INTRODUCTION
These Terms are binding on all persons who access the Website without qualification or exception. By entering the Website or ordering products from the Merchant, the Customer agrees to be bound by and shall be deemed to have accepted these Terms, which the Customer acknowledges to have read and understood. If the Customer does not agree to any of the Terms, the Customer should not enter, view or make use of the Website.
DEFINITIONS
Unless the context indicates otherwise, the words and expressions below shall bear the following meanings and similar expressions shall bear corresponding meanings:
"Business Day" shall mean any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa;
"Customer" shall mean the user of the Website in terms of these Terms;
"Intellectual Property" shall mean all intellectual property subsisting in, pertaining to or used on the Website including, without limitation, patents, inventions, copyright, trade marks, goodwill and/or trade secrets;
"Merchant" shall mean Ananse Internet Group, Mauritius (Registration number 106712) trading as Kisua, a company incorporated in accordance with the laws of Mauritius;
"Parties" shall mean the Customer and the Merchant and "Party" shall, as the context requires, be a reference to any one of them; and
"Terms" shall mean these terms and conditions;
"Website" shall mean the website located at www.kisua.com and includes any part or element thereof.
PLACING AN ORDER
Only persons aged 18 years and over, who are legally entitled to do so, are permitted to place orders on the Website.
The Merchant will only accept orders from and ship goods to the countries specified on the Website from time to time. If shipping options are not available for a country, it means we are not able to ship to that country.
Before proceeding to finalise any order the Customer will be given an opportunity to review and, if required, correct the contents of the Customer's order as well as any information or addresses provided. Upon finalising this process, notification thereof will be sent to the Merchant and the Customer's order will only be deemed to be accepted once the Merchant has processed such order and sent the Customer a confirmatory email.
The products described or graphically represented on the Website may differ in colour, shape, form, design, contents and appearance from the final product delivered.
PRICES
The products and prices stated on the Website are only valid while stocks last. All prices shall only apply during the validity period stated on the Website. The Merchant will in no way be held liable to provide a product at an expired price or where the product concerned is no longer in stock or available.
All prices quoted on the Website are listed in United States Dollars (USD), Euros (EUR) or Pound Sterling (GBP). If the Customer pays in any currency other than USD, Euros (EUR) or GBP, the exchange rate used by the Customer's bankers will be applicable. Unless otherwise stated, prices are inclusive of US and UK taxes but exclusive of delivery charges. The Customer shall pay all customs fees, taxes, duties and the costs of returning any goods to the Merchant.
Delivery charges, fees and other related costs will be quoted and added to the total amount owing during the order process.
Under no circumstances will the Merchant be held liable to provide a product which is out of stock or at an outdated or expired price.
PAYMENT
Payments can be made by credit card, but the Merchant only accepts the following credit cards: Visa, MasterCard, Diners Club International and American Express.
The Merchant employs SSL encryption technology to ensure the security of the Customer's information and transactions.
To the extent permitted by law, the Merchant shall not be liable to the Customer for damage or loss suffered or incurred by the Customer relating to the actions or omissions of third party payment gateways.
Notwithstanding any other clause contained in these Terms, the Merchant shall have no duty to deliver any product until the Customer's payment has been cleared by the relevant bank and has been credit and becomes available in the Merchant's bank account.
The Customer's Order will be cancelled immediately where payment by credit card is not processed by the relevant bank and credited to the Merchant' bank account within 48 (forty eight) hours. Within the time of placement of such order, the Merchant shall send a notification of such cancellation to the Customer via email to the address provided by the Customer when the Customer registered on the Website.
DELIVERY
Orders will only be shipped once the Merchant has received full payment of the full, cleared purchase price for the goods and all charges and costs relating to the products.
The Customer has the option to select standard and 1-working day for domestic US and UK shipping and, Economy, Standard, Express and Super Express for international shipping. Free standard shipping in the US and UK is available on orders that exceed the amounts specified on the Website from time to time. Free US delivery is limited to the 48 contiguous of the United States and excludes international addresses, shipping addresses in Hawaii, Alaska, APO/FPO, PO Boxes and US Territories.
