bdmin-terms-conditions
Merchant’s Entry Into the Mall Platform agreement
This agreement consists of Party B, also known as “Seller” a legal business entity or individual that agrees and promises to comply with the provisions of this agreement and use the mall services.
(Hereinafter referred to as "merchants"), this online mall platform Party A Ibuytoo Pty Ltd (hereinafter referred to as "mall") jointly concluded and has the effect of the contract.
1. The content of the agreement and its effectiveness:
(1) The content of this agreement includes the main body of the agreement and all kinds of rules that have been published or may be published in the future. All rules are an integral part of the agreement and have the same legal effect as the body of the agreement.
(2) While using the various services provided by the mall, the merchant promises to accept and abide by the relevant rules and regulations. The mall has the right to formulate and modify this agreement or various rules from time to time as needed. If there are any changes to this agreement, the mall will notify the merchant in the form of publicity on the website. Once any amendments and new rules are announced, if the merchant fails to provide relevant opinions in writing within seven days, the new rules will take effect immediately and become part of this agreement. Logging in or continuing to use the service will indicate that the merchant accepts the revised agreement. Unless otherwise explicitly stated, any new content that expands the scope of services or enhances functions is bound by this agreement.
(3) The signing or online acceptance of this agreement by the merchant does not cause this agreement to take effect immediately. After the mall has reviewed and approved the service and issued a service activation notice to the merchant, this agreement will have a legal effect between the merchant and the mall.
2. Submission of supporting documents:
1. Submission of supporting documents: Merchants who wish to enter the mall must submit to the mall the supporting documents or other relevant certificates that they should provide when applying for services.
2. Notification of changes in certification documents: During the agreement period, the merchant shall notify the mall of any changes to the above-mentioned related certification documents in a timely manner, and supplement the changed certification documents.
3. Liability clause: The merchant promises that if it fails to notify or update its certification documents or other certification information in a timely manner, it shall bear full responsibility, and the merchant guarantees that all the certification documents provided to the mall are true, accurate and free of time-out issues (that is, to ensure that all certification documents are in the entire The contract performance period is within the validity period). If a dispute arises due to the above-mentioned reasons or is punished by the relevant national competent authority, the merchant shall independently bear all the responsibilities. If losses are caused to the mall, the merchant agrees to compensate for all the losses.
4. Bank information: Bank details must be provided so that the mall can transfer money directly in your nominated account. Missing account details will result in you not receiving your payment on time, and this is the seller’s responsibility.
3. The merchant's declaration and guarantee:
1. Merchants must provide true, legal, accurate, and effective registration information to the mall, and ensure the validity and security of their e-mail address, contact number, contact address, postal code, etc., and ensure that the mall and other users can contact through the above Ways to contact yourself. At the same time, merchants are also obliged to update the relevant registration information in a time when the relevant information actually changes.
2. It has the legal subject right to conclude this agreement and use the relevant services of the mall.
3. All the information posted on the mall is true and accurate, and complies with relevant laws, regulations, and mall rules.
4. It has the legal right to sell and operate the commodities involved in the transaction information published on the mall.
5. It will sell quality qualified products and provide after-sales service in accordance with the requirements not lower than the "Product Quality Act of the Republic of South Africa", "The Consumer Rights Protection Act of the Republic of South Africa" and other regulations, departmental rules, and national mandatory standards.
6. When selling goods in the mall, it is obligated to issue formal invoices for the buyer in accordance with the actual amount of cash paid by the buyer, and the relevant taxes shall be borne by the merchants themselves in accordance with relevant national regulations.
7. It guarantees to observe the principle of honesty and credit in the process of using the service to conduct transactions, not to take unfair competition behaviors in the transaction process, not to disturb the normal order of online transactions, and not to engage in behaviors unrelated to online transactions.
