Terms and Conditions

1. About Thesouthmart

1.1 Company Information

Thesouthmart.co.za ("Thesouthmart," "we," "us," or "our") is an online retail store and marketplace that sells refurbished and second-hand goods sourced from verified sellers across South Africa. Customers purchase directly from our platform, and we handle payment processing, fulfillment coordination, and customer support.

1.2 Operating Entity

Thesouthmart.co.za is owned and operated by Vhathenzheni General Solutions (Pty) Ltd, Company Registration Number: 2019/014324/07, a company registered in South Africa.

1.3 Agreement to Terms

By registering for, accessing, or using Thesouthmart.co.za, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy. These terms constitute a legally binding agreement between you and Thesouthmart.

2. Definitions

"Account" means your registered user account on Thesouthmart.

"Customer" means a person who purchases products through Thesouthmart.

"Content" means all text, images, videos, data, and other materials on the platform.

"Seller" means an individual or business that submits products to Thesouthmart for listing and sale on the platform.

"Transaction" means any purchase made through the platform.

"User" means any person who accesses or uses Thesouthmart, whether as a customer, seller, or visitor.

3. Eligibility and Account Registration

3.1 Age Requirement

You must be at least 18 years of age to register, access, or use Thesouthmart. By using our services, you represent and warrant that you are 18 years or older and have the legal capacity to enter into this agreement.

3.2 Account Registration

To access certain features of Thesouthmart, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate and complete
• Not impersonate any person or entity or misrepresent your affiliation with any person or entity

3.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong and secure password
• Notify us immediately of any unauthorized use of your account
• Not share your account credentials with any third party
• Always log out of your account at the end of each session, especially when using shared or public devices.
• Do not save passwords in browsers on shared or unsecured computers. Ensure that your login credentials are not stored or automatically filled on devices that others can access.

Thesouthmart will not be liable for any loss or damage arising from your failure to protect your account credentials or from unauthorized access to your account.

3.4 Account Suspension and Termination

We reserve the right to suspend, restrict, or terminate your account at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms and Conditions
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• At our sole discretion to protect the integrity of our platform

If we terminate your account for breach of these terms, you may not re-register without our express written consent. If you have paid for services not yet received and have not breached these terms, we will provide a pro-rata refund.

3.5 Account Cancellation

You may cancel your account at any time by contacting us at [email protected]. Upon cancellation, your right to use the services will immediately cease, though certain provisions of these terms will survive termination.

4. Use of Thesouthmart

4.1 Our Role

Thesouthmart acts as the merchant of record for all transactions on the platform. We sell refurbished and second-hand goods sourced from verified sellers across South Africa. When you purchase from Thesouthmart, you are purchasing directly from us. We are responsible for:

• Listing and presenting products on the platform
• Processing payments securely
• Coordinating fulfillment and delivery
• Handling customer support and dispute resolution
• Managing returns and refunds in accordance with our policies

4.2 User Responsibilities

As a user of Thesouthmart, you agree to:

• Comply with all applicable local, national, and international laws and regulations
• Conduct yourself in a professional and courteous manner
• Provide accurate and truthful information in all interactions
• Honor all commitments and agreements made through the platform

4.3 Prohibited Activities

You may not use Thesouthmart to:

• Engage in fraudulent, deceptive, or misleading practices
• Harass, threaten, or abuse other users or our staff
• Circumvent or manipulate our fee structure or billing processes
• Post false, inaccurate, or misleading content
• Infringe upon intellectual property rights of others
• Transmit viruses, malware, or other harmful code
• Scrape, data mine, or harvest information from the platform without permission
• Use automated systems (bots, spiders, scrapers) to access the platform
• Attempt to gain unauthorized access to any part of the platform
• Interfere with or disrupt the platform's operation or servers

4.4 Third-Party Links

Thesouthmart may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

4.5 Platform Availability

We reserve the right to modify, suspend, or discontinue any aspect of Thesouthmart at any time, with or without notice. We may restrict access to certain areas or features for maintenance, updates, or other reasons.

