Terms and Conditions

sellzone.co.za

This Agreement is a binding agreement between you and ESCO Traders (Pty) Ltd “the company and sellzone.co.za the site”. It also sets out some of the terms and conditions governing you selling and purchasing goods and services on this Site, so please read it carefully. If you are uncertain, or you do not agree with the terms and conditions or any of the Annexures then you should not accept them.

By entering any and all personal information on this Site in the creation of an item to sell, in registering if needed with sellzone, in making a sale or purchase, you consent to the processing of your personal information by sellzone in terms of the Protection of Personal Information Act.

PART 1: DEFINITIONS

“Sellzone Guidelines” means the guidelines issued by Sellzone from time to time governing the offering for sale and sale of, and the offering to purchase and purchase of, goods and services on this Site;

“Sellzone Payments” means the payment service offered by Sellzone whereby Sellzone acts as an agent collecting funds from Buyers on behalf of Sellers;

“Buyer” means a person, firm or company who purchases, any goods or services offered for sale on this Site;

” Price” means the price specified by the Seller for goods or services offered by the Seller for sale on the site;

“Confirmation Notice” Communication between buyers and sellers via sellzone.

“Indemnified Party” means each of Sellzone, its officers, employees, contractors, consultants and agents from time to time, and any related entities, associates or affiliates of Sellzone, and each of their respective officers, employees, contractors, consultants and agents from time to time;

“Intellectual Property Rights” means industrial and intellectual property whether protected by common law or under statute including (without limitation) copyright and neighbouring rights, all rights in relation to inventions (including registered patents and the benefit of any applications for a patent), plant varieties, plant breeders, registered and unregistered trade marks, registered and unregistered designs including drawings, circuit layouts and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields anywhere in the world;

“Item sales value”means the total value of all items included in an order together with any other additional options selected on such items during checkout, excluding shipping charges or duties.

“Listings” means the offering for sale.

“Personal information” or “Your information” means “Personal information”, “your information” or “information” are used interchangeably in this Agreement and all mean any and all information you provide to us in using this Site including, but not limited to:

• Your registration details including your name, address, telephone and fax numbers;
• Your credit card details or any other financial information;
• Unique identifiers including your company name and VAT number;
• The information that we learn about you as a result of your use of this Site, including without limitation, through the goods and services you post on this Site if you are a Seller and the goods and services you bid for and/or acquire if you are a Buyer;
• The information obtained from you in confirmation of your identity, address and contact information for security and verification reasons;
• That information defined as personal information in section 1 of the Protection of Personal Information Act.

“Seller” means a person, firm, company or entity who offers for sale, or sells goods or services on this Site

“Site” or “Website” means the Internet website by which Sellzone offers the Services from time to time, currently www.sellzone.co.za.

“user” or “users”  any Buyer or Seller, or someone who is otherwise using the Site;

“we”, “us”, “our”, “ourselves” and “Sellzone” are used interchangeably in this Agreement and all mean Sellzone;

“you” or “your” means you, whether as a Buyer and/or you as a Seller, as the case requires, or otherwise, and your successors and permitted assigns;

Payment Details – Buyer

We will never request you “the buyer” to provide your current credit card or bank account details to us at any time if not using the payment gateway, whether before or after any purchase commences in respect of any goods or services, or at any time whatsoever.

By initiating and sending payment through Sellzone or the payment platform on the Sellzone website you acknowledge that Sellzone may obtain the funds per your instructions by debiting a bank account that you designate or charging your credit card. When you send a payment, until that payment is accepted by the recipient (which may occur instantly), you remain the owner of those funds and Sellzone holds those funds as an intermediary, but you will not be able to withdraw those funds or send the funds to any other recipient unless the initial transaction has been concluded.

In providing us with the information you consent to the processing and/or further processing of such personal information by Sellzone in accordance with the Protection of Personal Information Act.

In making use of the Sellzone service and or market place you also acknowledge that (i) Sellzone is not a bank and the Service is a payment intermediary service rather than a banking service.

