Buyer Protection Programme Terms and Conditions

 

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Effective Date of these Terms and Conditions is 22 September 2014.

BUYER PROTECTION PROGRAMME TERMS AND CONDITIONS


1.    INTRODUCTION

1.1.    You have arrived at our terms and conditions for the Buyer Protection Programme. These terms and conditions, together with our terms and conditions on our Site, namely: Terms and Conditions of this Site, bobPay User Agreement, Billing Statement, the Rating Systems Rules, Listing Policy, Verified User Agreement, Privacy Statement, Affiliate Terms and Conditions, SMS Terms and Conditions, Mobile Device Terms & Conditions, Store Terms and Conditions and our bobBucks Terms & Conditions (the “Site terms and conditions”) form part of this Agreement.

1.2.    These terms and conditions are binding between you and bidorbuy. It also sets out some of the terms and conditions governing the sale and purchase of goods, products and services on this Site, so please read it carefully. Please note that you are required to accept the Site terms and conditions and these terms and conditions before bidorbuy will accept you as a Buyer. If you are uncertain, or do not agree with the terms and conditions below or any of the Site terms and conditions, then you should not accept them, which will result in bidorbuy declining its offer for you to trade as a Buyer.

1.3.    This facility is offered on a test basis for a duration to be determined at bidorbuy’s sole discretion and it may be amended or cancelled at any time at bidorbuy’s sole discretion.


2.    DEFINITIONS

2.1.    “Advanced Store” means the Store incorporating the key features as set out in clause 3.1.2 of the Store Terms and Conditions;

2.2.    “Basic Store” means the Store incorporating the key features as set out in clause 3.1.1 of the Store Terms and Conditions;

2.3.    “bidorbuy” means Bidorbuy (Pty) Ltd, a company duly incorporated in terms of the Company Laws of South Africa and having its principal place   of business of 22 Ealing Crescent, Silver Point Office Park, Bryanston.

2.4.    “Buyer” means a buyer who has accepted these terms and conditions as well as the terms and conditions as set out in clause 1.1;

2.5.    “Buyer’s Remorse” means an emotional response, including but not limited to anxiety, fear, pressure, resentment, high value or inconsistency with expectation by the Buyer which results in the Buyer lodging a claim with bidorbuy;

2.6.    “Claim Amount” means the amount paid by bidorbuy to the Buyer upon successful completion of a claim which amount will include the full purchase price alternatively the threshold amounts as set out in terms of clause 3.2 whichever is the lesser amount.

2.7.    “Foreign based unverified seller” means a seller based in any country other than South Africa and/or sellers whose products originate from any country other than South Africa and/or whose IP address originates from any country other than South Africa;

2.8.    “Grey products” means original or authentic products that are imported from international sources and not through the official local distribution channels. These products are also commonly referred to as parallel imports and do not constitute fake or counterfeit products.

2.9.    “Item” means any products or services of whatsoever nature that are made available by the Seller to the Buyer on bidorbuy’s platform.

2.10.    “Item quality issues” means those issues that relate to the intended use, suitability and sale ability of an Item;

2.11.    “Local unverified seller” means any seller based in South Africa who products originate from South Africa and who is not registered with bidorbuy as a verified user;

2.12.    “Premium Store” means the Store incorporating the key features as set out in clause 3.1.3 in the Store Terms and Conditions;

2.13.    “Seller” means a foreign unverified seller, local unverified seller and verified seller.

2.14.    “Services” means any type of intangible economic activity which requires the performance of duties in fulfilling the economic activity.

2.15.    “Verified Seller” means a seller who has been registered with bidorbuy as a verified user.


3.    TERMS AND CONDITIONS OF THE BUYER PROTECTION PROGRAMME

3.1.    Terms and conditions:

3.1.1.    Buyers must fully comply and adhere to the terms and conditions stated above and below (“the Buyer Protection Programme terms and conditions”), as well as with any other terms and conditions recorded on the Site terms and conditions;

3.1.2.    Bidorbuy reserves the right to make amendments to the Buyer Protection Programme terms and conditions as well as the terms and conditions recorded on the Site terms and conditions from time to time without notice to the Buyer and it is therefore the Buyer’s responsibility to keep up to date with any amendments or notices of cancellation or termination of service.