8. It guarantees that all actions implemented when using the service comply with national laws, regulations, and relevant rules and regulations of the mall, as well as various social public interests and public ethics. If any legal consequences occur due to a violation, the merchant shall independently bear all corresponding legal responsibilities in his own name;
9. It promises to have the legal rights and qualifications to upload relevant product sales information to the mall and conduct sales, and the foregoing actions do not constitute any infringement of the legal rights and interests of any third party, including but not limited to the third party’s intellectual property rights, property rights, etc., such as caused by its actions If the mall suffers any claims, litigation or administrative responsibility brought by a third party, it will bear the corresponding responsibility and exempt the mall from liability.
10. It promises not to use any keywords of unauthorized brands in the products it publishes.
11. It promises to accept irregular inspections by the mall on whether the goods it sells have a legal source of purchase, and it is obliged to retain the relevant evidence that its goods have a legal source of purchase. For those unable to provide proof of the legal source of purchase, the mall will judge the authenticity of the goods based on the actual situation and deal with it in accordance with this agreement and related rules of the mall, and the merchant shall bear the unfavorable consequences of proof.
12. It promises to accept the quality inspection of the products on sale by the mall-based on the product quality control requirements. The test report is issued by a professional third-party quality inspection agency, and it promises not to disagree with the test results made by the third-party quality inspection agency selected by the mall. Merchants shall promptly replace commodities that have been proved to have quality defects after inspection, and the inspection costs shall be borne by the merchants.
13. After entering the mall, seller shall pay the agreed deposit and pay the agreed percentage on the sales of goods as a commission.
14. Seller shall also pay the agreed monthly fees of the platform’s technical service fees
15. It agrees with the trading model of the mall. After the product is sold, the consumer confirms the receipt (the consumer will automatically confirm the receipt within 15 days), and the mall will display the sales to the merchant’s account on the website platform. The seller will submit a cash out application, once the mall approves, the mall will deduct the commission from the sales amount and transfer the deducted sales amount which is after commission to the seller’s designated bank account.
16. If the merchant needs to terminate the cooperative relationship with the mall, the goods of the last order must be sent out, and the mall will return the deposit paid by the merchant without interest within 30 working days.
4. Consumer Protection:
Consumer protection refers only to merchants publishing information on products other than second-hand and idle (hereinafter referred to as "new products") through the mall and selling brand-new products to buyers in accordance with the terms and conditions agreed in this agreement and other publicity rules on the mall website At the time, the obligation of "description of goods truthfully", "goods return and exchange without reason within 7 days", and "guarantee of authenticity" shall be fulfilled. The mall will publish new consumer protection obligations or revise the original consumer protection obligations on the website from time to time. If you disagree with the new or revised consumer protection obligations, you should terminate this agreement. If you continue to use the mall's services, it means accepting the new or revised content of the mall.
(1) Consumer protection content
In the process of merchants releasing product information through the mall and conducting product transactions with buyers, the merchant promises to abide by the following agreements:
1. "Factual description" obligation: refers to the truthful description of the product information uploaded in the mall, and the burden of proof for the described product information (such as source, quality, method of use, maintenance measures, etc.).
2. "7 days no reason to return and exchange goods" obligation: refers to when the buyer purchases the goods sold by the merchant, and within 7 days after signing for the goods if the buyer is unwilling to complete the transaction due to subjective reasons, the merchant promises to agree to follow the provisions of this agreement Provide buyers with return and exchange services. If the buyer and the merchant fail to negotiate the return and exchange of the goods, the buyer initiates a rights protection against the merchant to the mall and applies for a "7-day return without reason" compensation, if the mall determines that the buyer's compensation application is established, the merchant agrees to follow this agreement The compensation amount shall be paid to the buyer accordingly.
3. The obligation of "compliance with promise": refers to merchants who should strictly abide by the promises made to buyers directly or indirectly through various methods.
Including but not limited to the promises made to buyers through this agreement, relevant rules of the mall, the service agreement of the mall, online shops, product detail pages, etc.
