“Boxes” means the activity boxes as advertised for sale by Exploremore from time to time and include the contents packaged in each activity box by Exploremore;
“Customer” means any person, whether natural or juristic, who purchases one or more Boxes from Exploremore at any time, it is recorded that the party who effects the actual purchase from Exploremore of the Box will be deemed to be the customer, irrespective of who the eventual end user of the Box/es is/are;
“Delivery” means delivery by way of courier of the Boxes to the nominated address of the customer, which delivery will be endeavoured to be made within 3 (three) working days of receipt of the Purchase Price;
“Exploremore” means, Exploremore Trading (Pty) Limited, registration number 2014/104792/07, a private company with limited liability duly registered in accordance with the company laws of South Africa; and
“Purchase Price” means the purchase price of the Boxes, inclusive of value added tax and delivery charges, as determined by Exploremore and advertised on its website, which prices are subject to change, without notice to the Customer, and which are to be paid up front and in full to Exploremore by the Customer without set off or deduction of any kind prior to the delivery of any Box ordered by the Customer from Exploremore.
B. Important Warning
The Boxes are not intended for use by children under the age of 3 (three) years old (“Minimum Age”).
It is recorded, and the Customer accepts, that the Boxes may contain small parts or other items which may pose a choking risk or other hazards to children younger than the Minimum Age, and that the products are not designed, manufactured or intended for use by children under the Minimum Age.
The Boxes may also contain materials which may stain clothing, skin, furniture, counters, fabrics and/or or any other items which these materials come into contact with. It recorded that it is the Customer’s responsibility to take the necessary precautionary measures to safeguard against any such staining occurring.
C. Use of the Boxes
All use of the Boxes is to be supervised by an adult, and the Customer undertakes that a suitably responsible adult will monitor all use of the Boxes by children, notwithstanding that such children may be over the Minimum Age.
Exploremore shall not be liable in contract or in delict to the Customer, its agent or assigns, or any other person for any claims, loss, costs, harm, injury, risk or damage suffered as a result of the use of the Boxes, including, but not limited to, that arising from personal injury or staining.
Exploremore reserves the right to withdraw, suspend, modify, amend, vary, add to or substitute the contents, colour, description, packaging and make-up of the Boxes at its sole discretion and without notice to the Customer.
Exploremore further reserves the right, at any time, to modify, suspend, or discontinue the sale of the Boxes without notice to the customer. You agree that Exploremore will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Boxes.
By completing the subscription and/or order form provided by Exploremore the Customer is making an offer to purchase a Box/es from Exploremore, which offer is subject to Exploremore’s acceptance.
Exploremore reserves the right at any time after receipt of the Customer’s order to accept or decline or cancel the order (in whole or in part) for any reason. The order is only accepted by Exploremore on transmission of an invoice for the Box/es by Exploremore to the Customer (“Invoice”).
The terms as contained in this document will be deemed to be automatically accepted by the Customer on the submission by the Customer of a subscription and/or order form to Exploremore.
This document together with the order/ subscription form shall constitutes the whole of the agreement between Exploremore and the Customer and no undertaking, representation, term or condition relating to the Boxes not incorporated in this document or the order/ subscription form shall be binding on Exploremore.
F. Payment Terms
For each Box the Customer orders from Exploremore, the Customer agrees to pay the Purchase Price.
Payment of the Purchase Price is to be made by electronic funds transfer to Exploremore’s nominated bank account as stipulated on the Invoice within 1 (one) working day of receipt of the Invoice.
Failure to effect payment of the Purchase Price as stipulated shall automatically entitle, but not oblige, Exploremore to cancel the order placed by the Customer without notice to the Customer.
Exploremore will effect Delivery of the Box/es to the Customer.
Exploremore reserves the right to charge an additional R30 Delivery fee should Delivery of the Box/es fail for any reason, whether due to an incorrect address supplied by the Customer or for any other reason whatsoever.
H. Return Policy.
(i) Damaged Boxes. If any Box arrives damaged, the Customer is obliged to inform Exploremore of this in writing within 7 (seven) working days of receipt of the Box. On receipt of any such communication from the Customer, Exploremore will arrange for the collection and replacement of the damaged Box, subject to the condition that the Box has been unused and is returned with all of the original packaging.
(ii) Returns. The Customer may return, at its own expense, any unused Box purchased other than where the Customer has had an opportunity to first examine the Box in person, which remains in its original sealed packaging within 7 (seven) working days of receipt of the Box. On receipt of the returned Box Exploremore shall effect a refund to the Customer of the full purchase price of the Box by way of an electronic funds transfer to the nominated bank account of the Purchaser.
Failure to follow the procedure set out above will disqualify the Customer from any entitlement to a replacement Box/es or refund, as applicable, by Exploremore.