Sellzone Discretion

We reserve the right in our sole discretion to alter or remove any information or withdraw any goods or services offered for sale by a seller, if:

that information and/or those goods or services, as applicable;

infringe or is suspected of infringing the Intellectual Property Rights of any person (other than the Seller in question); or

may create any liability for us whatsoever;

in relation to the goods and services that’s prohibitit if we are not entirely satisfied that you are legally permitted to offer for sale or sell, those goods and/or services;

it is otherwise in our commercial interests to do so;

we are required by law to do so;

you breach any provision of this Agreement; or

for any other reason whatsoever,

and you irrevocably and unconditionally agree that any rights that you may have had against us in respect of any action we may have taken are hereby waived.

Completion of Sale and Purchase

We will notify the Seller and the successful Buyer of the successful sale (if any) of any goods or services by email, whatsapp or any other means as set out by the buyer and seller.

Following receipt of the Confirmation Notice the Seller and the successful Buyer will be solely responsible for the following matters, including, but not limited to:

implementation of the sale and purchase of the goods or services, including reaching agreement on when risk in relation to the goods or services is passed onto the Buyer, and when title in the goods or services will be delivered to the Buyer;

ensuring they comply with the laws applicable in the jurisdiction in which the Buyer and Seller are located, with respect to completion of the sale and purchase of the goods and services (including without limitation, any formalities required to be undertaken in relation to that sale and purchase as well as the formalities required in terms of the Second Hand Goods Act) and, if the Buyer and Seller are from different jurisdictions, then the governing law of any resultant contract or agreement between the Buyer and Seller will be Gauteng, the Republic of South Africa;

arranging for payment of the goods or services;

arranging any insurance (if any) in respect of the goods or services;

as applicable, agreeing a date for delivery of the goods or services; and

payment of all applicable taxes, duties and costs (including, without limitation, VAT or other consumption taxes and customs and other import duties and tariffs) incurred in connection with the sale and purchase of the goods and services.

We have no involvement in the sale and purchase of any goods and services other than providing a safe pay service for items on sale. and so we will never accept returns of any goods and services purchased on this Site as we are not the Seller. You must therefore direct all enquiries, of whatever nature, including, but not limited to, goods and services being of a defective nature, not fit for a particular purpose, or non-delivery of any goods and services, to the Seller, at whose sole discretion, the goods or services may be replaced or the price refunded.

We confirm delivery of products or items sold to the buyer before releasing funds to the seller. We can only process refunds if the seller of an item does not deliver such item in a timely manner.

PART 2: GENERAL TERMS AND CONDITIONS

Sellzone May Change These Terms and Conditions

We have an absolute discretion to change the terms of this Agreement at any time. If we do so, we will post details of any changes on this Site that will be effective forthwith.

By accepting this Agreement and any notifications of changes to this Agreement, you also agree to accept and be bound by any changes made by us. In any event, your continued use of the Services after any changes to the terms of this Agreement have taken effect will be deemed to be your acceptance of those changes to the terms of this Agreement.

Compliance with These Terms and Conditions

You agree to promptly inform us of any breach by you of the terms of this Agreement and of any conduct of another user that you think may be a breach of this Agreement, whether the conduct has ceased, is continuing, or may occur in the future.

You agree that we may and will monitor your conduct if we believe that you are not complying with the terms of this Agreement. If we do, then we will respect your confidentiality, unless:

-doing so would or could implicate us in criminal behaviour, a civil wrong, or any other claim by a person for which we may have to pay compensation;

-the law compels, requires, or makes it prudent and desirable for us to divulge or disclose the information we hold or know or any documents we possess; or

-we consider it necessary or desirable to make disclosures to preserve or enforce our interests or rights.

-If we believe, whether or not we have conducted any monitoring, that you are not, or may be in danger of not, complying with any of the provisions of this Agreement, then we may send you a warning asking you to rectify your conduct (although we will not be obliged to do so).

If you:

-infringe or are suspected of infringing the Intellectual Property Rights of any other person;

-are suspected of having, or are found by conviction, settlement insurance or escrow investigation or otherwise, to have engaged in any fraudulent or other criminal activity in connection with this Site or any other web site; or

otherwise breach this Agreement, we may, in our absolute discretion:

-withhold from you, your use of any or all of the Services;

-delete or remove, without incurring any liability to you, any or all of your information and block in-coming and out-going data or message transfers;

-restore the Services if and when you can demonstrate clear and complete adherence to the terms of this Agreement on a permanent and consistent basis; and

-terminate the Agreement that we have entered into with you, and cancel our obligations to provide the Services, if we are not satisfied that you will clearly and completely adhere to the terms of this Agreement, on a permanent and consistent basis, if the Services are restored to you.

