salesplace.co.za/your-shop
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Vendor Terms & Conditions
You must accept these before registering.
1. DEFINITIONS
“Platform” means SalesPlace, its website and/or mobile application and related services.
“Vendor” means any business, sole proprietor, partnership, close corporation or company registered on the Platform to advertise and sells goods or services.
“Customer” means any person purchasing goods or services from a Vendor through the Platform.
“Services” means the online marketplace services provided by the Platform.
2. ACCEPTANCE OF TERMS AND CONDITIONS
2.1. By registering as a Vendor, the Vendor acknowledges that it has read, understood and agreed to be bound by these terms and conditions, which constitute the whole agreement.
2.2. The Platform may amend these terms and conditions from time to time, as it deems necessary and continued use constitutes acceptance thereof.
3. NATURE OF THE PLATFORM
3.1. The Platform operates solely as an online marketplace.
3.2. The Platform:
3.2.1. does not manufacture, own or supply products;
3.2.2. does not warrant products sold by Vendors;
3.2.3. is not a party to the sales agreement between Vendor and Customer;
3.2.4. acts only as an intermediary facilitating transactions.
3.3. The Vendor remains solely responsible for all products and services sold through the Platform.
4. REGISTRATION REQUIREMENTS
4.1. The Vendor warrants:
4.1.1. all information provided is accurate;
4.1.2. it has legal capacity to conduct business;
4.1.3. it holds all licences, permits and registrations required by law;
4.1.4. it complies with all applicable legislation.
4.2. The Platform may request (where applicable or necessary):
4.2.1. Identity documents;
4.2.2. Company registration documents;
4.2.3. VAT registration certificates;
4.2.4. Proof of banking details;
4.2.5. Proof of address.
5. SUBSCRIPTION FEES
5.1. The Vendor shall pay:
5.1.1. a monthly subscription fee of R99.00 per month;
5.1.2. any transaction charges.
5.2. Fees are payable monthly in advance.
5.3. Failure to pay may result in suspension or termination.
6. VENDOR STOREFRONT
6.1. The Vendor may:
6.1.1. upload products;
6.1.2. upload images;
6.1.3. advertise promotions;
6.1.4. communicate with customers through approved channels.
6.2. The Platform may remove any content which:
6.2.1. is unlawful;
6.2.2. infringes intellectual property rights;
6.2.3. is misleading;
6.2.4. damages the reputation of the Platform.
7. PRODUCTS
7.1. The Vendor warrants that:
7.1.1. all products are lawfully sold;
7.1.2. products comply with South African legislation;
7.1.3. products are accurately described;
7.1.4. images accurately represent products;
7.1.5. products are safe for use.
7.2. The Vendor may not sell:
7.2.1. counterfeit goods;
7.2.2. prohibited items;
7.2.3. illegal products;
7.2.4. hazardous materials;
7.2.5. firearms or regulated weapons without legal authority.
8. PRICING
8.1. The Vendor is solely responsible for:
8.1.1. product pricing;
8.1.2. discounts;
8.1.3. VAT obligations;
8.1.4. shipping costs.
8.2. The Vendor may not engage in misleading pricing practices.
9. ORDERS
9.1. Once an order is received, the Vendor shall:
9.1.1. acknowledge the order;
9.1.2. process the order promptly;
9.1.3. dispatch within the stated time period.
9.2. Failure to fulfil orders may result in penalties, suspension or termination.
10. DELIVERY
10.1. The Vendor is solely responsible for:
10.1.1. packaging;
10.1.2. shipping;
10.1.3. courier arrangements;
10.1.4. delivery costs unless otherwise agreed.
10.2. The Platform bears no liability for delivery delays.
11. RETURNS AND REFUNDS
11.1. The Vendor agrees to comply with:
11.1.1. Consumer Protection Act 68 of 2008;
11.1.2. Electronic Communications and Transactions Act 25 of 2002.
11.2. The Vendor shall process returns, refunds and exchanges within reasonable periods prescribed by law.
12. CUSTOMER COMPLAINTS
12.1. The Vendor shall respond to customer complaints within 48 hours.
12.2. The Platform may intervene where complaints remain unresolved.
13. INTELLECTUAL PROPERTY
13.1. The Vendor retains ownership of:
13.1.1. trademarks;
13.1.2. logos;
13.1.3. product images;
13.1.4. Marketing material.
13.2. The Vendor grants the Platform a royalty-free licence to use such content for operation and promotion of the marketplace.
14. VENDOR WARRANTIES
14.1. The Vendor warrants that:
14.1.1. information supplied is accurate;
14.1.2. products are genuine;
14.1.3. products are lawful;
14.1.4. transactions comply with applicable law.
15. INDEMNITY
15.1. The Vendor indemnifies and holds harmless the Platform against all claims arising from:
15.1.1. defective products;
15.1.2. Personal injury;
15.1.3. misleading advertisements;
15.1.4. breach of law;
15.1.5. intellectual property infringement.
16. LIMITATION OF LIABILITY
16.1. The Platform shall not be liable for:
16.1.1. loss of profits;
16.1.2. indirect damages;
16.1.3. customer disputes;
16.1.4. service interruptions;
16.1.5. courier failures;
16.1.6. vendor product quality or safety.
17. SUSPENSION AND TERMINATION
17.1. The Platform may suspend or terminate accounts where:
17.1.1. fees are unpaid;
17.1.2. fraud is suspected;
17.1.3. laws are breached;
17.1.4. customer complaints become excessive.
18. CONFIDENTIALITY
18.1. Both parties shall maintain confidentiality regarding:
18.1.1. customer data;
18.1.2. business information;
18.1.3. pricing information;
18.1.4. trade secrets.
19. RESTRAINT OF TRADE AND NON-CIRCUMVENTION
19.1. The Vendor acknowledges that it may gain access to confidential information, customer information and business relationships through the use of this Platform.
19.2. The Vendor agrees that, during the term of this agreement and for a period of twelve (12) months after its termination, shall not:
19.2.1. use any confidential information obtained through the Platform for any purpose other than conducting business on the Platform;
19.2.2. directly or indirectly solicit, entice or encourage any customer introduced through the Platform to transact outside of the Platform for the purpose of avoiding fees or charges payable to SalesPlace;
19.2.3. Solicit or encourage any Vendor of the Platform to terminate their relationship with SalesPlace or move to a competing marketplace.
19.3. The Vendor acknowledges that this clause is reasonable and necessary to protect the legitimate business interests, goodwill and customer relationships of SalePlace.
19.4. In the event of breach, SalesPlace shall be entitled to seek interdictory relief, damages and any other remedy available in law.
20. POPIA COMPLIANCE
20.1. The Vendor shall:
20.1.1. comply with POPIA;
20.1.2. process personal information lawfully;
20.1.3. implement security safeguards;
20.1.4. report data breaches immediately.
21. DISPUTE RESOLUTION
21.1. Parties shall first attempt mediation.
21.2. If the dispute remains unresolved within 30 (thirty) days, disputes shall be referred to arbitration in accordance with the rules and laws of South Africa.
22. GOVERNING LAW
22.1. This agreement is governed by the laws of the Republic of South Africa.
23. CONTACT
23.1. For any queries regarding the above-mentioned terms and conditions, please contact support@salesplace.co.za