Terms & Conditions

Terms and Conditions for Toy Box

A South African e-commerce store specialising in Islamic educational toys, books, and gifting products.

Introduction

This Terms and Conditions document (“Terms”) governs the use of, and purchases from, the Toy Box online store operated by Toy Box, in the Republic of South Africa, and is fully compliant with the Consumer Protection Act, No. 68 of 2008 (“CPA”), the Electronic Communications and Transactions Act, No. 25 of 2002 (“ECTA”), and the Protection of Personal Information Act, No. 4 of 2013 (“POPIA”). The purpose of these Terms is to clarify and secure the legal relationship between Toy Box and its users (“you” or “the Customer”), stipulate the mutual rights and obligations, and protect both the customer and supplier.

Every provision contained herein is intended to ensure transparency, consumer rights, and commercial certainty as required by South African law. If you do not agree to these Terms, please refrain from using the website and its services.

1. Definitions and Interpretation

1.1. For the purposes of these Terms, unless the context indicates otherwise:

• “Toy Box”, “we”, “us”, or “our” refers to Toy Box, with its registered office as detailed below.
• “Customer”, “User”, or “you” refers to any natural or juristic person using the website or making a purchase.
• “Website” means www.toyboxaadila.co.za or such other related domain as may be operated by Toy Box.
• “Goods” means any products, toys, books, gifts, or educational resources offered through the Website.
• “Business Day” means any day other than a Saturday, Sunday, or public holiday in South Africa.
• “CPA” refers to the Consumer Protection Act, 2008; “ECTA” to the Electronic Communications and Transactions Act, 2002; “POPIA” to the Protection of Personal Information Act, 2013.

1.2. Headings are for ease of reference only and do not affect interpretation.

1.3. Should any provision of these Terms be declared invalid or unenforceable, the remaining provisions remain in full effect.

2. Eligibility and Capacity to Contract

2.1. Only natural persons who are 18 years or older and legally capable of entering into binding contracts under South African law may use the Website to order Goods.

2.2. Persons under 18 years of age, or otherwise lacking contractual capacity, may only transact under supervision and with the written consent of their legal guardian or parent, as mandated by the Children’s Act 38 of 2005 and South African contract law.

2.3. By making use of the Website, you warrant that you have full legal capacity to conclude agreements and, in the case of juristic persons, that the person acting has the due authorisation to so bind the entity.

2.4. Toy Box reserves the right to request proof of age, legal capacity, or authorisation at any stage and to refuse or cancel orders should such proof not be presented satisfactorily.

3. Product Information, Description, and Advertising

3.1. Toy Box undertakes that all Goods offered are described honestly, accurately, and in compliance with Section 29 and 41 of the CPA, which prohibits false, misleading, or deceptive representations.

3.2. All product descriptions, images, or samples provided or displayed are for reference purposes. While we strive for accuracy, minor variations (including colour, packaging, or design) may occur due to manufacturer updates or display limitations. No liability attaches for inconsequential discrepancies.

3.3. Where applicable, product packaging and labelling will include all information required by law—including, but not limited to, product name, country of origin, expiry or best-before dates, safety warnings, and instructions for safe use, as required in Section 55 and 56 of the CPA and relevant product standards.

4. Pricing and Payment Terms

4.1. All prices displayed are in South African Rands (ZAR).

4.2. Toy Box endeavours to ensure price accuracy and reserve the right to correct obvious pricing errors as permitted in Section 23 of the CPA. Should a price advertised or displayed contain an inadvertent and obvious error, Toy Box is not bound by the erroneous price and will inform customers as soon as possible, providing the opportunity to cancel with a full refund.

4.3. The total purchase price, including all delivery, packaging, or other applicable charges, will be clearly itemised at the point of sale.

4.4. Payment may be made via accepted methods as specified on the Website (including, but not limited to, credit/debit cards, electronic funds transfer, and online payment gateways). All transactions are subject to authorisation and may be subject to additional verification procedures.

4.5. Orders will only be processed, and Goods dispatched, upon receipt of cleared payment.

5. Formation of Contract and Electronic Transactions

5.1. The electronic display of Goods and prices on the Website constitutes an invitation to treat, not a binding offer. Orders placed by Customers via the online system are deemed offers to purchase.

5.2. A contract is concluded only upon acceptance by Toy Box, signified by an explicit order confirmation sent via email. Toy Box may decline or cancel orders prior to confirmation without liability, e.g., due to unavailability or pricing errors.

5.3. Electronic contracts formed through the Website have full legal effect as per the ECTA, with “clickwrap,” “scrollwrap,” and “browsewrap” modalities valid when the user is given a reasonable opportunity to review the Terms and manifest assent.

5.4. Customers will receive an order confirmation, containing the details of their transaction as required by Section 43 of the ECTA.

6. Delivery, Transfer of Risk, and Title

6.1. Toy Box delivers Goods throughout the Republic of South Africa, using reputable third-party couriers. Delivery timeframes and charges will be disclosed prior to check-out. Delays beyond Toy Box’s reasonable control (e.g., unavailability, strike, force majeure) will be communicated, and Toy Box will not be liable for such delays.

