Terms & Conditions

Terms & Conditions

By visiting or shopping on this website you agree to the terms and conditions as set out below. Red Events may amend these terms and conditions from time to time and any amendment will become effective immediately at which point your continued use of this site will constitute acceptance of the amendments.  

 

Description of Goods and Services - Spotty Frog products are registered trademark brands, under the holding company Red events and is a South African based e-commerce business specialising in the importing, marketing and distribution of a range of products for Kids health and education. 

 

Product Availability

We cannot guarantee product availability and thus these items may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, at our discretion, ship products that have substantially similar functionality and specifications to the products ordered or cancel your order.



Pricing and Product Information

Spotty Frog makes every effort to provide current and accurate information relating to products and prices, but does not guarantee the currency or accuracy of any such information. Information relating to Spotty Frog products is subject to change without notice. Prices are subject to change at any time prior to acceptance of your order. In the event we discover a material error in the description or availability of a product that affects your outstanding order, or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your EFT (Electronic Fund Transfer) has already been made for a purchase, Spotty Frog will issue a credit to your bank account in the amount of the charge. Prices that appear on the site are Spotty Frog Store prices unless otherwise indicated. The Spotty Frog Store prices are not intended to represent the price of The Spotty Frog products at other agents, distributors or retail stores, as these are set by the agent/distributor or retailer.


Payment Options Accepted

Orders to be delivered / posted: Spotty Frog only accepts EFT (Electronic Funds Transfer) and Card payments. Our banking details will be provided at checkout and on the order confirmation you will receive from us.
Orders to be collected: Payment is strictly cash on collection.

Delivery policy - National Deliveries (SOUTH AFRICA ONLY) 

Refer to Delivery Policy.

 

Merchant Outlet Country and Transaction Currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is ZAR (South African Rand).

 

Variation

Spotty Frog may, in its sole discretion, change this agreement or any part thereof at any time without notice.

 

Company Information

This website is owned by Red Events based in South Africa. Spotty Frog is a brand name under which Red Events may import, export, distribute and sell a range of alternative products for children’s health and education.

 

Spotty Frog contact details

Telephonic Support: +27 84 331 0999
Email Support: info@spottyfrog.co.za

 

Limitation of Liability 

This site and all content on the site, including any current or future offer of products or services, are provided on an "as is" and "as available" basis. Spotty Frog makes no warranty or representation as to the availability, accuracy or completeness of the site. You expressly agree that your use of this site is at your own risk. This sites owner does not warrant that this site, its servers, or email sent from this site are free of viruses or other harmful components. This site's owner will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive and consequential damages.

 

Product Claims / Disclaimer

Spotty Frog is unable to issue any guarantees. The use of any products and/or items bought from this Website is at the purchaser’s risk. The purchaser/user indemnifies and holds Spotty Frog harmless against any loss, injury or damages which may be sustained as a result of using the products and/or items sold on the Website. Any complaints regarding the standard and quality of the product or products bought by consumers through this e-commerce facility should be directed to the Marketing Manager, info@spottyfrog.co.za

 

Updating of these Terms and Conditions

Spotty Frog reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

 

TERMS AND CONDITIONS OF RESELLER REGISTRATION AND TRADE (Please read this CAREFULLY!):

IMPORTANT: If you decide to become a Spotty Frog Independent Reseller, by electing to pay the registration fee you automatically agree to be bound by the Reseller Contract and terms and conditions as set out hereunder:

 

Broad Outline - The Reseller Contract is between Red Events PTY, a South African Closed Corporation, (“Company” or “Spotty Frog” or “we” or “our”), and the independent Reseller, (“Reseller” or “you” or “purchaser”), and subject to the terms and conditions herein, and grants the Reseller the right to market and sell certain Spotty Frog products.

Independent Reseller - The Reseller must acknowledge and agree that as a registered Reseller, he/she act independently and without affiliation to the Company; He/she is not an employee, agent, or legal representative of the Company, and except as permitted by the Contract, is not authorised to act on behalf of the Company. The Reseller must understand that Spotty Frog is a trademark and therefore he/she may not make any reference to it, whatsoever, and that if he/she does, he/she could face legal charges. Nothing in the Reseller Contract is intended or will be deemed to constitute a partnership, agency, employer-employee, or a joint venture relationship between the Company and him/herself.

