Terms of service

GENERAL TERMS AND CONDITIONS

**1. INTRODUCTION**

This website can be accessed at www.lala-tent.co.za (hereinafter referred to as "the Website") and is made available by Atlantico Enterprises (Pty) Ltd (registration number 2019/629725/07) (hereinafter referred to as "LalaTent," "we," "us," or "our").

**2. WEBSITE GENERAL TERMS AND CONDITIONS (TERMS)**

These Website General Terms and Conditions govern the advertising and sale of an extensive range of services, goods, and products, including baby & feminine care, body care, laundry and household, all-natural products, etc. (hereinafter referred to as "Products") as may be offered by LalaTent on this Website from time to time.

**3. BINDING ACCEPTANCE OF TERMS**

These Terms are binding and enforceable against every person that accesses or uses the Website or registers as a user (hereinafter referred to as "you" or "your"). By using the Website and/or by clicking on the "Register" button on the Website, you acknowledge that you have read and agree to be bound by these Terms.

**4. CLARIFICATION OF TERMS**

If there are any provisions in these Terms that you do not understand, it is your responsibility to ask LalaTent to explain them to you before you accept the Terms or continue using the Website.

**5. PERMISSION TO USE THE WEBSITE**

LalaTent permits the use of this Website subject to these Terms. By using the Website in any way, you shall be deemed to have accepted all the Terms unconditionally. You must not use this Website if you do not agree to the Terms. These Terms include all the provisions further contained in the LalaTent Privacy Policy, and acceptance of these Terms includes acceptance of the Privacy Policy.

**6. IMPORTANT NOTICE**

These Terms apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 ("the CPA") and contain provisions that may limit the risk or liability of LalaTent or a third party, create risk or liability for you, compel you to indemnify LalaTent or a third party, and serve as an acknowledgment, by you, of a fact. Your attention is drawn to these Terms because they are important and should be carefully noted. Nothing in these Terms is intended or must be understood to unlawfully restrict, limit, or avoid any right or obligation created for either you or LalaTent in terms of the CPA.

**7. ACCEPTANCE OF THESE TERMS**

By accessing and/or using the Website, you agree to be bound by the Terms. LalaTent may at any time modify any of the Terms, and such modification will supersede and replace any previous terms. The amended terms will be made available on the Website, and each time you access the Website and/or use the Products or services offered via the Website, you agree to be bound by the Terms, as may be modified from time to time.

**8. CONTENT OF THE WEBSITE**

While every effort is made to update the information provided on the Website on a regular basis, LalaTent makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness, or reliability of any information, data, and/or content on the Website from time to time. LalaTent reserves the right at any time to change or discontinue without notice any aspect or feature of the Website and any information, data, and/or content on the Website.

**9. REGISTRATION AND USE OF THE WEBSITE**

- Only registered users may purchase Products on the Website.
- If you use the “Guest Checkout” functionality, you will be required to register at the conclusion of the checkout process by supplying a personal password (“password”).
- Before purchasing any products via the Website, you will be obliged to enter your username and personal password ("password") or other unique identifying information, collectively referred to as your "Access Codes."
- You undertake and warrant to ensure that your Access Codes are not disclosed to any third party and to immediately report any actual or potential unauthorized access to or use of your Access Codes.
- On receipt of such notice from you, LalaTent reserves the right to reject any communication received from your profile, suspend the processing of any communications and orders not yet executed by LalaTent, and immediately deactivate your Access Codes.
- You shall thereafter be obliged to refrain from ordering any products until new Access Codes have been authorized by LalaTent.
- LalaTent may from time to time require you to change your Access Codes, and you undertake to comply with such instruction immediately.
- By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or not legally permitted to enter into a binding agreement, you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound by these Terms and to be liable and responsible for you and all your obligations under these Terms.
- You agree that you will not use any device, software, or other instrument to interfere with the proper working of the Website. In addition

, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute, or modify the Website or the information contained therein without the prior written consent from an authorized LalaTent representative.
- You may not display, publish, copy, print, post, or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorized LalaTent representative.

**10. VERIFICATION**

- You agree that all instructions, consents, orders, and other communications sent electronically to LalaTent that purport to originate from you or a person who had authority to act on your behalf will be deemed to have been given by the originator and that you will be bound by such instructions.
- You waive any rights that you may have or obtain against LalaTent arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of LalaTent acting on your instructions or orders or instructions or orders that purported to emanate from you.
- LalaTent will accept and process your order for Products once the correct Access Codes have been entered, irrespective of whether the use of the Access Codes is unauthorized or fraudulent, and you will be liable for payment of such order, save where the order is canceled by you in terms of these Terms.

