Terms of service

OVERVIEW

Welcome to PAJAMAS + JAM eatery! The terms "we", "us" and "our" refer to PAJAMAS + JAM eatery. PAJAMAS + JAM eatery operates this store and website, including all related information, content, features, tools, products and services, to give you, the customer, a curated shopping experience (the "Services"). PAJAMAS + JAM eatery is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced here (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or our Privacy Policy, please do not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you are at least 18 years old, or that you have your parent or guardian's consent to use the Services, and that you consent to any minor dependants using the Services on devices you own or manage.

To use the Services, including browsing our online store or purchasing any products, you may be asked to provide information such as your email address, billing, payment and delivery details. You confirm that all information you provide is correct, current and complete, and that you have the right to provide it.

You're solely responsible for keeping your account details secure and for all activity on your account. You may not transfer, sell or licence your account to anyone else.

SECTION 2 — OUR PRODUCTS

We've made every effort to represent our products accurately in our online store. Please note that colours or appearance may differ slightly from how they appear on your screen, depending on your device and its settings.

We don't guarantee that the appearance or quality of any product you purchase will exactly match how it's shown in our store.

Product descriptions may change at any time, at our discretion. We reserve the right to discontinue any product or limit quantities available to any person or region.

SECTION 3 — ORDERS

When you place an order, you're making an offer to purchase. PAJAMAS + JAM eatery reserves the right to accept or decline any order at our discretion. Your order is only accepted once we confirm it, and we must receive and process your payment first. Please check your order carefully before submitting it, as we may not be able to accommodate cancellations once an order has been accepted. If we don't accept, change or cancel an order, we'll try to notify you using the email, billing address or phone number provided at checkout.

Returns and exchanges are handled in line with our Refund Policy [LINK].

You confirm that your purchases are for your own personal or household use, not for resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts and promotions may change without notice. The price charged will be the price in effect when the order is placed, as shown in your order confirmation email. Unless stated otherwise, prices exclude tax, shipping, handling, customs or import charges.

Prices in our online store may differ from prices in physical stores or other online stores. From time to time we may run promotions governed by their own terms; where those conflict with these Terms, the promotion terms apply.

You agree to provide current, complete and accurate payment and account details for every purchase, and to keep this information (including your email address and card details) up to date so we can process your order and contact you if needed.

You confirm that (i) the payment information you provide is true and complete, (ii) you're authorised to use that payment method, (iii) charges will be honoured by your card provider, and (iv) you'll pay all charges incurred at the posted prices, including delivery charges and any applicable tax.

SECTION 5 — SHIPPING AND DELIVERY

We aren't liable for shipping or delivery delays. All delivery times are estimates only and aren't guaranteed. We're not responsible for delays caused by couriers, customs processing, or anything outside our control. Once we hand products to the courier, risk in the goods passes to you.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services — including trademarks, brand assets, text, images, graphics, product reviews, video and audio, and how they're arranged — are owned by PAJAMAS + JAM eatery, its affiliates or licensors, and are protected by South African and international copyright, trademark and other intellectual property laws.

These Terms allow you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store or transmit any material from the Services without our prior written consent. Nothing in these Terms grants you any licence or right under our (or Shopify's, or any third party's) patents, trademarks, copyright or other intellectual property, except as expressly stated. Unauthorised use of the Services may breach intellectual property law. All rights not expressly granted here are reserved by PAJAMAS + JAM eatery.

PAJAMAS + JAM eatery's names, logos, product names, designs and slogans are trademarks of PAJAMAS + JAM eatery, its affiliates or licensors, and may not be used without our prior written permission. Shopify's name, logo and related marks belong to Shopify. All other names, logos and marks on the Services belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

You may be given access to tools provided by third parties as part of the Services, which we don't monitor or control.

You acknowledge that we provide access to such tools "as is" and "as available", without any warranties or endorsement, and we have no liability arising from your use of them.

Your use of any optional third-party tools is entirely at your own risk. Please make sure you understand and agree to the relevant third party's own terms before using their tools.

