1. Introduction

1.1. The Pandylane website at https://pandylane.com (the “Website”) is owned and operated by Pandylane (Pty) Ltd, a company registered in the Republic of South Africa with registration number 2019/048832/07.

1.2. Any reference to Pandylane (Pty) Ltd (herein referred to as “Pandylane”, “we”, “our” or “us”) shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.

1.3. These Terms apply to every person that accesses and uses the Website (“you”, “your”, “user”), including without limitation each user who registers as outlined in section 6 (“registered user”). By using this website, you acknowledge that you have read and understood these Terms and agree unconditionally 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. If you do not agree to be bound by these terms, then please do not use the website.

2. Important Notice

2.1. These Terms are laid out with the Consumer Protection Act, 68 of 2008 (the “CPA”).

2.2. If there is any provision in these Terms that you do not understand, it is your responsibility to contact us to explain it to you before you continue to use the website.

2.3. These Terms are not intended to be unlawfully restrictive or limiting, or to limit or avoid any right or obligation, as the case may be, created for you or Pandylane in terms of the CPA.

3. Changes

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

4. Website Use

4.1. You are encouraged to browse or use our website to:

4.1.1. Shop for maternity and baby products

4.1.2. Read our blog

4.1.3. Engage with our buying guides, checklists and forums.

4.2. 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, virus, worm, trojan horse, malicious code, or other software that may interfere or attempt to interfere with the proper working of the website is strictly prohibited.

4.3. You may not use this website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

4.4. By using this website you warrant that you are of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms to be liable and responsible for you and all your obligations under these Terms.

4.5. By using this website, you agree that it is your sole responsibility to comply with any and all laws, rules and regulations that may apply to your use of this website.

5. Registration

5.1. You may create an online account on the website, either by going to the Account page or during checkout.

5.2. To register, you must provide a unique username and password as well as provide certain Personal Information as per our Privacy Policy. You will need to use your unique username or email address and your password to access your account.

5.3. You agree that the login details you create upon registration shall:

5.3.1. be used for personal use only; and

5.3.2. not be disclosed to any third party

5.4. You agree that, once the correct login details for your account has been entered, irrespective of whether the use of the login details is unauthorised or fraudulent, you will be liable for any orders or contributions made from your account.

5.5. If you believe your details are being used by someone else, please contact us at info@pandylane.com immediately.

6. Orders

6.1. Orders may be placed by registered users or by users who have not created an account.

6.2. Certain products are kept in stock, while others are ordered from our suppliers when an order is received by us.

6.3. Stock of all products is limited and availability and pricing may change at any time without notice to you. We take all reasonable efforts to monitor stock levels and display when a product is out of stock, however, we do not guarantee that any or all products will be available when an order is placed.

6.4. We cannot be held responsible if our suppliers are out of stock of any or all of the products ordered. However, in the case that an order is placed and one or more of the products is out of stock, we will inform you by the end of the next business day. You will be entitled to a refund of the amount paid for such products.

6.5. You may cancel your order at any time before the order has been collected by our courier partner. Thereafter, you may return any or all of the products as per the Delivery & Returns Policy.

6.6. Placing products in a wishlist, gift registry or cart, without completing the purchase process, does not constitute an order for the products, and as such, products may be removed from the cart if the product is no longer available or the price thereof might change without notice to you. We are not liable if such products are no longer available, or not available at the particular price when you complete or attempt to complete the purchase process at a later date.

7. Payments

7.1. We are committed to providing secure online payment facilities. All transactions are encrypted and protected with appropriate technology.

7.2. Payment may be made via

7.2.1. the PayFast Payment Portal; or

7.2.2. Electronic Funds Transfer (“EFT”); or

7.2.3. Pandylane Vouchers or Gift Certificates; or

7.2.4. the Yoco Payment Portal; or

7.2.5. payment from medical aid schemes that we have agreements with.