Use of Site

In using this Site, you must not:

-illegally copy, store, use, alter, modify, impair, interfere with or attempt to interfere with, or distribute software or other data;

-alter, damage, destroy, erase, interfere with or attempt to interfere with, or infect our files, data and other computer systems and network resources or those of other users or any other person, or access, copy, modify, remove or impair the reliability, security or operation of, any data or files or other information stored in these systems or network resources;

-impair the electronic communications to or from, or interfere with or obstruct the lawful use of, or otherwise cause any unauthorised computer functions to our computer systems or those of other users or any other person;

-offer, sell, any prohibited goods or services.

-offer, sell, export, or import any goods and services if this breaches any law applicable to you; and

-engage in any practice or conduct that is unlawful under any laws applicable to you;

-copy, modify, or distribute rights or content from our sites, services or tools or Sellzone copyrights and trademarks;

-collect information about users (including email addresses), products listed or sales activities conducted on Sellzone.

Any links or references (direct or indirect) to other web sites on this Site are provided for your convenience only and do not, and are not an express or implied endorsement by us, of those web sites, or the products and services contained on those web sites.

The information and material contained on this Site has been prepared in accordance with the laws of the Republic of South Africa for use in the Republic of South Africa only. It may not comply with the laws of any other country. We make no representation that the information and material contained on this Site complies with the laws (including any intellectual property laws) of any country other than the Republic of South Africa. If you choose to access this Site from outside the Republic of South Africa, you do so at your own risk and will be responsible for ensuring compliance with the laws of the country in which you are located.

Using information about other Sellzone users –

-You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, The Protection of Personal Information Act and other data protection laws) and only for:

• Sellzone-transaction-related purposes that are not unsolicited commercial communications;
• using services offered through Sellzone; and
• other purposes a user expressly agrees to.

You agree to respect other users’ privacy and disclose your privacy and security policies to them. By law, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.

Notwithstanding, and in addition to any other provision of this Agreement, you agree to comply with any laws applicable to you when using this Site and the sale or purchases of goods or services that you undertake as a result of using this Site.

You agree not to harass, intimidate or threaten any of the Sellzone staff or any users of the Sellzone website in any way or form and failure to do so may, in Sellzone’s sole discretion, result in the cancellation or restriction of your Sellzone service.

1Entering into this Agreement

You represent and warrant to us:

-if you are an individual that you are eighteen (18) years of age or over and of full legal capacity and thus capable of entering into this Agreement and performing your obligations under this Agreement; or

-if you are a juristic entity:

-that you are duly incorporated and have been issued with a certificate of commencement of business and have the power to own/sell property; and

– entering into this Agreement does not violate your Constitution; and

-you have the power and have taken all corporate and other action required to enter into this Agreement and to authorise entering into this Agreement and performing your obligations under this Agreement.

Transactions in case of a minor

-If you are under 18 years of age or if you are not legally permitted to enter into a binding and enforceable agreement, then you may not make use of the services of Sellzone, unless you are duly supervised by and you have obtained the consent of your parent or legal guardian or spouse.

-If your parent or legal guardian supervises you and gives his/her consent, then such person hereby agrees to be bound and to be liable and responsible for you and for all your obligations or duties in terms of the agreement entered into between yourself and Sellzone.

– We strictly reserve our rights to refuse our service, terminate/suspend your account or cancel orders, should Sellzone, in our sole discretion find that you have failed for whatsoever reason to comply with the aforementioned provisions or the remaining provisions of these terms and conditions, without prejudice to any other rights that we may have at law.

-To the extent that you utilize our services, we shall deem it that you were / are supervised by and that you have obtained the consent of your parent or legal guardian or curator or trustee. The onus to prove that you were not supervised or did obtain the requisite consent shall rest with you.

Licence of, and Use of, your Information

You hereby grant to us a non-exclusive, irrevocable, worldwide, perpetual, royalty-free right to exercise the Intellectual Property Rights you have in your information, in whatever medium.

-We agree to use your information only in accordance with our Privacy Statement. If you do not agree with the terms of the Privacy statement please do not accept these terms and conditions.