We may, from time to time, add new features to the Services. These will also form part of the Services and be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain links to websites operated by third parties. We're not responsible for reviewing or verifying the content or accuracy of any third-party material or site. If you choose to visit a third-party site, you do so at your own risk.

We aren't liable for any harm or loss relating to your use of third-party websites, products or services. Please review any third party's own policies carefully before transacting with them. Any complaints about third-party products or services should go directly to that third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately describes Shopify's relationship with your store and shouldn't be removed or changed.]

PAJAMAS + JAM eatery is powered by Shopify, which enables us to provide the Services to you. However, any purchases you make in our store are made directly with PAJAMAS + JAM eatery. Shopify isn't responsible for any aspect of the sale between you and PAJAMAS + JAM eatery, including any injury, damage or loss arising from purchased products. You release Shopify and its affiliates from all claims, damages and liabilities relating to your purchases and transactions with PAJAMAS + JAM eatery.

SECTION 10 — PRIVACY POLICY

All personal information we collect through the Services is handled in accordance with our Privacy Policy [LINK] and, where applicable, the Protection of Personal Information Act (POPIA). Certain personal information may also be subject to Shopify's Privacy Policy, viewable here. By using the Services, you confirm you've read these policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your use of the Services to help provide and improve them. Information you submit may be shared with Shopify and other third parties, some located in other countries, in order to deliver the Services to you. See our Privacy Policy [LINK] for more detail on how we, Shopify and our partners use your personal information.

SECTION 11 — FEEDBACK

If you send us ideas, suggestions, feedback, reviews or other content ("Feedback"), you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish and distribute that Feedback for any purpose, including commercial use — for example, to operate, improve or promote the Services.

You confirm that (i) you own or have the rights to any Feedback you submit, (ii) you've disclosed any compensation received for submitting it, and (iii) your Feedback complies with these Terms. We're under no obligation to keep Feedback confidential, pay for it, or respond to it.

We may, but don't have to, monitor, edit or remove Feedback we consider unlawful, offensive, defamatory or otherwise objectionable, or that breaches these Terms or anyone's rights.

You agree your Feedback won't infringe any third party's rights, contain unlawful, abusive or obscene content, or contain viruses or malware. You may not use a false email address, impersonate anyone else, or otherwise mislead us. You're solely responsible for your Feedback and its accuracy, and we take no responsibility for Feedback posted by you or others.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Our Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery times or availability. We reserve the right to correct these, and to update information or cancel orders where inaccurate information was involved, at any time and without prior notice, including after you've placed an order.

SECTION 13 — PROHIBITED USES

You may only use the Services for lawful purposes. You may not use the Services to: (a) act unlawfully or with malicious intent; (b) breach any applicable law or regulation; (c) infringe our intellectual property or that of others; (d) harass, abuse or defame our staff or anyone else; (e) transmit false or misleading information; (f) upload material that doesn't comply with these Terms; (g) send unsolicited advertising, spam or chain messages; (h) impersonate any person or entity; or (i) engage in conduct that restricts anyone else's use of the Services or that we determine may harm PAJAMAS + JAM eatery, Shopify or other users, or expose them to liability.

You also agree not to: (a) upload viruses or malicious code; (b) reproduce, copy or exploit any part of the Services without permission; (c) collect or track others' personal information; (d) attempt phishing, pharming or similar; (e) use bots, scrapers, data-extraction tools, AI agents or other automated means to access the Services; or (f) bypass or interfere with any security or access controls we use. We may suspend, disable or close your account at any time, without notice, if we believe you've breached these Terms.

SECTION 14 — AGENTS

14.1 This section ("Agent Terms") applies if you use, permit or cause an "Agent" — any software that acts autonomously or semi-autonomously on behalf of a person or entity without direct supervision — to access or interact with the Services.

14.2 No Agent may access or interact with the Services unless it identifies itself and follows the requirements in clause 14.4, and only if we haven't asked that Agent to stay away from the Services.