Contract Period - The Reseller Contract (Standard or Premium) is valid for a period of 6 months, after which it will be reviewed. Should the outcome of this review prove that the Reseller has not been able to sustain the parameters of the Reseller terms and conditions of trade, such Reseller Contract and all access to the Reseller Zone (in the case of a Premium Contract) will be terminated with immediate effect and the Reseller's customer online account will automatically revert back to the standard retail price. Should the Reseller wish to re-instate his/her Reseller account, the appropriate Registration fee becomes payable once again and the same sequence of events shall apply. Should the outcome of the review prove favourable, the Reseller Contract will automatically be renewed for another 6 month period and no additional Registration fees are payable. This cycle will continue until such time as the Reseller Account is terminated due to breach, or cancelled by the Reseller.

Reseller Discounted Price - 30% discount on all our products across the board (unless otherwise specified) and based on wholesale purchase.

Minimum Purchase Quantity - minimum purchase amount of R2000.00 (excl. shipping) per online purchase. NO EXCEPTIONS.

Minimum Monthly Spend - at least R1000.00 per month to maintain the discounted price and Reseller status.

Product Pricing - The Company reserves the right to change reseller product prices and correct any pricing errors without prior notice. The reseller price payable will be the price in effect at the time of the sale of the products to the Reseller.

Stock Availability - Although we do carry a large amount of stock, we do run out on occasion. Should this occur, please allow a maximum of 4 working days for your order to be processed. If there is insufficient stock to fulfil a Reseller's order, they will be contacted and informed and alternative arrangements can be made should they so request.

Payment - EFT (Electronic Transfer) or Cash only. NO EXCEPTIONS. No payments by credit card or direct cash deposit will be allowed. If payment is received via credit card or cash deposit, all bank charges for such will be added to the Reseller's next purchase. No order will be processed without receipt of proof of payment. NO EXCEPTIONS. This can be emailed to info@spottyfrog.co.za.

Marketing and Resale of Products - Resellers have the right to purchase products at the reseller’s discount and promote the retail sale of our products at their own price. Resellers are also not required to stock all our products. Resellers are responsible for their own marketing, however, if the Reseller opts for Premium Reseller Registration, their contact details will be added to the Reseller List on our website with a click-through to their website (if they have one) and also their email address so that potential customers can contact them directly. Please note that this will be completely at a customer’s discretion and we are not bound to drive sales to your area.

 

Product Claims / Disclaimer -   All customers need to be aware that the use of any products and/or items bought from this Website (by themselves or through an independent Reseller) is at the purchaser’s risk. The purchaser/user indemnifies and holds Spotty Frog harmless against any loss, injury or damages which may be sustained as a result of using the products and/or items sold on the Website. Any complaints regarding the standard and quality of the product or products bought by consumers through this e-commerce facility or through an independent Reseller should be directed to the Marketing Manager, info@spottyfrog.co.za.

Returns and Refunds - If the Reseller is not 100% satisfied with the purchase, they are to please contact us as soon as possible and we will do everything to ensure a positive resolution. If we cannot resolve the situation, the Reseller can return the goods to us, within 7 days of purchase, along with written communication detailing the reason for the return. We will take the motivation into consideration, and pending the outcome of an investigation, the Reseller may receive a full refund of the original purchase price. The refund does not include delivery cost and could take up to 7 working days. In the unlikely event that your Spotty Frog product/s is/are damaged in transit, please note that a photograph will be required as evidence for the replacement of any damaged goods. If we find that any part of the Spotty Frog product has been purposely broken and/or tampered with, or partly used, then no refund will be issued for obvious reasons.

Delivery Waiver - Spotty Frog does not accept liability in any way whatsoever, for any package that has been tampered with, damaged, lost, stolen and / or confiscated for any reason whatsoever, once it has been dispatched from our premises. All risks associated with delivery, postage and freighting are entirely the responsibility of the purchaser. For further details please read our delivery policy above.