-We further agree and/or undertake to process your personal information in accordance with the provisions of the Protection of Personal Information Act.

Disclaimer and Limitation of Liability

Notwithstanding, and in addition to any other provision in this Agreement, you agree that we will not be liable to you or any other person for any loss, damage, expense, or other amounts incurred, savings foregone, or hardship suffered, by any person however arising (including where the cause cannot be determined), or whether it arose directly or indirectly from any authorised or unauthorised use of, access to, reliance on, or any inability to use or access this Site, the Services, or as a consequence of such use, access, reliance, or inability to access, including, but not limited to any loss relating to one or more, or a combination, of the following:

– a failure, or error in the operation, of all or any part of this Site, our computer systems, network resources, the Services, or any other computer systems or network resources to which they may be connected or upon which they may rely, or the taking offline of any of those computer systems or network resources for any reason;

– any circumstances which produce or have the consequence of producing a degradation, fall-off, or complete severance of access to this Site or network resources or any other computer systems or network resources to which they may be connected by any person;

– whether we or another person could have foreseen such a loss or type of loss, or were negligent or reckless, whether or not the loss was suffered in connection with a business or commercial enterprise, including, but not limited to, any economic or consequential loss or damage, any and all damage to, or loss of, any equipment, property, data, or other information possessed by you or any other person, any loss of profits, and any losses relating to contracts, business, revenue, goodwill, or any anticipated savings;

– any personal losses or hardship, stress and anxiety, nervous shock, or other personal suffering or condition;

– any errors or omissions in any documentation or other literature provided by us, any errors or omissions in any data, on this Site, or any breach of contract or negligence on the part of us, our employees, agents or authorised representatives;

– any reliance on, the information and material contained on this Site about any goods and services or any other information or material whatsoever, or any information and material contained on, and the privacy of, web sites linked to this Site;

-any conduct, act or omission, whether negligent, reckless, or otherwise, whether within any actual, ostensible, or apparent authority or not, at all on the part of our employees, agents, or authorised representatives.

– any decision to hold an inquiry or not hold an inquiry into an alleged breach on the part of one of the users.

To the extent permitted by law, all terms, conditions and warranties or representations, or representation whether express, implied, statutory, common law or otherwise relating to the Services or anything in these terms and conditions, are excluded unless expressly included in this Agreement.

If any legislation or law implies in this Agreement any term or warranty and also prohibits provisions in a contract excluding the application of or exercise of that term or warranty then, to the maximum extent permitted by law, our liability for a breach of such a term or warranty will be limited, at our option to any one or more of the following:

– if the breach relates to goods:

– the replacement of the goods;

– the repair of such goods;

– the payment of the cost of replacing the goods; or

– the payment of the cost of replacing the goods repaired.

Release and Indemnity

Notwithstanding, and in addition to any other provision in this Agreement, to the maximum extent permitted by law, you agree to release from, and indemnify, each Indemnified Party, against, any claims, losses, liabilities, suits, demands, proceedings, costs or expenses (including legal costs on a full indemnity basis) directly or indirectly related to, or, arising out of:

– your use of the Services;

– your offering for sale and the sale of, the purchase of, any goods and services as a result of using the Services;

– the reproduction, broadcast, transmission communication or making available of any information or material (including credit card details) by us or any users (other than you) made available by use of the Services;

– any alleged breach of a person’s rights (including, but not limited to, defamation or misleading or deceptive conduct) by a communication, broadcast or transmission made available by means of the Services; or

– any claim by any person arising out of, or in connection with any cessation (temporary or permanent) of the supply of the Services in accordance with this Agreement.

The indemnity does not extend to:

– expenses incurred by us that are unreasonable; or

– losses occasioned by us as a result of this Agreement proving not to be profitable to us.

Disputes

The procedure for resolving a dispute is as follows:

– either you or Sellzone may give notice to the other about the nature of the dispute (” Notice “) and you and Sellzone will seek to negotiate a settlement within 14 working days of receipt of the Notice;

It is important to understand and waiver Sellzone;

1. We don’t pay the seller before the buyer receives and is satisfied with the product obtained on the site or directly from the seller of such a product.
2. If the buyer does not receive a product bought from the seller or the Sellzone site, a refund will be processed back to the buyer as a result of a failed or un-concluded transaction.