4. "Genuine guarantee" obligation: refers to when a buyer purchases a product sold by a merchant in the mall, after receiving the goods, if the buyer believes that the product is suspected of counterfeit (including pirated) products or non-original products, imported products without customs declaration , Counterfeit material component products (of which the definition of counterfeit products, undeclared imported products, and counterfeit material component products shall be subject to the rules of the mall) and the buyer and the merchant have failed to negotiate, the buyer initiates targeting the merchant within the specified period of the mall When applying for consumer protection compensation, if the mall determines that the buyer's compensation application is established, the merchant agrees to return to the buyer the actual price of the goods paid by the buyer in accordance with this agreement, and increase compensation for the loss suffered, and bear the rights involved All logistics costs for the goods. The compensation method for some special category commodities (such as food), if the compensation standard stipulated by relevant national laws and regulations is higher than this agreement, the merchant agrees to follow the laws and regulations.
(2) Consumer protection responsibility and handling
1. The merchant clearly understands and agrees that the merchant is the main body responsible for consumer protection. In the event that the aforementioned merchants in this agreement should perform their consumer protection obligations, the merchants shall guarantee the buyer's consumer rights and interests. Merchants should actively deal with the buyer's request due to the aforementioned issues.
2. The merchant agrees that when the mall accepts the consumer protection rights protection and compensation application submitted by the buyer, the merchant should actively cooperate and provide relevant evidence materials within the time period required by the mall to prove that the goods traded with the buyer do not have the problem raised by the buyer or
Comply with the agreement between the two parties and ensure that the evidence materials submitted are true and legal. If the mall uses the knowledge level of ordinary non-professionals to conduct a superficial review of the evidence provided by merchants and buyers, and independently judges that the merchant has not fully fulfilled the consumer protection content under this agreement, the mall has the right to According to the agreement and other publicity rules, the buyer who suffers the loss of rights and interests will be compensated in advance.
3. The merchant agrees that when the mall uses the margin to pay the buyer in advance, or the mall uses its own funds to pay the buyer on behalf of the merchant based on the merchant's irrevocable entrusted application, the merchant is deemed to have violated the regulations and the mall has the right to give the merchant Corresponding penalties include, but are not limited to, the removal of merchants from the mall. The liquidated damages paid by the merchants to the mall due to violations will give priority to making up for the loss of the mall's use of its own funds (including the mall's consumer protection fund).
5. The rights and obligations of the mall:
(1) The mall is obliged to maintain the normal operation of the entire mall's online trading platform based on existing technology, and strive to improve and improve the technology so that the merchant's online trading activities can proceed smoothly;
(2) The mall shall promptly respond to the transaction or registration-related problems encountered by the merchant during the registration and use of the service and the situation;
(3) The mall has the right to check the merchant's registration data and transaction behavior, and if there are any problems or suspicions in the registration data or transaction behavior, it has the right to issue an inquiry or request correction notice to the merchant, or directly delete or contact the merchant. The store takes restrictive measures and other treatments;
(4) The merchant hereby grants the mall a free license to use the right (and the right to sub-authorize the right), so that the mall has the right (in whole or in part) to use, copy, modify, rewrite, publish, translate, distribute, and execute And display all kinds of information published by merchants in their malls or produce derivative works, and incorporate the above information into other works in any form, media or technology currently known or developed in the future.
6. Termination of the agreement:
(1) Natural termination: This agreement terminates when this agreement expires or the merchant terminates for any reason.
(2) Notification of termination: Either party to the agreement can terminate this agreement by giving fifteen (15) days written notice. Merchants can deal with transaction disputes and settlement matters such as accounts and invoices with the mall after thirty (30) days after exiting the process.
(3) The mall's unilateral right to terminate:
If a merchant violates any rules of the mall or any promise or guarantee in this agreement, including but not limited to any agreement under this agreement, the mall has the right to immediately terminate this agreement and impose penalties on the merchant in accordance with the relevant rules.