7.3. The PayFast Payment Portal allows payment by:

7.3.1. Credit and cheque cards (Visa & Mastercard)

7.3.2. Instant EFT (FNB, ABSA, Standard Bank, Nedbank, Capitec, Investec, TymeBank, African Bank)

7.3.3. Mobicred

7.3.4. MoreTyme

7.3.5. Masterpass

7.3.6. Debit cards (Maestro & Visa Electron)

7.3.7. SnapScan

7.3.8. Store Cards (RCS)

7.3.9. Zapper

7.3.10 Paystack

7.3.11 Payjustnow

7.4. When your payment is handled by PayFast, you are bound by both PayFast’s End User Agreement and our Terms of Service. You can access PayFast’s End User Agreement here: https://www.payfast.co.za/legal/end-user-agreement/

7.5. The Yoco Payment Portal allows payment by:

7.5.1. Credit and cheque cards (Visa & Mastercard)

7.6. When your payment is handled by Yoco, we are bound by our merchant agreement, as well as their privacy policy available at: https://www.yoco.com/za/terms/

7.7. Products will only be released for delivery once payment has been received into our banking account.

8. Delivery

8.1. The products that you order will be delivered to you through the services of one of our courier partners or through our internal delivery service.

8.2. There is no option for collection.

8.3. The products will be delivered to the address selected during Checkout, unless you provide us with an updated Delivery Address prior to the products being dispatched with our courier partner.

8.4. We take no responsibility for any loss or damage, for any reason, including but not limited to negligence, once the package has been collected by the courier partner.

8.5. Any additional charges that may be levied in respect of the delivery or in the case of a forced return will be payable by you.

8.6. We shall endeavour to have the products delivered within 10 days of the payment being received by us. However, we shall not be held liable for any late deliveries.

8.7. Our obligation to provide the products ordered is fulfilled upon delivery. We are not responsible for any loss or unauthorised use of the products after delivery to the physical address nominated by you.

9. Errors

9.1 We take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of products on the website. However, should there be any errors of whatsoever nature on the website (which are not due to our gross negligence), we shall 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 Delivery & Returns Policy.

9.2. We are not bound by any incorrect information regarding products listed on our website or on any third-party website.

10. Gift Vouchers & Coupons

10.1. We may, from time-to-time, produce physical or electronic gift vouchers (“Gift Vouchers” or “Gift Certificates”) and promotional coupons or discount vouchers (“Coupons”) available for use on the website towards the purchase of products.

10.2. Gift Vouchers and Coupons can only be redeemed while they are valid, and expiry dates cannot be extended.

10.3. Gift Vouchers:

10.3.1. that are purchased by registered users are valid for 2 years after sale, unless otherwise specified on the voucher. If the voucher has not been redeemed within this period, it will expire.

10.3.2. cannot be used to purchase other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased or otherwise obtained. If the Gift Voucher value is less than the amount required to pay for the full order value, you may make up the difference by using a different payment method.

10.4. We are not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you.

10.5. Coupons:

10.5.1. may be a Coupon with a fixed amount of discount (e.g. R100 off) (“Fixed Coupon”), or may be a coupon with a percentage discount (e.g. 10% off) (“Percentage Coupon”), or may be a coupon that allows Free Delivery (“Delivery Coupon”), or a combination of other types of Coupons (“Combination Coupons”).

10.5.2. are issued in our sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.

10.5.3. unless otherwise specified:

10.5.3.1. can only be used once;

10.5.3.2. can only be used individually per order (one Coupon per order)

10.5.3.3. can only be used once per person per promotion/campaign

10.5.3.4. Must be used at checkout – it cannot be used later on existing orders; and

10.5.3.5. the value of the coupon will be set off against the value of your cart and the balance remaining, if any, will be payable by you.

10.5.4. Percentage Coupons can only be redeemed on purchases with a total order value of less than R5 000.

10.5.5. Where a Percentage Coupon has been used and you wish to cancel any products in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again without the product you wished to cancel.

10.5.6. Combination Coupons that include any form of percentage discount are also bound by the above terms for Percentage Coupons.

10.5.7. Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged for cash or credit.

10.5.8. We are not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.

10.5.9. If, for any reason, a Coupon does not reflect on the final amount due from you at checkout, it is your responsibility to contact us to confirm that the Coupon is still valid. If the Coupon is still valid, and the order has already been placed, you can choose to cancel the order and place it again with the Coupon, or, you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.