Disputes can therefore primarily arise from delivery issues in which case both the buyer and seller will have the guarantee of no loss of funds paid or products lost.

You shall be liable for all costs incurred by us in the enforcement of any rights which we have in terms of this Agreement or in the recovery of any monies due to us, including collection charges and costs on an attorney and own client scale and costs of counsel as on brief whether incurred prior to or during the institution of legal proceedings or if judgement has been granted in connection with the satisfaction or enforcement of such judgement against you.

Entire Agreement

– Subject to you also concluding the Sellzone User Agreement and utilizing any facility, this Agreement constitutes the entire Agreement between you and Sellzone.

– Unless the context indicates otherwise, this Agreement incorporates all other Agreements between the parties. Should there be any conflict between any other agreement and this Agreement, the provisions of this Agreement shall prevail.

Remedies Cumulative

All rights and remedies provided in this Agreement are cumulative and are not exclusive of any rights or remedies provided by law. A notice dealing with amendments or variations or updates of this Agreement will be posted on our website .It is your duty and responsibility to familiarize and understand the amendments or variations or updates. By continuing to use our services, you are deemed to have accepted the amendment, variation or update as binding on you.

Relationship Of Parties

Nothing in this Agreement shall be deemed to constitute any party as the agent, partner or joint venturer of another party.

Further Assurances

A party shall take all such steps, execute all such documents and do all such acts and things as may be reasonably required by another party to give effect to any of the transactions contemplated by this Agreement.

Non-Waiver

Other than as otherwise specified in this Agreement, neither the failure of a party to enforce at any time any of the provisions of this Agreement nor the granting of any time or other indulgence shall be construed as a waiver of that provision or of the right of that party thereafter to enforce that or any other provision.

Governing Law

– This Agreement will be governed by the laws in force in the Republic of South Africa and each party unconditionally submits to the non exclusive jurisdiction of the court of the Republic of South Africa in relation to any legal action, suit or proceedings arising out of or with respect to this Agreement.

– the parties submit to the jurisdiction of the High Court of South Africa, South Gauteng High Court and the parties submit to the jurisdiction of the Magistrate’s Court or the Regional Court irrespective of whether the amount claimed by us exceeds the applicable monetary limit allowed to institute a claim in the Magistrate’s Court or Regional Court.

Further terms of service:

Direct Buyer acceptance: Upon the Buyer’s acceptance of the Goods and completion of the relevant transaction prior to expiry of the Dispute Window. In these circumstances the Goods are in possession of the Buyer and the funds held in Esco Traders (Pty) Ltd Account will be released to the Seller, thereby completing the transaction.

Deemed Buyer acceptance: If, upon expiry of the Dispute Window, the Buyer has failed to indicate acceptance of the Goods or raise a dispute. In these circumstances, Users acknowledge and agree that Sellzone is entitled to assume that the Buyer accepts the Goods. As such, the funds will be released to the Seller, thereby discharging Sellzone’s obligations in relation to the transaction.

Return Goods: In the event that a Buyer fails to either take delivery of the Goods at the Buyers chosen Delivery Address, or fails to collect the Goods from the designated Collection Point, and such Goods are successfully returned to the Seller, the funds will be returned to the Buyer, thereby cancelling the transaction.

Dispute resolution: Upon receipt of confirmation by Sellzone of the fact that a dispute between the Parties has been resolved and the funds may be released to the relevant User. In these circumstances, the facts surrounding the dispute and the outcome of the dispute will determine to which Party the funds will be released, as well as whether any fees, charges or penalties are to be deducted prior to such release of funds.

“Services” shall mean the Services associated with the use of the Sellzone Platform and offered by Sellzone to Users, including Paid Services and the ability for Users to (a) seek verification, (b) to communicate with one another via various potential channels, (c) to promote certain Goods and Services to other Users, (d) to transact and conclude independent agreements with one another, (e) to procure the transport and delivery of Goods and Services through the use of approved Service Providers, (f) to procure insurance for the transport and delivery of Goods and Services, (g) to procure payment for Goods and Services through the use of approved Service Providers, and (h) to enable Buyers and Sellers to communicate with one another for purposes of refunds, returns and dispute resolution.