For more information regarding delivery costs and periods, please contact a KISUA Care representative via live chat on the website or email care@kisua.com.
Unless otherwise agreed or stipulated in the Customer's order or on the Website, the Customer's order will be delivered by the courier company specified by the Merchant, to the address provided by the Customer during the order process. The Customer must ensure that someone will be available at the delivery address during Business Hours (between 08:00 and 17:00 on Business Days) in order to receive delivery of the products. The Customer will be responsible for any additional fees that may be charged by the courier if no one was available to receive delivery of the order at the address specified by the Customer.
The Merchant will make an effort to ensure that delivery takes place within the time period specified on the Website in relation to the Customer's order. However, the size and quantity of an order as well as the distance between the Merchant and the delivery address provided, amongst other circumstances, may require a longer period for delivery. The Customer will be notified from time to time of any anticipated delays with delivery and, in such circumstances, the updated delivery time will substitute and take preference over the delivery time stipulated in the confirmatory email or reflected on the Merchant' invoice.
The Customer acknowledges that the Merchant shall rely on the accuracy of the delivery address as provided by the Customer. The Merchant does not verify the accuracy of any particulars of a delivery address provided by the Customer. The Customer shall check the accuracy of the delivery address every time when placing an order. The Merchant shall not be liable for any costs, loss, damages or claims incurred by the Customer relating to an inaccurate or incorrect delivery address provided by the Customer.
Ownership of products ordered will pass to the Customer upon the Merchant receiving full payment for such products. Risk in respect of ordered products will pass to the Customer once they have been collected from the Merchant's premises by the relevant courier. However, orders are covered by the courier's insurance, subject to the terms and conditions of such insurance.
CANCELLATION AND RETURNS
The Customer is entitled to cancel an order within 14 (fourteen) days after receiving delivery thereof, provided that the product is in its original condition, unworn, unwashed and all packaging, labels and swing tags remain intact. The Customer will be responsible for all costs, fees and charges relating to return of the products to the Merchant. The Merchant reserves the right to charge an administration fee in respect of cancelled orders and goods that are returned to it.
If a product is returned in terms of the above paragraph, the Merchant will, following receipt and examination of such product, reimburse the Customer with the purchase price paid by the Customer for the product, excluding any applicable delivery costs and/or charges. The Merchant will not reimburse any shipping charges relating to the order. The Merchant may also issue credits for returned goods. Credits will be provided in the currency of the Customer's original purchase. If credits are issued in respect of a return, the return will not be subject to the Merchant's returns administration fee.
Despite the provisions above, the Customer shall not be entitled to return underwear, swimsuits, body suits, hair accessories and items that are on sale.
Any product returned must be accompanied with the Customer's proof of payment in respect of such product. The product must be returned via courier to the address specified by the Merchant from time to time.
No provision stated in these Terms regarding the Merchant's cancellation and returns policy will affect or be interpreted to deny the Customer any of the Customer's unalterable statutory rights.
Items on sale are non-returnable.
GIFT CARDS
The Merchant may from time to time sell gift cards or issue promotional vouchers. In order make use of a gift card; the Customer must convert the gift card into store credit.
Gift cards expire within 3 (three) years after date of issue.
Unless provided for by law, gift cards may not be transferred, resold or exchanged for cash.
The risk of loss of a gift cards will pass to the Customer upon the gift card being issued. The Merchant will not be liable for any loss or destruction of or damage to any gift card. The Customer must take all necessary steps to safeguard gift card details.
INVITE-A-FRIEND PROMOTION
The KISUA Invite-A-Friend promotion is valid until Monday, June 30, 2014.
The invited party must not have a KISUA.com account prior to the invitation being sent
The invited party must make their first purchase on KISUA.com via the referral email which will be sent from KISUA on behalf of the inviting party. The invited party will have 30 days to use the promotional store credit from KISUA on any order excluding any taxes, shipping or other fees.
Returns will not attract any invitation credits.
