Terms and Conditions
- Part 1 – Definitions
- Part 2 – Purchases from Petit
- Part 3 – General – terms and conditions applying to your use of the Website and any purchases made by you on the Website
- constitute an agreement of sale; and/or
- constitute an order for such product,
- An order confirmation is sent by Petit Love to you and
- you electronically submit a properly completed order for one or more products in your shopping basket; and
- payment is either authorised, or received by Petit Love in its bank account
- By Petit Love: Petit Love reserves the right, for purposes of preventing suspected fraud , to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Petit Love, in whole or in part, on notice to you. Petit Love shall only be liable to refund monies already paid by you (see Petit Love’s Refund Policy in this regard), and accepts no other liability which may arise as a result of such refusal to process any order/sale.
- By You: Save for certain exceptions (including books), and subject to certain charges, the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act") entitles you to cancel any sale concluded on this Website within 7 days after date of receipt of the goods and to obtain a full purchase price refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date). Please read the Refund Policy for further details in this regard.
- Credit card payments.
- Bank deposits & Electronic Funds Transfer.
- the exact amount must be paid;
- the payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer;
- no transfers may be made from ATM's;
- cheque deposits are subject to a clearing period.;
- no bank deposits are accepted from outside the borders of South Africa; and
- your order will be cancelled if you choose to pay by bank deposit and the amount due is not paid within 5 business days.
- Items that weigh 10kg or more;
- Electronic and Audiovisual merchandise.
- Inside the borders of South Africa
- Outside the borders of South Africa
- African countries - delivery to a post office in such African country only;
- All other countries - via airmail parcel post or via courier (the costs of courier delivery usually being very high and determined on an ad hoc basis).
- IMPORTANT TO NOTE:
- Delivery periods are only regarded as having commenced upon payment confirmation being received by Petit Love.
- If products with different delivery times are ordered together, the product with the longest delivery time will determine the delivery time of all the products in the order. Should you thus wish to receive 24 hour products within 24 hours, for example, Petit Love recommends that you order such products separately from the products requiring longer delivery times.
- Petit Love makes every effort to ensure that the information supplied on the Website is accurate. Where delays and out of stock situations occur, every reasonable effort will be made to inform the Purchaser.
- under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by Petit Love to you via the Website; and
- under sections 43(5) and 43(6) of the ECT Act in relation to Petit Love’s payment systems not being sufficiently secure,
- name and surname;
- birth date;
- gender;
- country of residence;
- closest city;
- non-personal browsing habits and click patterns;
- e-mail address;
- mobile number (if provided by you);
- IP address; and
- ID number / passport number.
- to greet you when you access the Website;
- subject to your consent, to inform you of facts relating to your access and use of the Website;
- subject to your consent, to inform you about competitions and special offers from Petit Love and/or its partners / affiliates;
- to compile non-personal statistical information about browsing habits, click-patterns and access to the Website;
- to verify your identity when transacting with Petit Love and/or Marketplace Sellers;
- to ensure that the goods are received by the addressee; and
- Petit Love shall not disclose your personal information unless –
- you consent thereto;
- through due legal process.
- Petit Love may compile, use and share any information that does not relate to any specific individual; and
- Petit Love owns and retains all rights to non-personal statistical information collected and compiled by Petit Love..
- be used for your personal use only; and
- not be disclosed to any third party.
- Products which by reason of their nature cannot be
- GENERAL RULE: If, within 3 months after delivery of a product to you,
- you find that the product is damaged, defective, or otherwise unsuitable for the purpose for which it was indicated in the product description (or otherwise generally intended); and
- you arrange to return such product to Petit Love (at Petit Love expense) by notifying Petit Love via email (to [email protected]) or by calling any one of the two stores
- to indeed be damaged, defective or unsuitable, you are entitled to either (a) have the product repaired or replaced at Petit Love expense, or (b) be fully refunded;
- NOT to be damaged, defective/faulty or unsuitable, you will be liable for the costs incurred in having such product returned to Petit Love and then re-delivered to you.
- WHEN IS THE PRODUCT 'DEFECTIVE', 'DAMAGED' O'UNSUITABLE'? Please note that the following issues/problems will NOT render the product damaged, defective or unsuitable as aforesaid and will not entitle you to any repair, replacement or refund:
- faults resulting from normal wear and tear;
- where you or someone unauthorised to do so by Petit Love, has altered the product;
- EXCEPTIONS TO THE GENERAL RULE:
- Special Offers: If the product was ordered pursuant to a “Special Offer” and such product is no longer being offered at the special price, should you elect to have the product repaired or replaced (as opposed to being refunded), Petit Love will only be able to repair, not
- Manufacturer’s Warranties/Guarantees: Certain products may carry additional manufacturer’s warranties/guarantees which are wider in scope, and/or longer in duration, than the 3 month warranty generally provided (as discussed above). Consequently, if a defect is discovered AFTE3 months from delivery, you could still rely on the following:
- You have the right to request that the funds be paid into your bank account, being your bank account as reflected on Petit Love records. Petit Love will not, in this instance, pay funds into a third party bank account.
