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1.Definitions

 

 “Site” or “website”: refers to the online or internet site through which Sellplusbuy offers its service, at this very moment www.sellplusbuy.co.za

 “Buyer“: An entity (person, group of people, firm) who purchases and may also sell on this site

“Seller”: An entity (person, group of people, firm) who sells goods and services on this site

“Listing” or “advert”: refer to any products and/or service placed on this site by users

“User”: An entity (person, group of people, firm) who uses this site at any instant of time, can be a buyer or a seller

“Services”: refers to any classified, online auction, and buy now item created on this website by a person, group of people or firm

“You”: refers to any users of this website who is or has sold, bought, listed a product, or used this website in any form or capacity

“your”: refers to data, information, products, services of any users of this website who is or has sold, bought, listed a product, or used this website in  any form or capacity

“Buy now item”: refers to any item (product and service) listed on this website with either a buynow  or auction type where the buynow option is set to yes  and can be purchased  directly from sellplusbuy.co.za using sellplusbuy payment method (at the moment of writing sellplusbuy.co.za uses payfast as the payment method for adverts promotions as well as buy now)

“Auction item”: an item or service posted on this website where users can place bids until the seller or user who posted the ad is satisfied with a bid or the listing expires.

“Classified item”: any item and/or service posted on this website where the type is set to classifieds

“VAT”: means value added tax

“We”, “us”, “sellplusbuy”, “our”; they all refer to Sellplusbuy, its agents, consultants and employees in any form

“Commission” or “Fees”: refers to any charges made buy sellplusbuy with regards to service, products, listings or promotions and all trades made on this website

"Secured Party": means sellplusbuy, its directors, employees, agents, consultants, associates with their respective employees, consultants, agents.

"Sponsor":  Any entity who uses our Affiliate program  by sharing their sponsoring link to invite friends, family and any other entity outside of this site

"Sponsoree": Any entity who signs up on this site through a sponsored link

"Personal information" or "Your information": refers to any or all information you provide to us or we get through your use of this website. This includes and is not limited to:

 

-          Banking details which we use to send you the money you have obtained through transactions done on this website

-          Your registration information such as your name, username, email address, phone number, company name, website, contact details,

-          Nature of your business, items you sell and buy

-          Information you provide to us for security and confirmation of your identity

 These terms and conditions apply and are legally binding against the entire sellplusbuy.co.za website, mobile website and mobile application users and should therefore be red carefully before proceeding to use any of the Sellplusbuy platforms. In case of a disagreement with these terms of use, you should not use this website, mobile website and mobile application thoroughly.

 

2.      Acceptance

 

By accessing and using this website, you agree that:

-          You are of legal rights (age 18 or over for individual and  have the right permissions for any other entity) to enter into this agreement with us and to have red, understood and accepted the terms and conditions of sellplusbuy.co.za. These terms and conditions are under South African laws.

-          If you are not of legal age (under the age of 18) you will not use (including register, sell and buy) this website unless given the appropriate permissions from your legal guardian or parent  who therefore agrees to be responsible for you, liable for your activities on this website and to be legally bound this these terms and conditions

-          Through the use of this website we will obtain you r personal information when you register, make payments or proceed with any type of information

-          You hereby grant us the unwavering right to you use your information for marketing, statistics and further analysis while still complying with the Protection of Personal Information Act

 

3.         Website Content

 

The content on this website is subject to trademark this includes designs, domain names and other intellectual properties. Therefore:

-          You do not have the rights to copy, edit, and distribute content unless given permissions from us.

-          You do not have the rights to collect nor harvest users information (including but not limited to phone numbers, name, emails)

-          You may obtain a user’s information through your use of this website or from us (during or after a transaction), you agree to use this information in compliance with the Protection of Personal Information Act and will only contact users within the right context, including but not limited to contact buyers and sellers about products on this website, delivery of products sold on this website, auctions conducted on this website

 

4.      Listing policy

 

 By placing an and/or listing on this website the user (including and not limited to private sellers, firms, dealers  or other  authorized third parties) agrees that the information  and listing posted is:

-          Legal: does not break any law and regulations, is not subject to a third party proprietary rights including privacy and/or publicity, not harmful, racist, offensive, obscene, threatening, abusive or is part of a bait and switch

-          Does not contain affiliate marketing, referral selling, jokes, bait marketing, pyramid schemes

-          Honest: the information must be accurate and must not disrupt the usage of the website (including and not limited to sending viruses and corrupted files).

