TERMS OF SERVICE
Effective Date: 21 JULY 2025
Important notice. These Terms contain clauses that may limit risk, assign responsibility to you, or require your acknowledgment (including limitation of liability, indemnity, and dispute resolution). By using Kloset Klub, you confirm that you have read and understood these Terms as required by section 49 of the Consumer Protection Act, where applicable.
1. Who we are and how to contact us
1.1 The website and platform at www.klosetklub.com and related apps and services Kloset Klub are operated by Four Times Three SA PTY LTD, registration number 2018/348019/07, with registered address 32 Kloof Street, Gardens, Cape Town, 8000 and contact email care@klosetklub.com.
1.2 References to Kloset Klub include our officers, employees, contractors, service providers, and affiliates.
2. What these terms cover
2.1 These Terms govern your access to and use of the Platform as a buyer or seller, including listing, browsing, purchasing, messaging, payments via SafePay, shipping via Pudo, reviews, disputes, and account features such as your wallet.
2.2 By creating an account or using the Platform, you agree to these Terms, our Privacy Policy, Community Guidelines, and Luxury Authenticity and Anti-Counterfeit Policy. If you do not agree, please do not use the Platform.
2.3 We may update these Terms prospectively. We will notify you on the Platform. Continued use means you accept the updated Terms.
3. Legal framework and your rights
3.1 These Terms are subject to South African law, including the Consumer Protection Act 68 of 2008 (CPA), Electronic Communications and Transactions Act 25 of 2002 (ECTA), Protection of Personal Information Act 4 of 2013 (POPIA), Cybercrimes Act 19 of 2020, and the Companies Act 71 of 2008.
3.2 Nothing in these Terms limits your non-excludable statutory rights under applicable law. If any clause conflicts with compulsory law, the compulsory law prevails.
4. The Kloset Klub role
4.1 Kloset Klub is a peer-to-peer marketplace. We provide the technology, safe payments, tools, and policies that help users list, discover, buy, and sell fashion items.
4.2 Unless we state otherwise in writing, we are not the buyer or seller of items listed by users and we are not a party to the sale agreement between buyers and sellers.
4.3 We may provide support services, payment facilitation, shipping integrations, and dispute handling. We may remove or restrict listings, suspend accounts, or take other actions to protect users and the integrity of the Platform.
5. Eligibility and accounts
5.1 You must be at least 18, have legal capacity, and provide accurate information.
5.2 Keep your login secure. You are responsible for activity on your account.
5.3 We may verify identity where reasonable, request additional documents, or refuse, suspend, or close accounts where policy or law is breached.
6. Listings and selling
6.1 Accuracy. Sellers must provide truthful descriptions, correct sizing, clear condition, and disclose defects. Use your own media.
6.2 Media quality. Upload high-quality photos and video that fairly represent the item.
6.3 Authenticity. Counterfeits and dupes are not allowed. Suspected fakes are banned and deleted. Repeat offenders may be permanently removed.
6.4 Prohibited items. Illegal goods, stolen goods, weapons, hazardous materials, hateful or adult-only content, and any item outside fashion that we reasonably prohibit are not allowed.
6.5 Compliance. Sellers are responsible for complying with all applicable laws, including the Second-Hand Goods Act where applicable, and for their own tax obligations.
6.6 Ownership. You warrant you own the item and have the right to sell it.
7. Buying and Tradesafe (Marketed as SafePay)
7.1 No buyer fees. Buyers pay the item price plus shipping at checkout.
7.2 Tradesafe. Buyer funds are held by the payment process within the Tradesafe flow and are released to the seller’s wallet only after the buyer confirms they are happy or when the buyer protection window ends without an issue being raised.
7.3 Do not transact off-platform. To remain protected, keep chats and payments on Kloset Klub.
8. Fees and commission
8.1 Seller commission. Kloset Klub charges a 25% commission on each successful sale. 8.2 The commission is deducted from the seller payout and goes toward platform operations, trust and safety, product improvements, and seller tools. 8.3 We may update fees on notice. Fee changes apply prospectively.
9. Shipping with Pudo
9.1 We integrate Pudo for door collection or locker drop-off, subject to Pudo terms and network availability.
9.2 Buyers select shipping at checkout and pay the shipping cost. 9.3 Sellers must ship within the stated handling time and upload proof of shipment.
9.4 Risk in the item transfers to the buyer on delivery as recorded by the carrier. If a parcel is lost or damaged in transit, we will assist with the carrier process and apply the buyer protection policy where applicable.
10. Delivery, confirmations, and buyer protection
10.1 Buyers must confirm receipt and satisfaction within the Platform. If the buyer does not confirm within the protection window and does not report a problem, SafePay will release the funds to the seller automatically.
10.2 If there is a problem, the buyer must report it within the stated window and upload clear evidence. We may request additional information from both sides.
10.3 We may make a reasonable decision based on the evidence and our policies, which may include a refund to the buyer, a partial refund, or release of funds to the seller.
11. Returns and refunds
11.1 Marketplace returns are governed by our Returns and Buyer Protection Policy and applicable law.
11.2 Where the seller is acting in the ordinary course of business, the CPA may apply, including rights against defective goods. Where a seller is a private individual selling occasionally, the CPA may not apply.