6.2. In accordance with Section 19(2)(c) of the CPA, risk in the Goods remains with Toy Box until the Customer or their authorised representative accepts delivery. Thereafter, all risk passes to the Customer.

6.3. The Customer must inspect the Goods upon delivery and report any shortages, damage, or defects to Toy Box within seven Business Days. Goods accepted without comment will be deemed to have been delivered in good condition, except in the case of latent defects.

6.4. Ownership (title) of the Goods passes to the Customer only upon full payment and delivery (including acceptance) of Goods, in accordance with South African law on the transfer of title in movable property.

7. Returns, Refunds, and Cooling-Off Periods

7.1. Toy Box upholds all Customer rights to return goods and receive refunds as provided by the CPA and ECTA.

7.2. Cooling-Off Period

7.2.1. In terms of Section 44 of the ECTA, for electronic sales (except where specifically excluded), Customers may cancel the sale without reason or penalty within seven (7) days of delivery, by written notice to Toy Box. The Customer will be responsible for the return shipping costs unless the Goods are defective or supplied incorrectly. Toy Box will refund payments within 30 days of cancellation and return of the Goods.

7.2.2. In the case of direct marketing, Section 16 of the CPA provides a five Business Day cooling-off period.

7.3. Returns

7.3.1. Customers have the right to return Goods for a full refund, replacement, or repair (as elected by the Customer) within six (6) months of delivery if the Goods:

• Are defective, unsafe, or fail to comply with requirements or standards of quality (Section 55 and 56 CPA);
• Fail to correspond with the description or the sample presented (Section 55 CPA);
• Are not reasonably suitable for the intended purpose if such purpose was communicated to Toy Box and accepted (Section 55(3) CPA);
• Are mixed with goods not ordered (Section 20(2)(b) CPA).

7.3.2. Goods returned must be accompanied by proof of purchase and, where possible, in original packaging. Toy Box bears the risk and cost of transporting returns required under law.

7.3.3. The right to return may not apply if:

• The Customer was made aware of specific defects and agreed to accept the Goods as such;
• The Goods have been altered, used contrary to instructions, or are disqualified by law (e.g., hygiene reasons).

7.4. Process

7.4.1. To initiate a return or refund, Customers must contact Toy Box’s customer service, who will provide instructions on the process.

7.4.2. If Goods cannot be returned due to size or nature, arrangements for inspection or collection will be made.

7.4.3. Toy Box will not offer “no returns, no refund” policies for transactions covered by the default legal rights.

7.5. In all return and refund scenarios, the Customer’s choice as to remedy (repair, replace, refund) will be respected in terms of CPA Section 56(2), unless the law allows for deviation.

8. Privacy and Data Protection (POPIA Compliance)

8.1. Toy Box is committed to protecting your personal information in accordance with POPIA and international best practices for e-commerce privacy.

8.2. Nature and Purpose of Information Collected

8.2.1. Personal information (such as name, contact details, delivery address, email, phone, etc.) is collected only as necessary for the performance of services, delivery of Goods, Customer relationship management, marketing (if you consent), and compliance with regulatory obligations.

8.2.2. Toy Box processes, stores, and safeguards personal information lawfully, minimally, and solely for disclosed and compatible purposes.

8.3. Consent and Rights

8.3.1. By using the Website and submitting information, you consent to the collection, processing, and (where required) sharing, as outlined in the Privacy Policy and required for fulfilment of the transaction.

8.3.2. You may, at any time, withdraw consent or object to processing, access any personal information held, request corrections, or request deletion where appropriate under POPIA.

8.4. Security Measures

8.4.1. Toy Box employs appropriate, reasonable technical and organisational safeguards to protect personal data from unauthorised access, loss, modification, or destruction, including but not limited to secure servers, encryption, access controls, and PCI DSS certified payment providers.

8.5. Third Parties and Cross-Border Transfers

8.5.1. Personal data is only shared with third-party service providers when necessary for processing and delivery, under strict confidentiality obligations. Cross-border data transfers, if any, will comply fully with POPIA Chapter 9.

8.6. Direct Marketing

8.6.1. Customers may opt-in to receive news, promotions, or updates, and may opt-out at any time. Toy Box will strictly honour all opt-out requests.

8.7. Cookies and Tracking

Our website uses cookies to improve functionality and analyze traffic. You can disable cookies in your browser, but some features may not work properly.

8.8. How We Protect Your Data

• We use secure systems and encryption to protect your information.
• Payment details are processed through trusted third-party providers and are never stored on our servers.

8.9. Your Rights Under POPIA

You have the right to:

• Access the personal information we hold about you
• Ask us to correct or delete your information
• Withdraw consent for marketing at any time
• Object to how we process your information

8.10. Data Retention

We keep your personal information only as long as necessary for the purposes outlined above or as required by law (such as tax record-keeping).