-  The services and goods offered for sale on this website must not be stolen, prohibited by law, counterfeited, illegally imported, banned, can cause harm,  are pharmaceutical products that require a doctor’s prescrition

4.1 Seller

 4.1.1 As a seller on this website, you agree to the terms and conditions as well as listing policies of this website.

4.1.2.You agree to us and separately to the buyer that:

 - Sellplusbuy will process all the payments, take our 5% commission and subsequently transfer the rest of the amount to you at the at your request

- There is a processing fee of 5 South African rand on each transaction made on this website.

- Any outstanding fee will be obtained from the amount collected from the buyer

- you are the owner and have the legal rights to sell goods and services on this website as well as conclude sale and transfer the ownership rights to the respective buyer

- You have accurately described the goods and services you offering for sale (including pictures, images and any other multimedia representing your products and services)

- The goods are not defective and encumbered.

 - The services you are offering will be rendered appropriately and professionally as described, expected and agreed with the buyer

- The goods and services you offering comply with the laws of the republic of South Africa and are legally able to be offered for sale, do not break any laws.

- You will keep your information accurate, up to date, and will not mislead nor misrepresent yourself as well as the products or services you are offering for sale.

- You will set out the terms and conditions of the goods and services you’re offering including but not limited to:

        Clarifying taxes, costs or additional duties expected from the buyers

       Choosing whether the services or goods for sale are classifieds, auction or just buy now items

        Setting the minimum bid provided the goods or service are being auctioned on this site

       Setting he terms of the delivery as well as shipping methods available

       Setting the buy now price if the goods for sale are buy now items

       Making sure that the prices for auctions and buy now items include VAT

       Setting the return policies of your goods.

 4.1.3 making sure your terms and conditions comply with Sellplusbuy’s terms and conditions):

4.2  Buyer

4.2.1        As buyer you guarantee and agree to us and separately the buy that:

-          You are legally able to bid and purchase goods and services on this website and are not breaking any law in doing so.

-          You will not bid for items or attempt to make a purchase unless you have enough funds or a capable to pay for them

-          The purchase of  goods and services made on this website is  thoroughly at your own risk and you will not hold sellplusbuy.co.za or its employees, consultants and associates liable. 

4.2.2        The information you provide to us and separately to the seller is:

-          Legal: does not break any law and regulations, is not subject to a third party proprietary rights including privacy, not harmful, racist, offensive, threatening, abusive or is part of a bait and switch

-          Does not contain affiliate marketing, referral selling, jokes, bait marketing, pyramid schemes

-          Honest: the information must be accurate and must not disrupt the usage of the website (including and not limited to sending viruses and corrupted files).

- Is not confidential or of a third party unless you have the appropriate permissions

- Is up to date and will edit your profile when need be

 4.2.3 Refund

  4.2.3.1  A buyer can only request a refund before 30 days of the sale, in such cases Sellplusbuy will o its best to work with both the buy and seller to find a suitable solution. 

  - Sellplusbuy  does not guarantee that every refund request  will be successful

-  Sellplusbuy will not be held liable  for unsuccessful refund requests.

5.      Rules for conducting auctions on sellplusbuy:

 

5.1 If there is a minimum price, no bids under it will be considered

5.2 No bids will be considered succesfull if the highest bid does not reach the reserved price

5.3 Sellers/Auctioneers must not manipulate bids to influence users in making higher bids

5.4 All bids are final after an auction is closed. No retractions will be considered valid

5.5 If a seller accepts a bid or a buyer is considered to be the successful bidder, this buyer is expected and required to make the payments unless the following happens:

-           The seller is not identifiable nor reachable

-          The seller does not deliver the products and services by the date agreed with the buyer     

-          The seller is found to have been misleading the buyer regarding the goods or services being auctioned

 

5.6 Sellers cannot delete bids unless requested by buyers or given permissions by sellplusbuy.co.za

5.7 Unless a bid is below the minimum price, sellers expected to accept the highest bid as long as it is equal or higher than the minimum price

5.8 Who is considered the successful bidder? :

-          The buyer that places the highest bid

-          If the seller closes an auction early  because he/she is pleased with current highest bid

-          The first buyer or the buyer who places the highest bid with the largest quantity

-          The first bidder to place a bid at the buy now price if the goods auctioned are a buy now items

 

6.         Limited liability

 This website is not responsible for content made available by its users this includes and is not limited to advertisements/listings, comments, pictures or images, photographs, prices, personal information, offerings, user postings, videos, sound clips, business information, business postings, exchange between users through the website, exchanges and communications between users though this website or mobile application or a third party.

