Terms and Conditions

           THAT STORE

THIS SALE OF GOODS AGREEMENT (“AGREEMENT”) GOVERNS YOUR PURCHASE AND USE OF THE GOODS AS WELL AS THE USE OF THE WEBSITE. THAT STORE PERMITS THE USE OF THIS WEBSITE, WHICH SHALL ALWAYS BE SUBJECT TO THE TERMS AND CONDITIONS HEREIN, BY USE OF AND BY ENTERING THE WEBSITE, YOU SHALL BE DEEMED TO UNCONDITIONLLY ACCEPT AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS WEBISTE AND SALE IN THIS AGREEMENT.

IF YOU ARE UNDER THE AGE OF 18, YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THE TERMS AND CONDITIONS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A LEGAL ENTITY, YOU ACKNOWLEDGE AND CONFIRM THAT YOU HAVE THE AUTHORITY TO BIND THE ENTITY TO THESE TERMS AND CONDITIONS. IN THIS AGREEMENT YOU AS THE CUSTOMER ARE REFERRED TO “THE USER”. ALL REFERENCES TO “USER” HEREINAFTER SHALL REFER TO AND MEAN CUSTOMER, AND OR ANY OTHER USER OF THIS SITE.

 

 

GENERAL

  1. ABOUT THAT STORE

    1.  www.thatstore.co.za is a virtual buying and selling portal (“the Portal” or “Website”), which allows users to buy and sell goods and services via this website. 

    2. The buyer has the option to create an account when purchasing which allows for express checkout, tracking purchases and reviewing previous purchases. The seller submits a form to That Store verifying the Goods they wish for That Store to upload on the Website and do not require an account.

    3. The portal is managed by That Store (That Store), registration number 2020/553019/07, whatsup@thatstore.co.za .

    4. That Store permits the use of this Website, which shall always be subject to the User Agreement (“Terms and Conditions”) of That Store herein, by use of and by entering the Website, you shall be deemed to unconditionally accept and understood the Terms and Conditions of this Website.

    5. These Website Terms and Conditions govern the ordering, sale and delivery of Goods, and the use of the Website and shall at all times be applicable to the use of the website, whether or not an account has or has not been created.

    6. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your”, “user”, “seller” or “buyer”), including without limitation each user who agrees to the Terms and Conditions as contemplated above. By using the Website as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

    7. The Website enables you to shop online for an extensive range of second-hand goods (“Goods”).

    8. That Store allows Sellers to list and sell their Goods on the Website (each a “Seller”). By clicking on the “sell” button on the Website, the Seller has access to the form for completion and verification of the Goods, which is then to be submitted back to That Store. Upon approval of the submitted form sent by the Seller, That Sore will upload the Goods, into the specific product category, onto the Website. The upload will include description, condition and images of the Goods.

    9. That Store does not hold ownership over any of the Goods uploaded as provided for by the Sellers. Therefore, That Store cannot be held accountable for the quality, damage, harm or loss to/of/for the product as That Store does not inspect the product prior to delivery. That Store is only provided with certain information and pictures of the Goods by the Seller.

  2. IMPORTANT NOTICE

    1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

    2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -

      1. may limit the risk or liability of That Store or a third party; and/or

      2. may create risk or liability for the user; and/or

      3. may compel the user to indemnify That Store or a third party; and/or

      4. serves as an acknowledgement, by the user, of a fact.

    3. That Store draws your attention to these terms and conditions as they are of importance to be noted.

    4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask That Store to explain it to you before you accept the Terms and Conditions or continue using the Website.

    5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or That Store in terms of the CPA.

    6. That Store permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

  3. REGISTRATION AND USE OF THE WEBSITE

    1. Any and or all Users may order Goods on the Website.

    2. There is the option of creating an account. When creating an account, you must provide your full name, physical address (for delivery or collection purposes) and email address. You will then create a username and password to log-in to their account. You will need to use your unique username and password to access the Website in order to purchase Goods. The abovementioned unique username or password will only be required if the purchaser decides to create an account.

    3. The Buyer has the option to create an account when purchasing which allows for express checkout, tracking purchases and reviewing previous purchases. The Seller submits a form to That Store verifying the Goods they wish for That Store to upload on the Website. The Seller will only have the choice to create an account if you wish to become a buyer in essence on That Store and purchase products.

    4. You agree and warrant that your username and password shall:

      1. be used for personal use only; and

      2. not be disclosed by you to any third party.

    5. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

    6. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order.

    7. You agree to notify That Store immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

    8. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

    9. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised That Store representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

    10. You may not use the Website to distribute material, which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful. Such material distributed by any User will lead to their account immediately being suspended and reported.

    11. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised That Store representative.

  4. RIGHTS AND OBLIGATIONS OF THE USER

    1. The User (Buyer) confirms that they are a person with active and passive legal capacity who has the right to make the transactions provided on the Portal.

    2. When using the Portal, the User (Seller) undertakes to provide completely correct information, including true data on the quality and condition of the goods or services sold, as well as other details which may affect the Buyer’s decision to purchase a good or service.

