1. INTRODUCTION
1.1 You have arrived at our Buyer Protection Programme Terms and Conditions.
1.2 The Buyer Protection Programme Terms and Conditions, together with the Terms and Conditions for Use of this Site, Listing Policy, Privacy Policy, and Terms and Conditions (collectively, “the Site Terms and Conditions”) form part of this Agreement.
1.3 The Site Terms and Conditions are binding between you and Auction It All SA and it is therefore important that you read the Site Terms and Conditions, including the Buyer Protection Programme Terms and Conditions carefully.
2. DEFINITIONS
2.1 “Advanced Store” means the store incorporating the key features as set out in clause 3.1.2 of the Stores Terms and Conditions;
2.2 “Basic Store” means the store incorporating the key features as set out in clause 3.1.1 of the Stores Terms and Conditions;
2.3 “Auction It All SA” means MJC Contractors (Pty) Ltd, a company duly registered and incorporated in terms of the Company Laws of the Republic of South Africa having its principal place of business at 21 Arcadia Street, Pearly Beach, 7220;
2.4 “Buyer” means the person / entity purchasing the Item/s from the Seller;
2.5 “Claim Amount” means the amount paid or to be paid to the Buyer in terms of clause 6 of these Terms and Conditions;
2.6 “Foreign-Based Unverified Seller” means a Seller based in any country other than the Republic of South Africa and/or Sellers whose Items originate from any country other than the Republic of South Africa and/or whose IP address originates from any country other than the Republic of South Africa;
2.7 “Grey Products” means original or authentic Items that are imported from international sources and not through the official local distribution channels, also referred to as parallel imports;
2.8 “Item/s” means any goods, products and/or services of whatsoever nature offered for sale by Sellers to Buyers on the Site;
2.9 “Local Unverified Seller” means a Seller who is based in the Republic of South Africa and whose Items originate from the Republic of South Africa but who is not registered with Auction It All SA as a Verified Seller;
2.10 “Premium Store” means the store incorporating the key features as set out in clause 3.1.3 of the Stores Terms and Conditions;
2.11 “Seller” means the person / entity offering Items for sale to Buyers on the Site;
2.12 “Site” means the website on which Auction It All SA offers its services as a platform for Buyers and Sellers to trade, currently www.auctionitall.co.za and “Website” shall have the same meaning;
2.13 “Registered User” / “User” means the Buyer and/or the Seller;
2.14 “Verified Seller” means a Seller who has been registered with Auction It All SA as a verified user in accordance with the Verified User Terms and Conditions.
3. ABOUT THE BUYER PROTECTION PROGRAMME
3.1 The Buyer Protection Programme is intended to provide Buyers with some form of security and comfort when purchasing goods from Sellers.
3.2 The Buyer Protection Programme is not an insurance product nor an item guarantee.
3.3 The Buyer Protection Programme is simply intended to enhance the Buyer’s experience on the Site and as such, is offered at no cost to the Buyer.
4. WHEN CAN BUYERS CLAIM UNDER THE BUYER PROTECTION PROGRAMME?
4.1 The Buyer will be able to claim under the Buyer Protection Programme in the following instances:
4.1.1 if the Buyer does not receive the Item purchased, on condition that the Seller is unable to provide Auction It All SA with proof of shipment of the Item and on such other conditions as contained herein;
4.1.2 if the Item received by the Buyer is materially different from the advertisement placed by the Seller in one or more of the following respects (which determination shall be in Auction It All SA’s sole and absolute discretion):
4.1.2.1 the Item is completely different in colour, specification, type and/or configuration from the Item advertised by the Seller;
4.1.2.2 the condition of the Item purchased has been materially misrepresented by the Seller;
4.1.2.3 the Item is missing certain parts and/or key features which were specifically included in the advertisement;
4.1.2.4 the quantity of the Item(s) delivered was not as that specified in the advertisement;
4.1.2.5 the Item received by the Buyer is fake or counterfeit (Grey Products are not classified as being fake or counterfeit);
4.1.3 the Item has been returned to the Seller but the purchase price has not been refunded to the Buyer, provided that the Buyer provides Auction It All SA with adequate proof of return shipping of such Items to the Seller and on such other conditions as contained herein.
5. CONDITIONS TO CLAIMING UNDER THE BUYER PROTECTION PROGRAMME
5.1 The Buyer may only claim under the Buyer Protection Programme for those Items included on the Auction It All SA order. Any amounts paid by the Buyer to the Seller for Items not included on the order or in excess of the sum of the purchase price listed on the order will not be covered by Auction It All SA.