3.2.    Limits of Cover:

3.2.1.     Buyers who enter into and conclude transactions with:

3.2.1.1   Foreign unverified sellers will be covered by bidorbuy for an amount of up to R1 000 (one thousand rand);

3.2.1.2   Local based unverified sellers will be covered by bidorbuy for an amount of up to R1 000.00 (one thousand rand);

3.2.1.3   Verified sellers will be covered by bidorbuy for an amount of up to R5 000.00 (five thousand rand);

3.2.1.4   Basic Stores will be covered by bidorbuy for an amount of up to R7 500 (seven thousand five hundred rand);

3.2.1.5   Advanced Stores will be covered by bidorbuy for an amount of up to R10 000 (ten thousand rand); and

3.2.1.6   Premium Stores will be covered by bidorbuy for an amount of up to R12 500 (twelve thousand five hundred rand);

3.2.1.7   Purchases made on the bidorbuy Deal of the Week are covered 100%.

3.2.2.     The limits above refer to the maximum amount to be covered under the Buyer Protection Program between a buyer and and seller, irrespective of the number of items purchased or orders placed with that particular seller.

3.2.3      Claims are limited to one claim per seller.


3.3.    Extent of Coverage by bidorbuy

bidorbuy will provide the cover as set out in clause 3.2 should one or more of the following situations arise or occur:


3.3.1.    If the Buyer does not receive the Item purchased, on condition that the Seller is unable to furnish to bidorbuy proof of shipment;

3.3.2.    If the product received by the Buyer significantly differs from the advertisement placed by the Seller in one or more of the following respects:

3.3.2.1    the Item is completely different in colour, specification, type and/or configuration from the item advertised by the Seller;

3.3.2.2    the condition of the Item purchased has been misrepresented;

3.3.2.3    the Item is missing certain parts and /or key features;

3.3.2.4    the quantity of the Item delivered was not the specified quantity purchased; and

3.3.2.5    the Item received is fake or counterfeit, however grey products are specifically excluded from this clause.

3.3.3.    The Item was purchased on the bidorbuy platform and payment was made using either the bobPay EFT, bobPay Credit Card, Discovery Miles, Paylater, Cash Deposit into bidorbuy’s accounts and/or bobBucks method.

3.3.4.    The account is an account in good standing with bidorbuy as determined by bidorbuy in their sole discretion;

3.3.5.    The claim is lodged no later than 30 (thirty) days after the date of payment by the Buyer;

3.3.6.    The payment is only for the items included on the bidorbuy order. Any additional payments made over and above the expected payment total for the initial items included on the order, will not be covered by bidorbuy; and

3.3.7.    If the Item has been returned to the Seller but the purchase price has not been refunded. The Buyer must provide proof of return of shipping to bidorbuy.


3.4.    Exclusion of Coverage

bidorbuy will not provide cover to Buyers as set out in clause 3.2 and 3.3, in one or more of the following situations:

3.4.1.    Where the Buyer has Buyer’s Remorse;

3.4.2.    Where the Buyer has an Item quality issue;

3.4.3.    Where the Buyer has already processed his claim through another method and thereafter submits a claim to Bidorbuy in terms of this Agreement;

3.4.4.    Where Items were shipped to another address after delivery took place at the address furnished to the Seller;

3.4.5.    Where the claim is in respect of purchases of cars, bikes, boats and other vehicles or any motorized or mechanically or operated equipment;

3.4.6.    Where the claim is in respect of the purchase of immovable property and/or timeshare;

3.4.7.    Where the claim is in respect of the purchase of travel, accommodation and entertainment related products;

3.4.8.    Where the claim is in respect of the purchase of businesses and/or websites for sale;

3.4.9.    Where the claim is in respect of the purchase of any classified advertisement;

3.4.10.   Any and all services or contracts of whatsoever nature;

3.4.11.   Where the Buyer has purchased Items that are made specifically to the Buyer’s specifications ie. Custom made;

3.4.12.   Where the Buyer has purchased intangible goods, including but not limited to digital goods, downloadable software, domain names, vouchers, coupons and ebooks;

3.4.13.   Where goods are not delivered due to postal strikes or industrial action

3.4.14.   Customs or postal delays or non-collection from Customs or the post office;

3.4.15.   Where payment is made directly to the seller or by the following payment methods, including but not limited to – internet transfers, cash (C.O.D.), traveler’s cheques, sent to post office boxes, transactions concluded off the site, i.e. the Buyer was not the winning bidder at the close of the auction or buy now;

3.4.16.   Goods that are damaged, lost or stolen in transit or post are not covered by the bidorbuy Buyer Protection Programme terms and conditions (for this you need to find out the policy of the shipping carrier or courier and make separate arrangements if necessary);

3.4.17.   Items that are picked up or delivered in person; and

3.4.18.   Items equivalent to cash, including prepaid Items, vouchers or gift cards.

3.4.19.   Disputes relating to the indicative market price of any item.

3.4.20.   Where goods are prohibited and/or illegal and the buyer purchases such items knowingly or unknowingly.


3.5.    Submitting a Claim in terms of non-delivery of the Item

3.5.1.    Should the Buyer not receive the Item purchased on bidorbuy’s platform from the Seller, the Buyer must follow the below mentioned process to submit a claim to bidorbuy:

3.5.1.1.   provided the Buyer has waited the stipulated delivery time as set out in the Seller’s advertisement, the Buyer shall contact the Seller and request delivery of the Item.

