Terms and Conditions for www.kayacrafts.co.za
Please read these Terms and Conditions carefully before using the KayaCrafts.co.za website.
The Terms stipulated here represent the conditions of your use of the KayaCrafts.co.za website, services and domains provided by KayaCrafts.co.za. You are agreeing to these Terms and Conditions when accessing this site by using any function or service of the site or by creating or logging in to an account.
The Terms and Conditions might be amended from time to time by KayaCrafts.co.za.
This policy was published on 12 July, 2019 and will take effect on 12 July, 2019.
KayaCrafts.co.za is a virtual showcase that facilitates the selling and buying of commercially sourced craft supplies and tools as well as handcrafted products made by independent individuals and small businesses that are based in South Africa.
KayaCrafts.co.za is not directly involved with any transaction or associated agreements made between parties who engage in the buying and/or selling of products on the site KayaCrafts.co.za. The quality, safety, authenticity or legality of any products listed can not be guaranteed.
KayaCrafts.co.za accepts no responsibility, nor shall be held liable for the transactions that occur as a result of usage of the website.
To access and utilize the resources on this site you must be a registered user and comply with the following restrictions: You must be legally entitled to sell and buy products on KayaCrafts.co.za. A seller is responsible for ensuring that the products listed in their shops meet all relevant legal and safety standards, both within South Africa and in any other country which that shop services.
Users of the services of KayaCrafts.co.za must be 18 years of age or older and legally be entitled to create a binding contract between buyer and seller. Users under the age of 18 can use the services of KayaCrafts.co.za if supervised at all times by a parent or legal guardian over the age of 18. The parent or legal guardian assumes responsibility of all activities carried out by the user that is under the age of 18. The parent or legal guardian agrees that KayaCrafts.co.za shall not be held responsible for any damages incurred by non-commitment to this policy.
Access to services
Using the functionality and engaging in transactions on KayaCrafts.co.za is offered free of charge to the user and can be limited or rescinded at anytime without notice. Access to a seller account and seller functions requires a verified payment method and contact information. Seller account services require complying with the fees and billing agreement as set out below. It is at the discretion of KayaCrafts.co.za to permit site use, as well as to rescind site use at any time for any reason and without prior notice. By your use of the site you agree that KayaCrafts.co.za is not liable to you or any third party for the termination of your account, or restriction from website usage. KayaCrafts.co.za retains the right to refuse service to any member and suspend any users account at its sole discretion.
By using the services of KayaCrafts.co.za you agree to not break any laws in relation with your use of the Services by engaging in fraudulent actions (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct or any other unlawful acts or crimes against KayaCrafts.co.za, other KayaCrafts.co.za users, or a third party.
You agree not to interfere with or try to disrupt our services in any manner.
Fees and billing
A seller’s once off joining fee and 3 month subscription fee must be paid in full at the time of subscribing. Subscription renewals and charges for extra services must be paid up front. It is the responsibility of sellers to ensure that their credit card details are up to date in our system. A failed payment for the renewal of a subscription will result in the subscription being cancelled and your shop will be taken offline. By accepting these Terms and Conditions on registration you agree to pay your account on time and in full.
Subscriptions renew automatically to avoid interruption of services. You can cancel the auto renewal of your subscription at any time from the account section of your account. The cancelling of the auto renewal of your subscription will not change access to your shop until the end of the paid subscription period. Early termination of a subscription can be arranged.
Refunds and termination of accounts
Due to the nature of our subscription service, all fees and charges are nonrefundable and there are no refunds for partially used periods. We will provide a free time period at the onset of KayaCrafts to allow time for sellers to populate their shops before KayaCrafts us launched. The time period is at our sole discretion. We may change the subscription and commission fees at our sole discretion but we will give you advance notice of these changes.
We may terminate or suspend your account and your access to KayaCrafts.co.za at any time for any reason and without prior notice. You don’t have a contractual or legal right to continue to use the services at KayaCrafts.co.za after the termination of your account. KayaCrafts.co.za may refuse service to anyone, at any time, for any reason. If your account is terminated the information related to your account will be lost.
Listing and selling products
Sellers are solely responsible for the products and content in their shops. Your participation in KayaCrafts.co.za signify that you have all the necessary rights to your products and content in your shop and that you’re not violating any third party’s rights by listing it.