**11. ORDERS, CONFIRMATION & DELIVERY**

- The advertising of Products via the Website constitutes an invitation by LalaTent for you to make an offer to purchase Products, and we remain entitled to reject any order without giving reasons and without any liability to you.
- Erroneous information and/or prices displayed on this Website may occur from time to time. LalaTent cannot be held liable for any inaccurate information and/or prices published on the Website, except where such liability arises from gross negligence or willful misconduct. LalaTent will not be obligated to sell a Product at such an erroneous price displayed on the Website. You are encouraged to contact us to report any possible errors.
- Once you have selected the Product you wish to purchase and submitted your order to LalaTent, you will be given the opportunity to review the entire transaction and correct any mistakes before electing whether to withdraw from the transaction or proceed. By clicking on the "proceed" or "purchase" or similar "final submit" button, you are deemed to have submitted an offer to purchase the Product(s) selected by you ("order").
- LalaTent reserves the right to cancel the order for any reason on notice to you and without any liability to you. Receipt of a confirmation of the order (which only constitutes acceptance by LalaTent to process the order) will be sent to you once we receive your order. Although the Website is set up to confirm receipt of orders, technical or other problems may delay or prevent such confirmations. Do not resend your instruction if you do not receive a confirmation from us as this may lead to a duplicate transaction for which you will be held liable.
- A transaction will only be deemed to have been concluded once the Product/service in question has been delivered in accordance with the selected delivery option or agreed process. LalaTent will indicate the acceptance of your order by delivering the Products to you or allowing you to collect them, and only at that point will an agreement of sale between you and LalaTent come into effect (the "Sale"). This is regardless of any communication from LalaTent stating that your order or payment has been confirmed. LalaTent will indicate any rejection of your order by canceling it and, as soon as possible thereafter, refunding you for any amount already paid. We reserve the right to withhold approval and/or cancel orders at our sole discretion. Placing Products in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Products, and as such, Products may be removed from the shopping basket if stock is no longer available, or the price thereof might change without notice to you. You cannot hold LalaTent liable if such Products are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage. Delivery times are estimates only, and we are not liable for any late deliveries.

**12. PERFORMANCE AND AVAILABILITY OF PRODUCTS**

- LalaTent endeavors to execute all orders within the time period notified, but delivery times may occasionally fall outside of these time periods due to various factors beyond our control, including logistic delays.
- Stock of all Products on offer is limited, and the display of Products is not necessarily a guarantee that a Product is available. If the Products are no longer available, LalaTent will notify you and you will be entitled to a refund of the amount paid for such Products. While LalaTent will take all reasonable efforts to monitor stock levels, we cannot guarantee the availability of stock. LalaTent will only be liable for delivery of the Products when the Products are available.

**13. PAYMENTS**

- We accept payments via EFT, credit card, or debit card.
- For debit/credit card payments, we only accept MASTERCARD and VISA credit and debit cards. Payment will be effected on acceptance of your order and prior to delivery.
- By submitting your order and payment card details, you warrant that you are over the age of 18 and fully authorized to make payment with the payment card and that there are sufficient funds available to pay for the order.
- For EFT/Instant EFT payments, if payment for the full amount does not reflect in our bank account within 14 days, your order will be canceled.

**14. DISCLOSURES REQUIRED IN TERMS OF SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002**

- Full name: Atlantico Enterprises (Pty) Ltd
- Physical address: Seventh Avenue, Cape Town
- Website address: www.lala-tent.co.za
- E-mail address: hello@lala-tent.co.za
- Country of incorporation: South Africa
- Physical address for receipt of service: Seventh Avenue, Cape Town

**15. CANCELLATIONS**

- In terms of section 44 of the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act"), you are entitled to cancel your order for the Products within 7 days of receipt of the Products, without reason and without penalty.
- If you cancel your order later than 7 days of receipt of the Products, we reserve the right to debit your payment card for the delivery fees in respect of any late cancellations. If you cancel your payment for any reason or if your payment card should cease to be valid, you will nevertheless be bound to pay the full purchase price, including all costs incurred by us relating to the recovery thereof.
- Without prejudice to any other rights or remedies in law, we reserve the right to cancel any sale and/or your registration in the event of your breach of any of these Terms.

**16. PRIVACY AND SECURITY**

- All personal information obtained by LalaTent through your use of this Website is protected as set out in our privacy and security policy. The security processes and procedures used by LalaTent to protect information transmitted via the Website are also set out in the privacy and security policy.

**17. COPYRIGHT AND INTELLECTUAL PROPERTY**

- Copyright and all intellectual property rights in all materials, texts, images, drawings, and data made available on the Website are owned by LalaTent or licensed to LalaTent. These materials are protected by both South African and international intellectual property laws.
- You will not acquire any right, title, or interest in or to the Website or the materials. Unauthorized copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast, or other circulation or exploitation of such material will constitute an infringement of copyright and other intellectual property rights, except for personal use or ordering products from LalaTent.
- Trademarks displayed on the Website are registered and unregistered trademarks of LalaTent. Nothing on the Website should be construed as granting any license or right to use any trademark without prior written permission from LalaTent.

**18. USE OF THE WEBSITE**

- LalaTent does not make any warranty or representation that information and products advertised on the Website are appropriate for use in any jurisdiction. By accessing the Website, you warrant and represent to LalaTent that you are legally entitled to do so and to make use of information and purchase the Products made available via the Website.

These are the numbered terms and conditions for your website. Please review them for accuracy and compliance with your requirements.