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, and 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 without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions. The Website enables you to shop online for an extensive range of goods (“Goods”). Important Notice
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”). Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Kaya Image to explain it to you before you accept the Terms and Conditions or continue using the Website. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit, or avoid any right or obligation, as the case may be, created for either you or Kaya Image in terms of the CPA.
Return Policy
Available at: https://kayaimage.co.za/return-policy/
Cancellations
You are entitled to cancel your order for the Goods, without penalty, provided the goods have not left the Distribution Centre.
Once the Goods have left the Distribution Centre, you are entitled to cancel your order within 7 days of the Goods having been delivered to you. In such an event you will receive a credit of the goods and will be held liable for any delivery charge incurred, or pay for any delivery costs to return the goods. This is provided:
You undertake not to utilize the Goods; Your agreement of purchase will be deemed to have been canceled, and You will be liable in terms of section 44(2) of the Electronic Communications and Transactions Act 25 of 2002 (as amended from time to time) for the direct costs of returning the Goods, such as courier and/or shipping charges where applicable.
Use of the Website
By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions. You agree that you will not in any way use any device, software, or other instruments to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic devices, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorized Kaya Image representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website). You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorized Kaya Image representative.
Conclusion of Sales and Availability of Stock
Users may place orders for Goods, which Kaya Image may accept or reject. Whether or not Kaya Image accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorization by Kaya Image for the Goods. Kaya Image will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and Kaya Image come into effect (the “Sale”). This is regardless of any communication from Kaya Image stating that your order or payment has been confirmed. Kaya Image will indicate the rejection of your order by canceling it and, as soon as possible thereafter, refunding you for any amount already paid. Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Kaya Image liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Kaya Image, Kaya Image will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Kaya Image will notify you, and you will be entitled to a refund of any amount already paid by you for such Goods.