“Trigger Event(s)” means an event which will act as a signal for Sellzone and/or a Service Provider to perform their duties relating to the transaction and the Services. Trigger Events will include as a minimum:

• When funds have been received from the Buyer.
• When the Buyer accepts the Goods and/or Services.
• Upon the Deemed Delivery Date of any Goods.
• Upon expiry of the Dispute Window.
• When a Party raises a dispute in relation to a transaction.
• If the Parties are unable to resolve a dispute within the relevant time periods.
• If a Party fails to adhere to the provisions of these T’s and C’s or associated Platform Policies.
• If a Party abandons any Goods by failing to either take delivery of such Goods or collect them in circumstances where they are returned.
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• About the Services

The Services enable Users to engage in the following activities and by accepting these T’s and C’s, you acknowledge and agree that there are risks associated with using the services of an online marketplace and engaging with other Users:

• Promote Goods and Services to the community of Sellzone Platform Users;
• Engage in pre-sale contract negotiations with other Users on matters such as the specification, price and delivery of Goods and Services;
• Engage in post-sale interactions with other Users on matters such as refunds, returns and dispute resolution;
• Conclude agreements with one another in relation to the supply and procurement of Goods and Services;
• Facilitate payment and procure the delivery of Goods and Services; and
• Make use of specialised Services and features of the Sellzone Platform which are available from time to time.

• Platform Services

Relationship between Sellzone and Users

Depending on the circumstances, Sellzone (and in certain instances may act as the agent or broker of the Buyer and/or the Seller. Circumstances in which this would be the case include, but are not limited to:

• Acceptance by the Buyer

In circumstances when the Buyer has accepted the Goods and/or Services offered by the Seller, the Buyer may instruct Sellzone to release the funds to the Seller. In these circumstances, Sellzone and/or the relevant Service Provider will be acting as the agent for the Buyer in taking instruction and effecting payment to the Seller.

• Refund by the Seller

In certain circumstances the Buyer and Seller may agree to change the terms and conditions of their underlying transaction by agreeing that a portion of the funds are to be returned to the Buyer. In these circumstances, the Seller instructs Sellzone to approve the change to the terms of the underlying transaction and pay a refund to the Buyer. Sellzone and/or the relevant Service Provider will in these circumstances be acting as the agent for the Seller.

• Posting and User Transacting

The Sellzone Platform offers Services which enable Users to promote certain Goods and Services in accordance with our terms and conditions as well as engage and transact with one another and certain Service Providers under certain circumstances. The use of the Services which enable Buyers to view postings of Sellers and for Buyers and Sellers to interact and transact with one another, is entirely at their own risk.

By making use of the Services and accepting these T’s and C’s, Users expressly acknowledge that the Services are provided on the basis that Sellzone does not assume the role of the supplier of any of the Goods and Services promoted by Sellers to Buyers. Sellzone merely enables Buyers and Sellers to engage, conclude transactions, facilitate payment and manage disputes under certain circumstances. At no point in time does Sellzone assume the role of either Buyer or Seller in respect of the transactions concluded between Users.

When Buyers and Sellers agree on the terms of the underlying agreement between them, including pricing, payment and delivery for any Goods or Services, there are various options available for completing transactions and facilitating payment and delivery. If a Buyer and Seller agree to further transact outside of the use of any available Services provided by Sellzone to facilitate User transactions (such as for instance by making cash payments or other agreed upon payment and delivery methods) such Users expressly agree that the terms and conditions of any such transaction, including the terms and conditions relating to payment, delivery, returns, refunds, product liability and dispute resolution, are directly agreed to between such Buyer and Seller. Sellzone at no point becomes a party to that transaction or facilitates it in any manner whatsoever. As such, Sellzone cannot assist in respect of certain matters, including, but not limited to returns, refunds, product liability matters or dispute resolution. Furthermore, Users acknowledge that in relation to transactions of this nature, Sellzone cannot be held liable for any claims that may arise as a result.

User Transactions

When entering into transactions, the underlying terms of the transaction must be provided by the Users and documented when they post Goods and Services for sale. The underlying terms will deal with, amongst other material aspects, the following:

• The details of the transaction;
• A clear description of the Goods and/or Services;
• The terms and conditions which relate to the payment and shipping;
• The agreed period for the Buyer to inspect any Goods and communicate their acceptance; and
• Relevant contracts, files, photos and documents that relate to the transaction between Users.