3.5.1.2.   the Seller is required to provide an update to the Buyer on the status of delivery of the Item and furnish the Buyer with the tracking information;

3.5.1.3.   should the Seller inform the Buyer that the Item cannot be delivered, the Seller must refund the Buyer the full purchase price paid by the Buyer for the Item;

3.5.1.4.    if the Seller does not respond to the Buyer within 3 (three) working days in terms of clause 3.5.1.2, the Buyer must lodge their claim here within 30 (thirty) days of the date of order payment together with all information and documentation that will assist bidorbuy to deal with the claim. Failure to submit a claim within the period specified, will result in claims being declined;

3.5.1.5.    upon receiving the claim in terms of clause 3.5.1.4, bidorbuy will review the information and documents provided by the Buyer and request further information and documentary proof from both the Buyer and Seller if required.

3.5.1.6    should bidorbuy after reviewing the information, documents and additional information, find that the Item has been successfully delivered alternatively that the Item’s delivery can be tracked, bidorbuy will not process the claim and the Buyer will not be entitled to a refund;

3.5.1.7    should bidorbuy after reviewing the information, documents and additional information find that the Item has not been delivered successfully to the Buyer and that no exclusions as set out in clause 3.4 exist, bidorbuy will process a claim and will refund the Buyer in terms of clause 3.2.


3.6.    Submitting a claim in terms of incorrect listing description

3.6.1.    Should the Buyer receive the Item purchased on bidorbuy’s platform from the Seller, but the Item differs significantly from the advertisement placed by the Seller in accordance with clauses 3.3.2.1 to 3.3.2.5, the Buyer must follow the below mentioned process to submit a claim to bidorbuy:

3.6.1.1.    the Buyer shall contact the Seller, notify the Seller of the incorrect Item and request the correct Item from the Seller;

3.6.1.2.    the Seller is required to provide the Buyer with the Item description;

3.6.1.3.    should the Seller inform the Buyer that the Item description is incorrect and that he does not have the correct Item, the Seller must refund the Buyer the full purchase price paid by the Buyer for the Item;

3.6.1.4.    the seller will have 3 working days to respond;

3.6.1.5.    if the Seller does not respond to the Buyer within 3 (three) working days in terms of clause 3.6.1.4, the Buyer must lodge his claim here within 30 (thirty) days of the date of order payment. Failure to submit a claim within the period specified, will result in claims being declined;

3.6.1.6.    bidorbuy will review the listing and description or may request further proof from both Buyer and Seller. If the Item materially matches the description in bidorbuy’s sole opinion, no claim will be processed;

3.6.1.7.    if bidorbuy determines that the Item is indeed not as described, we will process the claim and refund the Buyer’s bob account with the Claim Amount only. The Seller will thereafter reimburse bidorbuy for the Claim Amount;

3.6.1.8.    should bidorbuy be unable to determine if the Item is as described, does not match the listing description, the Buyer will need to return the Item back to the Seller or if the Seller agrees to a return, the Buyer must return the Item for a refund;

3.6.1.9.    the Buyer must return the Item in the same condition in which it was received;

3.6.1.10.    Items must be returned using a tracking number and insured at the Buyer’s cost to avoid any further issues;

3.6.1.11.    in respect of counterfeit or fake Items at face value, the Buyer may need to prove that the Items are not genuine or authentic. Bidorbuy may also ask the Seller for proof of authenticity of the Items;

3.6.1.12.    should bidorbuy in its sole discretion determine that the Items are fake or counterfeit, and the Seller is not contactable or is not co-operating, bidorbuy will process the claim;

3.6.1.13.    the Seller will be liable and will need to re-imburse bidorbuy for the Claim Amount;

3.6.1.14.   if the Item is determined to be genuine, no claim will be processed by bidorbuy;

3.6.1.15.    The Buyer and Seller agree that bidorbuy will make the final decision on the material description of the Item;

 

3.7.    Resolution of Claims

3.7.1.   Bidorbuy will not entertain or process any fraudulent claims lodged by a Buyer. For the purposes of these terms and conditions, fraudulent claims include but are not limited to the Buyer lodging an excessive number of claims, a Buyer colluding with a Seller and lodging false claims and a Buyer filing a charge back after knowingly receiving a refund in respect of his claim lodged with bidorbuy.