Invitation credits are for a one-time, once-off use. Are non-refundable, non-transferrable and may not be redeemed for cash or gift cards.
Invitation credits earned by the inviting party would be credited to their KISUA account 30 days after their friend makes their first purchase.
These terms and conditions and the Invite-a-Friend promotion are subject to revision or termination without prejudice to KISUA.
PRODUCT WARRANTIES AND LIABILITY
To the fullest extent permitted by law:
the Merchant makes no warranties or representations in respect of products sold to Customers;
the Merchant shall not be liable for any damages, injury, loss, cost or expense suffered or incurred by Customers as a result of products sold by the Merchant; and
the Customer indemnifies and holds the Merchant, its officers, employees, agents and contractors harmless against all claims, liability, injury, losses, costs, expenses and penalties arising from or related to the products sold by the Merchant or the use of such products.
LIABILITIES REGARDING USE OF THE WEBSITE
The Customer makes use of this Website at his own risk.
The Website and all information, content, materials and services included or otherwise made available to the Customer therein are provided on an "as is" and an "as available" basis. the Merchant makes no warranties or representations of any kind, express or implied, as to the operation of this Website or the available information, content, materials or services included on or otherwise made available to the Customer.
To the extent permitted by law, the liability of the Merchant for losses suffered as a result of any breach of these Terms shall be strictly limited to the purchase price of the product or products purchased by any Customer.
Notwithstanding anything to the contrary contained in these Terms, the Merchant shall have no liability for any loss, damage, cost, claim or penalty of whatsoever nature including, but not limited to, indirect and consequential loss or damage and loss of profits, however arising out of or in connection with these Terms or the Website, whether caused by latent or patent defects in the Website, the use of the Website and/or information contained on the Website or otherwise.
The Customer assumes all responsibility and risk for the use of the Website. The Customer hereby indemnifies the Merchant and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of any nature whatsoever suffered by him or any third party in relation to any act or omission by the Customer or, where applicable, the Customer's shareholders, members, directors, officers, employees, representatives, agents or assigns or any third party in relation to the Website and the use thereof by the Customer, and/or arising from the provisions of these Terms.
The Merchant will not be held liable for any delay, failure, breach or non-compliance with its obligations under these Terms if such delay, failure, breach or non-compliance is beyond the reasonable control of the Merchant.
These Terms do not intend to, nor shall they be interpreted to, limit the liability of the Merchant in any way which would be illegal for the Merchant to exclude or attempt to exclude or where such exclusion is prohibited by applicable law.
WEBSITE USE
The Customer may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Website's contents without the prior written consent of the Merchant.
The Merchant reserves the right to make any changes to the Website, its content and/or services offered through the Website at any time and without prior notice.
Content published on the Website reflects the views of the author and does not necessarily constitute the official opinion of the Merchant unless otherwise stated.
The Website may contain links to other websites. the Merchant has no control over such websites, does not review their content and will not be liable for their content or accuracy. The Customer accesses such websites at the Customer's own risk and discretion.
The Customer may not link to this Website without the Merchant's prior consent.
If the Customer commits any breach of these Terms or in any other way interacts with or uses the Website in an unlawful or unauthorised manner, the Merchant shall be entitled, in its sole and absolute discretion, to terminate the Customer's access to the Website immediately, without prior notice, without any liability on the Merchant's part and without prejudice to the Merchant's rights in terms of these Terms or at law.
The Merchant is hereby indemnified from and against any and all loss by any person which results from a breach of these representations or warranties.
PASSWORDS
If the Customer chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of the Website's security systems, such Customer must keep this information secret and confidential and must not permit anyone else to use it. The Customer shall be responsible for all access to the Website with the Customer's username and password. When the Customer's username and password have been used in order to gain access to the Website, the Merchant shall be entitled to assume that such use and all related communications emanate from the Customer. The Merchant shall not be liable for any loss or damage arising from unauthorised use of the Customer's identification information.