Users must indicate whether they agree to a particular transaction and accept the transaction’s terms and conditions by agreeing to the terms and conditions on the Sellzone Platform. Users are required to accept the transaction for it to constitute a binding agreement between them. The status of the transaction will be displayed on the Sellzone Platform as “Accepted”.

Buyer Acceptance

During the agreed period for the Buyer to inspect the Goods and/or Services, the Buyer shall either:

• Accept

The Buyer shall accept the transaction and failure to log a dispute within the Dispute Window shall serve as sufficient notice of the fact that the Buyer has accepted the Goods and/or Services, and that the payment process has been initiated.

• Negotiate

The Buyer may elect to renegotiate certain terms in the event that there must be a change to their performance of the underlying contract. Should the Seller not agree to renegotiated terms, the transaction will revert to the state it was in prior to the Buyer making such a selection.

• Dispute

The Buyer may select to log a dispute in relation to the transaction and notify the relevant Parties of the fact that they do not accept the Goods and/or Services and have initiated a dispute.

If, upon expiry of the Dispute Window, the Buyer has failed to notify Sellzone that they have either accepted the Goods, or that they intend to raise a dispute in respect of the transaction, Sellzone is entitled to assume that the Buyer accepts the Goods, thereby triggering release of the funds to the Seller.

Refunds to Buyers

Sellzone wants you to be satisfied with your experience, as well as with your purchase. As such, Sellzone has positioned its Services in a manner that supports Users to resolve certain disputes between them and consequently enable refunds under specific circumstances.

Refunds when using the Sellzone (Esco Traders Pty) Ltd service.

Failure of Seller to initiate delivery of Goods and/or Services

If a Seller does not give effect to the delivery of the Goods and/or Services within either 7 (seven) calendar days or any other number of days as agreed by the Parties from the time that the Parties have been notified that the funds have been received by Esco Traders (Pty) Ltd and are held in the Account, then the Buyer is entitled to request a refund of the funds.

Sellzone will support a refund to the Buyer after notifying all relevant parties and deducting relevant fees. It is important for Users to note that any delivery fee paid by a Buyer is non-refundable if a delivery took place.

Disputes

Should the Buyer reject the Goods and/or Services and initiate a dispute, the Parties can agree to revised transaction terms which may have an impact on the settlement price. This may also result in either a partial or full refund to the Buyer, net of relevant fees.

Legal

Upon written instruction by either a registered arbitrator or a South African court of law, the Buyer may be entitled to either a partial or full refund, net of the relevant fees and exclusive of the delivery fees paid by the Buyer, which are non-refundable.

Returns

Returns when using Sellzone’s service.

If a transaction is subject to a dispute in terms and it is agreed that the Goods are to be returned to the Seller, the Buyer shall be responsible for the return of the Goods to the Seller at the Seller’s chosen location. The Buyer agrees to initiate delivery of the Goods to the Seller within 5 Business Days from when being informed that the Goods are to be returned to the Seller.

The Seller will be entitled to an inspection period, for rejected Goods, of 24 (twenty-four) hours or as mutually agreed. This period will start when:

• The Seller acknowledges receipt of the Goods; or
• Sellzone receives a verification of delivery.

If the Seller rejects the Goods, the transaction will remain in a “dispute” status and the funds will be held in the account until such a time as the dispute is resolved, and the Parties will have 10 (ten) Business Days to resolve the dispute and indicate on the Sellzone Platform that the dispute was resolved. The Seller may only reject the Goods if the Goods have not been received in the same condition as they were sent. If the Seller fails to reject the Goods within 24 (twenty-four) hours, it will be deemed to have accepted the Goods and the funds will be released to the Buyer.

Indemnification

Although Sellzone will do everything reasonably within its power to ensure the integrity of the Services and the operational stability of the Sellzone Platform, the User accepts that Sellzone may not be in control of all the circumstances surrounding the provision of Services.

Sellzone shall not be held liable for any direct or indirect damages or losses suffered as a result of any incorrect, inaccurate or late provision of the Services in the event that the Sellzone Platform may be temporarily unavailable or dysfunctional.