    3. To use the Portal, including to make sales transactions, the User (Buyer and Seller) undertakes to enter their valid e-mail address to the Portal and be available via e-mail.

    4. The User (Buyer and Seller) undertakes to conduct only legal purchase and sales transactions through the Portal.

    5. The User undertakes to ensure that their activities do not violate the property rights or moral rights (including intellectual property) of third parties.

    6. The User undertakes to ensure that their activities comply with laws and other legislation, including legislation regulating consumer protection, competition, and export and import of goods/services.

    7. The User undertakes to ensure that their activities are in accordance with good manners.

    8. The User confirms that they are aware that the obligation to declare and pay taxes (including VAT and income tax) on all service transactions lies with the User.

    9. The User confirms that they are aware of the fact that if third parties gain access to the User’s information technology equipment so that the User is logged into the Portal, third parties may assume obligations that are binding to the User and the performance of which is the responsibility of the User. That Store cannot be held liable for any transactions wherein a third party has accessed personal and private information.

    10. Users are responsible for the execution of their sales agreements. Complaints and queries related to the goods or services to be sold must be submitted directly to the Portal’s messaging system via whatsup@thatstore.co.za .

    11. When concluding a sales agreement, the Seller undertakes to return the goods if the User (Buyer) who made the purchase wishes to, within 5 (five) days from the receipt of the goods, return the goods because the goods differ significantly from the description in the sales ad, from the photo of the Goods or if the Goods are defective. Please refer to the Return Policy.

  5. RIGHTS AND OBLIGATIONS OF THAT STORE  

    1. That Store is justified, at its own choice, to restrict or revoke the User’s access to the Portal, or stop the sale or close their User account and not allow them to re-register as a User if the User:

      1. violates these Terms and Conditions;

      2. has submitted information that is incorrect, misleading, or inaccurate when logging in to the Portal or using the Portal;

      3. knowingly and intentionally disseminates false information on That Store’s website, insults any other User in any way, or acts in bad faith;

      4. the purchase or sales offers entered by the User are in violation of the Terms and Conditions, good manners, or applicable law;

      5. upon first complaint from other Users received about the User’s activity, depending on the severity of the complaint. That Store reserves the right to suspend upon complaint of a User.

    2. At any time, That Store is entitled to monitor the activities on the Portal, including the purchase and sale offers made by the Portal Users.

    3. The www.thatstore.co.za website and all its contents are copyrighted by That Store. When uploading copyrighted Goods photos/sales ads on the website, the User transfers to That Store the proprietary rights of the author that apply to the Goods photos/sales ads. That Store has the exclusive right to, in any way, use, permit and prohibit their use, including reproduce, distribute, translate, adapt, add them to collections or databases, or communicate to the public the Goods photos/sales ads provided by the User.

    4. That Store does not hold ownership over any of the Goods uploaded as provided for by the Sellers. Therefore, That Store cannot be held accountable for the quality, damage, harm or loss to/of/for the product as That Store does not inspect the product prior to delivery. That Store is only provided with certain information and pictures of the Goods by the Seller.

  6. DISCLAIMER OF LIABILITY

    1. That Store is not the owner of the goods nor services sold on the Portal and does not participate in sales, purchases, or other transactions that occur between the Users (Buyers and Sellers) of the Portal.

    2. That Store does not hold ownership over any of the Goods uploaded as provided for by the Sellers. Therefore, That Store cannot be held accountable for the quality, damage, harm or loss to/of/for the product as That Store does not inspect the product prior to delivery. That Store is only provided with certain information and pictures of the Goods by the Seller.

    3. Sales agreements are concluded between the Users of the Portal without the representation and mediation of That Store. Users are fully responsible for the execution of their sales agreements.

    4. Complaints, queries, and claims regarding the goods or services on the Platform must be submitted to That Store via the support email. That Store encourages utilising the support email for queries which would be answered as soon as possible.

    5. That Store is not responsible for resolving any differences between the parties to the sales transaction. That Store encourages utilising the support email for queries which would be answered as soon as possible. That Store does not take sides and if the Buyer and the Seller cannot agree on anything, then the sale will and must be discontinued.

    6. That Store does not expect, inspect nor ensure the guarantee of the goods or services sold and does not review nor check the quality of the goods or services sold or the compliance with the description entered by the User (Seller).

    7. As the Seller will provide the description, condition and images of the Goods on the submitted form, That Store can only advertise the Goods as is submitted by the Seller. As a result, That Store is not liable for the truthfulness and lawfulness of the information provided by the Seller or for the User’s inappropriate or unlawful behaviour.

  7. FURTHER INDEMNITY

    1. The User indemnifies and shall hold indemnified That Store, its partners, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim including, but not limited to, claim for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the User’s Goods, the breach of any of the User’s warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, applicable laws and standards. For the purpose of this clause reference to That Store shall also include the Mobile Operators and such other agencies through whom That Store shall make the Online Store available to the User.

  8. AMENDING THE TERMS AND CONDITIONS

    1. That Store has the right to unilaterally amend the Terms and Conditions at any time due to the development of the Portal and the services offered and in the interest of their better and safer use.