(4) If the merchant fails to log in with the mall service account and password within more than ninety (90) days, the mall has the right to terminate this agreement.
(5) If the merchant fails to pay the relevant service fees and activity fees in full and on time according to the provisions of this agreement and the appendix, and fails to pay within the time limit specified by the mall, the mall has the right to partially or completely suspend it. Or terminate this agreement.
(6) The occurrence or realization of other conditions for termination of the agreement stipulated in this agreement has resulted in the termination of this agreement.
7. Duration of the agreement:
This agreement will come into effect when it meets the conditions stipulated in the first clause of this agreement, and this agreement is valid for one year. Unless otherwise agreed by both parties.
8. Confidentiality clause:
(1) The business secrets mentioned in this agreement include but are not limited to the contents of this agreement, any supplementary agreement, and other secret information involved in the cooperation process. Without the consent of the trade secret provider, neither party shall disclose, disseminate, edit or display the information to any third party. The parties to the agreement promise that they will still assume the confidentiality obligations under this clause after the termination of this agreement, and the confidentiality period will continue for another three years.
(2) Where a trade secret is disclosed due to the written consent of the other party and the state’s administrative or judicial enforcement actions, the disclosing party shall not be liable; if the trade secret is already known to the public, the disclosing party shall not be liable.
9. Limited liability:
(1) The service will be provided on the basis of "as is" and on the basis of "available" status. The mall hereby expressly declares that it does not make any express or implied guarantees for the service, including but not limited to the applicability of the service, no errors or omissions, continuity, accuracy, reliability, and the guarantee for a specific purpose. , Statement or promise. The mall makes no promises and guarantees for the validity, accuracy, correctness, reliability, quality, stability, completeness, and timeliness of the technology and information involved in the service.
(2) The use of the service to download or obtain any information is based on the independent judgment of the merchant and at his own risk. Each merchant shall be solely responsible for the losses caused by the fire extinguishing of its computer system or data.
(3) In any case, the mall is not correct due to Internet connection failure, computer, communication or other system failures, power failures, strikes, labor disputes, riots, uprisings, riots, insufficient productivity or production materials, fires, floods, storms, explosions, force majeure, wars, government actions, orders of international and domestic courts, or third-party inactions caused by an inability to service or delayed service shall be liable.
10. Liability for breach of contract:
(1) The merchant agrees to compensate the mall for any losses caused by the use of the service (including but not limited to the display of merchant information on the website) or violation of this agreement (including but not limited to the full amount of litigation costs and attorney fees incurred thereby). The merchant agrees that the mall will not take any responsibility for the information posted by any merchant, including defamatory, offensive, or illegal information; the merchant shall be solely responsible for the losses caused by such materials to other users.
(2) Except as otherwise agreed in this agreement and the rules of the mall, if a party breaches the contract, the observant party can request the breaching party to stop the breach within a specified time limit and make a claim for the losses caused by the breach. If the breaching party fails to stop the breach on time, the observant party has the right to terminate this agreement immediately.
11. Dispute resolution and others:
(1) The interpretation and application of this agreement, as well as disputes related to this agreement, shall be handled in accordance with the laws of the Republic of South Africa, and the Court of Johannesburg shall be the court of first instance jurisdiction.
(2) If any clause of this agreement is deemed invalid or unenforceable, the above clauses can be separated, and the rest will still have legal effect.
(3) If the mall waives the rights stipulated in this agreement when the merchant is negligent or in breach of contract, it shall not be deemed that the mall has waived the right to claim compensation for other or future similar faults or breaches of the merchant.
12. You will also agree with the terms and conditions below
Terms and Conditions
1. Introduction
1. This website can be accessed at www.ibuytoo.co.za, related mobile-sites and software applications (the “Website”) and is owned and operated by NewHope Technology (pty) Ltd Online (RF) (Pty) Limited (“www.ibuytoo.co.za”, “we”, “us” and “our”)
2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
4. The Website enables you to shop online for an extensive range of goods including clothing & accessories ,cosmetic & make up, bags & shoes & hats, digital appliances, baby & toys, home textiles & decoration, food & drink, hardware & tools, lighting, gift shop & local special , furniture & stationary, cars & cell phone & accessories, others and more (“Goods”).
