TERMS & CONDITIONS – THIRD PARTY SELLERS
 
 
Overview
 
By accessing or using the Shop No.2 website (hereinafter referred to as “the Website”) you agree to be bound by these Terms and all applicable laws and regulations. The Website is owned and provided by Shop No.2.
 
Any references to “we” and “our” are references to “Shop No.2”.
 
The Website is not intended for persons under the age of 18 years old and Shop No.2 shall not be liable in any manner whatsoever for use by users under that age.
 
 
Your Account
 
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and devices, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You must take all necessary steps to ensure that your password is kept confidential and secure. You undertake to inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorised manner.
 
 
Acceptable Use
 
You are solely responsible for all information, comments, photos, images, videos, data and the like (hereinafter collectively referred to as “the Content”) that you submit or post to the Website, and any consequences that may result from your post. We reserve the right at our discretion to monitor, refuse, delete, modify or remove any Content that we believe is inappropriate or breach these Terms. We also reserve the right at our discretion to restrict or block your usage of the Website either temporarily or permanently, or refuse you registration for any reason and at any time.
 
By accessing the Website, you agree that you will not:-
 
  • violate any laws;
  • create, upload, post or transmit any Content to the Website that is false, misleading, illegal, defamatory, abusive, obscene, incites violence, threatening, racially offensive, pornographic, sexually explicit or constitutes indecent material;
  • harass, bully, abuse or stalk other users;
  • infringe any third party rights;
  • solicit login information or access another user’s account;
  • infringe anyone’s intellectual property, privacy or other rights;
  • distribute spam;
  • distribute viruses or any other technologies that may harm the Website or the interests or property of Shop No.2 users;
  • impose an unreasonable load on Shop No.2’s infrastructure, violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to the Website or transmit any viruses, worms, malware, spyware or the like; or
  • collect users' Content or information, or otherwise access Shop No.2, using automated means (such as harvesting bots, robots, spiders or scrapers) without our prior permission.
 
 
License
 
Shop No.2 does not own any Content that you may post on the Website but you hereby grant Shop No.2 an irrevocable, non-exclusive, royalty free, transferrable, sub-licensable, worldwide license to use the Content that you post subject to these Terms and our Privacy Policy.
 
You warrant that the Content you contribute is your own or is licensed to be uploaded or is in the public domain or free of copyright or other restrictions, and indemnify Shop No.2 for any claim or damage that may arise as a result of a breach of such warranty.
 
 
Shop No.2’s Function
 
You are responsible to list and sell your products on the Website. Shop No.2 facilitates the transactions carried out on the Website between yourself and the customer. Shop No.2 merely provides the platform for third party sellers and customers to complete transactions. Accordingly, the contract formed at the completion of a sale for the advertised products is solely between you and the customer. Shop No.2 is not a party to the contract nor assumes any responsibility arising out of or in connection with it nor is it your agent. You are responsible for the sale and delivery of the products.
 
 
Sale of Products and Availability
 
Your acceptance of an order depends inter alia on the availability of the product, the correctness of the purchase price and receipt of payment. An order is accepted once the product is delivered to the customer. In the event you reject an order, Shop No.2 will refund any amount that a customer may have already paid and you shall have no claim whatsoever against Shop No.2 for payment of the rejected order.
 
Once a customer has received delivery of the product, the customer may only cancel the sale in accordance with our Returns & Refunds Policy.
 
You must physically own the products advertised on the Website and have stock readily available. You undertake to take all reasonable steps to accurately reflect the description and availability of the product, as well as the purchase price and delivery charges of products on the Website. However, should there be any errors of whatsoever nature on the Website, Shop No.2 shall not be liable for any loss, claim or expense relating to a transaction based on any error.
 
Shop No.2 does not warrant that any products purchased by a customer will meet the customer’s expectations.
 
 
Payment
 
All customer payments shall be processed through secure online payment facilities and will be paid directly to Shop No.2.
 
Once payment has been received, Shop No.2 shall retain either - 15% (with 5% payment gateway included) for Sellers with monthly subscription, or 25% (with 5% payment gateway included) for Sellers with no monthly subscription - of the total purchase price plus R10 pay-out fee per transaction as an administration fee for facilitating the sale and shall remit the balance of the purchase price to you 10 days after the customer has received the products.
 
 
Delivery
 
You are solely responsible for the delivery of your products and undertake that all products ordered through Shop No.2 will be delivered within 1-5 days of the order being placed, by way of a secured door-to-door courier service, to the customer’s physical address documented during checkout. Tracking number must be provided to the customer and Shop No.2 once order has been fulfilled.
 
Shop No.2 will not be held responsible for an incorrect address that a customer may have entered whilst ordering on the Website.
 
All delivery time estimates given to customers must be realistic.
 
 
Returns & Refunds
 
Please refer to our Returns & Refunds Policy for more information regarding the return of products by customers. Our Returns & Refunds Policy is incorporated in these Terms. Therefore by using this Website, you consent to the terms described in our Returns & Refunds Policy.
 
All refunds or exchanges must be processed within 3 working days following receipt of the returned products.
 
 
Customer Service
 
Once a customer has placed an order, you must respond right away if possible, alternatively by the next working day.
 