Sellzone shall not be liable for any direct or indirect damages or losses suffered by the Users or any third party as a result of its failure to perform due to any act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, any act of default of any supplier, agent, sub-contractor or Service Provider, industrial disputes, political or labour unrest, technical problems affecting the Services.

The User indemnifies Sellzone, Esco Traders (Pty) Ltd and its affiliates, agents and Service Providers, as well as their officers, directors, employees, assigns, representatives and shareholders against any and all claims, damages, losses, obligations, costs (including, without limitation, attorneys’ fees on the highest permissible scale), penalties and/or any other expense that may result from or otherwise be related to any access to or use of the Sellzone Platform or the Services, as well as any legal action, administrative action or sanction imposed or instituted by any third party or authority as a result of the fact that the User contravened or in any other manner violated any Applicable Laws or the provisions of these T’s and C’s. This defence and indemnification obligation shall survive the termination, modification or expiration of the agreement arising from the acceptance of these T’s and C’s.

The use of the Sellzone Platform is limited to Users capable of lawfully entering into a binding agreement, in respect of the Services, under the laws governing the use of the Platform and Services, for and on behalf of the User.

This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between Users and Sellzone.

Liability

Sellzone does not act as a supplier as contemplated in terms of Applicable Laws and is not the party marketing the Goods or Services. Sellzone is simply the provider of the Sellzone Platform and the Services. Sellzone does not actively monitor data or content and we are not involved in the actual transactions between Users. 

As most of the content on the Sellzone Platform comes from Users, Sellzone does not guarantee or give any warranty or make any representation as to the accuracy and content of postings or user communications or the quality, safety, or legality of what’s offered, or with regard to the legal capacity of the Users that may conduct or complete any transaction.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Services, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

In light of the above, Sellzone does not guarantee that (i) the Services; (ii) the information, content, tools or materials included on the Sellzone Platform; (iii) Sellzone’s servers; or (iv) that any electronic communications sent by Sellzone will be free from defects, viruses or other harmful components. Sellzone shall not be liable under any circumstances and in any jurisdiction for any direct, indirect, punitive, incidental, special or consequential damages, whether foreseeable or unforeseeable and irrespective of whether or not Sellzone has been advised of the possibility of such damages, based on claims arising out of or in any way connected with Sellzone, the Services or the Sellzone Platform.

Although Sellzone are committed to providing Users with the best possible Services, Sellzone shall not be responsible for:

• any of the events described in this clause;
• any actions or omissions by the User that result in a breach of the provisions of these T’s and C’s.
• any links to other websites, mobile applications or digital interfaces from the Sellzone Platform. The User also acknowledges that Sellzone cannot control the content of or the quality or the Goods and Services offered by other Users and by Service Providers;
• a denial of access to the Sellzone Platform or the Services, should Sellzone believe or have reason to believe that the User is conducting activities that are illegal, abusive, would attack the integrity of the Sellzone Platform or put Sellzone in disrepute;
• the User’s reliance on any of the Services, information, content, tools or materials that the User obtains or gains access to from the Sellzone Platform;
• any instance where the delay in delivery of the Services are attributed to poor network connectivity on the part of the User; and
• any instances where the delivery of the Services is delayed as a result of any act and/or omission on the part of the User, such as for instance embedding the incorrect details in the requisite fields on the Sellzone Platform.

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, delict, negligence, strict liability in delict, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, or (b) 100 South African Rand (ZAR).

Assumption of Risk

You acknowledge and agree that there are risks associated with utilizing an internet-based marketplace and interacting with other Users via use of the Services or in person. We do not investigate or verify any User’s reputation, conduct, morality, criminal background, or any information Users may submit through the use of the Services (other than in connection with the verification features mentioned herein). You are solely responsible for taking all necessary precautions when interacting with other Users, particularly when meeting in person for the first time. It is possible that other Users may attempt to physically harm or defraud you or obtain information from you for fraudulent purposes. You are solely responsible for, and assume all risks related to, selling and buying through the use of the Services (including all online and offline interactions with other Users).

Notices

You choose your domicilium citandi et executandi (“domicilium”) for the purposes of giving any notice serving any legal process and for any other purpose arising from this Agreement at your addresses, e-mail as set out in your application to sell or buy on this site.

Queries

Any query or concern you might have should be sent to us in writing via email: support@sellzone.co.za.