Terms and Conditions
Kay’s Antiques Terms and Conditions
1.1. This website can be accessed at www.kaysantiques.co.za, (the “Website”) and is owned and operated by Kay’s Antiques (“Kay’s Antiques”, “we”, “us” and “our”).
1.2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Products, and the use of the Website.
1.3. 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.
1.4. The Website enables you to shop online for our Products (“Products”).
2. Important Notice
2.1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA“).
2.2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which
- may limit the risk or liability of Kay’s Antiques or a third party; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify Kay’s Antiques or a third party; and/or
- serves as an acknowledgement, by the user, of a fact.
2.3. 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 Kay’s Antiques to explain it to you before you accept the Terms and Conditions or continue using the Website.
2.4. 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 Kay’s Antiques in terms of the CPA.
2.5. Kay’s Antiques permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions
2.6. These Terms and Conditions are divided into three sections, as follows:
- Returns Policy;
- Shipping Policy
- General Legal Terms.
- Please refer to our Returns Policy for more information about returning Products (and related replacements). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
4. Registration and use of the website
- Only registered users may order Products on the Website.
- To register as a user, you must provide a unique username and password and provide certain information and personal details to Kay’s Antiques. You will need to use your unique username and password to access the Website in order to purchase Products.
- You agree and warrant that your username and password shall:
- be used for personal use only; and
- not be disclosed by you to any third party.
- For security purposes you agree to enter the correct username and password whenever ordering Products, failing which you will be denied access.
- You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
- You agree to notify Kay’s Antiques immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
- 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 instrument 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 device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Kay’s Antiques 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 authorised Kay’s Antiques representative.
5. Conclusion of sales and availability of stock
5.1. Registered users may place orders for Products, which Kay’s Antiques may accept or reject. Whether or not Kay’s Antiques accepts an order depends on the availability of Products, correctness of the information relating to the Products (including without limitation the price) and receipt of payment or payment authorisation by Kay’s Antiques for the Products.
5.2. NOTE: Kay’s Antiques will indicate the acceptance of your order by delivering the Products to you or allowing you to collect them, and only at that point will an agreement of sale between you and Kay’s Antiques come into effect (the “Sale”). This is regardless of any communication from Kay’s Antiques stating that your order or payment has been confirmed. Kay’s Antiques will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
5.3. Placing Products in a shopping basket without completing the purchase cycle does not constitute an order for such Products, and as such, Products 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 Kay’s Antiques liable if such Products 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.
5.4. You acknowledge that stock of all Products on offer is limited and that pricing may change at any time without notice to you. In the case of Products for sale by Kay’s Antiques, Kay’s Antiques 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 Products are no longer available after placing an order, Kay’s Antiques will notify you and you will be entitled to a refund of the amount paid by you for such Products.
6.1.1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
6.1.2. Payment can be made for Products via –
18.104.22.168. debit card;
22.214.171.124. credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Products will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Products. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
126.96.36.199. direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 2 (Two) hours of placing your order. Kay’s Antiques will not accept your order if payment has not been received;
7. Delivery of Products
7.1. Kay’s Antiques offers delivery of the Products to you.
7.2. Please see details of our delivery and shipping terms and conditions in our FAQ’s: and shipping policy.
8.1.1. Vouchers that are purchased by registered users are valid for 3 years after Sale. If your Voucher has not been used within that period, it will expire.
8.1.2. Vouchers cannot be used to buy other Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
8.1.3. Kay’s Antiques is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Voucher, after it has delivered the Voucher to you or the email address nominated by you.
9. Changes to these Terms and Conditions
9.1. Kay’s Antiques may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
9.2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
10. Electronic communications
10.2. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are the property of Kay’s Antiques, its advertisers and/or sponsors.
10.3. You will not acquire any right, title or interest in or to the Website or the Website Content.
10.4. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. Where any of the Website Content has been licensed to Kay’s Antiques or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
11.1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
11.2. Whilst Kay’s Antiques takes reasonable measures to ensure that the content of the Website is accurate and complete, Kay’s Antiques makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Kay’s Antiques representatives, Kay’s Antiques shall not be bound thereby.
11.3. Kay’s Antiques disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
11.4. The Website and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
11.5. Any views or statements made or expressed on the Website are not necessarily the views of Kay’s Antiques, its directors, employees and/or agents.
11.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Kay’s Antiques also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Kay’s Antiques, its employees, agents or authorised representatives. Kay’s Antiques thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
12. Linking to third party websites
12.1. This Website may contain links or references to other websites (“Third Party Websites“) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Kay’s Antiques is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
12.2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
13. Limitation of liability
13.1. Kay’s Antiques cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Kay’s Antiques, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to admin@Kaysantiques.co.za.
13.2. KAY’S ANTIQUES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
13.3. YOU HEREBY INDEMNIFY KAY’S ANTIQUES AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.
14. Availability and termination
14.1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
14.2. Kay’s Antiques may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Kay’s Antiques will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
14.3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Products, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
14.4. Kay’s Antiques is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Kay’s Antiques to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Kay’s Antiques, in whole or in part, on notice to you. Kay’s Antiques shall only be liable to refund monies already paid by you (see Kay’s Antiques Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
14.5. At any time, you can choose to stop using the Website, with or without notice to Kay’s Antiques.
15. Governing law and jurisdiction
15.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
15.2. In the event of any dispute arising between you and Kay’s Antiques, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Witwatersrand Local Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
15.3. Nothing in this clause 16 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
16.1. Kay’s Antiques hereby selects Ground Floor, Cavendish Square, Claremont, Cape Town as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Kay’s Antiques may change this address from time to time by updating these Terms and Conditions.
16.2. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Kay’s Antiques not less than 7 days’ notice in writing.
16.3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
16.3.1. by hand will be deemed to have been received on the date of delivery.
16.3.2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting.
16.3.3. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
17.1. For the purposes of the ECT Act, Kay’s Antiques information is as follows, which should be read in conjunction with its Products descriptions and other terms and conditions contained on the Website:
- Full name: Kay’s Antiques, a sole proprietor business
- Main business: Retailer of antique and modern jewellery and silverware
- Physical address for receipt of legal service (also postal and street address):
Ground Floor, Cavendish Square, Claremont, Cape Town
- Office bearer: Nicolette Smit
- Phone number: +2779 525 0338
- Official email address: firstname.lastname@example.org