3.7.2.   Should the Buyer lodge a claim in accordance with clauses 3.5 and 3.6, the Buyer will be obliged to proceed with the claim process herein and will not be entitled to pursue any other method of recovery until the claim has been considered by bidorbuy and a decision made.

3.7.3.   Should the Buyer after lodging a claim with bidorbuy simultaneously pursue another method of recovery that results in bidorbuy experiencing a charge back, the Buyer will be liable for refunding bidorbuy with the amount charged back to bidorbuy.

3.7.4.   Should the Buyer pay for an Item using PayPal and the aforesaid Item is not delivered to the Buyer, the Buyer must first contact PayPal and process a claim for a refund through PayPal. Should the claim through PayPal be unsuccessful, the Buyer must thereafter process his claim through his credit card issuer.

3.7.5.   Should the Buyer be unsuccessful with his claim against PayPal and his respective credit card issuer, the Buyer may then lodge his claim with bidorbuy together with all proof of the unsuccessful claims lodged with PayPal and his credit card issuer.

3.7.6.   In certain instances, bidorbuy if warranted and at its sole election, may lodge a claim in accordance with clauses 3.5 or 3.6 and process same on behalf of a Buyer.

3.7.7.   All refunds paid to Buyers will be done through the bobPay system into the Buyer’s bob account alternatively through bobBucks vouchers for purchases on bidorbuy at bidorbuy’s sole election.


3.8.    Costs

3.8.1.    The Buyer and/or Seller shall be liable for all costs incurred by bidorbuy 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.


3.9.    Termination

3.9.1    Bidorbuy may in its sole discretion terminate, suspend or take whatever action it deems necessary on the Buyer’s or Seller’s account at any time by furnishing written notice to the Buyer or Seller.


3.10.    Domicilium and notices

3.10.1.    The Buyer chooses his 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 this document at the address as set out in the bidorbuy Registration form to which this Buyer Protection Terms and Conditions are attached. The Buyer agrees that should any notice be received in terms of the National Credit Act that such notice may be given by pre-paid registered post.

3.10.2.    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.

3.10.3.    Any notice given and any payment made by any party to any other (“the addressee”) shall be in writing and if:

3.10.3.1.    delivered by hand during the 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 at the time of delivery;

3.10.3.2.    posted by prepaid registered post to 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 4th day after the date of posting;

3.10.3.3.    transmitted by telefacsimile or e mail to the addressee’s telefacsimile or e mail address for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee on the 1st business day after the date of transmission.


3.11.    General

3.11.1.    All and any business undertaken, including any advice, information or service provided whether gratuitously or not by bidorbuy is subject to these terms and conditions and the Site terms and conditions, which Site terms and conditions shall be deemed to be incorporated herein.

3.11.2.    During the processing of a claim, the Buyers and/or Seller’s details may be released by bidorbuy in respect of the claim.

3.11.3.    Bidorbuy shall be allowed to 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.

3.11.4.    Bidorbuy does not warrant that these Buyer Protection terms and conditions are an Item guarantee.

3.11.5.    Any financial decisions made by bidorbuy in respect of a claim and possible refund thereof will be final and binding upon the Buyer and Seller and no appeal of the aforesaid claim will be allowed.

3.11.6.    Bidorbuy hereby reserves the right to decide on whether shipping charges will form part of the Claim Amount or not.

3.11.7.    Should the Seller be found to be liable for the claim paid to the Buyer by bidorbuy, bidorbuy will be entitled to recover the Claim Amount paid to the Buyer from the Seller through any means necessary, including but not limited to debit orders, and/or debiting of credit cards.

3.11.8.    Any Buyer who receives fake or counterfeit Items hereby agrees that the aforesaid Items will be destroyed and will not be resold to other buyers on the Platform. Any Buyer who engages in the reselling of the fake or counterfeit Items will have his buyer account blocked and thereafter terminated by bidorbuy without any notice to him. Bidorbuy reserves the right to claim damages.

3.11.9.    This facility will come into operation and effect on the effective date, namely 22 September 2014. Any claims made prior to the effective date must be lodged in accordance with the previous terms and conditions of Site.

3.11.10.    Please note that bidorbuy reserves the right to amend these terms and conditions and the Site terms and conditions.

3.11.11.    Bidorbuy reserves the right, in our sole discretion, to amend the terms and conditions of this buyer protection program including the limits of cover.

3.11.12. For any further assistance of information please email claims@bidorbuy.co.za.
 

 

Terms & Conditions | bobPay User Agreement | Billing Statement | Rating Rules | Listing Policy | Verified User Agreement | Privacy Statement | Affiliate Terms | SMS Terms & Conditions | Mobile Device Terms & Conditions | Stores Terms & Conditions | bobBucks Terms & Conditions | Buyer Protection Programme Terms & Conditions