Terms and Conditions

Kaya Image (Pty) Ltd
Website: www.kayaimage.co.za

1. Introduction

This website can be accessed at www.kayaimage.co.za, related mobile sites, and software applications (the “Website”) and is owned and operated by Kaya Image (Pty) Ltd (“Kaya Image”, “we”, “us”, and “our”).

These Website Terms and Conditions (“Terms and Conditions”) govern:

  • The ordering, sale, and delivery of Goods
  • The use of the Website

These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your”, or “user”), including any user who registers as a registered user.

By using the Website and by clicking on the “Register Now” button (where applicable), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

The Website enables you to shop online for an extensive range of goods (“Goods”).

2. Important Notice (Consumer Protection Act)

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (CPA).

Your attention is drawn to the fact that:

  • Certain provisions may limit Kaya Image’s risk or liability
  • Certain provisions may create risk or liability for you
  • Certain provisions may require you to indemnify Kaya Image
  • Certain provisions serve as an acknowledgment of fact by you

If there is any provision that you do not understand, it is your responsibility to request clarification from Kaya Image before continuing to use the Website.

Nothing in these Terms and Conditions is intended to unlawfully restrict, limit, or avoid any right or obligation created in terms of the CPA.

3. Use of the Website

By using the Website, you warrant that:

  • You are 18 (eighteen) years of age or older; and
  • You have full legal capacity to enter into binding agreements.

If you are under 18 years of age, you may only use the Website under supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions and accepts responsibility for your obligations.

You agree that you will not:

  • Use any device, software, or instrument to interfere with the proper functioning of the Website
  • Use robots, spiders, scraping tools, or automated processes to monitor, copy, distribute, or modify Website content without prior written consent
  • Distribute defamatory, unlawful, offensive, or hate speech material via the Website
  • Display, publish, copy, or use Website content without express written permission

Standard search engine indexing is permitted.

4. Registration & User Accounts

To purchase Goods, you may be required to register an account.

You agree to:

  • Provide accurate and complete information
  • Maintain confidentiality of your login details
  • Accept responsibility for all activity under your account

Kaya Image reserves the right to suspend or terminate accounts that breach these Terms.

5. Conclusion of Sales & Stock Availability

Users may place orders for Goods, which Kaya Image may accept or reject.

Whether Kaya Image accepts an order depends on:

  • Availability of stock
  • Accuracy of product information (including pricing)
  • Receipt of cleared payment or payment authorization

5.1 When a Sale is Concluded

An agreement of sale (“Sale”) between you and Kaya Image only comes into effect when:

  • The Goods are delivered to you.

Order confirmation emails or payment confirmations do not constitute acceptance of an order.

If an order is rejected:

  • Kaya Image will cancel the order; and
  • Refund any amount already paid as soon as reasonably possible.

5.2 Shopping Basket Disclaimer

Placing Goods in your shopping basket without completing checkout does not constitute an order. Goods may:

  • Become unavailable
  • Change price
  • Be removed from your basket

Kaya Image cannot be held liable if Goods are unavailable or priced differently when checkout is completed.

5.3 Limited Stock

Stock is limited. While Kaya Image takes reasonable steps to update stock availability, we cannot guarantee stock availability at all times.

If stock becomes unavailable after an order is placed, you will be notified and refunded accordingly.

6. Pricing

  • All prices are listed in South African Rand (ZAR).
  • Prices may change without notice.
  • Obvious pricing errors may be corrected before acceptance of sale.
  • Delivery charges are separate unless stated otherwise.

7. Payment Terms

We accept:

  • EFT (Electronic Funds Transfer)
  • Online banking payments
  • Approved secure payment gateways

Production begins once payment reflects in our account (unless credit terms are approved in writing).

You are responsible for:

  • Using the correct reference number
  • Verifying official Kaya Image banking details

Kaya Image does not store banking passwords, PINs, or security codes.

8. Cancellations (Electronic Communications & Transactions Act)

8.1 Before Dispatch

You may cancel your order without penalty provided the Goods have not left the Distribution Centre.

8.2 After Dispatch

Once Goods have left the Distribution Centre:

You may cancel within 7 days of delivery, provided that:

  • You do not use the Goods
  • The Goods are returned in original condition

In such event:

  • You will receive a credit or refund
  • You will be liable for delivery and return courier costs

In terms of Section 44(2) of the Electronic Communications and Transactions Act 25 of 2002, you are liable for the direct costs of returning the Goods.

Custom-made or personalized products may not qualify for cancellation unless defective.

9. Returns Policy

Our full Returns Policy is available here: Return Policy

Custom printed and personalized goods are generally non-returnable unless defective or materially different from approved artwork.

Claims must be submitted within 48 hours of delivery.

10. Artwork & Intellectual Property

You warrant that:

  • You have legal rights to use any logos, trademarks, or images submitted
  • Your content does not infringe third-party rights

Kaya Image is not liable for intellectual property disputes arising from client-supplied materials.

Color variations due to printing processes or monitor differences do not constitute defects.

11. Delivery & Risk

  • Delivery timelines are estimates only.
  • Risk passes to you once Goods are handed to the courier.
  • Kaya Image is not liable for courier delays or loss beyond our control.

12. Limitation of Liability

To the fullest extent permitted by law, Kaya Image shall not be liable for:

  • Indirect or consequential losses
  • Loss of profits
  • Event losses due to delays
  • Errors in client-approved artwork

Our total liability shall not exceed the amount paid for the specific order.

Nothing in this clause limits rights granted under the CPA.

13. Promotions

Promotions and discounts:

  • Are subject to availability
  • Cannot be combined unless stated
  • May be withdrawn at any time

14. Force Majeure

Kaya Image is not liable for failure or delay caused by events beyond reasonable control, including:

  • Load shedding
  • Natural disasters
  • Government restrictions
  • Strikes
  • Supply chain disruptions

15. Amendments

Kaya Image reserves the right to amend these Terms at any time.

Updated Terms will be published on the Website. Continued use constitutes acceptance.

16. Governing Law

These Terms & Conditions are governed by the laws of the Republic of South Africa.

Any disputes shall be subject to the jurisdiction of South African courts.

17. Contact Information

Kaya Image (Pty) Ltd
1567 Kruis & Albertina Sisulu Rd, Marshalltown, Johannesburg, 2001
Email: info@kayaimage.co.za
Web: www.kayaimage.co.za
Phone: 011 072 6618 / WhatsApp: 078 937 6642