TERMS & CONDITIONS

INTRODUCTION

Hammond Kids is a business that specializes in children’s furniture, children’s linen, children’s decor and accessories. These Terms are the terms of the relationship between Hammond Kids and you. This website is operated by Hammond Kids South Africa. Throughout the site, the terms “we”, “us” and “our” refer to Hammond Kids. Hammond Kids offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These Terms cover the use of this Website, including any of our other marketing material. By visiting and using this Website, you accept and agree to these Terms. Remember that you must always comply with the Agreement. If you do not understand any terms, you must ask someone to explain them to you.
These general and specific terms, form an agreement between you and us, so please make sure that you understand all of them.

GENERAL

Before continuing to use our Hammond Kids website, please read through our T’s and C’s. By visiting our website and purchasing products from us, you agree with these terms and conditions. If you do not agree to all the terms and conditions in this agreement, you may not access our website or make use of any of our services. The terms and conditions is applicable to all users of this website. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current online store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. Our Hammond Kids online store is hosted by Mind Field Design, who provides us with the e-commerce platform to provide our service to you.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page regularly for changes. Your continued use of/or access to the website following the posting of any changes, constitutes that you agree and accept those changes.

 

CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content, not including credit card information, may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by Hammond Kids. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

FEES and PAYMENT

Payments must be made as per the agreed due dates, in the currency as per the purchase agreement/order. All prices on our online store include VAT. All prices on our online store exclude delivery charges. Online payment can be made using one of the save and secure options on the website of our online store. Despite our best efforts, the stated Fees may be incorrect. We will confirm/check the Fees for any Goods or Services when we/you accept the product offering. A minimum deposit of 50% is required for products that must be manufactured. Each order is custom made for you and we require the remaining 50% payment, thus payment in full, before the delivery will commence. Some of our products may have a different deposit %, depending on the supplier. If you fail to pay the amounts as agreed, there will be additional late payment charges, penalties/surcharges/interest, the latter as per the overdraft rate of the bank used by Hammond Kids. Products will be released once all outstanding amounts has been settled.

 

ORDERING PROCESS

The marketing of the Goods or Services by us is merely an invitation to do business with you or for you to make an offer to purchase Goods or Services from us. Ordering with Hammond Kids is simple. Quotations can be requested online or telephonically. On acceptance of our quotation we would require a 50% deposit and confirmation of delivery address/contact details. We do deliveries countrywide, subject to you accepting the delivery quotation. Due to the fact that all our products are custom made, we have a manufacturing lead time of between 3 to 6 weeks, depending on ‘supply and demand’. You will be duly notified regarding the manufacturing process, in exceptional circumstances customers will be advised in advance of any delays. It is your responsibly to request, before making the agreement/purchase payment, to inquire regarding the delivery/courier cost. Please note: The Customer shall ensure that the items ordered from Hammond Kids online store, is the correct dimensions and/or specifications to allow delivery to the given delivery address. No refunds will be given due to items that we are unable to deliver due to size restriction at the given delivery address.

It is the responsibility of the client to ensure that the items ordered from HK online store, will fit You will be contacted via a phone call or email to be notified when delivery or collection are sent out within the 3 to 6-week manufacturing period. Balance of payment is required on notification of delivery or collection. Hammond Kids and you conclude a valid and binding Order when we accept the offer made by you.  We only accept an offer relating to Services, when we begin providing the Services. We may accept or reject any offer. If we do not accept any offer, then we will refund any monies already paid by you.

 

MANUFACTURING LEAD TIME

Manufacturing of your custom order will only commence upon confirmation of receipt of your deposit. Once we receive the payment notification confirmation, your order will be activated. This means that If you pay by cheque we will have to wait 10 working days for it to clear before commencing manufacturing of your order. SMS notifications are not bank guaranteed and not acceptable as “proof of payment”.

Please note that we carry limited stock and that ordered products may have a lead time of up to 6 weeks to manufacture. We may not always have the Goods on which you make offers in stock. Our service level agreement with you is to manufacture your product with the shortest lead time. At Hammond Kids we strive to ‘under promise and over deliver’. PLEASE NOTE: Our single, 3/4 and double bunks and beds are manufactured for children up to a maximum weight of 80KG and teenagers up to a maximum weight of 100KG. Items are delivered disassembled and customers are required to assemble the products themselves, in geographical areas outside the border of Cape Town. Please contact us at kids@hammondkids.co.za for further information or clarification.

 

DELIVERY

Delivery will commence, once the full amount has been received, within the agreed lead time. The date and time of delivery will be agreed with you once the order is ready to be dispatched, and will be agreed/communicated via an email or telephonically.

PLEASE NOTE: Contact us for your delivery quotation before placing/paying for your order. We will give you all available shipping options and charges before you complete your purchase order. If you are located in a regional area, outside Cape Town, in which case we will obtain a custom quote.  Unless otherwise agreed in writing, we will select the specific mode of shipment of the goods and the cost of shipment will be for your account. We will pack the goods in accordance with our packaging specifications, in agreement with our suppliers. Delivery charges are calculated based on dimensions and/or volume of the product. The volumetric weight of the products you purchase will be multiplied by an average cost per kilogram, determined by the delivery address provided by you. If volume details are required for a particular order, then we are happy to provide these details. National delivery is outsourced to reliable 3rd party service providers. Please contact us on 086 157 7777 or email us on kids@hammondkids.co.za for information on our logistics partners and delivery pricing.