5.2 The Buyer may only submit one claim per Seller irrespective of the number of Items purchased by the Buyer from the Seller.
5.3 Claims under the Buyer Protection Programme are limited to Items advertised on the Site that have a delivery time of 21 (twenty-one) days or less from the date of the Buyer first having made payment to the Seller, whether in part or in full, for the Items to which the Buyer’s claim under the Buyer Protection Programme relates. In the event that an advertised Item does not stipulate a delivery time, it will be deemed to be within 21 (twenty-one) days from the date of the Buyer first having made payment to the Seller (whether in part or in full) for the Items in question.
5.4 The Items to which the Buyer’s claim under the Buyer Protection Programme relates must have been purchased on the Website and payment must have been made using the following Auction It All SA payment option: PayFast allows your customers to pay via Visa and Mastercard credit and cheque cards, Instant EFT, Masterpass, Mobicred, SCode, Zapper, SnapScan and debit cards.
5.5 The Buyer’s claim under the Buyer Protection Programme must comply fully with the provisions of clause 8 of these Terms and Conditions.
5.6 The Buyer’s Auction It All SA account must be in good standing.
6. WHAT ARE THE LIMITS OF COVERAGE UNDER THE BUYER PROTECTION PROGRAMME?
6.1 Subject to the Buyer having satisfied all conditions and requirements for payment under the Buyer Protection Programme, the Buyer Protection Programme will only pay out to Buyers who have entered into and concluded transactions:
6.1.1 with an Unverified Seller, up to a maximum of R2 000.00 (two thousand rand) as of 1st May 2024. Prior to that date the amount of R1 000.00 (one thousand rand) applies;
6.1.2 with Verified Sellers, up to a maximum of R5 000.00 (five thousand rand);
6.1.3 under the Basic Stores up to a maximum of R7 500.00 (seven thousand five hundred rand);
6.1.4 under the Advanced Stores up to a maximum of R10 000.00 (ten thousand rand);
6.1.5 under the Premium Stores up to a maximum of R12 500.00 (twelve thousand five hundred rand); and
6.1.6 in respect of purchases made on the Auction It All SA “Deal of the Week” promotion up to the sum of the purchase price paid by the Buyer to the Seller.
6.2 The amount paid to a Buyer under the Buyer Protection Programme shall be limited to the lesser of the sum of the purchase price and the maximum limit set out in clauses 6.1.1 to 6.1.5.
6.3 The amounts stated in clause 6.1 do not include shipping charges and the Buyer shall not be permitted to claim for a refund of shipping charges under the Buyer Protection Programme, unless Auction It All SA in its sole and absolute discretion decides otherwise.
7. SPECIFIC EXCLUSIONS
7.1 Auction It All SA will not provide cover under the Buyer Protection Programme where:
7.1.1 the Buyer has “buyer’s remorse” (a feeling of regret or guilt after having purchased an Item);
7.1.2 the Buyer and the Seller have agreed or arranged a delivery time in excess of 21 (twenty-one) days;
7.1.3 the Buyer has an Item quality dispute, i.e. a dispute in respect of the intended use and/or suitability of an Item;
7.1.4 the Buyer has already instituted civil or criminal action against the Seller alternatively, has already claimed the sum of the purchase price or such other sums to which the Buyer may be entitled, under any insurance policy;
7.1.5 the Items have been shipped to the Buyer’s stipulated delivery address and the Buyer himself, ships the Items to another address;
7.1.6 the Buyer’s claim is in respect of the purchase of a car, bike or other motorized or mechanically operated equipment;
7.1.7 the Buyer’s claim is in respect of the purchase of immoveable property and/or timeshare;
7.1.8 the Buyer’s claim is in respect of the purchase of travel, accommodation and/or entertainment-related products;
7.1.9 the Buyer’s claim is in respect of the purchase of a business and/or websites for sale;
7.1.10 the Buyer’s claim is in respect of the purchase of any classified advertisement;
7.1.11 the Buyer has purchased Items that are specifically made to the Buyer’s specifications, including but not limited to, custom-made jewellery, furniture, clothing and the like;
7.1.12 the Buyer has purchased intangible Items including, but not limited to, digital downloads, downloadable software, domain names, vouchers, coupons and e-books;
7.1.13 Items are not delivered due to postal strikes or industrial action;
7.1.14 Items have not been delivered due to Customs or postal delays or the Buyer has failed to collect the Item from Customs or the post office;
7.1.15 Items are collected by the Buyer or delivered to the Buyer in person;
7.1.16 payment is made directly to the Seller by means of (without limitation) the following payment methods: internet transfers, cash on delivery, traveller’s cheques, post office boxes, PayPal, transactions concluded off the Site, i.e. the Buyer was not the winning bidder at the close of the auction or “buy now”;
7.1.17 Items are lost, stolen or damaged in transit or post;
7.1.18 the Items purchased are equivalent to cash including, but not limited to, prepaid Items, vouchers or gift cards;
7.1.19 the dispute relates to the market price of the Item as indicated by the Seller in its advertisement; or
7.1.20 the Items purchased are prohibited and/or illegal, irrespective of whether the Buyer purchased the Items knowingly or unknowingly.