10.5.10. You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by us, before you are able to use the Coupon.

11. Promotions and Discounts

11.1. At our discretion, we may, from time to time, offer sales and discounts for products on our website.

11.2. Quantities are limited and as such, after a promotion is sold out, those particular goods may be available on the website at their normal selling price, or, they may become unavailable if there is no more stock.

11.3. We do not guarantee a specific saving. The extent of the discount is at our sole discretion.

11.4. Adding a promotional product to your cart, or completing your order without completing payment (there is a 2 working day window for your payment to reflect in our banking account before the order is cancelled), does not reserve the product at the promotional price and the product may sell out.

11.5. The list price shown in respect of a discount or promotion is the recommended retail price, or, our normal selling price.

12. Returns

12.1. Please refer to our Delivery & Returns Policy for more information about returning products. The Delivery & Returns Policy is incorporated by reference.

13. Reviews & Contributions

13.1. Registered users will be permitted to contribute to forums and discussions, or review purchased products.

13.2. We reserve the right to remove any review or contribution in the event that it is untrue, inflammatory or libellous.

13.3. Harassment and bullying of other users is strictly prohibited.

13.4. The views of other users, under any circumstance, do not reflect the views or opinions of Pandylane.

14. Warranties & Representations

14.1. You warrant and represent that the Personal Information provided by you is and shall remain accurate, true and correct and that you will update the Personal Information held by us to reflect any changes as soon as possible.

14.2. You further warrant that when using the website, you:

14.2.1. are not impersonating any person; and

14.2.2. are not violating any applicable law

14.3. We make no representations or warranty that the website or services will:

14.3.1. meet your needs;

14.3.2. be accessible at all times;

14.3.3. be accurate, complete or current; or

14.3.4. be free from viruses.

14.4. We make no representation or warranty as to the volume or subject area of services accessible through the website.

14.5. Except for any express warranties in these Terms, the services are provided “as is”. We make no other warranties, express or implied, statutory or otherwise, including but not limited to warranties or merchantability, title, fitness for a particular purpose or non-infringement.

14.6. Although we have stringent security protocols, we do not provide any warranties against viruses, spyware or malware that may be installed on your computer as a result of you accessing or using our website.

14.7. We do not warrant that your use of the website will be uninterrupted or error free.

14.8. Although we endeavour to update and review the information on our website, we do not warrant that the information on our website is updated, correct, accurate or reviewed.

14.9. We shall not be liable for delays, interruptions, service failures or other problems inherent in the use of internet and electronic communications or other systems outside our control.

15. Limitation of Liability

15.1. Your use of this website is entirely at your own risk.

15.2. We are not responsible for, and you agree that we will have no liability in relation to, the use of and conduct in connection with our website, or any other person’s use of or conduct in connection with our website, in any circumstance.

15.3. Although we endeavour to provide safe and reliable advice, we are not responsible for any damages or loss due in connection with our services, the guidance we provide or the advice that we give. Our guidance does not constitute medical advice. Should you have a medical conern, please consult a medical professional.

15.4. We cannot guarantee or warrant that any file downloaded from the website or emailed to you will be free of infection or virus, worms, trojan horses or other code containing destructive or contaminating qualities.

15.5. You indemnify us, and agree to keep us indemnified against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with any improper use of or conduct in connection with our website, including any breach of these terms or applicable laws.

15.6. To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for these terms, might apply in relation to your use of the website.

15.7. To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or delict (including negligence), to you will be limited to the minimum amount imposed by such law.

15.8. Notwithstanding anything to the contrary in these terms, in no circumstances will we be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of the Services of any type, whether in delict, contract or otherwise.

16. Copyright

16.1. The contents of our website are the property of Pandylane, unless specified otherwise, and are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website and/or the Services, is our property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.

16.2. Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.

16.3. Users are expressly prohibited to “mirror” any content, contained on the Website, on any other server unless our prior written permission is obtained, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.

