Terms & Conditions

1. Use of Website
i. Vital Innovations Limited (the owner of vital baby® and hereinafter referred to as “vital baby®”) owns and operates this website. Unless otherwise specified, the content of this website is presented for promoting and marketing vital baby® goods and services in South Africa.
ii. Fountain Medical (Pty) Ltd. (the elected distributor in South Africa and hereinafter referred to as “Fountain Medical”) is granted express rights to market and distribute the vital baby® brand in South Africa and, unless otherwise specified, manage all direct communications regarding the brand locally.
iii. By using the vital baby® website, you agree to the terms and conditions of use as outlined below.

2. Use of Copyright Content
i. No content from this website or any website owned, operated, licensed, or controlled by vital baby® may be used, copied, reproduced, republished, uploaded, posted, transmitted, or distributed.
ii. The service marks, trade names, trademarks, patents, and patents pending are design rights and proprietary to vital baby®.
iii. vital baby® reserves all of its rights as the copyright owner.

3. Promotion of Products and Services
i. Prices listed as well as terms and conditions relating to our products and services displayed on this website may not be current or complete. These do not constitute an offer or undertaking by its distributor, Fountain Medical, nor vital baby®. Fountain Medical and vital baby® reserve the right to modify information on the website without notice.
ii. It is your duty to verify product availability and pricing by emailing customer services at fountain@babies.co.za.
iii. vital baby®’s NURTURE™ bag is only available to UK customers and not available in South Africa.

4. Disclaimer
i. All content and information on this website are provided “as is”, without warranties of any kind, either expressed or implied.
ii. The content and information on this website are altered periodically, and such changes may affect the accuracy of available information. It is your responsibility to verify this accuracy and reliability of the information presented.
iii. Neither Fountain Medical nor vital baby® makes warranties nor representations, express or implied, regarding the quality, accuracy, completeness, timeliness, merchantability, or fitness of any content, product, or information on this website.
iv. Neither Fountain Medical nor vital baby® makes warranties that this website is free of human, mechanical, or technical errors and inaccuracies.
v. Neither Fountain Medical nor vital baby® makes warranties nor representation that the content on this website will not cause damage or that the content is free from any computer virus and other defects, errors, and omissions.

5. Limitation of Liability
i. You waive and release Fountain Medical, vital baby®, their servants and agents, to the fullest extent permitted by law, from all claims arising out of or related to the use of the content or information made available through this website and its related websites.
ii. Fountain Medical, vital baby®, their servants and agents shall not, under any circumstances, be liable for any injury, loss, or damage arising out of or related to the use, or the inability to use, the content on this website. This limitation of liability includes but is not limited to incidental, special, or consequential
damages, damages for loss of business, or other profits.

6. Legal Jurisdiction
i. This website is operated by Vital Innovations Limited from its offices in England and exclusively monitored by its elected distributor in (Gauteng) South Africa, Fountain Medical (Pty) Ltd. These terms and conditions are governed by and construed in accordance with the laws of Gauteng. Any claim made by either party against the other which in any way arises out of these terms and conditions will
be heard in Gauteng, and you agree to submit to the jurisdiction of those courts.
ii. Provisions in these terms and conditions that prove invalid under law will be limited, narrowed, or altered as necessary to render it valid. If required, the invalid provision will be removed from these terms and conditions, while the remaining provisions will remain in effect.

7. Products with Purchase and Products Free of Charge
Any products offered on the website as “free of charge” or free of charge when purchasing other products are limited to one per household.

8. Delivery
We deliver exclusively to South African addresses. We are unable to deliver orders made outside of South Africa. For any queries on your delivery within South Africa, please call our customer service line on +27(0)11 794 9060 or email fountain@babies.co.za.  We use trusted couriers for delivery. Our flat-rate delivery charge is R95,00 (ZAR) to all main centres, and this includes a nominal charge that covers the costs of packaging and handling. This cost is calculated upon checkout, and you will never pay unexpected fees. On orders of over R350,00 (ZAR), delivery is free.
Due to the rising costs of deliveries in some parts of South Africa, it has been necessary for us to increase our delivery fees in some circumstances. We do apologise to customers affected by this increase, as this hike in prices is unfortunately required to continue to bring our award-winning range of products to your corner of the country.
Orders are processed between Monday and Friday, within two working days of receipt. Delivery is carried out by our trusted courier within two to five working days. Please allow extra delivery time during busy periods (such as Black Friday, Christmas, and promotions). Should nobody be available to accept your
parcel, couriers will attempt to contact you telephonically. If delivery remains unsuccessful, your package will be returned to the distributor, Fountain Medical. Here, an agent will be in touch to arrange a more convenient time to collect or deliver. In this event, an additional delivery fee may be charged to you.
For late orders or those not yet received, please do not hesitate to contact customer services on +27(0)11 794 9060 (weekdays from 9:00 to 16:00) or email us at fountain@babies.co.za.

9. Returns
Should you wish to return any items purchased from us, please contact customer services or send us an email including your order number. If your concern or query cannot be resolved telephonically, we will be happy to replace your item or refund you if contact was made with us within 30 days of the product purchase. We are unable to accept the return of used products except in the case of a faulty item. To return a product purchased from us, please ensure it is unopened and in its original packaging. Returns can be made to the following address:
Fountain Medical (Pty) Ltd.
Kimbult Industrial Park, 9 Zeiss Road
Laser Park, Roodepoort
South Africa
2170