Cancellation Policy - Orders cannot be cancelled on the day of delivery or if they have been dispatched from our premises - these orders will be charged in full. Orders not paid in full and / or collected within 3 working days will automatically be cancelled. Spotty Frog reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient to fulfill the order. Should we exercise this right, then we will contact the Reseller to make alternative arrangements. If no alternative arrangements can be made, then the Reseller will either:

  • receive a full refund within 48 hours with no administration fee deductions, or
  • in the event of insufficient stock, receive a replacement product of their choice to the same value, or
  • in the event of insufficient stock, receive a credit to the value of the specific stock item and the balance of their order will be dispatched, or
  • in the event of insufficient stock, we can hold back an entire order until such time as our stock is replenished.
  •  

NB: Reseller info

Representations and Warranties - The Reseller represents and warrants that he/she is authorised to enter into this Contract and that they have met all legal requirements to enter a valid contract in this market and that this Contract constitutes a legal, valid and binding obligation. The Reseller also represents and warrants that:

  • Information provided by them in on our Reseller Registration Form is accurate and complete and that the providing of false or misleading information authorises the Company, at its election, to declare the Contract void from its inception;
  • The identification number provided on the Reseller Registration Form is their correct identification number for their country of residence;
  • The Reseller, if an individual, is a citizen or a lawful permanent resident of their country of residence or, if a business entity, such as a corporation, partnership, limited liability company, or any other form of business organisation, formed in the country of their residence, it is legally formed under the laws of the country in which it was organised and that each member of the business entity has proper legal authorisation to conduct business in that said country.

Indemnity - The Reseller indemnifies and holds Red Events and / or Spotty Frog, and each of their shareholders, officers, directors and employees harmless from and against any claim, demand, liability, loss, action, causes of action, costs, or expenses, including, but not limited to, reasonable attorney’s fees, resulting or arising from, directly or indirectly, any acts or omissions by them in conducting their independent business for the resale of Spotty Frog products, including without limitation, breach of representations and warranties, material breach of the Contract, other agreements between the parties, or any other claims or causes of action.

Limitation of Liability - The Reseller agrees that Red Events and / or Spotty Frog, will not be liable for any special, indirect, direct, incidental, punitive, or consequential damages, including loss of profits, arising from or related to the breach of the Contract, other agreements between the parties, or any reason whatsoever. The Reseller agrees that the entire liability of Red Events and / or Spotty Frog, for any claim whatsoever related to their relationship with Red Events and / or Spotty Frog, including but not limited to any cause of action arising in contract, tort, or equity, will be limited to the cost of products that they have purchased from Spotty Frog under the Reseller Contract.

Arbitration Agreement - South Africa shall be the exclusive venue for mediation, arbitration or any other resolution of any disputes arising under or related to the Reseller Contract. The place of origin of this Contract is the country of South Africa, and it will be governed by, construed in accordance with, and interpreted pursuant to the laws of South Africa, without giving effect to its rules regarding choice of laws. The exclusive venue for any and all disputes and actions arising under or related to this Contract, or any and all disputes between Resellers arising out of or related to a distributorship or this Contract, to enforce this Contract, or any other claim (whether based in contract, tort, statute, law or equity), including the validity of the arbitration provision, place of venue, and jurisdiction, shall be in South Africa. The Parties consent to the personal jurisdiction of said courts within the country of South Africa and waive any objection to improper venue. The Reseller agrees that any past, present or future claim, dispute, cause of action or complaint, arising under or related to this Contract, or any and all disputes between Resellers arising out of or related to a distributorship or this Contract, to enforce this Contract, or any other claim (whether based in contract, tort, statute, law or equity), including those which the Reseller may have or allege to have against the Company or any of its affiliated companies, or their owners, directors, officers or employees, or any other Reseller, which arise as a result of or in connection with their marketing and sale of Spotty Frog products, will be resolved and settled in accordance with and pursuant to the terms and conditions of this Contract. The arbitration will be conducted in the English language, but at the request and expense of a party, documents and testimony will be translated into another language. One arbitrator will be appointed to hear and decide disputes, which arbitrator will be selected by mutual consent of both parties. The parties will each bear their own costs and expenses and an equal share of the cost of the arbitrator and administrative fees of arbitration. Neither the parties nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties. Judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction. The Reseller agrees that by accessing any Company website, or a website of an affiliated company, and using the information therein, or by purchasing any products or services made available through said websites, or purchasing any products from the Company or its affiliated companies, they agree to be bound by this Arbitration Agreement.

Good Faith - On implementation of the Reseller account, both parties (the Company and the Reseller) undertake to observe the utmost good faith, and they warrant that in their dealings with one other that they will refrain from doing anything that might prejudice or detract from either parties’ rights, assets or interests.

 

We reserve the right to make changes to this policy. Any changes to this policy will be posted.