16.4. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website, so long as the link does not portray us, our affiliates, Goods or Services in a false, misleading, derogatory, or otherwise offensive manner. A User may not use our logo or other proprietary graphic or trademark as part of the link without our permission or the permission of our affiliates or content suppliers.

16.5. All trademarks and copyrights, together with any other intellectual property rights, in and to any of the content of the Website, where not evidently that of third parties, are the exclusive property of Pandylane.

17. Intellectual Property

17.1. A User undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website including any algorithm used by us.

17.2. We own or are licensed to use all intellectual property on the Website. A User may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose.

18. Breach

18.1. If either Party commits a breach of the Terms and fails to remedy such breach within 7 (seven) days of receipt of written notice requiring the breach to be remedied, then the Party giving notice shall be entitled, at its option, either to cancel the Terms and claim damages or alternatively to claim specific performance of all the defaulting Party’s obligations, together with damages, if any, whether or not such obligations have fallen due for performance.

19. Arbitration

19.1. Any dispute which arises between the Parties in respect of the Terms shall require the Parties to use their best endeavours to resolve the dispute informally within 7 (seven) days of the dispute having been raised in writing.

19.2. If either Party provides written notification to the other that such attempt has failed then each Party shall attempt to agree upon the appointment of a suitably qualified mediator, within 10 (ten) days of such dispute being referred.

19.3. If agreement is not reached as to the appointment of such mediator within 10 (ten) days after either Party has in writing called for the appointment of a mediator, or where an appointment has been agreed upon and such mediator is not able to mediate a resolution of such dispute within 30 (thirty) days after such appointment then any Party may give written notice to the other Parties referring the dispute to arbitration in accordance with the rules of Arbitration Foundation of South Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA.

19.4. Either Party may demand that a dispute be referred to arbitration by giving written notice to that effect to the other Party. This clause shall not preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.

19.5. The arbitration shall be held –

19.5.1. at/in Gauteng or other venue agreed by the parties in writing;

19.5.2. in English; and

19.5.3. immediately and with a view to its being completed within 21 (twenty one) days after it is demanded.

19.6. The Parties irrevocably agree that the decision in arbitration proceedings:

19.6.1. shall be final and binding upon them;

19.6.2. shall be carried into effect;

19.6.3. may be made an order of any court of competent jurisdiction.

20. Assignment and Novation

20.1. We may assign or novate any of our rights or obligations under these Terms without a User’s consent. A User may not assign or novate any of his/her rights.

21. Force Majeure

21.1. The failure of either Party to fulfil any of their obligations under these Terms shall not be considered to be a breach of, or default provided such inability arises from an event of Force Majeure, and that either of the Parties who may be affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures in order to meet these Terms, and has informed the other as soon as possible about the occurrence of such an event.

21.2. During the subsistence of Force Majeure, the performance of both Parties under these Terms shall be suspended, on condition that either of them may elect to cancel any Services should the event of Force Majeure continues for more than 14 (fourteen) days by giving written notice to the other.

22. General

22.1. To the extent permitted by law, these Terms shall be governed by and be construed in accordance with South African law, and any dispute arising out of these Terms shall be submitted to the competent South African courts having the requisite jurisdiction to hear the matter.

22.2. Subject to the dispute resolution provisions above, to the extent necessary and/or possible, you consent to the non-exclusive jurisdiction of the High Court in Gauteng or an alternative appropriate South African court seized with appropriate jurisdiction in all disputes arising out of the Terms, our Services, and/or related agreements incorporated by reference.

23. Severance

23.1. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by us to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.

24. Domicilium Citandi Et Executandi and Contact Information

24.1. The User and Pandylane choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:

24.2. Pandylane (Pty) Ltd: 3 Kent Avenue, Sandringham, Johannesburg, 2192. Email: info@pandylane.com.

24.3. User: The address as provided when registering on the Website.

24.4. Both the User and Pandylane may change its domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (Seven) days after receipt of notice of change of domicilium.

24.5. All notices to be given in terms of these Terms will:

24.5.1. be given in writing;

24.5.2. be delivered or sent by email; and

24.5.3. be presumed to have been received on the date of delivery.