8. WHEN AND HOW TO SUBMIT A CLAIM UNDER THE BUYER PROTECTION PROGRAMME
8.1 The Buyer must, before submitting a claim under the Buyer Protection Programme:
8.1.1 in the case of the non-delivery of the Item, contact the Seller and request the delivery of the Item within 3 (three) days of such request;
8.1.2 where the Item differs materially from that advertised, contact the Seller to inform the Seller that the Item differs materially from that advertised and request that the Seller arrange delivery of the correct Item within 3 (three) working days of such request;
8.1.3 in the case of the Seller not having yet refunded the purchase price despite the Item having been returned, contact the Seller and request that the Seller refund the purchase price within 3 (three) working days of such request.
8.2 Where the Buyer has requested the delivery of the Item or the correct Item, the Seller must furnish the Buyer with an update on the status of the delivery of the Item and furnish the Buyer with all tracking information. Should the Seller inform the Buyer that:
8.2.1 the Item cannot be delivered; or
8.2.2 the Item description is incorrect but the Seller is not in possession of the correct Item; then the Seller must, in both instances, refund the full purchase price to the buyer and in the case of clause 8.2.2, the Buyer must return the Item to the Seller.
8.3 If the Seller does not respond to the Buyer within 3 (three) working days of the Buyer’s request that the Seller deliver the Item, deliver the correct Item or refund the purchase price, as the case may be, the Buyer may submit a claim to Auction It All SA in terms of the Buyer Protection Programme.
8.4 The claim must however be submitted:
8.4.1 in the case of the non-delivery of the Item or failure of the Seller to deliver the correct Item within 21 (twenty one) days from the date on which the Buyer first made payment to the Seller for the Item, whether in part or in full;
8.4.2 in the case of a failure of the Seller to refund the purchase price, to the Buyer, within 3 (three) working days after the expiry of the 3 (three) working day period of the Buyer’s request that the Seller refund the purchase price.
8.5 Failure of the Buyer to submit a claim within the period specified will result in the Buyer’s claim being declined.
8.6 Auction It All SA may, in its sole and absolute discretion, extend the refund processing period in order to take into consideration locations, shipping options, holidays, labour strikes, industrial action, natural disasters, national emergencies and/or acts by Government.
8.7 All claims under the Buyer Protection Programme can be submitted here or by emailing: info@auctionitall.co.za
9. PROCESSING OF THE BUYER’S CLAIM
9.1 Upon receiving the Buyer’s claim, Auction It All SA will review the information and documentation provided by the Buyer and request that the Seller and/or Buyer provide such further information and/or documentary proof as may be necessary or required by Auction It All SA to adequately review the Buyer’s claim.
9.2 If Auction It All SA determines that the Item has not been delivered, is indeed not as advertised or that the Seller has failed to refund the purchase price to the Buyer and the Buyer has satisfied all other conditions as stipulated in these terms and conditions for payment under the Buyer Protection Programme, Auction It All SA will refund the Buyer’s Auction It All SA account with the Claim Amount.
9.3 If, after having reviewed the information / documentation, Auction It All SA finds that the Item has been successfully delivered or can be tracked, the Buyer’s claim will be declined.
9.4 If, after having reviewed the information / documentation, Auction It All SA finds that the Item is as described or matches the listing description on the advertisement or is unable to determine whether the Item is as described or whether it matches the listing description, the Buyer will be required to return the Item to the Seller and request a refund of the purchase price or replacement of the disputed Item. In this case, the Buyer must return the Item:
9.4.1 in the same condition in which it was received;
9.4.2 using a tracking number; and
9.4.3 insured at the Buyer’s cost.
