Terms of service

TERMS AND CONDITIONS OF TRADE

APPLICABLE TO ALL BUSINESS/SALES TRANSACTED WITH THE QUIRKY GIRAFFE (PTY) LIMITED (Reg. No. 2025/148425/07)

 

Welcome to The Quirky Giraffe (www.thequirkygiraffe.co.za). These Terms of Service govern your use of our website and the services we provide and the purchase of goods. By accessing or using our website, you agree to be bound by these Terms. You acknowledge and agree that the goods purchased shall be subject to the conditions stated herein unless specifically varied by The Quirky Giraffe in writing, and these conditions shall at all times take precedence over any terms, conditions or stipulations contained in any of your correspondence or documentation as may be in conflict herewith. Should you in any way purport to attach any conditions which vary, amend or are in conflict with the conditions set forth herein, then, notwithstanding anything to the contrary stipulated by you, the conditions set forth herein shall prevail and be of full force and effect unless specifically varied by The Quirky Giraffe in writing with specific reference to your contrary documentation.

 If you do not agree with any part of these Terms, you must not use our website.


1. Use of Our Website

You agree to use our website only for lawful purposes. You may not use the website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the website.

Any use of our site for illegal, fraudulent, or nefarious activities is strictly prohibited. We reserve the right to cancel orders, block access, or take legal action if misuse or prohibited conduct is detected.


2. Privacy Policy

We value your privacy and handle your personal information in accordance with the Shopify Privacy Policy and the Protection of Personal Information Act (POPIA) of South Africa. For detailed information, please refer to Shopify’s Privacy Policy on our website.


3. Products and Pricing

We strive to ensure all product descriptions, images, pricing, and availability are accurate and up to date. However, errors may occasionally occur. We reserve the right to correct any errors or inaccuracies and to cancel or refuse orders if pricing or other product information is incorrect, even after an order has been submitted.

All prices are in South African Rand (ZAR) and are inclusive of VAT unless otherwise stated.


 

4. Shipping and Delivery

We aim to dispatch all orders within 2 – 5 business days. While we do our best to ensure timely delivery, we are not liable for any delays or issues caused by our third-party courier partners. We will, however, assist in resolving any courier-related issues where possible. Time shall not be of the essence of the contract and delivery dates shall be treated as approximate only based on the latest information available to The Quirky Giraffe. Under no circumstances will you be entitled to withdraw from or terminate the purchase on account of any delay in delivery or have any claim of any nature whatsoever against The Quirky Giraffe arising from late delivery. Ownership in the goods sold and delivered shall only pass to you when the purchase price in respect of those goods, has been paid in full. Risk in and to the goods shall, however, pass to you upon delivery.

 


5. Cancellation of Orders

We reserve the right to cancel or withhold any order if we suspect any form of illegal, fraudulent, or suspicious activity. If an order is cancelled under such circumstances, you will be notified, and any payment will be refunded if applicable.


6. Intellectual Property and Copyright

All content on our website, including images, graphics, logos, product descriptions, and designs, are the property of The Quirky Giraffe and are protected by copyright and intellectual property laws. You may not copy, reproduce, or use any of our content without our prior written consent.


7. Accounts and POPIA Compliance

Customers may create an account on our site to access order history and streamline the checkout process. We handle all account information in accordance with the Protection of Personal Information Act (POPIA). Your personal information will be stored securely and not shared with third parties without your consent, unless required by law.


8. Product Certification and Safety/Warranties

All our baby products are tested and certified for safety and quality. If you require documentation or certification for any of our products, please contact us at [Insert contact email] and we will provide the necessary information.

It is a condition of each sale that goods are sold voetstoots and save for the warrantee referred to herein The Quirky Giraffe makes no other warrantee in respect of the goods sold. You acknowledge that The Quirky Giraffe is not the manufacturer of the goods supplied by it and you shall avail yourself of the manufacturer’s warranty where applicable and you further undertake to safeguard such warranty and not to invalidate it in any manner whatsoever. Should you have any complaint of whatever nature concerning any of the goods purchased and delivered, you shall be entitled to require The Quirky Giraffe to cede to it any rights which it may have against the supplier/manufacturer of those goods.  Subject to the foregoing, the provisions of The Quirky Return & Refund Policy shall apply.


9.The Quirky Return & Refund Policy

Because Happy Parents = Happy Babies (and vice versa!)

At The Quirky Giraffe, we know parenting is full of surprises — some adorable, some chaotic — and our job is to make sure shopping with us isn’t one of the stressful bits. We're all about supporting parents and keeping those baby smiles going strong. So if something's not quite right, we’ll do our absolute best to make it better.


General Returns

We accept returns only under the following conditions:

  • If any of our products fail to comply with any purchase order or the requirements, representations or warranties of these terms and conditions (“Non-Conforming Products”), you will notify The Quirky Giraffe in writing within 10 days following delivery to you of the Non-Conforming Products. You will provide to The Quirky Giraffe any documentation that it may reasonably request related to non-conformity, such as photographs.  In the event of Non-Conforming Products, and provided that the non-conformity was not caused by you, or due to misuse or handling after  delivery of the Product to you, The Quirky Giraffe  will, at its option: (i) replace the Non-Conforming Products at no additional charge to you ; or (ii) refund the Price that you has  paid for such Non-Conforming Products.  In either event you shall return the non-conforming product to The Quirky Giraffe. If the item is no longer available, you can choose between a refund or store credit — whichever works best for you.

·         You acknowledge and agree that the remedies set forth in this Section are your exclusive remedies for the delivery of Non-Conforming Products.

·         To start a return, contact us at orders@thequirkygiraffe.com with your order number and reason for the return. We’ll get back to you faster than a toddler in a toy aisle.


10. Limitation of Liability.  

The Quirky Giraffe will in no event be liable for any incidental, contingent, special, consequential, or other indirect damages, including, but not limited to, for bodily harm or personal injury to, illness of, or death of persons and damage to property.   loss of profits, revenue or usage, cost of substitute goods, additional costs incurred by you, or claims of your customers or third parties. The Quirky Giraffe’s  total liability to you for damage or loss arising out of, or in any way related to, the sale of goods hereunder, whether based in contract, delict (including negligence and/or gross negligence), strict liability, breach of warranty or any other cause, shall in no event exceed the price of the products to which such claim relates.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of South Africa. Any disputes arising under these Terms will be resolved in accordance with South African legal procedures. You agree that any legal action or proceeding will be brought in the appropriate courts located in South Africa.


12. Changes to Terms

We may update these Terms from time to time. Continued use of the website after any such changes shall constitute your consent to such changes. We encourage you to review this page periodically for the latest version.


13. Domicilium

You choose your domicilium citandi et executandi for all purposes under these Terms and Conditions of Trade, where all notices and processes may be served at the address supplied by you for the delivery of goods purchased.

 

The Quirky Giraffe chooses its domicilium citandi et executandi for all purposes under these Terms and Conditions of Trade, where all notices and processes may be served at Unit 2 Leicester Close Sovereign Street Bedfordview Gauteng.

 

2025 Version

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