Under no circumstances will sellplusbuy.co.za or the company trading as this name or domain name be hold responsible or liable for any inaccuracies, omissions, errors and misinterpretation, misunderstanding, misleading information by sellers, buyers or any other authorized third party occurring in advertisements or other content made available by users of this website which may or may not result in loss or damages of any kind.

 

6.1. Auctions and Buy now Items

We do not represent nor consider ourselves representatives of any products or services offered or sold on this website

 Cannot be held liable nor do we have control on whether or not items sold on this website are legally able to be sold

Cannot guarantee nor do we have control on whether or not sellers and buyers will fulfil their sale and purchase  obligations and duties when it comes to  goods and services sold or advertised on this website.

Cannot guarantee, nor bel held liable on the ratings and feedback the will be given to you by a user with whom you have had a transaction (s) with

Cannot guarantee, nor be held liable on whether or not buyers will make payments of items or services they have successfully bid for in an auction on this website.

Cannot guarantee, nor bel held liable on whether or not sellers or buyers are in fact who they claim to be

 Despite users checks we cannot guarantee, nor bel held liable or have control on whether or not banking cards (including debits and credits) are being lawfully used on this website (not stolen, buyers and sellers have the authorisation to use them)

 We are not agents nor representatives of sellers and buyers with regards to adverts placed on this site, this includes but is not limited to buy now items, classifieds and auctions (including offer made by buyers and the acceptance of such offers buy sellers)

 We are responsible for any activity that happens upon completion of the sale and purchase of goods and, services including auctions

 6.2 Mediation from us

 6.2.1 Although we will not indulge in any form of conflicts between users of our sites (including buyers and sellers), we will do our best to mediate should one of the parties do not fulfil their respective obligations, which includes but is not limited to:

 Making payments on buy now items and auctions

Shipments of goods

Provide services

States or quality of the shipped goods

 You hereby agree that sellplusbuy will not be hold responsible nor be sued or forced to meddle in any sort of dispute between users, buyers and sellers

 

7.      Fees/Charges

7.1 Every successful sale on sellplusbuy.co.za is subject to a 5% commission fee as well as 5 South African rand processing fee. This excludes cars and properties categories. Should you not agree to this condition please do not use this website

7.2 We reserve the rights to change our fees, billing rules. Such changes are effective as soon as they are published. Users of sellplusbuy will be informed of the respective changes taking place.

 7.3 We reserve the rights to introduce or withdraw services at our own convenience. Such services may be introduce with their very own fees

 7.4. Any user has the right to sell on this site provided the items and conditions are respected including the fees (commission and processing fees) is agreed with.

 8.      Feedback guidelines

 8.1 Buyers and sellers can only provide feedbacks, ratings and comments after there has been a successful transaction between them

8.2 Feedbacks should be accurate, honest and not manipulative

8.2 Buyers’ feedbacks should provide their overall experience in the comments including details about delivery of goods, quality of goods and services, communication and exchange process

8.3 Sellers’ feedbacks should provide details about overall experience, communication and cooperativeness of buyers.

8.4 The feedback system should not be manipulated by asking friends, family, other users, or using different accounts to increase your overall rating outcome or decrease another user’s one.

8.5 Ratings that are racist, offensive, obscene, threatening, abusive, contain vulgar language, images, videos and links will be removed

 

9.      Feedback Agreements

 

9.1 Feedbacks should be given in compliance with our feedback rules

9.2 By using this website, you agree that feedbacks, rating and comments will be given to you, and we at sellplusbuy.co.za have the right in our sole discretion to remove, unpublished feedbacks if we find it to be untrue or if it is breaking our feedback rules

9.3 If you think, a feedback given to you is not true feel free to contact us and we will do our best to accommodate you. However, by using this website you agree that we are under no obligations to proceed with an investigation in such cases, you also agree that you will not pursue us, or hold us liable whether or not we decide to remove a feedback (comments and ratings) regardless of whether or not you consider such a feedback to be untrue.