5. Seller Obligations

5.1 Product Submissions

Sellers who submit products to Thesouthmart for listing must ensure that all submitted items are refurbished or second-hand goods, and that they:

• Are accurately described with clear, representative images
• Are in the condition stated at the time of submission
• Comply with all applicable laws and regulations
• Are free from any legal encumbrances or third-party claims
• Are not stolen, counterfeit, or obtained through unlawful means

5.2 Fulfillment

Sellers are responsible for:

• Delivering products to the designated dispatch point in a timely manner
• Packaging products securely and appropriately
• Ensuring products match the submitted description and images

5.3 Compliance

Sellers must comply with all Thesouthmart seller guidelines, which may be updated from time to time. Thesouthmart reserves the right to remove any product listing or suspend any seller account that does not meet our standards.

5.4 Seller Verification and Identity Requirements

Before any seller account is approved and before any products may be listed on the platform, sellers are required to complete a verification process. This is a mandatory requirement and no seller may list products on Thesouthmart without successful verification. As part of this process, sellers must provide:

• Full legal name as it appears on a government-issued identity document
• A valid South African ID number or passport number
• A clear copy of a valid government-issued identity document (South African ID card, ID book, or passport)
• Proof of residence not older than three months (e.g. utility bill, bank statement, or municipal account)
• A valid South African bank account in the seller's name, confirmed by a bank-issued document or stamped letter
• A valid South African contact number and email address
• For businesses: company registration documents (CK/CIPC certificate) and proof of the authorised representative's identity

Thesouthmart reserves the right to request additional documentation at any time to verify identity, ownership of goods, or compliance with applicable laws. Failure to provide the required documentation will result in account suspension or termination.

By submitting your details, you consent to Thesouthmart verifying your identity and information through available means, including but not limited to third-party verification services, and to the retention of your documentation in accordance with our Privacy Policy and applicable law.

5.5 Second-Hand Goods Act Compliance

Thesouthmart operates in accordance with the Second-Hand Goods Act, 2009 (Act No. 6 of 2009), as it applies to the buying and selling of second-hand and refurbished goods. In compliance with this Act:

• Sellers of second-hand or refurbished goods must provide valid identity documentation before any goods may be accepted for listing
• Thesouthmart maintains records of all sellers and transactions involving second-hand goods as required by law
• Thesouthmart has submitted its application to the South African Police Service (SAPS) for registration as a Second-Hand Goods Dealer, and operates in accordance with the requirements of that Act pending confirmation of registration
• Sellers may not list items that are known or suspected to be stolen, and doing so constitutes a criminal offence under South African law
• Thesouthmart cooperates fully with SAPS and other law enforcement agencies and will provide seller records when lawfully required to do so

Sellers who list second-hand or refurbished goods acknowledge and accept these compliance obligations as a condition of using the platform.

5.6 Prohibited Items

The following items may not be listed on Thesouthmart under any circumstances:

• Stolen goods or goods obtained through unlawful means
• Counterfeit, replica, or fake branded goods
• Items that require a licence or permit to sell, where the seller does not hold the required licence
• Weapons, ammunition, or controlled substances
• Items prohibited under South African law
• Items subject to a court order, embargo, or legal dispute

Listing prohibited items may result in immediate account termination and referral to law enforcement.

6. Customer Obligations

6.1 Payment

Customers agree to pay for all items purchased, including applicable taxes and shipping fees. All payments must be made through approved payment methods on the platform.

6.2 Accurate Information

Customers must provide accurate delivery information and contact details to ensure successful order fulfillment.

6.3 Product Inspection Window

Upon delivery, customers have a default inspection window of 1 calendar day to inspect the item and report any issues. Customers who purchase Inspection Cover at checkout are granted an extended inspection window of 4 calendar days from the date of delivery. After the inspection window expires, the transaction is considered complete and funds are released. No disputes or returns will be accepted after this window has closed.

7. Pricing and Payments

7.1 Product Pricing

All prices are set by Thesouthmart and listed in South African Rand (ZAR) unless otherwise specified. Prices are subject to change without notice, but changes will not affect orders already placed and confirmed.

7.2 Service Fees

Thesouthmart may charge fees for certain services, including but not limited to transaction fees or premium features. All applicable fees will be clearly disclosed before you incur them.

7.3 Payment Processing

Payments are processed securely through approved payment processors. You agree to comply with the terms and conditions of these payment processors. Thesouthmart is not responsible for payment processing errors or delays caused by third parties.

