Terms and Conditions

 

Defects, Returns, Refunds & Guarantees

Should you not be satisfied with any product purchased by you on the Website, by reason of a defect, incorrect choice of product, or otherwise, you may, under certain circumstances, be entitled to either be refunded or have the product repaired or replaced, as the case may be. The Refund Policy regulates your rights in this regard, and how products are to be returned to us.

Sales Records

A full record of every sale and related transaction between you and KayaGas shall be maintained on the Website for a period of 12 months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, whereafter, you shall be responsible for retaining your own record of the relevant sale or related transaction.

Disclaimer

Save for KayaGas being liable to you –

Neither KayaGas nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website. Furthermore, KayaGas makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors via email.

Although the products sold via the Website may be under warranty, the Website itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Website will meet your individual requirements and be compatible with your hardware.

Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of KayaGas and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.

Governing Law and Jurisdiction

This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these T&C, you and KayaGas submit to the non-exclusive jurisdiction of the South African courts.

Privacy

KayaGas shall take all reasonable steps to protect your personal information.  For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).

KayaGas may electronically collect, store and use the following of your personal information:

KayaGas collects, stores and uses the above mentioned information for the following purposes:

Information detailed above is collected either electronically by using cookies or is provided voluntarily by you. You may determine cookie use independently through your browser settings.

You may elect not to receive any communications from KayaGas and/or its partners / affiliates.

KayaGas may collect, maintain, save, compile and share any information collected from you, subject to the following provisions:

You acknowledge and agree that certain personal information (i.e. your full names, delivery address, email address, and contact number) will be used in relation to your purchase of such products.

Additional information regarding ‘KayaGas express pay’ Users

Users who have in the past chosen to subscribe to the ‘KayaGas express pay’ service (“Express Users”) would have provided additional information to KayaGas for purposes of facilitating quick credit card payments on the Website as follows:

The ‘KayaGas express pay’ service was replaced on, 1 July 2010, by the PayU Express Pay service (originally known as ‘PayJar’ Express Pay). The PayU Express Pay service is operated by PayU Payment Solutions (Pty) Ltd (“PayU”) and consequently, Express Users would have to re-register with PayU for such service. If you were an Express User and have notified or notify KayaGas that you wish to register for the new PayU Express Pay service, you consent to KayaGas disclosing to PayU such of your personal information (including full names, identity number, credit card details and billing address) as is required to pre-populate your PayU registration forms.

Security

Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that KayaGas suffers any damage or loss.

You agree and warrant that your log-in name and password shall:

You allow KayaGas to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.

All credit card transactions are Secure Socket Layers encrypted. KayaGas’s registration documents and the Website’s registered domain name are checked and verified by Thawte.

 Changes to Agreement

KayaGas may, in its sole discretion, change these T&C or any part thereof at any time on notice to you..  It is your responsibility to ensure that you are satisfied with the amendments.  Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website.

Disputes

Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and KayaGas on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of KayaGas, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.

Address for Notices

KayaGas chooses as its address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: KayaGas, van Riebeek Rd, Blackheath, Cape Town, South Africa

Term and Termination

These T&C shall commence from the date on which they are published on the Website and continue indefinitely, as amended by KayaGas from time to time (as described above), for so long as the Website exists and is operational, KayaGas being entitled to terminate these T&C and/or shut down the Website at any time (subject to still processing any orders then already placed and accepted by KayaGas).

Copyright & other Intellectual Property Rights

Any and all copyright subsisting in the Website, including these T&C, vests in KayaGas and all rights not expressly granted are reserved.

You may only download, view and print content from this Website for private and non-commercial purposes. To obtain permissions for the commercial use of any content on this Website email info@kayagas.co.za or phone customer support on +27 (0)21 555 2499 for assistance.

KayaGas cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform KayaGas of any content that may be offensive or illegal.

All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to KayaGas and as such are protected from infringement by local and international legislation and treaties.

Electronic Communications

When you visit the Website or send e-mails to KayaGas, you consent to receiving communications from KayaGas electronically and agree that all agreements, notices, disclosures and other communications sent by KayaGas satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.

Information

The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.

KayaGas’s information is as follows:

Full name: KayaGas (Pty) Ltd, registered in South Africa, registration number 2006/010096/07
Address for receipt of legal service: KayaGas, van Riebeek Rd, Blackheath, Cape Town
Official email address: info@KayaGas.co.za
Code of Conduct: not applicable

Purchases from KayaGas

KayaGas Products & Availability

Identification of KayaGas products

Product listings which do not specify the name of a third party seller, are products offered for sale by KayaGas and, once added to your shopping basket, will reflect the KayaGas icon.

Stock availability

Stocks of all goods on offer are limited. KayaGas shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should KayaGas be unable to fulfil any order placed by you at the advertised price due to stock having sold out, KayaGas will notify you and you will be entitled to a refund of the amount paid by you for such product.

Errors

Please note that although KayaGas endeavours to accurately describe and/or depict each product on the Website, some descriptions or photographs may be of a generic nature and not specific to the particular product you wish to buy. However, should you be dissatisfied with the product you receive for any reason, you are entitled to return the product to KayaGas for a full refund within 7 days of delivery.

Agreements of Sale

Placing a product in a shopping basket or adding it to a wishlist without completing the purchase cycle does not:

and as such, KayaGas may remove such product from the shopping basket or wishlist if stock becomes unavailable and you cannot hold KayaGas liable if such product is not available when the purchase cycle is completed at a later stage.

An agreement of sale only comes into effect if and when:

Termination of Sales & Cancellation of Orders

Amounts payable by You

Prices

The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.  However, note the following for pre-order products (being products pre-ordered in advance of their public release dates): if the price of that product upon its release is lower than the price you paid for your pre-order, then your account will be credited with the difference.

Delivery Costs

A delivery charge shall apply for orders less than R200.

Value Added Tax

Value added tax at the rate of 14% is charged on goods bought by South African residents. VAT is not payable on orders if both the billing and the shipping address are international.

Errors

KayaGas shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, KayaGas will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.

Payment Methods

Subject to the exceptions listed below, your payment for any products ordered from KayaGas must be made to KayaGas’s bank account in any one of the following ways:

Credit card payments

At the time of placing the order, the transaction details are presented to the bank and payment is collected immediately. If bank’s authorisation is not obtained, the order will be cancelled. KayaGas may carry out certain fraud checks with the cardholder or the cardholder’s bank, should KayaGas be unable to verify the validity of the transaction the order will be cancelled.

Bank deposits & Electronic Funds Transfer

If you select the ‘pay via bank deposit’ button, instructions will be given on how to deposit monies into KayaGas’s bank account and it would be subject to the following rules:

Standard Bank Autopay

If you select the ‘Pay now using Standard Bank Autopay’ button, you will be taken to the Standard Bank site, where you must login using a card number and password, and select the account from which payment must be made. Payment is transferred to KayaGas immediately, whereafter you will be returned to the Website and be given an order number. You must be registered with Standard Bank Internet Banking to make use of this facility.

Deliveries

Where we deliver

KayaGas delivers to addresses within the Cape Town City Metro area only.

Delivery Periods

All KayaGas items listed on the Website have an indication of the delivery time. However, note the following in particular:’

Vouchers & Coupons

KayaGas may make physical and/or electronic gift vouchers (“Vouchers”), as well as electronic promotional coupons (“Coupons”) available on the Website from time to time.

General

Vouchers and Coupons can only be redeemed –