Terms of service

Kachoo Kids – Terms of Service

OVERVIEW

Welcome to Kachoo Kids! The terms “we”, “us” and “our” refer to Kachoo Kids. Kachoo Kids operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Kachoo Kids is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are of legal age and have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, colours or product appearance may differ from how they appear on your screen due to your device type and settings.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to how they appear in our online stores. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products offered to any person, geographic region, or jurisdiction.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Kachoo Kids reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Kachoo Kids confirms acceptance. Payment must be received and processed before an order is accepted. Please review your order carefully before submitting, as Kachoo Kids may be unable to accommodate cancellation requests after acceptance.

If we do not accept, make a change to, or cancel an order, we will attempt to notify you via the email, billing address, and/or phone number provided at the time the order was made.

Purchases are subject to return or exchange in accordance with our Refund Policy [LINK]. You represent and warrant that purchases are for personal or household use only and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Kachoo Kids is currently not VAT registered. Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include shipping, handling, customs, or import charges.

You agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account and other information, including email address, credit card numbers, and expiration dates, so that we can complete transactions and contact you as needed.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Kachoo Kids, its affiliates, or licensors and are protected by copyright, trademark, and other intellectual property laws applicable in South Africa and internationally.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Unauthorized use of the Services may be a violation of South African and international intellectual property laws. All rights not expressly granted herein are reserved by Kachoo Kids.

Kachoo Kids’ names, logos, product and service names, designs, and slogans are trademarks of Kachoo Kids or its affiliates or licensors. You must not use such trademarks without prior written permission. Shopify’s trademarks are owned by Shopify. All other names, logos, product and service names, designs, and slogans are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control. Access is provided “as is” and “as available” without any warranties, representations, or conditions. We have no liability arising from your use of optional third-party tools.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to third-party websites. We are not responsible for examining or evaluating their content or accuracy. Accessing third-party sites is at your own risk. Complaints or claims regarding third-party products should be directed to the third-party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Kachoo Kids is powered by Shopify. All sales are made directly with Kachoo Kids. Shopify is not responsible for any aspect of sales between you and Kachoo Kids. All customer service, refunds, and returns should be directed to Kachoo Kids.

SECTION 10 – PRIVACY POLICY

All personal information we collect is subject to our Privacy Policy [LINK], as well as Shopify’s Privacy Policy [LINK]. Information may be transmitted internationally to provide and improve the Services. ( assume we need a privacy policy here?)

SECTION 11 – FEEDBACK

By submitting Feedback (ideas, suggestions, reviews, etc.), you grant Kachoo Kids a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial use. You represent that you own or have rights to submit the Feedback.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Information on the Services may contain typographical errors or inaccuracies. We reserve the right to correct any errors and to change or update information or cancel orders at any time without prior notice.

SECTION 13 – PROHIBITED USES

You may access and use the Services for lawful purposes only. Prohibited activities include, but are not limited to, illegal activity, infringing intellectual property rights, transmitting viruses or malware, spamming, or otherwise interfering with the Services.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services at any time without notice. You remain liable for amounts due up to termination. Sections regarding Intellectual Property, Feedback, Disclaimer, Limitation of Liability, Indemnification, Governing Law, and Privacy Policy survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

Except as required by law, all products are provided “as is” and “as available”. Nothing in these Terms excludes or limits your rights under the South African Consumer Protection Act 68 of 2008 (CPA), including implied guarantees for quality, suitability, and safety.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Kachoo Kids and its affiliates are not liable for any direct, indirect, incidental, special, or consequential damages arising from use of the Services or products, except as required by law.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold harmless Kachoo Kids, Shopify, and their affiliates from any claims or losses arising from your breach of these Terms, violation of law, or use of the Services.

SECTION 18 – SEVERABILITY

If any provision is unlawful, void, or unenforceable, the remainder of these Terms remains valid.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Failure to enforce any right does not constitute a waiver. These Terms, together with referenced policies, constitute the entire agreement.

SECTION 20 – ASSIGNMENT

You may not assign your rights under these Terms without our prior written consent. Kachoo Kids may assign or delegate its rights without consent.

SECTION 21 – GOVERNING LAW

These Terms are governed by the laws of the Republic of South Africa. You consent to the jurisdiction of the South African courts.

SECTION 22 – HEADINGS

Headings are for convenience only and do not affect the interpretation of the Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE

We may update these Terms at any time by posting changes to our website. Your continued use constitutes acceptance of changes.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms can be sent to:

Tina Scotford t/a Kachoo Kids

Email: tina@kachoo.co.za

Address: 41 Halifax Road, New Germany, KwaZulu-Natal, 3600, South Africa

Tel: +27 (83) 613-5034

Kachoo Kids is currently not VAT registered.