7.4 Taxes

Thesouthmart is responsible for collecting and remitting applicable taxes on sales made through the platform. Prices displayed may or may not include VAT as indicated at checkout.

8. Escrow and Payment Processing

8.1 How Escrow Works

All payments on Thesouthmart are processed through a secure third-party escrow service (TradeSafe). When a buyer completes payment, funds are held in escrow and are not released to the marketplace until the transaction is confirmed as complete. This protects buyers by ensuring funds are only released once delivery and inspection obligations are met.

8.2 Fund Release

Escrow funds are released to Thesouthmart upon expiry of the buyer's inspection window, provided no dispute has been raised. Thesouthmart then processes seller payouts in accordance with Section 9. If a dispute is raised within the inspection window, funds remain held in escrow until the dispute is resolved.

8.3 Non-Refundable Fees

Delivery fees and Inspection Cover fees are non-refundable in all circumstances, including in the event of a return. These fees cover services already rendered and will not be returned to the buyer regardless of the outcome of any dispute or return. If a buyer is refunded, only the product amount will be returned.

9. Seller Payments and Withdrawals

9.1 Seller Earnings

Sellers earn the proceeds from the sale of their items minus any applicable platform fees. Earnings are tracked in the seller's dashboard and become available for withdrawal once the buyer's inspection window has expired and no dispute has been raised.

9.2 Withdrawal Requests

Sellers may request a withdrawal of their available balance at any time through the seller dashboard. Thesouthmart will process withdrawal requests and transfer funds to the seller's registered bank account. Processing times may vary.

9.3 Payment Hold

Seller payments may be withheld or delayed in the event of an open dispute, damage claim, or platform investigation relating to an order. Thesouthmart reserves the right to hold funds for the duration of any investigation.

10. Order Cancellation Policy

10.1 Seller Acknowledgment

Sellers are required to acknowledge orders within 3 calendar days of the order being placed. If a seller fails to acknowledge an order within this period, the order will be automatically cancelled, the buyer will receive a full refund, and the seller's account may be flagged or suspended.

10.2 Seller Drop-Off Obligation

Once an order is acknowledged, the seller must drop off the item at the designated Courier Guy locker point within 2 calendar days of acknowledgment. Failure to do so will result in automatic cancellation of the order, a full refund to the buyer, and cancellation of the shipment booking. Repeated failures may result in account suspension.

10.3 Automatic Cancellations

Thesouthmart operates automated order management systems. Orders that are not fulfilled within the required timeframes are cancelled automatically. Sellers will receive notifications of any cancellations. Thesouthmart is not liable for losses resulting from automatic cancellations caused by the seller's failure to meet fulfillment obligations.

11. Returns, Refunds, and Disputes

11.1 Return Policy

Customers may initiate a return by opening a dispute through their order page within the inspection window (see Section 6.3). Returns are only accepted within this window. No returns will be accepted after the inspection window has expired.

11.2 Return Process

If a return is approved, the customer must drop off the item at a designated locker point within the timeframe communicated at the time of approval. Thesouthmart will arrange and cover the cost of the return shipment. The return booking is valid for a limited period and will be cancelled automatically if the item is not dropped off in time.

11.3 Seller Inspection of Returns

Once a returned item arrives at the seller's designated locker, the seller has 3 calendar days to collect and inspect the item. If the seller finds that the returned item has been damaged, altered, or is not in the same condition as originally dispatched, the seller must file a Damage Claim through the seller dashboard within this 3-day period. If no claim is filed within 3 days, the buyer's refund will be processed automatically. Only the product amount is refunded — delivery and Inspection Cover fees are non-refundable.

11.4 Damage Claims

If a seller files a Damage Claim, both the buyer refund and the seller payment will be placed on hold pending investigation by the Thesouthmart administration team. The admin team will review all evidence submitted and make a final determination. The decision of the Thesouthmart administration team is final and non-negotiable.

11.5 Dispute Resolution

In the event of a dispute regarding an order, customers must open a dispute directly through their order page. If you are unable to open a dispute through the platform, please contact our support team. Thesouthmart will investigate and work to resolve all disputes fairly and promptly.

11.6 Chargebacks

Customers who file chargebacks or payment disputes with their financial institution without first attempting to resolve the issue through the platform may have their account suspended or terminated.

