Terms and Conditions
1. Introduction
1.1. This website, accessible at ktsaonline.co.za, together with any related mobile sites and software applications (collectively, the “Website”), is owned and operated by KTSA (“KTSA”, “we”, “us” or “our”).
1.2. These Website Terms and Conditions (“Terms”) govern your access to and use of the Website and the ordering, sale and delivery of goods made available through the Website.
1.3. These Terms are binding on every person who accesses or uses the Website (“you”, “your” or “user”), including every registered user. By accessing or using the Website, registering an account, or placing an order, you acknowledge that you have read, understood and agreed to these Terms.
1.4. The Website enables users to shop online for goods that may include vehicle mats, seat covers, dash protectors, transmission covers, spare-wheel covers, vehicle accessories and overland lifestyle accessories (“Goods”).
2. Important notice
2.1. These Terms apply to users who are consumers for purposes of the Consumer Protection Act 68 of 2008 (“CPA”) of the Republic of South Africa.
2.2. These Terms contain provisions that may:
2.2.1. limit the risk or liability of KTSA;
2.2.2. create risk or liability for you;
2.2.3. require you to indemnify KTSA; or
2.2.4. constitute an acknowledgement of a fact by you.
2.3. You should read these Terms carefully. If you do not understand any provision, please ask KTSA to explain it before accepting these Terms or continuing to use the Website.
2.4. Nothing in these Terms is intended to unlawfully restrict, limit or avoid any right or obligation arising under the CPA or any other applicable law.
2.5. If you do not agree to these Terms, you must not use the Website or place an order through it.
2.6. Our Returns Policy and Privacy Policy are incorporated into these Terms by reference and form part of the agreement between you and KTSA.
Part A – Orders and sales
3. Registration and use of the Website
3.1. Where registration is required to place an order, you must provide accurate, current and complete information and keep that information updated.
3.2. You are responsible for keeping your username and password confidential and must not disclose your login credentials to any third party.
3.3. You must enter the correct login credentials when placing an order. We may deny access where the credentials entered are incorrect.
3.4. You must notify KTSA promptly if you become aware of or suspect unauthorised use of your account or login credentials and must take reasonable steps to limit any resulting loss or harm.
3.5. You are responsible for activity conducted through your account, except to the extent that the activity results from KTSA’s act or omission, or where applicable law provides otherwise.
4. Returns
4.1. Please refer to our Returns Policy for information about order cancellations, returns, refunds and replacements.
4.2. Nothing in the Returns Policy or these Terms limits any right or remedy available to you under the CPA or other applicable law.
Part B – Privacy
5. Privacy Policy
5.1. Our collection, use, storage and protection of personal information are governed by our Privacy Policy and applicable data-protection law, including the Protection of Personal Information Act 4 of 2013 (“POPIA”).
Part C – General legal terms
6. Changes to these Terms
6.1. KTSA may amend these Terms from time to time. Any amended Terms will apply from the date on which they are published on the Website, unless a later effective date is stated.
6.2. Changes will not retrospectively alter the terms applicable to an order already accepted by KTSA, unless required by law or agreed with you.
6.3. If you do not agree to amended Terms, you must stop using the Website and must not place further orders.
7. Ownership and copyright
7.1. The contents of the Website, including its text, data, software, graphics, photographs, logos, trademarks and designs (“Website Content”), are protected by applicable intellectual-property laws.
7.2. Website Content is owned by KTSA or its licensors, advertisers or sponsors, as applicable.
7.3. You may not reproduce, distribute, modify, publish or otherwise use Website Content without the prior written permission of the relevant rights holder, except where permitted by law.
8. Photographs and advertising of branded mats
8.1. Unless you expressly ask us in writing not to do so, KTSA may photograph or record mats that we manufacture, customise, brand or supply to you and may use those photographs or recordings for lawful business, portfolio, promotional and advertising purposes, including on our Website and social-media channels.
8.2. You may opt out at any time by emailing sales@ktsaonline.co.za. If reasonably possible, please notify us before the Goods are manufactured, photographed, recorded or delivered. An opt-out will apply to new promotional use after we receive and process your request, but may not require the recall of printed material already produced or the removal of material that cannot reasonably be withdrawn.
8.3. This clause does not give KTSA permission to publish your name, face, contact details, vehicle registration number or other identifiable personal information. We will obtain any additional consent required by POPIA or other applicable law before intentionally publishing such information.
8.4. You confirm that any logo, artwork, trade mark or other material you provide for customisation may lawfully be used by KTSA to fulfil your order. Our use of such material in advertising remains subject to clauses 8.1 to 8.3.
9. Limitation of liability
9.1. While KTSA takes reasonable steps to ensure that information and prices displayed on the Website are accurate, errors may occur. Where an obvious error affects an order, we will notify you and give you a reasonable opportunity to confirm the order at the correct price or cancel it for a refund of amounts already paid in respect of the affected Goods.
9.2. To the fullest extent permitted by law, KTSA will not be liable for loss arising solely from an inadvertent inaccuracy or obvious pricing error on the Website.
9.3. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability arising from gross negligence or wilful misconduct.
9.4. Website errors may be reported to sales@ktsaonline.co.za.
10. Governing law and jurisdiction
10.1. These Terms and any dispute arising from them are governed by the laws of the Republic of South Africa.
10.2. You and KTSA submit to the jurisdiction of the courts of the Republic of South Africa, subject to any right you may have under the CPA or other applicable law to approach a tribunal, ombud, commission or other competent body.
11. KTSA information
11.1. Full legal name: Kleen-Tex South Africa
11.3. Main business: KTSA offers a diverse range of high-quality mats designed for every space and purpose.
11.4. Registered or principal business address: Glen Anil, Durban, South Africa, 4510
11.5. Email address: sales@ktsaonline.co.za
Part D – Five-year limited warranty
12. Warranty
12.1. Subject to applicable law, this five-year limited warranty is provided to the original purchaser and is not transferable.
12.2. To make use of this additional limited warranty, the purchaser must activate it through KTSA’s online warranty-activation form within two weeks after the purchase date. This activation requirement does not limit any statutory warranty or other right available under the CPA.
12.3. This limited warranty applies only to Goods expressly identified by KTSA as carrying the five-year limited warranty.
12.4. Subject to the exclusions below, the limited warranty covers:
12.4.1. material defects;
12.4.2. premature wear under normal use;
12.4.3. defects in workmanship; and
12.4.4. splitting or tearing under normal use.
12.5. The limited warranty does not cover:
12.5.1. damage caused by misuse, neglect, accident or improper cleaning;
12.5.2. wear resulting from commercial use beyond the product’s intended purpose;
12.5.3. damage caused by chemicals, fire or flooding;
12.5.4. damage caused by unauthorised repairs or modifications;
12.5.5. colour fading resulting from normal ultraviolet exposure; or
12.5.6. changes in appearance caused by dirt, stains or cleaning products.
12.6. If a valid claim is approved under this limited warranty, KTSA may repair or replace the affected Goods or refund the applicable purchase price, subject always to your rights under the CPA.
12.7. To submit a warranty claim, contact sales@ktsaonline.co.za and provide proof of purchase, details of the defect and any reasonably requested supporting photographs or information.