By using KayaCrafts.co.za sellers guarantee that the products that are on offer for sale in their shops are accurately described. The seller guarantees the condition of each product, and may not misrepresent a product to be sold in any way. A product may only be listed if it is available for sale. KayaCrafts.co.za reserves the right to remove content which is deemed unsuitable.
The transaction when purchasing a product shall be considered a legally binding contract between buyer and seller. KayaCrafts.co.za shall not be held legally responsible or be obliged to mediate the transaction or any consequential conflict between buyers and sellers.
The buyer will be responsible for paying for products purchased in accordance with the policies set by the seller. The seller is responsible for the safe delivery of the sale product(s).
The seller is responsible for shipping the product(s) to the buyer within 3 working days of purchase unless otherwise stated in the product description, store policy or unless agreed otherwise with the buyer via email communication.
Buyers and sellers are responsible for all communication, specification or customization requests and communication. Sellers are required to confirm customization via email for one of a kind or customized products to ensure a record of the request outside of the internal KayaCrafts.co.za systems.
All sellers are encouraged to create policies outlining the specific operating details for their shop. These policies should outline shipping and handling fees, accepted payment gateways and return policies. All individual shop policies must conform to the Terms and Conditions specified by KayaCrafts.co.za. The Terms and Conditions specified by KayaCrafts.co.za will overrule any individual shop policies in the event of a conflict arising.
Any seller who fails to send a product after receiving payment for it will be banned from KayaCrafts.co.za. Failure to respond to customer inquiries about undelivered or unsatisfactory orders within 3 business days will result in stores being disabled and the seller being banned from KayaCrafts.co.za. Affected buyers will be advised to take legal action against the seller to reclaim fees for outstanding purchases. Sellers are responsible for ensuring that their registered email address is up to date and is checked regularly.
Sellers must own or have the right to use all images uploaded to their shops. By posting images on KayaCrafts.co.za sellers permit the management and staff of KayaCrafts.co.za to use these images for promotional purposes and to edit images to enhance their visual appeal for promotional purposes.
Buyers and sellers should be aware of the risks involved when engaging in online transactions and that there might be users with the intent to commit fraud, make misrepresentations or operate under false pretenses.
KayaCrafts.co.za takes measures to verify the validity of users but can not and do not confirm the identity of all parties who make use of KayaCrafts.co.za. All users are urged to use common sense and to report suspicious behavior by contacting the management of KayaCrafts.co.za.
Resolution of disputes
Contact the staff of KayaCrafts.co.za if disputes arise between buyers and seller or between third parties. KayaCrafts.co.za will be considered free of any claims, damages or demands created by the dispute. KayaCrafts.co.za has no obligation to mediate disputes between users and other parties and urge users to use the proper legal channels to resolve disputes.
KayaCrafts.co.za do not allow products that are not consistent with their values, present a legal risk or may be harmful in any way. KayaCrafts.co.za will not permit the following products to be displayed in their shops and any products that are deemed inappropriate will be removed without notice and a seller’s account might be suspended or terminated.
Products that are commercially made.
Products that are resold.
Any product or service that violates the law in regard to manufacturing, distributing, advertising, or transporting of the product.
Firearms, fireworks, explosives and hazardous products.
Illegal drugs and alcohol.
Products gained from the harming of animals.
Stolen products or products not in your possession or products you don’t intend to deliver.
Harmful, harassing, intimidating or defamatory products.
Any product or service that KayaCrafts.co.za determines to be inappropriate, harmful, fraudulent, or illegal.
Your identity, usage and the rights of KayaCrafts.co.za
All identifying elements such as account names, usernames, domains and url’s are the property of KayaCrafts.co.za. KayaCrafts.co.za reserves the right to change such elements as the direction of business or the needs of the community evolve.
Subscriptions that are paid for but not used may not be resold or be used by someone who is not the registered account holder. Such actions are not permitted and may result in the termination of that account.
Disclaimer of guarantees
By accessing and using KayaCrafts.co.za you agree that:
Using KayaCrafts.co.za is at your own risk. The website and service are provided “as is” and there is no warranty or guarantee implied pertaining to availability, access or transaction.
KayaCrafts.co.za and its staff are in no way liable for the availability, accessibility, merchantability, marketability, performance, fitness or reliability of the KayaCrafts.co.za site and services on offer.