PLEASE NOTE: Hammond Kids deliver nationwide throughout South Africa, however there may be parts of South Africa we are unable to ship to/or ship cost effectively.

We do not ship outside of SA borders, however, we can arrange collection through another supplier.

Items are delivered disassembled and customers are required to assemble the products themselves, in geographical areas outside the border of Cape Town. We cannot be held liable for the incorrect assembly of any Goods by you or any third party. Please contact us at kids@hammondkids.co.za for further information or clarification. Goods need to be inspected upon the arrival of the delivery. Any damage or defect must be reported within 24 hours, this includes workmanship and any other concerns. We at Hammond Kids will not take responsibility for damage to products after delivery, incorrectly ordered goods, or goods that was ordered and is now deemed unsuitable for its intended purpose or items incorrectly assembled by the customer. Goods not claimed by you, in other words unclaimed items, will be stored by Hammond Kids for the period of one month. After this month, these item/s will be sold to cover the cost incurred by Hammond Kids.

 

RETURN AND REFUND POLICY

We trust you will be happy with your product or products purchased from Hammond Kids. Should you wish to return a product to us, please contact us within 3 working days. Please notify us in writing and we will refund you, minus the cancellation fee of 15%. This is to cover administration and process costs involved in the manufacturing of your products. We cannot refund or exchange self assembly items if they have been assembled, unless faulty. Return delivery or courier cost is at the expense of the customer. You will have the same rights against us as we have against the supplier regards defects in the Goods, the intention being that our liability to you will be co-extensive with the right of recourse we have against the supplier. To the extent legally possible, we assign to you the benefit of any supplier warranties that a supplier may give to us regarding the Goods.  You may not waive any of our common law rights as against the supplier. Warranties of up to 6 months are imposed by the Consumer Protection Act for manufacturing defects but not in the case of negligence on the part of the customer or general wear and tear. If goods have already been delivered to you, then they must be returned to us before a refund can be processed. Products must be returned to us in the original, undamaged packaging. We may withhold up to 50% of the purchase price of returned products should the product or packaging be in such a condition that the item is not fully re-saleable.

 

ONLINE STORE TERMS

By using this site, agree to these terms of Service, you represent that you are at least the age of majority in your province of residence, or that you are the age of majority in your province of residence and you have given us your consent to allow any of your minor dependents to use this site. We are in compliance with the requirements of the Children’s Online Privacy Protection Act, we do not collect any information from anyone under 18 years of age. Our website, products and services are all directed to people who are at least 18 years old or older. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

ACCURACY and COMPLETENESS OF INFORMATION

We are not responsible if the information that is provided on this site is not accurate, complete, current or relevant. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

MODIFICATIONS TO OUR SERVICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or Product.

 

PRODUCTS OR SERVICES WHERE OR WHEN APPLICABLE

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at our online store. We cannot guarantee that your computer monitor’s display or alternative device that you may use, will reflect the color accurately.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, in any geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. We may exercise these rights on a case-by-case basis. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

ACCOUNT INFORMATION AND BILLING

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information for all purchases made at the Hammond Kids online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed to proceed with your order.

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans or materials, whether online, by email, by postal mail, personally or collective; you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence; pay compensation for any comments or respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers. We may also, in the future, offer new services or features through the website. Such new features or services shall also be subject to these Terms of Service. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

You may choose to restrict the collection or use of your personal information in the following ways;

whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at kids@hammondkids.co.za. We will not sell or distribute your personal information to third parties unless we are required by law to do so. You may request details of personal information which we hold about you under the Data Protection Act 1998, at a fee. If you believe that any information we are holding on you is incorrect or incomplete, please email us at the above address. We will promptly correct any information found to be incorrect.

 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, even if you have submitted your order with us.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of the service is at your sole risk. The service and all products and services delivered to you through the service are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind.

In no case shall Hammond Kids, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort inclusive of negligence, strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content or product posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SALVATORIUS -SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service and that the remainder of the contract should still apply, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

COMPENSATION FOR HARM OR LOSS – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Hammond Kids and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

DISCONTINUANCE

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you stop using our website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services, or any part thereof.

 

FULL AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities, being open to more than one interpretation, in the interpretation of these Terms of Service shall not be construed, interpret these Terms & Conditions in a particular way, against the drafting party.

 

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 147 Kusweg, Somerset West, Helderberg, Western Cape, 7137, South Africa. The Agreement is governed by and must be interpreted under the laws of the Republic of South Africa and you agree to submit to the exclusive jurisdiction of the South African courts. If any parties are unable to resolve a dispute, the dispute will be finally resolved by expedited arbitration in accordance with the dispute resolution procedures and rules http://www.arbitration.co.za/Pages/docs/expedited_rules.pdf of the Arbitration Foundation of Southern Africa in the city where we have our head office in English.

 

CIRCUMSTANCES BEYOND CONTROL
No party will be responsible for any breach of the Agreement caused by circumstances beyond its control, including any breakdown or failure of power supply, political unrest, the Internet, any telecommunications systems, or any computer hardware or software.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at kids@hammondkids.co.za.

© Copyright 2018 Hammond Kids PTY LTD