5. ibuytoo allows third party sellers to list and sell their Goods on the Website (each a “Third Party Seller”). Ibuytoo will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from ibuytoo. This will be made clear in the relevant clause.
6. Ibuytoo is a business in the online retail industry.
1.These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
1. may limit the risk or liability of ibuytoo or a third party; and/or
2. may create risk or liability for the user; and/or
3. may compel the user to indemnify ibuytoo or a third party; and/or
4. serves as an acknowledgement, by the user, of a fact.
3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
4.If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Ibuytoo to explain it to you before you accept the Terms and Conditions or continue using the Website.
5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Ibuytoo in terms of the CPA.
6. Ibuytoo permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
3. Returns and Refunds Policy
1. Refund and return policies will be based on the Third Party Seller’s refund and return policies
2.If seller does not have a refund policy, when buyers want a refund, the buyer needs to request a refund within 7 days of receiving the goods.
3.In any case that the buyer and seller does not get to a resolution, ibuytoo can be requested to step in and finalize a resolution. In this case, ibuytoo will charge 5% (of the total cost including shipping) admin fee from the buyer.
4. Registration and use of the website
1. Only registered users may order Goods on the Website.
2.To register as a user, you must provide a unique username and password and provide certain information and personal details to Ibuytoo. You will need to use your unique username and password to access the Website in order to purchase Goods.
3. You agree and warrant that your username and password shall:
1. be used for personal use only; and
2. not be disclosed by you to any third party.
4.For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
5.You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
6. You agree to notify Ibuytoo immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
7.By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Ibuytoo representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Ibuytoo representative.
5. Conclusion of sales and availability of stock
1.Registered users may place orders for Goods, which Ibuytoo or the Third Party Seller may accept or reject. Whether or not Ibuytoo or the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Ibuytoo for the Goods.
2. NOTE: Ibuytoo or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Ibuytoo or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Ibuytoo stating that your order or payment has been confirmed. Ibuytoo will indicate the rejection of your order (by Ibuytoo itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
3. Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
4. Cancellation of orders by the client before item has shipped will be given a full refund.
5. Orders cannot be cancelled after the item has shipped.
6.In the case of Goods for sale by a Third Party Seller, Ibuytoo relies on inventory information supplied by the relevant Third Party Seller and Ibuytoo accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.
7. Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
Payment
8.We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
9. Payment may be made via Visa or Mastercard
10.Whether the Goods are for sale by Ibuytoo or a Third Party Seller, payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method)
1.debit card; where payment is made by debit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying the Goods. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
2. credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
3.direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Ibuytoo will not accept your order if payment has not been received;
4. Instant EFT;
11. Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
6. Delivery of goods
1. Ibuytoo offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
1. courier; or
2. self-collection.
2.Where it accepts your order, Ibuytoo or the Third Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
3. Ibuytoo’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Ibuytoo is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
7. Errors
1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
2. Ibuytoo shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
8. Third Party Sellers
1.Ibuytoo will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. In such cases Ibuytoo only provides the platform to facilitate transactions between Third Party Sellers and Ibuytoo customers. Ibuytoo is neither the buyer nor the seller of these Goods unless otherwise specified.
2. The Sale formed on acceptance of your order for Goods that are for sale by a Third Party Seller is therefore solely between the registered user and such Third Party Seller. Ibuytoo is not a party to that sale.
3. The Third Party Seller is solely responsible for fulfilment of delivery of the Goods. The Third Party Seller is also responsible to provide an invoice to the registered user if required.
