E-Commerce & Privacy

The Website, https://kiashop.co.za/, offers Kia merchandise for sale online. The use of any products or services purchased through the Website is at the User's own risk. To the fullest extent permitted by law, the User indemnifies and holds the Provider harmless against any loss, injury, damage, or liability arising from the use of products purchased through the Website, except where such loss, injury, damage, or liability results from the negligence of the Provider or any liability that cannot be excluded by law.

The personal information required to process orders placed through the Website, including the User's personal details, delivery address, contact telephone number, and payment information, will be treated as strictly confidential by the Provider and will not be sold or disclosed to third parties, except where necessary to fulfil the order or where required by law. The Provider will process all personal information in accordance with the provisions of the Protection of Personal Information Act, 4 of 2013 ("POPIA"), as amended from time to time. Only the information necessary to complete the delivery, such as the delivery address and contact telephone number, will be shared with the Provider's delivery partners. Credit card or payment details are not stored by the Provider under any circumstances.

The Provider cannot be held responsible for any security breaches that occur on the User's electronic device, including a personal computer, mobile phone, or any other device used to access the Website, where such breaches result from inadequate security measures on the User's device, including the absence of antivirus software, malware protection, or the installation of malicious software.

The Provider will ensure that all goods are supplied to the appointed delivery service in good condition. Risk in the goods will pass to the User upon delivery to the delivery address provided by the User. While the Provider cannot be held liable for loss of or damage to goods occurring during transit once they are in the possession of the delivery service, the Provider undertakes to take all reasonable technical and organisational measures to protect the security and integrity of the Website and its online store content under its control.

Online Payment

Peach Payment Gateway: All online credit card payments are processed by the Peach Payment Gateway. Cardholders may go to peachpayments.com to view the Peach Payment security policy.

Refund and Return Policy

The supply of goods and services by Kia Shop is subject to availability. In the event that an item is unavailable after an order has been placed, Kia Shop will notify the User and refund any amounts paid in full within 30 days.

Should the User cancel an order after it has been placed, Kia Shop reserves the right to charge a cancellation fee of up to 10% of the order value to cover reasonable administration costs, where permitted by applicable law.

Kia Shop reserves the right to cancel any order for which payment has already been received. This may occur where stock is unavailable, pricing or product information is incorrect, or the goods do not meet Kia Shop's quality standards. If Kia Shop cancels an order, the User will receive a full refund of all amounts paid, with no deductions.

Any complaints relating to the quality or condition of products purchased through the Website should be directed to the Kia Shop Customer Support Team using the contact details provided on the Website.

Where a User has ordered the incorrect garment, size, colour, or product, the User will be responsible for all courier and associated shipping costs incurred in returning the item and delivering the replacement item, provided the product is eligible for exchange in accordance with Kia Shop's Returns and Exchange Policy.

Copyright and Intellectual Property Rights

Kia Shop reserves the right to amend, modify, add to, or remove portions of these Terms and Conditions at any time. Any changes will become effective upon publication on the Website, unless otherwise stated. It is the User's responsibility to review these Terms and Conditions periodically to remain informed of any updates. Continued use of the Website after any changes have been published constitutes the User's acceptance of the revised Terms and Conditions.

Where a material amendment is made to these Terms and Conditions after an order has been placed but before it has been fulfilled, the amended Terms and Conditions will apply only from their effective date and will not apply retrospectively, unless the amendment is required by law or is to the benefit of the User.

Kia Shop publishes information, content, and materials on the Website for the benefit of its Users. The content made available on the Website, whether provided by Kia Shop, its affiliates, licensors, or other third-party content owners, includes, but is not limited to, text, images, graphics, logos, artwork, audio, video, software, databases, product descriptions, and other intellectual property (collectively, the "Content").

Unless otherwise indicated, all rights, title, and interest in the Content, including its compilation, are owned by or licensed to Kia Shop, its affiliates, or the relevant third-party rights holders ("the Owners"). The Content is protected by applicable South African and international intellectual property laws, including copyright, trade mark, and other proprietary rights.

Kia Shop reserves the right to modify the Website, the Content, and any products or services offered through the Website at any time and without prior notice.

Except as expressly provided in these Terms and Conditions, no licence, right, title, or interest in any copyright, trade mark, patent, design, or other intellectual property rights is granted to the User. All such rights remain reserved by the respective Owners.

Limitation of liability

The Website and all Content made available on the Website, including any current or future products or services offered, are provided on an "as is" and "as available" basis. While Kia Shop takes reasonable steps to ensure that the information on the Website is accurate and up to date, the Website and its Content may contain inaccuracies, typographical errors, or omissions. Kia Shop makes no warranties or representations, whether express or implied, regarding the availability, accuracy, reliability, completeness, or suitability of the Website or its Content.

To the fullest extent permitted by applicable law, Kia Shop, its holding company, affiliates, subsidiaries, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunities arising from or in connection with the use of, or inability to use, the Website, its Content, any functionality thereof, or any linked third-party websites, even if Kia Shop has been advised of the possibility of such damages.

Nothing in these Terms and Conditions excludes or limits Kia Shop's liability for any direct loss or damage arising from its negligence, wilful misconduct, fraud, or any other liability that cannot lawfully be excluded or limited under applicable South African law.

Privacy

Choice of Law and General Provisions

Users may visit the Website on a casual basis without providing any personal information. In such instances, the Website servers may automatically collect certain technical information, including the User’s IP address, but not the User’s email address or other directly identifiable personal information. This information is aggregated for statistical purposes, such as measuring the number of visits, average session duration, pages viewed, and related usage patterns. Kia Shop uses this information to analyse Website performance and improve its Content and user experience. Unless otherwise required by law, Kia Shop assumes no obligation to protect such aggregated, non-personal data and may use, copy, or distribute it without restriction.

This Website is controlled, operated, and administered by Kia Shop from within the Republic of South Africa. Access to the Website from jurisdictions where the Content or the purchase of products offered on the Website is illegal is prohibited. Users may not use the Website in violation of any applicable South African export control laws or regulations. Users accessing the Website from outside South Africa are responsible for ensuring compliance with all applicable local laws.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. The User hereby consents to the jurisdiction of the High Court of South Africa (Witwatersrand Local Division) in respect of any dispute arising out of or in connection with these Terms and Conditions.

If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be severed or enforced to the maximum extent permissible so as to give effect to the original intent of the provision, and the remaining provisions shall continue in full force and effect.

These Terms and Conditions constitute the entire agreement between Kia Shop and the User in relation to the use of the Website and its Content and supersede any prior agreements or understandings, whether written or oral.