In the event that the Customer becomes aware of a breach of the confidentiality of the Customer's username and password, the Customer must immediately communicate this to the Merchant with subsequent confirmation in writing. The compromised username and password will be deactivated as soon as reasonably possible and a new username and password will be issued to the Customer. The Merchant may, in its sole and absolute discretion and for any reason whatsoever, require the Customer to change his username and password at any time.
DISCLAIMER
Any commentary, advice, information, suggestions, opinions, answers or any other information posted on the Website is not intended to nor shall it be interpreted to amount to advice on which reliance should be placed and are posted merely for guidance purposes only. The Customer makes use of any such information at his own risk and in his own discretion and disclaims and indemnifies the Merchant from and against any and all liability and responsibility arising from any reliance placed on such information whether posted on the Website or by any other person visiting the Website.
Although every effort will be made to have this Website available at all times, the Website may become unavailable due to maintenance or repairs, loss of connectivity or some other form of interruption. The Merchant does not warrant against nor will it be held liable for such downtime and is hereby indemnified from any loss, damage, claims, costs or penalties incurred as a result of such unavailability.
PROPRIETARY RIGHTS
The Website is owned by the Merchant and the Customer acknowledges that the Merchant and/or its licensors are the proprietors of any and all Intellectual Property associated with, related to or appearing on the Website.
The content of the Website is protected by South African and international law. The owners of such content reserve all such rights therein unless provided otherwise in these Terms.
The Customer may not use or copy any of the Intellectual Property or any other intellectual property, content or material on the Website without the Merchant's prior written consent.
MALICIOUS SOFTWARE
The Customer shall not infect the Website with viruses, worms, trojan horses or any other code that has malicious, contaminating or destructive properties nor shall the Customer damage, interfere with or intercept any data or information contained on the Website.
Although the Merchant and its representatives will use reasonable efforts to ensure that no malicious content can be received from the Website, the Merchant does not warrant that the Website is free of malicious content or viruses and the Merchant will not be held liable for any loss resulting from a distributed denial-of-service attack, or any malicious content which may infect any Customer's computer or device, computer equipment, data or any other propriety material where such loss is or may be attributed to the Customer's use of the Website or downloads received from the Website.
The Customer warrants that he will not use the Website in any manner that will break any law or cause any annoyance, unnecessary anxiety or inconvenience to any person.
ADDRESSES
Each Party chooses the addresses set out opposite its name below as its addresses to which all notices and other communications must be delivered for the purposes of these Terms and its domicilium citandi et executandi ("Domicilium") at which all documents in legal proceedings in connection with this Agreement must be served:
The Merchant: As specified in the Definitions section above.
The Customer: As per the address supplied when the Customer registered as a user of the Website.
Any Party may by written notice to the other Parties, change its chosen address, telefax number or e-mail address to another address, telefax number or e-mail address.
GENERAL
If at any time there is a failure by the Merchant to insist on strict performance of any of the Customer's obligations under these Terms and related contracts, this shall not be construed to be a waiver of such rights and shall not relieve the Customer from compliance with such obligations. A waiver of any one default is not to be interpreted as a condonation of any other or further defaults.
The Merchant reserves the right to amend or delete any part of the Website or these Terms at any time and without prior notice. The Customer warrants that he will review the Terms on a continual basis and remain up-to-date in respect of any changes. By continuing to access the website or ordering products from the Merchant, the Customer agrees all updated versions of these Terms.
Any and all communications between the Parties, whether legal or merely for notification purposes, correspondence or for any other reason will only satisfy any legal requirement if it is reduced to writing whether electronic or otherwise.
GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of England and Wales. The Parties agree to the jurisdiction of the courts of England and Wales in regard to all matters arising from these Terms.
DISCLOSURE OF INFORMATION
The Merchant discloses the following information:
Full name and legal status: Ananse Internet Group, Mauritius, a company incorporated in accordance with the laws of Mauritius.
Postal address: Rivercourt, St Denis Street, Port Louis, Mauritius.
Website address: www.kisua.com
E-mail address: care@kisua.com
Registration number: 106712.
Place of registration: Mauritius.
Main description of products sold: Clothing and fashion accessories.