11.3 Nothing prevents a seller from offering more generous returns. Any such terms must be stated clearly in the listing.
12. Wallets and payouts
12.1 The Kloset Klub wallet is a platform balance for payouts. It is not a bank account, does not earn interest, and is not a deposit-taking product.
12.2 We may place holds where we suspect fraud, chargebacks, counterfeit activity, or policy violations.
12.3 Payouts are made to the seller’s nominated account according to our payout schedule, minus fees. You are responsible for providing accurate banking details.
13. Reviews and community conduct
13.1 Users must be respectful, follow our Community Guidelines, and avoid harassment, hate speech, or defamatory comments.
13.2 Reviews must be fair and based on real transactions. We may moderate content that violates policy or law.
14. Intellectual property and content
14.1 You retain rights in your content. By posting listings, media, and reviews you grant Kloset Klub a non-exclusive, worldwide, royalty-free licence to host, display, and use that content for operating, marketing, and improving the Platform. You warrant your content does not infringe third-party rights.
14.2 We operate a reasonable notice and takedown process under ECTA. Rights holders can contact [care@klosetklub.com] with sufficient detail to identify the work and the alleged infringement.
15. Privacy and security
15.1 We process personal information in line with POPIA and our Privacy Policy.
15.2 You must keep your account secure and notify us immediately of any suspected unauthorised access.
15.3 You may not introduce malware, attempt to scrape, or circumvent technical protections. The Cybercrimes Act applies to unlawful access and data interference.
16. ECTA supplier information and electronic transactions
In compliance with ECTA section 43, our supplier details, pricing, payment methods, delivery terms, cancellation and returns policy, and security procedures are made available on the Platform and in these Terms. We will provide you with a record of your transaction electronically. You consent to electronic communications.
17. Service availability and changes
17.1 The Platform is provided on an “as is” and “as available” basis. We strive for high availability but do not guarantee uninterrupted service.
17.2 We may modify or discontinue features where reasonable. If a change has a material adverse effect, we will provide notice.
18. Warranties, liability, and indemnities
18.1 We do not manufacture, store, or inspect items listed by users and we do not guarantee item quality, safety, legality, or authenticity unless expressly stated in a Kloset Klub policy.
18.2 To the maximum extent permitted by law, we exclude implied warranties and are not liable for indirect or consequential loss, loss of profits, or loss of data. 18.3 Our total liability to you for all claims arising out of or in connection with these Terms will not exceed the greater of the total commissions paid by you to Kloset Klub in the twelve months before the claim or R5,000, except where law prescribes otherwise.
18.4 You indemnify Kloset Klub against claims, losses, damages, costs, and liabilities arising from your breach of these Terms, violation of law, infringement of rights, or misuse of the Platform.
18.5 Nothing in these Terms limits liability for death or personal injury caused by gross negligence or for fraud, or liability that may not lawfully be excluded.
19. Suspension and termination
19.1 We may suspend or terminate accounts, remove listings, withhold payouts, or limit use where we reasonably suspect policy breaches, counterfeit activity, fraud, or unlawful conduct, or to protect users.
19.2 You may close your account at any time. Closing an account does not affect obligations already incurred.
20. Disputes and resolution
20.1 Please contact [care@klosetklub.com] for assistance. We aim to resolve issues promptly.
20.2 If not resolved, a party may propose mediation. If mediation fails, either party may refer the dispute to the Arbitration Foundation of Southern Africa (AFSA) in Cape Town, in English.
20.3 This clause does not prevent a consumer from approaching a court or the National Consumer Commission or another competent authority under the CPA where applicable. Interim urgent relief in court remains available.
21. General terms
21.1 Governing law. South African law applies.
21.2 Jurisdiction. Subject to the CPA, you consent to the non-exclusive jurisdiction of the High Court of South Africa, Western Cape Division, or another competent court.
21.3 Assignment. We may assign our rights or obligations. You may not assign without our written consent.
21.4 Severability. If any clause is invalid, the rest remain enforceable.
21.5 Entire agreement. These Terms, policies referenced, and any feature-specific terms are the entire agreement between you and us.
21.6 Notices and domicilium.
a) Kloset Klub domicilium: 32 Kloof Street, Gardens, Cape Town, 8000; email: care@klosetklub.com.
b) Your domicilium is your account email and the physical address you provide.
c) Notices must be in writing and are deemed received on the date of delivery or, for email, on delivery to the recipient server, unless proven otherwise.
SUMMARIES
A. Fees summary
Buyer fees: None. Buyers pay item price plus shipping only.
Seller commission: 25% per successful order, deducted from payout.
Other charges: currency conversion, chargebacks, or exceptional handling fees may apply where relevant. We publish any such fees in advance.
B. Shipping summary
Integrated Pudo shipping. Options and prices shown at checkout.
Seller ships within stated handling time and keeps proof of shipment.
Delivery proof from the carrier is used to confirm receipt.
C. Counterfeit and prohibited items
No dupes. No counterfeits. Suspected fakes are removed and sellers may be suspended.
Prohibited items list is maintained on the Platform and may be updated. We may remove items that, in our reasonable opinion, present legal or safety concerns.
D. Buyer protection snapshot
Tradesafe holds funds until buyer confirms satisfaction or the protection window ends without issue.
If a buyer reports a problem within the window, we pause payout and assess evidence from both sides.