4. Not all Third Party Sellers are registered VAT (Value-Added Tax) vendors. Only Third Party Sellers who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a Third Party Seller is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.
5. Because Ibuytoo wants the registered user to have a safe and consistent experience, Ibuytoo will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the Sale between a registered user and a Third Party Seller on behalf of the Third Party Seller according to Ibuytoo’s own Returns Policy. Should such claim escalate into being a dispute, although Ibuytoo is entitled to become involved in an attempt to resolve it, Ibuytoo is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone.
9. Privacy policy
1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
2.Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to -
1. your name and surname;
2. your email address;
3. your physical address;
4. your gender;
5. your mobile number; and
6. your date of birth.
3.Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
5. Subject to clause 15.6 below, we will not, without your express consent:
1. use your personal information for any purpose other than as set out below:
1. in relation to the ordering, sale and delivery of Goods;
2.to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
3.to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
4. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
2. disclose your personal information to any third party other than as set out below:
1.to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
2. to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
3. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
4. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
5. to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
6. to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address .
6. We will -
1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
2.take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
3. provide you with access to your personal information to view and/or update personal details;
4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
5.provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
6.upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
7. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
8. Ibuytoo undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
9. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
10. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Ibuytoo, IBUYTOO SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
10. Company Information
This website is run by private corporation based in South Africa trading as Ibuytoo and with registration number 2018/387103/07
11. Changes to these Terms and Conditions
1.Ibuytoo may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
12. Ownership and copyright
1.The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Ibuytoo its advertisers and/or sponsors and/or is licensed to Ibuytoo.
2. You will not acquire any right, title or interest in or to the Website or the Website Content.
3.Where any of the Website Content has been licensed to Ibuytoo or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
13. Disclaimer
1.The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
2. Whilst Ibuytoo takes reasonable measures to ensure that the content of the Website is accurate and complete, Ibuytoo makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Ibuytoo’s representatives, Ibuytoo shall not be bound thereby.
3. Ibuytoo disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
5. Any views or statements made or expressed on the Website are not necessarily the views of Ibuytoo, its directors, employees and/or agents.
6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Ibuytoo also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Ibuytoo, its employees, agents or authorised representatives. Ibuytoo thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
14. Linking to third party websites
1.This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Ibuytoo is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
15. Limitation of liability
1.Ibuytoo cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Ibuytoo, its employees, agents or authorised representatives.
2.IBUYTOO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
3. YOU HEREBY INDEMNIFY TAKEALOT AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
16. Availability and termination
1.We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
2. Ibuytoo may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Ibuytoo will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
4. At any time, you can choose to stop using the Website, with or without notice to Ibuytoo.
17. Governing law and jurisdiction
1.These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
2. In the event of any dispute arising between you and Ibuytoo, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
3.Nothing in this clause 19 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
18. Delivery policy
1. Subject to availability and receipt of payment, requests will be processed within 7 days and delivery confirmed once the seller has shipped the items.
19. Customer Privacy policy
1.Ibuytoo shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
http://www.polity.org.za/attachment.php?aa_id=3569 .
20. Card acquiring and security
1.Card transactions will be acquired for Ibuytoo via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
21. Customer details separate from card details
1.Customer details will be stored by Ibuytoo separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
22. Responsibility
1.Ibuytoo takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
23. Merchant Outlet country and transaction currency
1.The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
24. Country of domicile
1. This website is governed by the laws of South Africa and Ibuytoo chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
2 Arbroath Road,
43 HQ
Bedfordview
Gauteng, 2007 South Africa
Email: info@ibuytoo.co.za
Telephone: +27 82 441 6453
25. General
1.Ibuytoo may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
2. Any failure on the part of you or Ibuytoo to enforce any right in terms hereof shall not constitute a waiver of that right.
3.If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
4.No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
5. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
6. These Terms and Conditions contain the whole agreement between you and Ibuytoo and no other warranty or undertaking is valid, unless contained in this document between the parties.