You are solely responsible for dealing with any customer’s claims and/or complaints or any other issue arising out of or in connection with the contract between you and the customer.
 
 
Disclaimer
 
By using the Website, you expressly agree that such use is at your own risk. Shop No.2 endeavours to provide a service of the highest quality but cannot guarantee that the Website will be uninterrupted or error-free. There may be occasions when the Website may be interrupted due to routine maintenance or upgrades, emergency repairs, reconfigurations or telecommunication failures or other reasons beyond our control, including force majeure.
 
SHOP NO.2 PROVIDES THIS WEBSITE AND ITS CONTENTS ON AS “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE OR ITS OPERATION, THE INFORMATION, CONTENT, PRODUCTS OR SERVICES OFFERED ON THIS WEBSITE.
 
SHOP NO.2 ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE SUFFERED BY ANY USER OF THE INFORMATION CONTAINED ON THIS WEBSITE OR THE PRODUCTS PURCHASED HERE FROM. BY CONTINUING TO USE THE WEBSITE YOU ARE DEEMED TO ACCEPT THESE TERMS.
 
 
Limitation of Liability
 
To the full extent permitted by the laws of the Republic of South Africa, and elsewhere, Shop No.2 disclaims all warranties and representations, express or implied. Shop No.2 does not warrant that the Website or its servers are free of viruses or other harmful components, therefore, Shop No.2 will not be liable for any loss or damages of any kind arising from the use of the Website, including but not limited to special, direct, indirect, incidental, punitive and consequential damages, economic or other commercial loss, loss of revenue or profit, lost or damaged data or reputational damage. Your remedy is limited to discontinue using the Website.
 
The inclusion of any links in the Website to third party websites, advertisers, services, special offers or other events or activities is for your convenience only and Shop.No2 accepts no responsibility regarding the content or reliability of those third party websites, information, materials, products or services.
 
 
Indemnification
 
You hereby agree to indemnify and hold harmless Shop No.2 and its owners, employees and agents against any costs, claims, suits, proceedings, disputes, losses and damages (including legal fees) incurred by or awarded against Shop No.2 as a result of your misuse of the Website, any Content, violation of any third party right, violation of any laws and regulations, any misrepresentation made by you or any other person or persons or your breach or alleged breach of these Terms.
 
 
Breach of Terms
 
If you breach any of these Terms Shop No.2 reserves the right to discontinue all or any part of the Website and to restrict or prohibit your access to it.
 
 
Amendment to Terms
 
Shop No.2 reserves the right to amend or modify these Terms at any time and at its sole and absolute discretion without prior notice. Please ensure you review our Terms on a regular basis to ensure you have read the latest version. Your continued use of the Website following changes to these Terms implies that you have consented to those changes.
 
The Terms were last updated in November 2016.
 
 
Termination of the Website and Terms
 
Shop No.2 shall be entitled without notice to terminate these Terms at its sole and absolute discretion and reserves the right to modify or discontinue all or any part of the Website and to restrict or prohibit you access to it at any time, without liability to you or any other person.
 
Upon termination, all rights granted to you in respect of these Terms will immediately cease.
 
 
Choice of Law
 
The Laws of the Republic of South Africa shall govern these Terms.
 
In the event of a dispute of these Terms, any competent division of the High Court of the Republic of South Africa will have jurisdiction.
 
In the event that any provisions of these Terms is found to be invalid, unlawful or unenforceable by any competent authority, such provision shall be severed and the remaining provisions will continue in full force and effect.
 
 
Complaints and Disputes
 
All complaints and disputes regarding the Website will in the first instance be referred to the Website administrator, who will have all the powers of an arbitrator.
 
All complaints and disputes may be addressed to hello@shopno2.co.za
 
The Website administrator will deal with your complaint within a reasonable period of time after receipt thereof and where necessary call upon you to provide satisfactory evidence.
 
Sanctions available to the Website administrator include the following:-
 
  • suspending you or discontinuing your access to all or any part of the Website;
  • referring the matter to the appropriate law enforcement agency or other authority, where the dispute is of a criminal or illegal nature; or
  • referring the matter to court if the dispute necessitates same.
 
 
Privacy
 
Shop No.2 respects your privacy and will not disclose your personal information to third parties for marketing purposes if you request us not to do so. The way in which we use your personal information is regulated in our Privacy Policy. Our Privacy Policy is incorporated in these Terms. Therefore by using this Website, you consent to the processing described in our Privacy Policy and warrant that all data provided by you is accurate and up to date. You are responsible for maintaining and promptly updating account information for accuracy and completeness.
 
 
General
 
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms to any third party.
 
No variation, addition, deletion, or agreed cancellation of these Terms will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
 
No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show, grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
 
These Terms contain the whole agreement between you and Shop No.2 and no other warranty, representation or undertaking is valid, unless contained in this document.
 
Any failure on you or Shop No.2 to enforce any right in terms hereof shall not constitute a waiver of that right.
 
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
 
 
Information
 
Name: Shop No.2
 
Main business: online marketplace for fashion retailers and customers
 
Address: P.O. Box 786, Saxonwold, 2196, South Africa
 
Website: www.shopno2.co.za
 
Official email address: hello@shopno2.co.za