9.5 Should the Buyer submit a claim in respect of an Item which, at face value, appears to be fake or counterfeit, the Buyer will be required to prove that the Item is fake or counterfeit. Auction It All SA may request that the Seller provide proof of the authenticity of the Item. Should Auction It All SA, in its sole and absolute discretion, determine that the Item is fake or counterfeit and the Seller refuses to refund the Buyer to the sum of the purchase price, Auction It All SA will reimburse the Buyer to the Claim Amount.
9.6 Auction It All SA will not entertain or process any fraudulent claims lodged by the Buyer. For the purposes of these Terms and Conditions, fraudulent claims shall include, but not be limited to, the Buyer lodging an excessive number of claims, a Buyer colluding with the Seller in order to claim under the Buyer Protection Programme, lodging of false claims and a Buyer filing a charge back after payment of the Claim Amount by Auction It All SA.
9.7 Should the Buyer lodge a claim under the Buyer Protection Programme, the Buyer shall not be entitled to pursue any other method of recovery until the claim has been considered by Auction It All SA and a decision made with regards to the Buyer’s claim. If the Buyer, after lodging a claim under the Buyer Protection Programme, simultaneously pursues another method of recovery, the Buyer shall be required to refund Auction It All SA to the sum paid to the Buyer under the Buyer Protection Programme.
9.8 Buyers and Sellers acknowledge that their personal information may be released by Auction It All SA in the processing of a Buyer’s claim and the Buyer and Seller consent thereto.
9.9 Any decision made by Auction It All SA in respect of the Buyer’s claim under the Buyer Protection Programme shall be final and binding on the Buyer and the Seller and no provision is made for the appeal or review of any such decision.
10. PAYMENT OF THE CLAIM AMOUNT AND THE SELLER’S LIABILITY
10.1 Should the Buyer be successful in his/her/its claim under the Buyer Protection Programme, Auction It All SA shall make payment of the Claim Amount through PayGate systems into the Buyer’s Auction It All SA account, alternatively by issuing a PayGate voucher to the sum of the Claim Amount which can used for payment against future purchases on the Site.
10.2 The Seller, against whom the Buyer has been successful under the Buyer Protection Programme, shall be required to reimburse Auction It All SA to the sum of the Claim Amount and Auction It All SA shall be entitled to recover the Claim Amount from the Seller by any means necessary, including without limitation, debit orders or debiting of credit cards.
11. GENERAL
11.1 The Buyer and/or Seller shall be liable for all costs incurred by Auction It All SA in the recovery of any amounts or the enforcement of any rights which it has hereunder, including collection charges and costs on an attorney and own client scale and costs of Counsel as on brief whether incurred prior to or during the institution of legal proceedings if judgment has been granted, in connection with the satisfaction or enforcement of such judgment.
11.2 Auction It All SA may, in its sole and absolute discretion, terminate, suspend or take any action whatsoever that it deems necessary in respect of the Buyer’s or Seller’s account at any time by furnishing written notice to the Buyer or Seller.
11.3 The Buyer and Seller choose as their domicilium citandi et executandi (“domicilium”) for the purposes of the giving of any notice, the payment of any sum, serving of any process and for any other purpose arising from these Terms and Conditions as set out the registration form. Each of the Parties shall be entitled, from time to time, by written notice to the other, to vary its domicilium to any other address which is not a post office box or poste restante. Any notice given by any party to the other (“the addressee”) shall be in writing and if:
11.3.1 delivered by hand during normal business hours of the addressee at the addressee’s domicilium for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee on the day of delivery;
11.3.2 posted by pre-paid registered post to the addressee at the addressee’s domicilium for the time being shall be presumed, until the contrary is proved, to have been received by the addressee on the 4th (fourth) business day after posting;
11.3.3 transmitted by telefacsimile or email to the addressee’s telefacsimile or email address for the time being shall be presumed, until the contrary is proved by the addressee, on the 1st (first) business day after the date of transmission.
11.4 Any Buyer who receives fake or counterfeit Items hereby agrees and undertakes to ensure that the aforesaid Items are destroyed and will not be resold to other Buyers on the Site. Any Buyer who engages in the reselling of the fake or counterfeit Items will have his account blocked and thereafter terminated by Auction It All SA without any notice to the Buyer. Auction It All SA also reserves the right to claim for such damages as may be suffered by Auction It All SA as a result of the Buyer having resold fake or counterfeit Items.
11.5 Auction It All SA hereby reserves the right to terminate the Buyer Protection Programme and/or amend these Terms and Conditions, including the limits of cover at any time, without notice.
For any further assistance or information please email: info@auctionitall.co.za