 

9.4 Our decision on whether or not a feedback is true is final; we are under no obligation to pursue such matters

 

10.  Payments

 

10.1 Buyers

10.1.1 By making a payment on this website you acknowledge that sellplusbuy will process your payment through Payfast and the 5% commission is not refundable to the seller or buyer unless specifically stated so by us

10.1.2. You acknowledge and consent that Sellplusbuy will process your personal information. With regards to payments and/or transactions made on this website

10.1.3 You understand and agree that sellplusbuy nor Payfast are not banks and the latter is a payment processing system. Sellplusbuy is not as a trustee when it comes to your money Goods and services sale completion

 

10.1.4 Sellers and buyers are notified when a payments has been completed

10.1.5 Buyers and sellers are expected to agree on goods services delivery time and date

Buyers may arrange insurance for the goods purchased

10.1.6 Buyers are expected and required to pay consumption taxes including but not limited to taxed and any other buy costs and duties

10.1.7 Buyers and sellers understand that sellplusbuy may or mynot cinduct credit checks on them from time to time to ensure the safety of this website and its users.

10.1.8 Buyers and sellers are expected to understand and comply with laws of their respective jurisdiction when it comes the sale and purchase of goods and services on this website

 

11.  Sellplusbuy discretion

 

     Sellplusbuy.co.za or the company trading as this name or domain name has the right to:

Without prior notice and refund remove or moderate adverts/listings, bids and items sold by you that are found to be offensive, threatening, abusive, erroneous, misleading, infringing to a third party, may can create liability to us.

Block, blacklist users (including but not limited to sellers and buyers) in any ways we see fits or who use this website unlawfully, manipulatively, are found to be fraudulent without prior notice and refund.

Privacy

      Privacy Policy 

sellplusbuy.co.za or the company trading as this name or domain name will keep private information submitted through this website or its platforms as confidential as possible by not sharing with third parties unless legally obligated to, upon user’s agreement, when a third party involvement is required and when responding to a request of information from users. However, sellplusbuy.co.za may collect, store, process, and retrieve information to perform the following activities:

 

-          Contact users for customer care, permitted marketing or resolve technical issues

-          Improve our services by performing analytics

-          To monitor users activities to create customize experience including advertisements, improve our services, tracking website traffic, perform re-marketing, enforce our terms and conditions and combat fraud.

 Please be informed that when a user registers their email address is automatically added to our newsletter which, they can  freely unsubscribe from at a later stage

By trading (buying and selling) on this website, you may obtain other users information which includes but is not limited to contact details and name. Should this case happen you agree to:

 

Respect the privacy of such information and not use it in an intruding nor inappropriate way such as marketing youself or your products, transeferring the information toe a third and unauthorized party.

Whether received from the respective users or Sellplusbuy, you agree to comply with the provisions of the Protection of Personal Information Act

Sellplusbuy will not be held liable on whether or not:

The user in possession of your information respects your privacy and complies with the Protection of Personal Information Act

To whom or where buyers and sellers sends your information to.

12. Affiliate program

* THE AFFILIATE PROGRAM MENTIONED AND USED ON THIS WEBSITE ONLY APPLIES TO BUYNOW ITEMS AND AUCTION ITEMS WHERE THE BUY NOW OPTION IS SET TO YES DURING THE TIME OF THE PURCHASE

 12.1 Our affiliate program is very easy to understand to read more about it login, go to your profile, click on earn more money as an affiliate situated on the right column. 

This is how it works:

you copy you sponsoring link and share it with as many of your friends and family as possible. When they signup and buy or sell items, you will get between 1% and 2.5 percent depending on the following factors:

- Payment method used: Payfast fees are charged differently depending on which payment method (debit card, credit card, EFT and more ) the seller uses.

- The user to whom the sponsoree buys from or sells to: if the user to who the sponsoree sells to or buys from is also a sponsoree (was invited by another sponsor to join the site) the percentage reward will be split in half between the two separate sponsors

 

12.2 Sellplusbuy has the right in its sole discretion to withhold or deny the percentage reward of the affiliate program if:

 -  A refund has been requested 

 - Sellplusbuy suspects fraud during or after the purchase or sale

 

12.3 The percentage reward can only be offered after 30 days from the day the sale or purchase occurs.