KidsBookClub.co.za Terms and Conditions

  1. Terms & conditions

    1. This is a legal document which details the agreement (referred to as “The Agreement”) between you, the Customer (whom we refer to as “you”, “your” or the “Customer” in this document) and us. We are Family Monthly (Pty) Ltd trading as KidsBookClub.co.za.  We are the owner of the KidsBookClub.co.za business. We are a company registered in South Africa with our physical office ‘Lanseria Centre, Pelindaba Rd, Lanseria, Gauteng, 1748’ (and we refer to ourselves as “KidsBookClub.co.za”, “we” or “us” or “our” in this document). Our company registration number is 2012/097934/07.

    2. Please note that by subscribing to any of our products or services, you agree to be bound by these terms and conditions.

    3. KidsBookClub.co.za’s service is only available for use by people residing in South Africa (Serviced Country). We do not accept orders from individuals outside this country.

    4. By subscribing to any KidsBookClub.co.za product or service, you warrant that you are

    5. At least 18 years old and you are legally capable of entering into binding contracts;

    6. Resident in South Africa and you are subscribing to our service from South Africa.

       

  2. The contract formed between you and us

    1. After placing an order for one of our subscription services, you will receive an acknowledgement from us that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a subscription service. All orders are subject to acceptance by us, and we will send a confirmation of acceptance once your order has been successful.  The contract between us will only be formed after we have billed your first month’s subscription fee and dispatched your first month’s order.

    2. The subscription plan to our service consists of a recurring charge over an initial subscription period as agreed to by you. By entering into this agreement, you acknowledge that your subscription has a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. KidsBookClub.co.za may submit periodic charges (e.g., monthly) without further authorization from you until you provide prior notice that you have terminated this authorization.  Such notice will not affect charges submitted before KidsBookClub.co.za reasonably could act.

    3. Auto-renewal, Your KidsBookClub.co.za subscription will be automatically renew on a month to month basis until which time you cancel the subscription.

    4.  Cancellation of subscription.  The customer is entitled to cancel the contract at any time, given that he/she gave KidsBookClub.co.za 20 business days notice in writing.

    5. Cancellation of subscription after a price increase.  KidsBookClub.co.za endeavours to supply our clients with products at a low price.  If, however, our suppliers increase their prices, we will also increase our prices relative to our supplier prices.  We understand that a client may not be able to afford payments if we are forced to increase their prices.  As such, if the price increase is substantial (defined as an increase in the then current price for a full order of 5% over a period of 6 months or less) then a client will be entitled to cancel their subscription prior to its expiry date without the payment of any cancellation fees.

    6. KidsBookClub.co.za will have the right to cancel this contract at any time during the subscription period, without any further obligations, and without prejudice, by giving written notice via your registered email address.

       

  3. Consumer rights

    1. If you are contracting as a consumer, you may cancel a contract at any time within seven working days, beginning on the day after you received the products. In this case, you will receive a full refund of the price paid for the products in accordance with our refunds policy (set out below).

    2. To cancel a contract, you must inform us in writing. You must also return the products to us within 10 business days at your risk and expense. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

       

  4. Billing and delivery

    1. You will be invoiced with a due date on the 1st day of each month by default.

    2. If you pay with a credit card your bank account will be debited on the due date of the invoice or just before if the date is a public holiday or Sunday.  If KidsBookClub.co.za are unable to collect, KidsBookClub.co.za may attempt to debit your account and any point in time following the due date until the amount owed is collected

    3. We dispatch orders on the 10th of every month (except in January we only dispatch on the 15th).  Delivery can be expected 15 to 17 days from payment to receipt of order.

       

  5. Risk and title

    1. The products will be at your risk from the time of delivery.

    2. Ownership of the products will only pass to you when we receive full (non-reversible) payment of all sums due in respect of the products, including delivery charges.

       

  6. Price and payment

    1. The price of our products and services and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.

    2. Prices for our subscription service will change from time to time as suppliers prices also change. Your monthly subscription fee will be invoiced at the same price as the then-current non-promotional subscription rates for the particular brand option and subscription you have chosen. price increases can be expected in either January Or February of each year. We assume that you have read the Terms and Conditions and thus will not always send out communication in this regard.

    3. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a dispatch confirmation.

    4. Debit order on your cheque or savings account are the accepted payment methods on KidsBookClub.co.za and the price you pay for your service is based on you using this payment method. You may also pay via EFT in the event that your debit order fails, however we reserve the right to charge a reasonable administration fee on each transaction.

       

  7. Changes to your KidsBookClub

    1. We automatically adjust your childs age roup on our side.

    2. You may also add and subtract additional KidsBookClub membership

  8. Availability

    1. If at the time of dispatch, one or more of the products you have ordered are not available, we reserve the right to either replace the item with a different item as agreed by you else to refund you for this item.

    2. In the case of replacing the item, we will first contact you and confirm via email or telephone to confirm you are happy to accept the replacement.  If you are not happy to accept this replacement then we will refund you for the amount of the item.

       

  9. Returns and exchanges

    1. If you return a product to us for any reason you will be responsible for the cost of returning the item to us

    2. If you are returning a product because you have cancelled the contract between us within the seven-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the product in full, and any applicable delivery charges.

        1. You may return a product in order to exchange it (if for example you received the exact same books the previous month) but only if it is within 30 days of you receiving that order

        2. If you are returning the product as you consider it to be defective, we reserve the right to examine the product make judgement on whether the product should be replaced or not. If we find that you are entitled to a replacement, we will inform you as such, and will and replace the product with a replacement of equivalent value and have it delivered to you at not charge and will refund you any amount which you reasonably incurred in returning the product to us.

           

      1. Pausing your subscription

        1. You are entitled to temporarily pause your subscription.  You may pause your subscription once (for just one month) for every three months or your subscription period.  You may choose to do this if, for example, you will be out of town or if you want a break from the books for a month.

        2. When you pause your subscription, we will also pause your invoices and therefore pause debits against your account. 

           

      2. Warranty

        1. We warrant to you that any product purchased from us will, on delivery, conform to its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

           

      3. Written communications

        1. Applicable laws require that some of the information or communications we send to you should be in writing. When using KidsBookClub.co.za, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

           

      4. Notices

        1. Notice to terminate your account can be done via our online web platform. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website or 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

           

      5. Transfer of rights and obligations

        1. The contract between you and us is binding on you and us and on our respective successors and assignees.

        2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

        3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

        4. It is at our discretion to renew monthly subscriptions.

        5. We reserve the right to pass on data generated – yet anonymous – to specially selected third parties for research purposes.

           

      6. Events outside of our control

        1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).

          1. Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

          2. strikes, lock-outs or other industrial action;

          3. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

          4. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

          5. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

          6. impossibility of the use of public or private telecommunications networks; and

          7. the acts, decrees, legislation, regulations or restrictions of any government.

          8. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

             

      7. Waiver

        1. If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

        2. A waiver by us of any default will not constitute a waiver of any subsequent default.

        3. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

           

      8. Severability

        1. If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

           

      9. Entire agreement

        1. These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

        2. We each acknowledge that, in entering into a contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

        3. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

        4. Nothing in this clause limits or excludes any liability for fraud.

           

      10. Law and jurisdiction

        1. Contracts for the purchase of products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by South African law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of South Africa.



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