There are a few rules that visitors must follow when using www.buildabear.co.za (the “website”), so we ask you to read our terms and conditions thoroughly. This website is brought to you by Toy Kingdom (Pty) Ltd who is duly authorised and licensed to sell Build-A-Bear Workshop products in South Africa and hereafter referred to as (“Build-A-Bear”, “Build-A-Bear Workshop”, “Build-A-Bear Workshop South Africa” or “we” or “us”) and all rights, including copyright, in the content of the website is owned or controlled by Toy Kingdom (Pty) Ltd. We and our affiliates provide access to the website and sell its products to you subject to the terms and conditions set out on this page.

If you have any comments or queries relating to this website, please contact us on customerservice@buildabear.co.za

TERMS AND CONDITIONS OF SALE

Please read these terms and conditions before purchasing any Build-A-Bear Workshop South Africa products on the website. By making a purchase, you agree to be bound by these terms and conditions.

1. YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. Please ensure your password is kept confidential and secure, and inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Please ensure the details you provide are correct and complete, and inform us immediately of any changes to the information provided when you registered. The website only sells products to individuals who can purchase with a Debit card, Credit card, Discovery Miles or EFT. If you are under eighteen (18) and wish to purchase any product online, you may use the website only with the permission and supervision of a parent or guardian. Build-A-Bear Workshop South Africa reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at its discretion. If we cancel an order, it will be without charge to you.

2. OUR CONTRACT

When you place an order to purchase a product from the website, we will send you an email confirming receipt and containing order details. Your order represents an offer to us to purchase a product, which is accepted when we send an email to you confirming that we have accepted the order (the “order confirmation email”). Such acceptance will be complete when we send the order confirmation email to you. You are seeking to enter into a contract with Build-A-Bear when you place an order.

This contract is legally binding when you have placed an order, your order has been accepted by us and we have sent you the confirmation email. Build-A-Bear will retain the title owner in the products until full payment has been made by you and has been received by Build-A-Bear.

3. DELIVERIES

We will endeavour to deliver all products ordered within the time period specified on your order confirmation email. Please click here to view our delivery details and charges (if applicable). All products purchased from the website are made pursuant to a shipment contract. This means that the risk of loss for such products passes to you on delivery to the carrier. If you have received your order confirmation email but your products have not arrived within the time specified, please contact us and we will do our best to assist. Please allow an additional day before raising a query during exceptionally busy periods (e.g. Festive season).

Please note – our chosen courier is Dawn Wing – please access their Terms & Conditions http://www.dawnwing.co.za/legal-information-dawn-wing/

4. RETURNS OVERVIEW

You can only return Build-A-Bear products that have been purchased directly through this website. Build-A-Bear products purchased at a Build-A-Bear store can be returned to any Build-A-Bear store. If you are not happy with your Build-A-Bear products, please follow our delivery, returns, exchanges and repairs policy, so that we can exchange or refund your order. Build-A- Bear Workshop South Africa reserves the right to reject the return of products that are not returned in accordance with this policy procedure. We may request that you pay delivery charges to return such goods back to you. Our returns policy does not affect your statutory rights.

5. RETURN POLICY OR EXCHANGE OF GOODS

You may exchange or return new, unworn or unused products within 30 days of the date the goods were shipped to you. All items need to be in their original packaging and undamaged. Build- A-Bear Workshop South Africa offers South African customers the option of a free exchange providing the item is priced the same or less than the one originally purchased on your order. Please also note that item needs to be in original undamaged packaging. At present we are unable to offer exchanges to our international customers.

Please note: your right to exchange or return products is separate from your statutory right to cancel your order under the distance selling regulations.

*Please refer to our standard Terms and Conditions for more information.

Credit Card and EFT refunds online – Please note that each banking institution has a different lead time on refunds. Refunds can take up to 10 working days to reflect in your account.

6. CANCELLATION POLICY AND CONDITIONS

How do I exercise my statutory right to cancel?
In order to exercise your right to cancel, please send an email to customerservice@buildabear.co.za within 7 days from date of order placed.