Part 1 - Definitions
"Seller" means Petit Love with addresses at , Corner of Bird and Church Street, Stellenbosch and Shop A18 Cape Quarter, Somerset Road, Greenpoint, Cape Town Oa vendor who chooses to list product on www.petitlove.co.za, who also agrees to be bound by this agreement. Petit Love is owned and operated by PAN CARWASH trading as Petit Love, registration number: 2007/014128/07 (hereinafter referred to as "Petit Love").
"Faulty" means containing a fault or defect, imperfect or defective, and "Fault" has a corresponding meaning.
"Goods" means the goods or services which the Seller sells to the Buyer.
"Order" means the Buyer's offer to purchase Goods from the Seller, as submitted by the Buyer to the Seller via the Order page on the Website.
"Order Confirmation" means the Seller's written confirmation that it will sell Goods to the Buyer in accordance with an Order from the
Part 2 - Purchases from Petit Love
Petit Love Products & Availability
Identification of Petit Love products:
Stock availability:
Agreements of Sale
Placing a product in a shopping basket or adding it to a wishlist without completing the purchase cycle does not:
and as such, Petit Love may remove such product from the shopping basket or wishlist if stock becomes unavailable and you cannot hold Petit Love liable if such product is not available when the purchase cycle is completed at a later stage.
Termination of Sales & Cancellation of Orders
Amounts payable by You
Prices:
Delivery Charges:
Value Added Tax:
Import Duties:
Errors:
Payment Methods
Subject to the Exceptions listed below, your payment for any products ordered from Petit Love must be made to Petit Love bank account in any one of the following ways:
At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order. If such authorisation is not obtained, the order will be cancelled. If authorisation is obtained, payment in respect of the order may be collected immediately.
If you select the 'pay via bank deposit' button, instructions will be given on how to deposit monies into Petit Love ‘s bank account and it would be subject to the following rules.
Deliveries
Where we deliver: Petit Love delivers to addresses both within and beyond the borders of South Africa, save for the following types of products which will only be delivered to addresses within the Republic of South Africa:
Delivery Periods:
All Petit Love items listed on the Website if immediately available are able to be delivered within:
Goods to the following international destinations are sent as follows:
Delivery usually takes place within 2 or 3 weeks after dispatch, however, seasonal peaks and delays at customs is outside the control of Petit Love and deliveries may take up to 12 weeks.
Part 3 – General Terms and Conditions
Note that this part applies to all purchases made on the Website
Defects, Returns, Refunds & Guarantees
Should you not be satisfied with any product purchased by you on the Website (either from Petit Love or from a Marketplace Seller), by reason of a defect, incorrect choice of product, or otherwise, you may, under certain circumstances, be entitled to either be refunded or have the product repaired or replaced, as the case may be. The Refund Policy regulates your rights in this regard.
Sales Records
A full record of every sale and related transaction between you and Petit Love shall be maintained on the Website for a period of 12 months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, whereafter, you shall be responsible for retaining your own record of the relevant sale or related transaction.
Disclaimer
Save for Petit Love being liable to you –
Neither Petit Love nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website. Furthermore, Petit Love makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to [email protected].
Although the products sold via the Website may be under warranty, the Website itself is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Petit Love and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
Governing Law and Jurisdiction
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the 'Disputes' clause of these T&C, you and Petit Love submit to the non-exclusive jurisdiction of the South African courts.
Privacy
Petit Love shall take all reasonable steps to protect your personal information. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). PAIA may be downloaded from: http://us-cdn.creamermedia.co.za/assets/articles/attachments/03569_promofaccestoinfoact2.pdf
Petit Love collects, stores and uses the abovementioned information for the following purposes:
Information detailed above is collected either electronically by using cookies or is provided voluntarily by you. You may determine cookie use independently through your browser settings.
Security
Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Petit Love suffers any damage or loss.
You allow Petit Love to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.
Changes to Agreement
Petit Love may, in its sole discretion, change these T&C or any part thereof at any time on notice to you.. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website.
Disputes
Between you and Petit Love
Address for Notices
Petit Love chooses as its address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address Petit Love, The , Corner of Bird and Church Street, Stellenbosch, [email protected] (the sending of such copy being required in order for any notice to be validly delivered to Petit Love).
Term and Termination
These T&C shall commence from the date on which they are published on the Website and continue indefinitely, as amended by Petit Love from time to time, for so long as the Website exists and is operational, Petit Love being entitled to terminate these T&C and/or shut down the Website at any time.
Copyright & other Intellectual Property Rights
Any and all copyright subsisting in the Website, including these T&C, vests in Petit Love and all rights not expressly granted are reserved.
Electronic Communications
When you visit the Website or send e-mails to Petit Love, you consent to receiving communications from Petit Love electronically and agree that all agreements, notices, disclosures and other communications sent by Petit Love satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing".