This Agreement is between you (the “user” or “you”) and WeBuyClothes. Any user who is found to be in violation of the following Agreement and any other policies posted on the Website may be banned, at the sole discretion of WeBuyClothes, from using the Website or any Services.
Introduction & Scope
Changes to the Agreement and Additional Terms
WE MAY CHANGE THE TERMS OF THIS AGREEMENT FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU AND AT OUR SOLE DISCRETION, AND YOUR CONTINUED USE OF THE WEBSITE OR ANY SERVICES AFTER SUCH CHANGES TO THIS AGREEMENT HAVE BEEN POSTED CONSTITUTES ACCEPTANCE OF ALL SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO REGULARLY REVIEW THIS AGREEMENT WHEN USING THE WEBSITE OR OUR SERVICES.
WeBuyClothes reserves the right to modify or terminate the Website and Service for any reason, without notice and at any time. WeBuyClothes reserves the right to alter this Agreement or other policies at any time, so please review the policies frequently. If WeBuyClothes makes a material change, then WeBuyClothes will notify you here by posting updates to this Agreement or by means WeBuyClothes deems appropriate. What constitutes a “material change” will be determined at WeBuyClothes’s sole discretion, in good faith, and using common sense and reasonable judgment.
1.WeBuyClothes is an online retailer
WeBuyClothes is an online retailer selling its own unique range of new ladies clothing under its own brand as well as second-hand clothing being uploaded by registered users (see section 3 underneath). Registered users may place orders for Items, which WeBuyClothes may accept or reject. Whether or not WeBuyClothes accepts an order depends on the availability of Items, correctness of the information relating to the Items (including without limitation the price) and receipt of payment or payment authorisation by WeBuyClothes for the Items.
NOTE: WeBuyClothes will indicate the acceptance of your order by delivering the Items to you, and only at that point will an agreement of sale between you and WeBuyClothes come into effect (the “Sale”). This is regardless of any communication from WeBuyClothes stating that your order or payment has been confirmed. WeBuyClothes will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
Orders may not be cancelled after receipt of payment of the Items by WeBuyClothes. After dispatch of your Items, you may cancel the Sale only in accordance with the Returns Policy.
Placing Items in a shopping basket without completing the purchase cycle does not constitute an order for such Items, and as such, Items may be removed from the shopping basket if stock is no longer available. You cannot hold WeBuyClothes liable if such Items are not available when you complete or attempt to complete the purchase cycle at a later stage.
You acknowledge that stock of all Items on offer is limited. In the case of Items for sale by WeBuyClothes, WeBuyClothes will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Items are no longer available after placing an order, WeBuyClothes will notify you and you will be entitled to a refund of the amount paid by you for such Items.
- 2.WeBuyClothes is a Marketplace
WeBuyClothes is also an online marketplace that allows users who comply with WeBuyClothes’s policies, to offer, sell, and buy certain Items within a fixed-price format. WeBuyClothes is not directly involved in the transaction between buyers and sellers, unless you purchase from us directly. WeBuyClothes has no control over the quality, safety, morality, or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items, or the ability of buyers to pay for items. Except as stated in Listing and Selling (see Section 5), WeBuyClothes does not pre-screen users or the content or information provided by users. WeBuyClothes cannot ensure that a buyer or seller will actually complete a transaction.
Legal ownership of items purchased on WeBuyClothes is transferred by the seller to the buyer after a sale is completed. WeBuyClothes does not transfer nor is it involved in the transfer of legal ownership of items from the seller to the buyer, except for items being sold from WeBuyClothes directly.
WeBuyClothes cannot guarantee the true identity, age, nationality, or other features disclosed in a user’s profile. WeBuyClothes encourages you to communicate directly with potential transaction partners through the tools available on the Website or mobile application. You agree that WeBuyClothes is a marketplace and as such is not responsible or liable for any content, including but not limited to data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on WeBuyClothes. You use our Services at your own risk.
- 3. Membership Eligibility
WeBuyClothes may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time.
Our Services are only available to, and may only be used by, individuals who are 18 years and older who can enter into legally binding contracts under applicable law. By using our Services, registering with our Website, or creating an account to use our Services, you represent and warrant that: (a) you are at least 18 years old, (b) you are located and reside in the South Africa, (c) all registration information you submit is accurate and truthful; and (d) if you are acting on behalf of a legal or business entity, you are authorized to bind that entity to the Agreement.
Individuals under the age of 18 must at all times use our Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities of any minors.
You agree to comply with all laws including all laws applicable to the Website or any Services regarding acceptable content and online conduct. You are responsible for all applicable taxes. In addition, you must abide by our policies as stated in the Agreement and other policy documents available via hyperlink in this Agreement (as applicable to your activities on or use of the Services) as well as all other operating rules, policies, and procedures that may be published from time to time on our Website, each of which is incorporated herein by reference and each of which may be updated by WeBuyClothes from time to time without notice to you.
In addition, some Services offered by WeBuyClothes may be subject to additional terms and conditions circulated by WeBuyClothes from time to time; your use of these Services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Account Information and Password
You acknowledge and agree that you are fully responsible for all activity, liability, and damage resulting from your failure to securely maintain your WeBuyClothes account information and password. You acknowledge and agree that you will protect your account information and password, ensure this information is current and accurate, and bear full responsibility for any activities conducted through your account.
Your account information, particularly your email address and password, authenticates your identity as a WeBuyClothes member, and WeBuyClothes is entitled to act on any transaction instructions received from your account information, regardless of whether it is being used with authorization from you. You agree to notify WeBuyClothes of any unauthorized use of your password or any breach of security. You also agree that WeBuyClothes cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your user login and password information in combination to any other party other than WeBuyClothes without WeBuyClothes’s explicit written permission.
You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on WeBuyClothes and receive payment for items that you have sold, you must also provide and maintain valid payment information, such as valid bank account details, valid credit card information or a valid PayPal account.
You may not transfer, sell, rent, assign, sublicense, or otherwise allow another party to access or use your WeBuyClothes account. You are responsible for all activity of the user account and user ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service
Our Services are not available to temporarily or indefinitely suspended WeBuyClothes users. WeBuyClothes reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. WeBuyClothes reserves the right to refuse service to anyone, for any reason, at any time.
- 4. Fees
Joining and setting up a new account on the Website and Services is free. However, WeBuyClothes charges a seller a sales commission calculated as a percentage of the sale price of a completed transaction on the Website and Services. WeBuyClothes commission is 20% (subject to minimum commission fee as noted below). All listings with sale price less than R300 will incur the minimum commission fee of R60. We may temporarily change our fees or reduce fees for our Services for promotional events (for example, reduced seller commission days); such changes are effective when WeBuyClothes posts the temporary promotional event on the Website or features the promotional event in our mobile application. Additionally, WeBuyClothes may change some or all of our Services at any time, without notice and in our sole discretion, and any changes to our fees are effective upon the posting of such changes. WeBuyClothes also reserves the right to cancel any promotion, discount, or similar incentive before its originally stated expiration date. In the event WeBuyClothes introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in South African Rand.
You are responsible for paying all fees and applicable taxes associated with using our Website and our Services in a timely manner with a valid payment method.
Fees and Termination
If WeBuyClothes terminates a listing or if the payment of your WeBuyClothes fees cannot be completed for any reason, you remain obligated to pay WeBuyClothes for all unpaid fees plus any interest or other charges, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel or charging any payment method associated with your account). If you have a question or wish to dispute a charge, please email WeBuyClothes at firstname.lastname@example.org.
- 5. Listing and Selling
You may list and sell new and gently used women’s clothing items on the Website or on our mobile applications. You may not list or sell designer replicas or derivatives, including but not limited to items that are counterfeit, inauthentic, or not manufactured for retail sale by the designer whose name, logo, trademark, or design is represented in or on the item.
By listing an item for sale on the Website or any Services, you warrant and represent that (a) you are in compliance with all aspects of this Agreement and applicable laws, including in respect of all items; (b) you have the legal right to sell the item and to post all of the descriptions, graphics, photos, images and any other content related to your listing of the item; (c) the description and depiction of the item, including but not limited to any damage, size or measurements, are complete, truthful, and accurate; (d) the item is listed in the appropriate category; (e) the item is not priced significantly over a reasonable market price; (f) a reasonable market price can be determined for custom made or non-branded items; and (g) the item does not have more wear and/or damage than can be defined as Gently Used, including but not limited to: significant wear, rips, tears, discoloration, odor or broken hardware or components. Your listings may only include text descriptions, graphics, photos, images, and other content relevant to the sale of that item. All items must be listed in an appropriate category with relevant tags. Each unique item must have its own listing. In addition, certain items may be prohibited or restricted; you also need to make sure the sale of your item complies with all laws. If your listing does not comply, it may be removed. Please note that at this time only users based in the South Africa are eligible to list or sell on the Website or any Services.
You agree that we or our nominated agent may undertake any necessary credit checks on you and/or your credit card where applicable. In addition to any other rights we may have under this Agreement, if you fail to comply with this Clause, we may prevent you from using the Services on our website.
In addition, WeBuyClothes reserves the right to designate certain items as Final Sale (including but not limited to clearance,) or auction items where an item had not been so within 10 days after you have listed it on the Website. The item will then be subject to the terms and conditions of the auction as set out under the heading “Auction” underneath.
The sale of any items outside of women’s woman clothing items is prohibited (including but not limited to intimates, technology equipment and accessories, household goods, men’s and children’s clothing/shoes/accessories) and is not covered by our Return Policy.
When we designate an item to be auctioned, such item will be auctioned online via our website for a period of 7 Days. The price that an item achieve by means of the highest good during the auction will be subject to the seller’s acceptance within 3 days from the closing date of the auction. An email will be sent to you immediately on closing of the auction informing you of the highest bid achieved for your auction item and you will have 3 days to confirm acceptance thereof by sending us an email to that effect or informing us that you do not accept. If we do not receive an email from you within the 3 days, we will be entitled to accept that you do not accept the bid. If the seller accepts the highest bid, the transaction is treated as any other transaction concluded through our WEBSITE and is subject to the same terms and conditions.
If no bid is received during the auction period or you do not accept the highest bid, your item will be removed from the website.
All sales are binding. The seller is responsible for accurately listing their items, and the buyer is responsible for reading the item description before making a purchase. WeBuyClothes will collect the items sold from the seller and deliver it to the buyer within 7 days from the date of the transaction, unless there is an exceptional circumstance. The buyer is obligated to make payment for items purchased by means of electronic funds transfer before delivery of the items can take place, unless there is an exceptional circumstance. See our Cancellation Policy.
If you do not complete a sale or purchase, your account and all listings may be suspended and removed from the Website and any Services at WeBuyClothes’s sole discretion. You may request your account and listings be reinstated, which WeBuyClothes may do in its sole discretion.
The price stated in each item listing description must be an accurate representation of the sale price. Sellers may not alter the item’s price after a sale for the purpose of avoiding WeBuyClothes transaction or commission fees, misrepresent the item’s location, or use another user’s account without permission.
Offers to buy or sell outside of the Website or Services are a potential fraud risk for both buyers and sellers and are not protected by the WeBuyClothes Promise, the Agreement, or other buyer/seller protection programs. Additionally, these offers may be an attempt to avoid WeBuyClothes transaction fees. This is unfair to other sellers, violates the Agreement, and will result in account termination. You may not exchange personal information or engage in any other activities to transact with another in any manner to avoid any transaction fee. You may not manipulate the price of any item or fees owed to WeBuyClothes when using the Website or any Services.
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Payment can be made for Items via –
– credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the Items will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Items. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
–Instant EFT via Payfast;
You may contact us via email at email@example.com to obtain a full record of your payment. We will also send you email and SMS communications about your order and payment.
Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Items.
Delivery of Items
WeBuyClothes offers one method of delivery of Items to you, which is via courier should you not be able to collect the item yourself. The cost of the courier services will be borne by us.
Where it accepts your order, WeBuyClothes will deliver the Items to you as soon as reasonably possible, but no later than 7(Seven) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Items during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Items. If you elect to cancel your order, we will reimburse you for the purchase price.
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Items on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
WeBuyClothes’s Returned Items
When you purchased an item from us, you may return it when it qualifies in terms of our Return Policy.
No return of items to Seller
When you buy an item from a seller you cannot return it and less the seller agrees thereto or has made a fraudulent misrepresentation as to the origin or quality of the item. WeBuyClothes will not get involved in such dispute between you and the seller.
- 6. Buying
When purchasing an item, you agree that: (a) you are responsible for reading the full item listing before committing to purchase; (b) you enter into a legally binding contract with the seller or WeBuyClothes, as the case may be, to purchase his or her items when you commit to purchase the item; and (c) WeBuyClothes is not a party to the contract which you purchase from a seller and does not transfer legal ownership of the item from seller to you (unless you have purchased an item directly from WeBuyClothes).
- 7. User Submitted Content
You may submit items (including images, artwork, text, graphics, logos, and similar items) in connection with the Website or Services (“User Submissions”).
WeBuyClothes does not claim ownership rights of User Submissions. You grant WeBuyClothes a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, fully paid-up license to use, reproduce, create derivative works of, excerpt, reformat, distribute, perform, and display the User Submission (in whole or part) and to incorporate the User Submission in other works in any form, media, or technology now known or later developed, including without limitation (a) on the Website (including a mobile version of the Website); (b) on any application designed or developed to allow others to view your User Submission; (c) in materials created to promote the Website or any Services and their contents, and (d) in connection with online and offline events conducted in connection with the Website or Services.
You represent and warrant that the User Submission (a) is your own original work and you own all rights in the User Submission or that you have all rights in the User Submission necessary to grant the license to the User Submission contained in this Agreement; (b) will not violate any third party rights, including any third party intellectual property rights, privacy rights, moral rights, or other proprietary rights; (c) does not violate any law or regulation; and (d) does not contain any virus or other malicious software, including any software which could interfere with the performance of the Website or Services or collect user data from users of the Website or Services.
Re-Posting User Submissions
By posting User Submissions on WeBuyClothes, it is possible for an outside website or a third party to re-post your User Submissions. You agree to indemnify and hold WeBuyClothes harmless for any dispute concerning this use. If you choose to display your own WeBuyClothes-hosted image on another website, the image must provide a link back to its listing page on WeBuyClothes.
Ideas & Feedback
WeBuyClothes considers any unsolicited ideas, suggestions, proposals, feedback, or any other materials submitted to the Company via the Website or Services to be non-confidential and non-proprietary. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, business models or plans, or other information about the Website or Services (“Ideas & Feedback”) provided by you to WeBuyClothes are non-confidential. Any communication by you to WeBuyClothes is subject to this Agreement, and WeBuyClothes shall be entitled to the unrestricted use and dissemination of the Ideas & Feedback for any purpose without acknowledgment or compensation to you. WeBuyClothes shall not be liable for the disclosure or use of any Ideas & Feedback. You acknowledge and hereby grant to WeBuyClothes, under all of your rights in the Ideas & Feedback, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, modify, publish, display and exploit such Ideas & Feedback for any purpose WeBuyClothes chooses, commercial or otherwise, including but not limited to incorporating it in future products or new services, documentation, or any other method, without notice or compensation to you and without further recourse by you.
- 8. Prohibited and Restricted Items and Activities
You are solely responsible for your conduct and activities on the Website and interactions with WeBuyClothes or WeBuyClothes’s Services, and all User Submissions that you submit, post, and display on Website or Services.
Without notice, WeBuyClothes reserves the right to remove, block access to, or otherwise make unavailable any User Submission or other content that is (a) in violation of the Agreement; (b) the subject of a court order or request from a governmental agency or law enforcement; or (c) otherwise unlawful, unethical, immoral, or improper for the WeBuyClothes community, as determined by WeBuyClothes in its sole discretion. Further, we may block users that repeatedly violate the Agreement or engage in other behavior necessitating a removal of a User Submission.
User Submissions and your use of WeBuyClothes shall not:
- be false, inaccurate, or misleading;
- misrepresent your identity or your affiliation with any other person or entity;
- be fraudulent or involve the sale of illegal, replica, or stolen items;
- include item listings that are not considered women’s fashion ;
- infringe upon any third-party’s rights, including any third party copyright, patent, trademark, trade secret or other proprietary or intellectual property rights, privacy rights, moral rights or other proprietary rights;
- list or sell any item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including but not limited to counterfeit, replica, or stolen items; child pornography; obscene materials; drugs; trade secrets; the dead body, or any part or product thereof, of a polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis lupus), zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish lynx, or elephant; or items that have been identified by any South African governmental agency as hazardous to consumers and therefore subject to a recall;
- arrange to swap or trade items with other members on WeBuyClothes;
- advertise or otherwise promote any Items or services other than items or User Submissions that are for viewing or for sale via the Website or Services;
- violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance, or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination, or false advertising);
- harass, annoy, stalk, harm, threaten, or otherwise engage in abusive behavior towards others, including contacting, advertising to, or soliciting any other user without prior explicit consent or using an automated system to send comments or messages to others;
- impersonate or intimidate any person (including WeBuyClothes team members or other users), or falsely state or otherwise misrepresent your affiliation with any person through the use of similar email address, nicknames, or creation of false account(s) or any other methods of deceit;
- interfere with a seller’s business or online profile;
- take any action that may undermine online reviews or feedback;
- access (or attempt to access) any portion of the Website or any Services, other personal information through any automated means (including use of scripts, scraping, or web crawlers), or violate any instructions set out in any robots.txt files present on the Website or Services;
- obtain or attempt to obtain unauthorized access to computer systems, materials, or information, including attempting to obtain, use, or access any materials or information that is not intentionally made publicly available via the Website or Services;
- send mass unsolicited messages, “flood” servers with requests, or perform similar actions;
- interfere with or disrupt the Services or Website or servers or networks connected to the same;
- manipulate, display, or access the Website or any Services or any materials or information found thereon using “framing,” “deep linking.” or similar techniques that bypass or circumnavigate the intended architecture and layout of the Website or any Services;
- contain or transmit any code or malicious software of a destructive nature, including any software that may collect user data or personal information from users of the Website or Services;
- upload, store, distribute, or disseminate electronic files that are corrupted or contain viruses, “trojans,” “spyware,” “adware,” “malware,” or any other malicious components, or take any measures, such as implementing “denial of service” attacks, “email bombs,” or other techniques that impose an unreasonable or disproportionately large burden on the Website any Services or any other WeBuyClothes system or network, or that are otherwise connected to or interface such systems or networks;
- appear to create liability for WeBuyClothes or cause WeBuyClothes to lose (in whole or in part) the services of WeBuyClothes’s internet service provider or other vendors;
- link directly or indirectly, or reference or contain descriptions of Items or services that are prohibited under this Agreement and any other policy documents posted on WeBuyClothes; or
- copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service.
In the event of a replica or misrepresented listing, WeBuyClothes will refund the buyer and claim back the earnings from the seller if the seller has been paid for that sale. WeBuyClothes reserves the right to designate certain items as Final Sale or Non-Returnable. Furthermore, you may not list any item on WeBuyClothes (or consummate any transaction that was initiated using our Services) that could cause WeBuyClothes to violate any applicable law, statute, ordinance, regulation, or that violates this Agreement.
As a security measure, we may impose transaction limits on buyers and sellers. For example, we may impose limits relating to the value of any transaction, or adjustments, relating to the cumulative value of all transactions or adjustments during a period of time. We may also impose limits related to the number of transactions per day or other period of time. We will not be liable to a seller nor a buyer if we do not proceed with a transaction or adjustment that would exceed any limit established by us, or if we cancel a transaction due to unverified buyer or seller information.
- 9. Information Control
WeBuyClothes does not control the User Submissions provided by users that are made available on the Website and Services. You may find some User Submissions to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
By using the Website and Services, you agree to accept such risks and that WeBuyClothes (and WeBuyClothes’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on WeBuyClothes. Please use caution, common sense, and practice safe buying and selling when using WeBuyClothes.
WeBuyClothes is not responsible for the availability of outside websites or resources linked to or referenced on the Website or Services. WeBuyClothes does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that WeBuyClothes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
- 10. Termination
You may cancel your account at any time by contacting our Member Care team via email at info@WeBuyClothes.com. As per Section 3 on Fees, you are responsible for paying any fees owed to WeBuyClothes upon termination of your account.
WeBuyClothes may restrict, suspend, or terminate your use of or access to the Website or Services, without notice or liability to you and in its sole discretion, and without refunding any fees, if WeBuyClothes suspects (by information, investigation, conviction, settlement, or otherwise) that (a) you are in breach of, are attempting or threatening to breach, or are acting inconsistently with the terms and spirit of this Agreement; (b) you are in breach of, are attempting or threatening to breach, or are acting inconsistently with the terms and spirit of any WeBuyClothes policy; (c) your activities on or in relation to the Website or Services may violate applicable law; (d) you are unable to verify or authenticate any of your personal information or User Submissions; (e) you have failed to pay a fee; (f) you may cause legal liability or financial loss to WeBuyClothes’s users or to WeBuyClothes; (g) you have submitted an unreasonable amount of return requests; or (h) for any other reason at any time. This includes cancelling any unverified accounts or inactive accounts, warning WeBuyClothes’s community of a user’s actions, temporarily or indefinitely suspending a user’s account privileges, terminating a user’s account, or prohibiting access to the Website or Services, and taking technical or legal steps to keep a user off the Website and refusing to provide Services to a user. Further, any suspected fraudulent, abusive, or illegal activity, including violations of the Agreement and any additional WeBuyClothes policy, may be referred to appropriate law enforcement authorities or other third parties.
WeBuyClothes reserves the right to suspend and/or terminate a user’s account or any accounts held by that user by virtue of association, including all usernames under which that user operates on the Website or Services.
- 11. PrivacyPolicy
We respect your privacy and will take all reasonable measures to protect it, as more fully detailed below.
10.2. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
10.2.1. your name and surname;
10.2.2. your email address;
10.2.3. your physical address;
10.2.4. your gender;
10.2.5. your mobile number; and
10.2.6. your date of birth.
10.3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
10.4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
10.5. Subject to clause 10.6 below, we will not, without your express consent:
10.5.1. use your personal information for any purpose other than as set out below:
10.5.1.1. in relation to the ordering, sale and delivery of Items;
10.5.1.2. to contact you regarding current or new Items or services or any other Items offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
10.5.1.3. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
10.5.1.4. to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us; or
10.5.2. disclose your personal information to any third party other than as set out below:
10.5.2.1. to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Items or when delivering Items to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
10.5.2.2. to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new Items or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
10.5.2.3. to our suppliers in order for them to liaise directly with you in the event of you submitting a warranty claim regarding any Items you have purchased which requires their involvement; and
10.5.2.4 pursuant to a corporate transaction in terms of which we sell any of our businesses or assets to a buyer of such businesses or assets.
10.6. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on us, or to protect and defend our rights or property.
10.7. We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations (save as permitted herein) in relation to your personal information.
10.8. We will –
10.8.1. treat your personal information as strictly confidential;
10.8.2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
10.8.3. provide you with access to your personal information to view and/or update personal details;
10.8.4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
10.8.5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request;
10.8.6. upon your request, promptly return or destroy any and all of your personal information in our possession or control; and
10.8.7. not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
10.9. WeBuyClothes undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, WeBuyClothes reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
10.10. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
10.11. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than WeBuyClothes, WEBUYCLOTHES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information.
- 12. Intellectual Property
All content on the Website and Services is owned by or licensed to WeBuyClothes. Subject to the Agreement, WeBuyClothes grants to you a non-exclusive, non-transferable, non-sublicensable license to access and view the Website and Service and to make a reasonable number of copies of the content on the Website and services solely for your own personal and non-commercial use. All rights not expressly granted herein are reserved to WeBuyClothes and its licensors. Other than as expressly provided above, you may not display, reproduce, distribute, modify, sell, or otherwise use any materials or content on the Website or Services, and all such content is provided on an AS IS basis.
The trademarks, logos, service marks, trade names, graphics, page headers, button icons, scripts and other designs that are displayed on the Website and Services are owned by WeBuyClothes and/or its affiliates or their third party licensors and may not be used unless authorized by the trademark owner. Nothing in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of WeBuyClothes’s Trademarks displayed on the Service, without our prior written permission in each instance. WeBuyClothes’s intellectual property may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. All goodwill generated from the use of WeBuyClothes intellectual property will inure to our exclusive benefit.
- 1. Disclaimers
WeBuyClothes is not involved in the actual transaction between Buyers and Sellers unless you purchase directly from WeBuyClothes. While WeBuyClothes may help facilitate the resolution of disputes through various programs, and may provide guarantees which are backed by the WeBuyClothes Return Policy, we have no control over and do not guarantee: (a) the existence, quality, safety, or legality of items advertised by Sellers; (b) the truth or accuracy of users’ content or listings; (c) the ability of Sellers to sell items; (d) the ability of Buyers to pay for items; (e) that a Buyer or Seller will actually complete a transaction or return an item; (f) the legal transfer of item from the Seller to the Buyer; or (g) that a buyer or seller will actually complete a transaction. WeBuyClothes reserves the right to return any sold item to any seller at any time, and to restrict or claim back from the seller earnings for any item returned to the seller.
Rather, our goal at WeBuyClothes is to maintain our Website, Services, and related tools, in a manner that is safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our Website, Services, or tools. You further acknowledge that operation of and access to our Website, Services, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that you are making use of our Website, Services, and tools at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law: WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
14.. Limitation of Liability
WeBuyClothes cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of WeBuyClothes, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@WeBuyClothes.online or by contacting 079 497 9188.
16.2. WEBUYCLOTHES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
16.3. YOU HEREBY INDEMNIFY WEBUYCLOTHES AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
- 1. Indemnification
You agree to defend, indemnify, and hold harmless WeBuyClothes and its affiliates, and their directors, officers, employees, subsidiaries, shareholders, and agents, from and against all claims, demands, liabilities, costs, taxes, losses, and expenses, including reasonable attorneys’ fees, arising from your use of the Services or Website or your breach of the Agreement, including any dispute with another user, the collection, payment or failure to collect or pay taxes if applicable, or claim from a third party. WeBuyClothes may elect to assume the defense and control of such claim and, in such case, you agree to cooperate with WeBuyClothes in the defense of such claim and to reimburse WeBuyClothes for all reasonable expenses and fees incurred in the course of defending such claim.
- Governing law and jurisdiction
18.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
18.2. In the event of any dispute arising between you and WeBuyClothes, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
18.3. Nothing in this clause 18 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
- No Guarantee
WeBuyClothes does not guarantee continuous, uninterrupted access to the Website or Services, and operation of the Website or Services may be interfered with by numerous factors outside WeBuyClothes‘s control.
- Disputes with Other Users or Third Parties
In the event a dispute arises between you and another user or a third party, WeBuyClothes encourages you to contact the user or third party to resolve the dispute amicably.
WeBuyClothes reserves the right, but has no obligation, to monitor and/or manage disputes between you and other users of the Website or Services. If you have a dispute with one or more users, you release WeBuyClothes, its affiliates and subsidiaries, and its respective officers, directors, employees, and agents from claims, demands, and damages for every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes with one or more users, or an outside party.
- Legal Compliance; Taxes
You shall comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Website and Services and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable, if any, to any purchases or sales of items you make using the Website and Services.
Where legally required or permitted to do so, WeBuyClothes shall automatically calculate, collect and remit taxes on behalf of sellers for purchases made on the Website and Services. Sellers are responsible for collecting, reporting, and paying all taxes other than those taxes that WeBuyClothes automatically calculates, collects and remits on behalf of sellers according to these terms and applicable law.
- 20. Notices
19.1. WeBuyClothes hereby selects 309 Brooks Street, Brooklyn, Pretoria, 0081 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“nominated address”). WeBuyClothes may change this address from time to time by updating these Terms and Conditions.
19.2. You hereby select the address specified on the Items order form as your nominated address, but you may change it to any other physical address by giving WeBuyClothes not less than 7 days’ notice in writing.
19.3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
19.3.1. by hand will be deemed to have been received on the date of delivery;
19.3.2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
19.3.3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
19.3.4. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
- 21. WeBuyClothesinformation
For the purposes of the ECT Act, WeBuyClothes’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
20.1. Full name: WeBuyClothes (Pty) Ltd t/ WeBuyClothes.co.za, a private company registered in South Africa with registration number 2019/242655/07
20.2. Main business: Online retailer and marketplace platform for selling of second-hand clothing.
20.3. Physical address for receipt of legal service (also postal and street address): 309 Brooks Street, Brooklyn, Pretoria, 0081
20.4. Office bearers: JJ Du Toit
20.5. Phone number: 079 497 9188
- 22. Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
- 223. No Agency
You and WeBuyClothes are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
- 234. Survival
Sections 3 (Fees), 4 (Listing and Selling), 6 (User Submitted Content, License). 8 (Information Control), 9 (Termination), 10 (Personal Information and Privacy), 11 (WeBuyClothes’s Intellectual Property), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 17 (No Guarantee), 18 (Disputes with Other Users), , 21 (Severability), 22 (No Agency), and 25 (General Terms) shall survive any termination or expiration of this Agreement.
- General Terms
This Agreement, and any rights and licenses granted hereunder, may not be transferred, assigned, or sublicensed by you without WeBuyClothes’s express written consent. On the other hand, WeBuyClothes may assign, sublicense, or otherwise transfer any rights or licenses under the Agreement, without restriction and without prior notice to you.
Following termination of this Agreement and/or your commercial relationship with WeBuyClothes, any term of the Agreement logically extended beyond such termination shall survive to the fullest extent necessary to allow you and WeBuyClothes to enforce any rights obtained or obligations incurred hereunder.
No term or provision of this Agreement is meant or intended to benefit any third party.
You agree that this Agreement will be governed by the laws of South Africa.
This Agreement represents the entire agreement and understanding between you and WeBuyClothes and it supersedes any other agreement or understanding (written, oral or implied) between you and WeBuyClothes. No other agreements, promises, representations, or understandings shall be binding upon WeBuyClothes with respect to the Website or WeBuyClothes’s Services unless contained in this Agreement, or separately agreed to in writing and signed by an authorized representative of WeBuyClothes.
Neither you nor WeBuyClothes will be deemed to have any liability whatsoever to the other or to any third party for any failure of performance hereunder occasioned by an act of God, force of nature, war or warlike activity, insurrection or civil commotion, labor dispute, transportation delay, governmental regulatory action whether or not with proper authority or other cause similar or dissimilar to the foregoing and beyond its reasonable control, provided the affected party gives prompt notice to the other party.
If any part of this Agreement shall be determined to be illegal, invalid, or unenforceable: (a) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of the parties; and (b) the remaining parts of the Agreement shall be deemed valid and enforceable, so long as the remaining parts continue to fulfill the original intent of the parties.