Conditions for all returns, exchanges or statutory right to cancel:
All goods must be returned to us unused, together with all original packaging (please note you have a duty to take reasonable care of returned goods and any refund may be withheld or a charge incurred if you fail to take such care and damage the goods). Please make sure that your return package is packed and sealed securely (in or with the original packaging if possible). With your purchase of Build-A-Bear products, you will receive a delivery note and returns form to return items, whether for exchange or return, simply fill out the form as instructed, include it in the package and attach the label to the outside of the package then post it back to us. If you do not have your returns form, our returns team will be happy to send electronic copies you can print at home.

Discrepancies:
If there are any discrepancies with your order, you must notify us within 48 hours of receiving your order. If you have been shipped the incorrect goods then please accept our apologies. Please contact our customer service team and we will arrange a collection of these goods. Any replacements will be sent at no extra cost.

7. FEEDBACK AND COMPLAINTS POLICY

We welcome any comments about our service in order for us to improve. If you wish to contact us, please e-mail our customer service team using the mail address customerservice@buildabear.co.za. Please provide us with your contact details in order for us to resolve any matter as quickly as possible. Alternatively, call us on 021 555 0630.

8. PRICING AND AVAILABILITY

All prices are quoted in Rand (ZAR) and are inclusive of VAT unless otherwise specified. All item prices are exclusive of delivery charges. We list availability information for products sold on the website, including on each product information page. We cannot be more specific about availability than what is stated on the site. Dates are not guaranteed and should not be relied upon. As we process your order, we will inform you by email if any products are subsequently found to be unavailable.

Despite our best efforts, a small number of the products on the website may be miss-priced. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, not honour the stated price and charge the correct price. We will contact you for instructions before shipping the products or cancel your order and notify you of such cancellation. Should the product show a zero balance, it would likely be system error and we will charge the full correct retail price of that specific item.

9. CUSTOMS

When ordering products from the website for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you as we have no control over them and cannot predict what they may be. Customs policies vary widely by country, so you should contact the local customs office for further information. Additionally, please note that when ordering from the website, you are considered the importer of record and must comply with all laws and regulations of the country in which the products are received. International customers and customers dispatching products internationally should be aware that cross-border deliveries can be opened and inspected by customs authorities.

10. ELECTRONIC COMMUNICATIONS

When you visit the website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

11. DISPUTES

Any dispute relating to your visit to the website or to products you purchase through the website may be submitted to the South African court, except that, to the extent you have in any manner violated or threatened to violate Build-A-Bear Workshop’s intellectual property rights, Build-A-Bear Workshop South Africa may seek injunctive or other appropriate relief in any court in any country in the world, and you consent to exclusive jurisdiction of such courts.

12. ALTERATION OF SERVICE OR AMENDMENTS TO THE CONDITIONS

We reserve the right to make changes to our website, policies, and terms and conditions of sale at any time. Your use of the website and your orders will be subject to the policies and terms and conditions of sale in force at the time that you use the website or that you order products, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of the provisions of these terms and conditions of sale are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.

13. EVENTS BEYOND OUR REASONABLE CONTROL

Errors:

  • We shall take all reasonable efforts to accurately reflect the images, description, availability, purchase price and delivery charges of goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy
  • Build-A-Bear shall not be bound by any incorrect information regarding our products displayed on any third party websites.
  • Build-A-Bear will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control. This condition does not affect your statutory rights.
  • During any price promotion and discount sale, were a technical error on price or discount rules my arise in any form, Build a Bear Workshop has the right to reject the order and refund the customer in full to the amount paid in either a a direct refund or voucher code

14. WAIVER

If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

15. GOVERNING LAW AND JURISDICTION

Your use of the website, any purchase by you on the website of any products and these conditions will be governed by and construed in accordance with the laws of the Republic of South Africa and will be deemed to have occurred in the Republic of South Africa. You agree, as we do, to submit to the non-exclusive jurisdiction of the South African courts.

Your statutory rights are not affected by these terms and conditions of sale.

