Website Terms of Service
1. Delivery of Goods and Timeframe
We are committed to ensuring the timely delivery of all purchased goods. Our shipping policy outlines the procedures and timeframes associated with the delivery of products ordered through our e-commerce website.
1.1 Order Processing Time
Upon placing an order, please allow for an initial processing time of 2 business days. During this period, our team will verify the order details, conduct quality checks, and prepare the items for shipment.
1.2 Estimated Delivery Times
Delivery times may vary depending on location, shipping method, and unforeseen circumstances (such as natural disasters or postal delays). We provide estimated delivery times during the checkout process for your reference. Please note that these are estimates, and actual delivery times may differ.
- Standard Shipping: Estimated delivery within 2 to 6 business days.
1.3 Tracking Information
Upon dispatch, we will provide you with a tracking number via email. You can use this number to monitor the status and progress of your shipment. If you encounter any tracking issues, feel free to contact our customer support team.
1.4 Shipping Charges
Shipping charges are calculated based on factors such as the package’s destination, weight, and dimensions. These charges will be clearly displayed during checkout, allowing you to review and confirm before completing your order.
1.5 International Shipping (Not Applicable)
At this time, we do not offer international shipping services. We currently only deliver to addresses within South Africa. We apologise for any inconvenience this may cause and appreciate your understanding.
1.6 Transfer of Risk
The risk of loss and damage to the goods shifts to the customer upon delivery. This means that once the products have been delivered to the specified shipping address, the responsibility for any potential loss or damage is transferred from Kyla to the customer.
1.7 Acceptance of Delivery
Upon receipt of the goods, the customer must thoroughly inspect the package for any visible signs of damage or tampering. If any such signs are present, it is imperative to make a note of it on the delivery receipt or refuse the delivery altogether. In either case, please immediately contact our customer support team to report the issue.
1.8 Non-Delivery
In the rare event that a package is delivered after the estimated timeframe and there is no indication of attempted delivery, it is the customer’s responsibility to notify us promptly. We will work diligently to resolve the matter and ensure the successful delivery of your order.
2. Payment Methods
We exclusively accept payments through two secure options:
- Credit Card (via SnapScan): We accept Visa and MasterCard payments securely through SnapScan. When you choose to pay by credit card, you acknowledge and agree to abide by the terms and conditions of SnapScan.
- SnapScan: For added convenience, you can also make payments directly using SnapScan. Simply scan the QR code provided during checkout using your SnapScan app to complete your purchase.
Please note that no other payment methods will be allowed.
By making a purchase through our website using any of these payment methods, you agree to abide by the terms and conditions set forth by SnapScan.
3. Warranties by a Customer
By placing an order, you warrant that any information provided to us is accurate and true. You further warrant that you are not impersonating any other person and that you are not violating any laws in making the purchase.
4. Unauthorised Use of the E-Commerce Website
Unauthorised utilisation of this website may result in legal action or criminal charges. You agree not to engage in any form of misuse or attempted misuse.
Users must refrain from posting objectionable or unlawful content on the website, engaging in spamming activities, employing unsolicited mass emailing techniques, introducing malicious software, or using our information for commercial purposes, among other prohibited actions.
5. Limitation of Liability
Your use of this website is undertaken entirely at your own risk. It is essential to acknowledge that we bear no liability for any use or conduct associated with your interaction on this platform.
Please be aware that any transactions or activities conducted on our website are done voluntarily and with a clear understanding of this inherent risk. Consequently, we shall not be held accountable for any direct or indirect damages, losses, or expenses incurred through your website utilisation.
6. Copyright
The content featured on this website, including but not limited to images, logos, designs, text, graphics, and product listings, is either owned by Kyla or used under appropriate licenses. This material is protected by copyright law and other intellectual property rights.
6.1 Images and Logos
All images and logos displayed on this website are either the exclusive property of Kyla or used under licenses acquired from the rightful owners. Unauthorised reproduction, distribution, or use of these images and logos is strictly prohibited. This includes but is not limited to, copying, downloading, or using them for any commercial purpose without prior written consent from Kyla.
6.2 Products Sold on the Website
The products listed on this website are crafted by Kyla or sourced from trusted suppliers and artisans. They are presented on this platform to showcase their quality, design, and craftsmanship.
6.3 Prohibited Actions
Any attempt to reproduce, distribute, or use the images, logos, or product listings on this website for commercial purposes without prior written consent from Kyla is strictly prohibited. This includes but is not limited to, using them in advertisements, promotional materials, or any form of resale.
6.4 Reporting Copyright Violations
If you believe any content on this website infringes upon your copyright or intellectual property rights, please promptly contact us with detailed information. We will investigate the matter and take appropriate action in accordance with applicable laws.