    2. That Store undertakes to notify the User of any amendments to the Terms and Conditions by means of notices, messages, or e-mails published on the Portal.

    3. Amendments to the Terms and Conditions take effect upon the publication of the corresponding amendment on the Portal.

    4. The User confirms their acceptance of the amendments to the Terms and Conditions by continuing to use the Portal after the respective amendments become effective.

  9. JURISDICTION OF GOVERNING LAW

    1. Legal relations between the User and That Store arising from the use of the Portal are governed by the laws of the Republic of South Africa.

    2. The User and That Store will try to resolve disputes arising from the use of the Portal through negotiations.

    3. Should it be necessary, both That Store and the User agree to electronic service of all letters, notices and legal proceedings where permitted. Notices can be sent to whatsup@thatstore.co.za . Should a legal action be instituted against That Store, then the action will be commenced by sending the relevant notices and/or letters to That Store via whatsup@thatstore.co.za. However, the action cannot be deemed to have commenced without confirmation of receipt of the email from That Store whereby a physical address will be nominated by That Store for the further service of any and/or all future notices or documents therein.

    4. If an agreement is not reached, then depending on the nature of the case, the dispute will be resolved by South African Small Claims Court or Local Magistrates Court.

      1. Section 45 of the Magistrate’s Court Act 32 of 1944, as amended, to the taking of any legal proceedings arising from this Agreement in the Magistrate’s Court of any district otherwise having jurisdiction by virtue of Section 28(1) of the aforesaid Act, notwithstanding that such proceedings would otherwise be beyond that court’s jurisdiction. The party instituting such proceedings shall nevertheless still have the right to institute such proceedings in any division of the Supreme Court of South Africa having jurisdiction, should he/she so wish.

    5. That Store is entitled to obtain ex-parte interim interdict orders restraining the User to prevent any loss/anticipated loss either in material terms or in terms of intellectual property or causing damage/loss/harm to reputation/goodwill of That Store by the User, its representatives, associates or assigns.

  10. FORCE MAJEURE

    1. That Store shall not be liable to the Users for inability to perform or delayed performance in terms of this Agreement including but not limited to any direct, indirect, consequential, special or delictual loss or damage of any nature and howsoever arising which may be suffered should such inability or delay arise from any Force Majeure event, cause beyond the reasonable control of That Store and not caused by any fault of That Store, provided that the existence and/or happening of such cause has been drawn to the attention of the Users within a reasonable time of occurrence of such a cause.

    2. "Force Majeure" shall include vis major, casis fortuitous, pandemic, act of God, strikes, lock outs, accidents, lightning, earthquakes, fire, storms, perils of the sea, floods, radiation or chemical or nuclear contamination, ionising radiation, explosions, war (whether declared or not) or other armed conflicts, sabotage, terrorist acts, blockades, embargoes, insurrections, invasion, hostile acts of foreign enemy, industrial disputes, arrests and restraints by any governmental authorities, and any other cause or circumstance beyond the reasonable control of That Store and which has not arisen as a result of negligence or wilful act of That Store or any person for whose acts That Store is responsible in law.

  11. FINAL PROVISIONS

    1. The Terms and Conditions are valid upon acceptance by the User and will remain in force during the validity of the legal relations between the User and That Store. The User has the right to terminate the legal relations regulated by the Terms and Conditions at any time by fulfilling their existing obligations to That Store and other Users beforehand. 

    2. All messages and information between the User and That Store are exchanged electronically at whatsup@thatstore.co.za .

    3. This Agreement embodies the entire agreement and understanding of the Parties and supersedes any and all other prior and contemporaneous agreements, correspondence, arrangements and understandings (whether written or oral) between the Parties with respect to its subject matter.

    4. User agrees and acknowledges that That Store, at all times during the term of this Agreement, shall have the right to remove/block/delete any text, graphic, image(s) uploaded on the online store by That Store without any prior notice to the User in the event the said text, image, graphic is found to be in violation of law, breach of any of the terms of this Agreement, terms and conditions of That Store.

    5. Appropriate disclaimers and terms of use on That Store portal shall be placed by That Store.

    6. At any time if That Store believes that the services are being utilized by the User is in contravention of the terms and provisions of this Agreement, Terms and conditions of use of That Store, That Store shall have the right either at its sole discretion or upon the receipt of a request from the legal/statutory authorities or a court order to discontinue/terminate the said service(s) to the User, remove/block/close the access of the User to That Store and furnish such details about the User and/or its Users upon a request received from the Legal/ Statutory Authorities or under a Court order.

    7. If Seller takes action against the Buyer for the payment of any amount owed to Seller which, despite demand, remains unpaid, the Buyer will be liable for all collection costs, services and charges incurred on an attorney and client basis.

    8. The Buyer pays the amount to That Store and That Store releases the payment to the Seller once the Goods are delivered to the Buyer. The Seller will only prepare the Goods for delivery once the amount has reflected in That Store. If the payment bounces, the order won’t go through and be processed.