Terms and Conditions

1. Membership and Subscription

• 1.1 Membership is subject to a mandatory Initial Term of 3 months.
• 1.2 Membership activation is subject to successful verification, which may include identity verification, proof of address and credit screening. Kaya Club reserves the right to decline any application at its sole discretion.
• 1.3 Membership fees are payable monthly in advance via debit order or authorised card charge.
• 1.4 After the Initial Term, membership continues on a month to month basis.
• 1.5 Kaya Club may update membership fees with at least 40 business days written notice, in accordance with the Consumer Protection Act.

2. Lending Entitlement (Loan for Use)

• 2.1 Active Members in good standing may borrow Items from Kaya Club's collection on a loan for use (commodatum) basis.
• 2.2 Availability is subject to stock and demand. Kaya Club does not guarantee access to any specific Item.
• 2.3 The number of Items a Member may borrow simultaneously is determined by the Member's membership tier.
• 2.4 Ownership of all Items remains vested in Kaya Club or its consignors at all times. No ownership or proprietary rights pass to the Member.

3. Condition and Authentication

• 3.1 All Items are professionally authenticated and documented via high resolution photography prior to being issued.
• 3.2 Upon receipt, the Member must immediately report any damage or authenticity concerns. Failing this, the Item is deemed accepted in the documented condition.
• 3.3 Members must return Items in the same condition, subject only to Normal Wear and Tear.
• 3.4 Normal Wear and Tear is strictly limited to minor leather rubbing, light hardware scratching, or gentle loss of structure consistent with careful personal use.
• 3.5 Damage outside this definition, including ink stains, water exposure, odours, deep scratches, lining tears or unauthorised repairs, constitutes excess damage.

4. Liability for Damage, Loss and Theft

• 4.1 Risk transfers to the Member upon delivery and remains until the Item is scanned back into Kaya Club's custody.
• 4.2 If an Item suffers excess damage, the Member is liable for the full professional repair cost plus a R500 administration fee.
• 4.3 If an Item is lost, stolen, not returned or deemed beyond repair, the Member is liable for the full Retail Replacement Value.
  • 4.3.1 Retail Replacement Value means the cost to replace the Item with a new or equivalent Item of the same brand, model and condition.
  • 4.3.2 For discontinued or limited Items, value is determined using reputable global resale platforms plus applicable import duties and VAT.
  • 4.3.3 Final determination of this value rests with Kaya Club based on documented market evidence.
• 4.4 The Member is liable for the actions of any third party who handles, uses or damages the Item.
• 4.5 Kaya Club reserves the right to report defaults to registered Credit Bureaus and the South African Fraud Prevention Service.
• 4.6 If an Item is stolen or theft is suspected while under the Member's care, the Member must notify Kaya Club within 12 hours, open a SAPS case and provide the CAS number within 24 hours.

5. Insurance and Coverage

• 5.1 Members must pay a mandatory monthly Insurance Surcharge.
• 5.2 This coverage includes accidental minor damage and Normal Wear and Tear, subject to Kaya Club's internal insurance and self insurance policies in force from time to time.
• 5.3 This coverage does not include theft, total loss or mysterious disappearance.
• 5.4 This coverage does not include damage caused by gross negligence, wilful misuse or unauthorised cleaning.
• 5.5 Items taken outside South Africa without prior written consent are not covered.
• 5.6 The existence of insurance or insurance surcharges does not limit the Member's liability for replacement in the event of loss, theft or non return.

6. Security Deposits

• 6.1 Kaya Club may require a refundable Security Deposit for certain high value Items.
• 6.2 Deposits may be applied against unpaid fees, repairs, penalties or replacement costs.
• 6.3 Refunds, less deductions, will be processed within 14 business days after Item return or membership termination.

7. Returns and Non Return (Theft by Conversion)

• 7.1 Items must be returned by the agreed due date. Late returns incur a penalty of R500 per day.
• 7.2 If an Item is not returned within 7 days of the due date and no reasonable steps are taken to resolve the matter, the Item will be deemed stolen and Kaya Club will open a criminal case with the South African Police Service.
• 7.3 If Kaya Club suspects an Item has been swapped for a counterfeit, the Item will be sent for forensic authentication at the Member's cost. If confirmed, the Item will be treated as stolen.

8. Care and Prohibited Use

• 8.1 Members may not expose Items to moisture, smoke, perfume or chemicals.
• 8.2 Members may not use Items for commercial purposes without written consent.
• 8.3 Members may not perform any repairs, cleaning or alterations.
• 8.4 Items must be stored in the provided dust bags when not in use.

9. Member Obligations

• 9.1 Members must provide accurate and truthful personal information.
• 9.2 Members must notify Kaya Club in writing within 48 hours of any change in address or contact details.
• 9.3 Items are for personal use only. Lending, sub lending or sale constitutes a material breach.
• 9.4 All damage, loss or theft must be reported immediately.
• 9.5 Members must cooperate fully in any insurance claim, investigation or recovery process.

10. Payments and Authorisations

• 10.1 Members authorise Kaya Club to debit all fees, penalties, deposits and replacement costs from their registered payment method.
• 10.2 Kaya Club may engage third party debt recovery agents for any unpaid balances.

11. Cancellation and Cooling Off

• 11.1 Members may cancel within 7 days of electronic signature if no Item has been issued.
• 11.2 Early cancellation during the Initial Term attracts a penalty equal to the lower of:
  • (a) remaining fees, or
  • (b) one month's membership fee.
• 11.3 After the Initial Term, cancellation requires 30 days written notice.

12. Data Protection (POPIA)

• 12.1 Kaya Club processes personal information in accordance with POPIA.
• 12.2 Members consent to Kaya Club sharing information with insurers, credit bureaus and recovery agents where necessary.

13. Governing Law and Jurisdiction

• 13.1 These Terms are governed by the laws of the Republic of South Africa.
• 13.2 Members consent to the jurisdiction of the Magistrate's Court, even if claims exceed its monetary limits.
• 13.3 Kaya Club may alternatively institute proceedings in the High Court.

14. Credit Reporting and Default

• 14.1 Kaya Club may report defaults to Credit Bureaus and the South African Fraud Prevention Service.
• 14.2 Such reporting may negatively affect the Member's credit standing.

15. Termination

• 15.1 By the Member: Following the Initial Term, by providing 30 days written notice.
• 15.2 By Kaya Club Immediate: Kaya Club may terminate membership immediately if:
  • (a) Any fee remains unpaid for more than 7 days.
  • (b) Any material breach occurs.
  • (c) Fraud or counterfeit substitution is suspected.
  • (d) False or misleading information was provided.
• 15.3 Upon termination, all Items must be returned immediately. Failure to return within 24 hours will be treated as theft.

16. Force Majeure

Kaya Club shall not be liable for any delay or failure caused by events beyond its reasonable control, including civil unrest, strikes, power failures or extreme weather.

17. Limitation of Liability and Indemnity

• 17.1 Kaya Club is not liable for indirect, incidental or consequential losses.
• 17.2 The Member indemnifies Kaya Club against all claims, losses or damages arising from misuse or breach of these Terms.

18. Acceptance

By signing the Membership Agreement or ticking "I Agree" during digital onboarding, the Member confirms that they have read, understood and agree to be bound by these Terms and Conditions.