14.3 We may limit, including through technical measures, whether and how any Agent accesses or interacts with the Services.

14.4 Agents must: (i) identify themselves as an Agent in every HTTP/HTTPS request by including "Agent/[agent name]" in the user agent string; (ii) not conceal that they are an Agent, including by mimicking human behaviour or bypassing CAPTCHAs; (iii) answer truthfully if asked whether an interaction comes from a human or a computer; and (iv) not circumvent any measure intended to control how Agents access the Services.

SECTION 15 — TERMINATION

We may end this agreement or your access to the Services, in whole or in part, at our discretion and without notice. You remain liable for all amounts due up to the date of termination.

The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should continue to apply.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information on the Services is provided for general information purposes only. We don't warrant its accuracy, completeness or usefulness, and any reliance you place on it is at your own risk. We disclaim all liability arising from reliance on this material by you or anyone else.

Except as expressly stated by PAJAMAS + JAM eatery, the Services and all products offered through them are provided "as is" and "as available", without any warranties or conditions of any kind, whether express or implied, including implied warranties of merchantability, quality, fitness for a particular purpose, durability, title or non-infringement. We don't guarantee that your use of the Services will be uninterrupted, timely, secure or error-free. Some laws don't allow the exclusion of certain warranties, so parts of this disclaimer may not apply to you.

SECTION 17 — LIMITATION OF LIABILITY

To the fullest extent permitted by law, PAJAMAS + JAM eatery, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, and those of Shopify and its affiliates, will not be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special or consequential damages of any kind — including lost profits, lost revenue, lost savings, loss of data or replacement costs — arising from your use of the Services or any product bought through them, or from any errors or omissions in any content, even if we've been advised of the possibility of such damages.

SECTION 18 — INDEMNIFICATION

You agree to indemnify and hold harmless PAJAMAS + JAM eatery, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers against any losses, damages, liabilities or claims, including reasonable legal fees, arising from (1) your breach of these Terms, (2) your breach of any law or third-party right, or (3) your access to or use of the Services.

We'll notify you of any claim covered by this section; a delay in notifying you won't release you from this obligation unless it materially prejudices you. We may control the defence and settlement of any such claim at your expense, including choice of legal counsel, but won't settle any claim requiring a non-monetary obligation from you without your consent, which won't be unreasonably withheld. You agree to cooperate in the defence of any such claim, including by providing relevant documents.

SECTION 19 — SEVERABILITY

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will still be enforced to the fullest extent allowed by law, and the unenforceable part will be considered separate from the rest of these Terms, which will remain valid and enforceable.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

If we don't enforce a right or provision in these Terms, that isn't a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules we post, form the entire agreement between you and us regarding your use of the Services, replacing any earlier agreements or communications, whether oral or written (including earlier versions of these Terms).

Any ambiguity in interpreting these Terms won't be held against whoever drafted them.

SECTION 21 — ASSIGNMENT

You may not transfer or assign this agreement, or any of your rights or obligations under it, without our prior written consent; any attempt to do so is void. We may transfer, assign or delegate these Terms and our rights and obligations without notice or consent.

SECTION 22 — GOVERNING LAW

These Terms of Service, and any separate agreement under which we provide you Services, are governed by the laws of South Africa. You and PAJAMAS + JAM eatery agree to the exclusive jurisdiction of the South African courts.

SECTION 23 — HEADINGS

The headings in this agreement are for convenience only and don't affect how these Terms are interpreted.

SECTION 24 — CHANGES TO TERMS OF SERVICE

You can review the current version of these Terms at any time on this page.

We may update, change or replace any part of these Terms at our discretion by posting changes to our website. It's your responsibility to check the site periodically. We'll notify you of material changes as required by law, and those changes take effect on the date stated in the notice. Continuing to use the Services after changes are posted means you accept them.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms of Service can be sent to hello@pajamasandjam.com.

Our contact details:

hello@pajamasandjam.com