9. Payment Security

9.1. All payments on the Website are processed through secure, industry-standard payment gateways, compliant with PCI DSS and other applicable standards for the secure processing, storage, and transmission of cardholder data.

9.2. Toy Box does not store credit or debit card data on its servers. All sensitive financial information is encrypted during transmission.

9.3. Customers are responsible for ensuring their login credentials are kept secure and not shared.

10. Intellectual Property and Licensing

10.1. All website content, including but not limited to text, images, designs, logos, trade names, trademarks, product descriptions, and multimedia, are the property of Toy Box (or its licensors) and protected by copyright, trade mark and other intellectual property laws of South Africa and international conventions.

10.2. Customers are granted a limited, revocable, non-exclusive licence to access and use the Website solely for personal and non-commercial purposes. Any reproduction, modification, distribution, transmission, republication, or display of any content, without explicit written consent, is strictly prohibited.

10.3. All intellectual property rights in Goods sold (e.g., books, software, or educational games) are subject to the rights of third-party licensors, as applicable.

10.4. No part of these Terms will be construed as transferring any intellectual property rights to the Customer, except as expressly provided.

11. Limitation of Liability and Indemnification

11.1. To the fullest extent permitted by law, Toy Box disclaims all liability for any loss, damage (direct, indirect, special, incidental, or consequential), injury, or claim, arising from use of the Website, including errors or omissions in product information. This does not apply in cases of gross negligence, wilful misconduct, fraud, or liabilities under mandatory consumer protection provisions (e.g., Section 61 CPA).

11.2. Nothing in these Terms seeks to exclude or limit liability contrary to the CPA, e.g., liability for defective goods causing death, injury, or property damage.

11.3. The Customer agrees to indemnify and hold Toy Box and its representatives harmless from any claims, actions, damages, losses, or costs arising out of the Customer’s unlawful use of the Website or breach of the Terms.

11.4. Toy Box’s total aggregate liability for any damage arising under these Terms shall not exceed the total value of the Customer’s purchase in respect of which the claim arises.

12. Dispute Resolution

12.1. Any dispute arising from the use of the Website, purchases, or these Terms should first be addressed via Toy Box’s internal Customer Service within 14 days of the dispute arising.

12.2. If not resolved, the parties may, by mutual consent, refer the dispute for mediation or arbitration to the Arbitration Foundation of Southern Africa (AFSA) or any mutually agreed mediator, in accordance with AFSA rules then in force, the costs to be shared equally unless agreed otherwise.

12.3. Notwithstanding the above, either party may approach the relevant court of competent jurisdiction, the National Consumer Tribunal, or the Consumer Goods and Services Ombud.

12.4. These dispute processes do not preclude the Customer’s statutory rights to redress under the CPA.

13. Governing Law and Jurisdiction

13.1. These Terms and all related transactions are governed by the law of the Republic of South Africa.

13.2. In the event of any dispute, the Customer consents to the exclusive jurisdiction of the courts of South Africa, having territorial and subject matter competence, unless the parties otherwise agree to an alternative forum (e.g., arbitration).

13.3. If any term is inconsistent with the CPA, ECTA, POPIA or related public interest legislation, the mandatory provision will prevail.

14. Legal Address (Domicilium Citandi et Executandi)

14.1. The Customer’s address for legal notices shall be that provided at the time of registration or order, unless otherwise notified in writing.

15. Variation, Waiver, and Assignment

15.1. Toy Box reserves the right to vary (amend), modify, or update these Terms at its sole discretion, subject to giving reasonable prior notice to Customers and abiding by all statutory notification or consent requirements.

15.2. Any amendment or waiver of any provision of these Terms must be in writing and signed by authorised representatives of Toy Box. No failure, neglect, or delay by Toy Box in enforcing any provision constitutes a waiver thereof, nor shall a single or partial exercise of any right preclude any other or further exercise.

15.3. Customers will be notified of material amendments via email and/or public notice on the Website, and continued use of the Website constitutes acceptance once notified.

15.4. No Customer may assign, transfer, or otherwise dispose of their rights and obligations under these Terms without express written consent from Toy Box.

16. Company Information and Statutory Disclosures

In accordance with Section 43 of the ECTA, Toy Box provides the following information:

16.1. Copies of these Terms, Privacy Policy, and any relevant codes of conduct or industry certification are available upon request and accessible online.

17. General Provisions

17.1. These Terms and all contracts entered into with the Customer are in English.

17.2. Toy Box may subcontract its obligations, but remains responsible for their performance.

17.3. These Terms constitute the entire agreement between the parties in relation to its subject matter, and supersede all prior understandings.

18. Contact Details

Should you have any queries regarding these Terms or need further clarification, please direct inquiries to: info@toyboxaadila.co.za

 

These Terms and Conditions are intended to comply in full with the requirements of the CPA, ECTA, POPIA, and all other applicable South African laws. Customers are advised to read the Terms in conjunction with the Privacy Policy for a complete understanding of their rights and obligations.