16. DISCLAIMER

Save for Toy Kingdom (Pty) Ltd being liable to you –
a) under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by Build-A-Bear Workshop South Africa to you via the Site; and
b) under sections 43(5) and 43(6) of the ECT Act in relation to Build-A-Bear Workshop South Africa’s payment systems not being sufficiently secure,

Neither Build-A-Bear 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 Site or the services or content provided from and through this Site. Furthermore, Build-A-Bear makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site 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 customerservice@buildabear.co.za.

Although the products sold via the Site may be under warranty, the Site itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. Build- A-Bear Workshop South Africa does not warrant that this website, its servers, or e-mail by us are free of viruses or other harmful components. Build-A-Bear Workshop South Africa will not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software. Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of Build-A-Bear Workshop South Africa and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.

17. TERMS AND CONDITIONS FOR DISCOVERY

MILES PURCHASES:

Please visit the following website for more information:
https://www.discovery.co.za/discovery_coza/web/linked_content/pdfs/card/terms_and_conditions/discovery_miles_ts_and_cs.pdf

18. BUILD-A-BEAR WORKSHOP SOUTH AFRICA COMPETITION RULES

  1. This promotional competition is organised by Toy Kingdom (Pty) Ltd (“the Promoter”).
  2. The promotional competition is open to permanent residents of South Africa, over the age of 18 years, except any employee, director, member, partner, agent or consultant or any person directly or indirectly who controls or is controlled by the Promoter, immediate family members, advertising agencies, advisers, dealers, suppliers and/or associated companies, and/or a participant who has won a prize through a promotional competition run by the Promoter at least three months prior to the announcement of the winner of the Prize (“Disqualified Persons”).
  3. By entering the promotional competition, all participants and winners agree to be bound by these rules which will be interpreted by the Promoter, whose decision regarding any dispute will be final and binding. The Promoter reserves the right to amend, modify, change, postpone, suspend or cancel this competition and any prizes (which have not yet been subject to a draw), or any aspect thereof, without notice at any time, for any reason which the Promoter reasonably deems necessary.
  4. The promotional competition dates commences on date competition is advertised and ends on the date advised on marketing collateral. Entries received after the closing date will not be considered.
  5. To be eligible for either prize and automatically be entered into the competition draw, fans must adhere to the specified rules of the competition and must have actioned all steps required by these rules, whether it is to like or share something on Facebook or taking a picture in store.
  6. The prize winner will be selected by random draw from all the entries received during the competition term and will be notified by telephone, direct Facebook message by the following Monday post competition closing date. The decision is final and no correspondence will be
    entered.
  7. The Prize will be shipped to the closest store to the winner, the winner will then need to collect in store. The Prize is non-transferable and cannot be exchanged for cash. Winners will be required to provide their proof of identity to verify that they are above the age of 18.
  8. If the potential winners and/or winners do not confirmed acceptance of their Prize within (5 days) after they have been contacted, the potential winners and/or winners will be deemed to have rejected the Prize and it shall revert back to the Promoter.
  9. No applications from agents, third parties, organised groups or applications automatically generated by computer will be accepted. No incomplete or corrupted entries will be accepted. Entries will only be accepted if they comply with all entry instructions.
  10. Responsibility is not accepted for entries lost, damaged or delayed as a result of any network, computer hardware or software failure of any kind. Proof of sending will not be accepted as proof of receipt.
  11. All participants and the winners, as the case may be, indemnify the Promoter, its advertising agencies, advisers, nominated agents, suppliers, its affiliates and/or associated companies against any and all claims of any nature whatsoever arising out of and/or from their participation in any way howsoever in this promotional competition (including, as a result of any act or omission, whether as a result of negligence, misrepresentation, misconduct or otherwise on the part of the Promoters) and/or use of the Prize.
  12. This promotional competition is in no way sponsored, endorsed or administered by, or associated with Facebook/Twitter and the participants acknowledge that they are providing information to the Promoter and its agents only and not to Facebook/Twitter.
  13. All entrants in this promotional competition release Facebook/Twitter from all liabilities and claims arising out of or in connection with this competition and these terms and conditions.