12. Inspection Cover

12.1 Overview

Thesouthmart offers an optional Inspection Cover add-on that customers may purchase at checkout. Inspection Cover extends the buyer's inspection window from 1 day to 4 calendar days from the date of delivery, giving the buyer additional time to thoroughly inspect the item before funds are released.

12.2 Inspection Cover Fee

The Inspection Cover fee is calculated as a percentage of the order value and is non-refundable in all circumstances, including in the event of a return or dispute. By purchasing Inspection Cover, you acknowledge that this fee is final and non-refundable regardless of the outcome of any dispute.

12.3 What Inspection Cover Does Not Guarantee

Purchasing Inspection Cover does not guarantee a return or refund. It grants the buyer an extended window in which to raise a dispute. Any dispute raised within the inspection window will be investigated and resolved in accordance with Section 11 of these Terms and Conditions.

13. Intellectual Property Rights

13.1 Thesouthmart Property

All content on Thesouthmart, including but not limited to text, graphics, logos, images, software, and design, is the property of Thesouthmart or its licensors and is protected by South African and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

13.2 User Content

By posting content on Thesouthmart, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with operating and promoting the platform.

13.3 Copyright Infringement

We respect the intellectual property rights of others. If you believe that your work has been infringed, please contact us at [email protected] with:

• Identification of the copyrighted work
• Location of the infringing material
• Your contact information
• A statement of good faith belief
• A statement of accuracy and authorization

14. Privacy and Data Protection

14.1 Personal Information

By using Thesouthmart, you consent to the collection, use, and processing of your personal information in accordance with our Privacy Policy and applicable data protection laws, including the Protection of Personal Information Act (POPIA).

14.2 Data Security

We implement reasonable security measures to protect your personal information. However, no method of transmission over the internet is completely secure, and we cannot guarantee absolute security.

15. Limitation of Liability

15.1 Disclaimer of Warranties

Thesouthmart is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the platform will be uninterrupted, error-free, or secure.

15.2 Limitation of Damages

To the maximum extent permitted by law, Thesouthmart, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from:

• Your use or inability to use the platform
• Unauthorized access to your account
• Errors, mistakes, or inaccuracies of content
• Any interruption or cessation of services

Our total liability to you for all claims arising from your use of the platform shall not exceed the amount you have paid to Thesouthmart in the 12 months preceding the claim, or R1,000, whichever is greater.

16. Indemnification

You agree to indemnify, defend, and hold harmless Thesouthmart, Vhathenzheni General Solutions (Pty) Ltd, and our officers, directors, employees, agents, and affiliates from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the platform
• Your breach of these Terms and Conditions
• Your violation of any law or regulation
• Your violation of any rights of a third party
• Content you post on the platform

17. Breach of Terms

If you breach these Terms and Conditions, or if we reasonably believe you have breached these terms or any of our policies, we may:

• Issue a warning
• Temporarily or permanently suspend your account
• Remove or edit your content
• Cancel pending transactions
• Take legal action, including seeking damages and injunctive relief
• Report your activities to law enforcement authorities

18. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from or relating to these terms or your use of Thesouthmart shall be subject to the exclusive jurisdiction of the courts of South Africa.

19. Amendments to Terms

We reserve the right to modify, update, or replace these Terms and Conditions at any time at our sole discretion. Changes will be effective immediately upon posting to the platform. Your continued use of Thesouthmart following the posting of changes constitutes your acceptance of those changes. We may also provide additional notice of significant changes via email or platform notifications.

20. Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

21. Waiver

Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Thesouthmart.

22. Assignment

You may not assign or transfer these Terms and Conditions or your account without our prior written consent. We may assign or transfer our rights and obligations under these terms without restriction.

23. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and Returns Policy, constitute the entire agreement between you and Thesouthmart regarding your use of the platform and supersede all prior agreements and understandings, whether written or oral.

24. Contact Information

If you have any questions, concerns, or complaints regarding these Terms and Conditions, please contact us at:

Email: [email protected]
Company: Vhathenzheni General Solutions (Pty) Ltd
Registration Number: 2019/014324/07

25. Acknowledgment

By using Thesouthmart, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these terms, you must immediately cease using the platform.