If unforeseen stock shortages become known after an order has been placed, we reserve the right to amend your order to accord with available stock and credit/refund the applicable difference to you., which we will communicate with you.
• You acknowledge that stock of all goods on offer is limited, and that pricing may change at any time without notice to you.
• Should there be unavailability of stock in respect of an order that you have placed, Baby City reserves the right to deliver to you such available stock and will fully credit/refund you for any unavailable stock as may be applicable in the circumstances.

• If the products are sold out or discontinued, these items will no longer appear in the registry. The Registry owners will need to keep track of what items are in the registry and add suitable replacements based on what is available.

• At Baby City, we are committed to offering our customers the most competitive prices. Therefore, prices shown on the Baby City website are exclusive to the website and may vary from the prices set in your local Baby City Store.
• Pricing is specifically subject to availability of stock.
• Prices include Value-Added Tax. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.
• A delivery fee will be charged for each order placed by you and will be shown on the online till slip as a separate item.

• We will debit the total value of your online order against the payment method tendered by you during the check-out process. Payment will be effected on acceptance of your order and prior to delivery.

• By placing orders on our website, you warrant that you are over the age of 18 (eighteen) and that you are authorised to make payment with the chosen payment method and that there are sufficient funds available to pay for the order.

• Baby City Online currently does not process Medical Aid claims. Please feel free to submit your claim to your scheme for reimbursement as per scheme rules.

• Mobicred is an online revolving credit facility that allows you to spend and repay the amount in monthly instalments. The displayed monthly payment amount is indicative monthly pricing for 12 months at 22.25% interest per annum including a monthly fee but excludes a once-off account Initiation Fee. Please note the interest rate is subject to change. NCRCP38/FSP 44481

• You are responsible for entering the correct Loyalty Card details when registering on our website. If you make a mistake when entering the required information, Dis-Chem or Baby City unfortunately cannot reverse the accrual of rewards.

• Orders placed online constitute your offer to purchase subject to these Terms and you agree to receive communications from us regarding orders placed online.
• We 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 Baby City come into effect (the “Sale”). This is regardless of any communication from Baby City stating that your order or payment has been confirmed. Baby City will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, crediting/refunding you for any amount already paid.

• Baby City delivers online orders 7 days a week in main metropolitan areas between 8h00 and 18h00 and all other deliveries will occur Monday to Friday between 08:00 and 17:00.
• Deliveries will usually occur within 5 working days in main metropolitan areas from when your order has been placed and paid for. Baby City reserves the right to change these delivery lead times.
• Please note that lead times for peak shopping periods (i.e religious holidays, Black Friday etc.) may be delayed and we will seek to complete deliveries within 4-10 working days.
• Baby City'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 your order. Baby City will not be responsible for any loss or unauthorised use of any product delivered to you.
• On delivery of the order to the specified delivery address, you will receive our delivery note showing the items delivered, any non-available items, the delivery fees, Value-Added Tax and the amount debited from your payment card.
• You must ensure that you or your authorised representative is available to accept delivery of your order during delivery hours. For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf. Should no-one be in attendance at the time of delivery, the driver will keep the products and leave a notice at the delivery address to this effect. The delivery service will attempt to contact you in order to arrange for an alternate delivery time. We reserve the right to charge an additional delivery fee should it be required in the circumstances. Our liability for failing to deliver the products timeously is limited to delivery being effected at a later agreed time at no additional charge.
• Please arrange that you or your authorised representative is available to provide appropriate access at the delivery address. On delivery, we will require you or your authorised representative to sign and print your or their name on a duplicate copy of the delivery note, provide OTP pin and if not available proof of identification to confirm receipt.

• We have outsourced all delivery and collection arrangements. Accordingly, we cannot, to the extent permitted by law, be liable for any damage suffered or loss incurred by reason of any acts or omissions of the deliverer, its directors, employees, sub- contractors, agents, representatives and/or affiliates.

• Deals during peak shopping periods are limited according to stock levels per customer and Baby City reserves the right to change delivery lead times for peak shopping periods.

• Proof of identification (POI) or a one-time pin will be required to complete your Baby City delivery. Once your order is confirmed, you will receive a tracking link indicating the status of delivery.

• Your use of the website is entirely at your own risk, and you assume full responsibility for any risk or loss resulting from use of the website or reliance on any information on the website.
• Whilst Baby City takes reasonable steps to ensure that the content of the website is accurate and complete, Baby City makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the website or as to the accuracy, completeness or reliability of any information on the website.
• Baby City disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the website and/or any content therein unless otherwise provided by law.
• Goods sold from the website may, under certain specifically defined circumstances, be under warranty, the website itself and all information provided on the website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
• Any views or statements made or expressed on the website are not necessarily the views of Baby City, its directors, employees and/or agents.
• In addition to the disclaimers contained elsewhere in these Terms, Baby City also makes no warranty or representation, whether express or implied, that the information or files available on the website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Baby City, its employees, agents or authorised representatives. Baby City thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the website.

• Proof of identification (POI) or a one-time pin will be required to complete your Baby City delivery. Once your order is confirmed, you will receive a tracking link indicating the status of delivery.

• Proof of identification (POI) or a one-time pin will be required to complete your Baby City delivery. Once your order is confirmed, you will receive a tracking link indicating the status of delivery.