6.5 Permission for Personal Use
Customers are granted permission to use images of products for personal reference and consideration during the purchasing process. However, any other use, including the reproduction or distribution of such photos, is strictly prohibited.
7. Prohibition on Reverse Engineering of the Website
You agree not to decompile, reverse engineer, or disassemble any software, products, or processes accessible through our website. This includes, but is not limited to, the source code underlying the website.
7.1 Intellectual Property Rights
All intellectual property rights associated with the website, including but not limited to patents, copyrights, trademarks, and trade secrets, remain the exclusive property of Kyla. Unauthorised reproduction, distribution, or use of any part of the source code or other proprietary information is strictly prohibited.
7.2 Non-Disclosure
You agree to treat all source code and intellectual property associated with the website as confidential and proprietary information. You shall not disclose, reproduce, or use this information for any purpose other than in connection with your use of the website.
8. Breach Provisions
In the unfortunate event of a breach of these Terms of Service, it is essential to outline the actions that Kyla may take. A breach refers to a violation or non-compliance with any of the terms and conditions specified herein.
8.1 Notification
Upon discovering a breach, Kyla will provide written notice to the party in breach. This notification will include details of the specific terms violated and may also outline any corrective actions that need to be taken.
8.2 Remedies
Depending on the nature and severity of the breach, Kyla reserves the right to pursue various legal and equitable remedies. These remedies may include, but are not limited to:
- Suspension of Services: Kyla may temporarily suspend access to certain services or functionalities of the website until the breach is rectified.
- Termination of Account: In cases of severe or repeated breaches, Kyla may opt to terminate the user’s account, effectively ending their access to the website.
- Legal Action: Kyla may initiate legal proceedings to seek damages or injunctive relief in cases where the breach has caused significant harm or loss.
8.3 Costs and Damages
The party found in breach may be held responsible for any costs incurred by Kyla due to the breach, including legal fees and expenses related to rectification.
8.4 Right to Cure
In some cases, Kyla may offer the party in breach an opportunity to rectify the situation within a specified timeframe. This “right to cure” provision allows the party to take corrective measures before further action is taken.
8.5 Dispute Resolution
Any dispute arising from a breach and the subsequent actions taken will be subject to the dispute resolution process outlined in section 9 of these Terms of Service.
9. Dispute Resolution
If a dispute arises out of the use of this website or related services, it is imperative to establish a clear process for resolution. Disputes may encompass a range of issues, including but not limited to disagreements over orders, payments, or the interpretation of these Terms of Service.
9.1 Initial Communication
The first step in the dispute resolution process is open and constructive communication between the involved parties. Both the customer and Kyla should make a sincere effort to understand each other’s perspectives and work towards a mutually agreeable solution.
9.2 Mediation
If direct communication does not lead to a resolution, the parties may consider engaging in mediation. Mediation involves a neutral third party who facilitates discussions and helps the parties find common ground. While the mediator may provide guidance, the parties involved ultimately determine any agreement reached.
9.3 Arbitration
In the event that mediation is unsuccessful, arbitration may be pursued as the next step. Arbitration is a more formal process where an impartial arbitrator reviews the dispute and renders a binding decision. This decision is legally binding and enforceable.
9.4 Litigation
If all previous attempts at resolution prove fruitless, the parties may choose to pursue litigation. This involves presenting the dispute in a court of law, where a judge will make a final determination based on the evidence and arguments presented.
9.5 Governing Law and Jurisdiction
It is essential to establish the applicable laws and jurisdiction that will govern the dispute resolution process. In this case, disputes will be subject to the laws of South Africa. Any legal proceedings arising from the dispute will occur in South Africa’s courts.
9.6 Costs
The costs associated with dispute resolution, including but not limited to legal fees, mediation or arbitration fees, and court costs, will be borne by the respective parties as determined by the outcome of the resolution process.
10 Handmade Earrings Disclaimer
10.1 Unique Craftsmanship:
We take pride in the craftsmanship of our handmade earrings. Each piece is meticulously crafted, resulting in a unique and one-of-a-kind product.
10.2 Differences in Color and Size:
Due to the nature of handmade items, no two earrings will look exactly the same. Variations in colour, size, and minor imperfections are inherent characteristics of handmade products and contribute to their individuality.
10.3 Appreciating Uniqueness:
We encourage our customers to appreciate the individuality and uniqueness of each handmade earring. The slight differences are a testament to our products’ artisanal craftsmanship and authenticity.
By purchasing handmade earrings from Kyla, you acknowledge and accept these inherent variations as part of the charm and character of the artisanal process.