Bid2Gro (e – auctions) Terms & conditions
These terms and conditions, together with the Tradesafe terms & conditions form the user agreement.
This Agreement is a binding agreement between you and bid2gro. It also sets out some of the terms and conditions governing you selling and purchasing goods and services on this site.
You will only be provided with our services once you have accepted the terms and conditions of this Agreement.
AUCTION TERMS AND CONDITIONS
1 Trading on this Site
1.1 As we are not involved in any sale and purchase of any goods and services on this Site, save for providing a venue for an auction of goods and services, you hereby agree and acknowledge that we:
1.2 are only the platform for bringing buyers and sellers together and therefore we have no control of any goods offered for sale and/or sold on this Site;
1.2 Bid2gro has no control over whether, nor do we warrant that, the goods and services offered for sale on this Site are legally able to be sold.
1.3 Bid2gro cannot guarantee, nor do we represent or hold out that the descriptions of any goods and services on this Site will be accurate;
1.4 Bid2gro has no control over, nor do we represent or hold out that a Seller or Buyer will perform their respective sale and purchase obligations of goods or services auctioned on this Site;
1.5 Bid2gro has no control, nor do we represent or hold out that a Buyer will pay for the goods and services that he/she has successfully bid for in an auction on this Site;
1.6 Bid2gro cannot guarantee or confirm that each Buyer and Seller is who they claim to be;
1.7 Bid2gro will not be involved in any dispute between any Buyer and Seller arising out of any transaction/s undertaken on this site.
1.8 As a user you will respect and maintain the privacy of all other buyers and sellers, and that you will comply with the provisions of the Protection of Personal Information Act, insofar as it applies, in processing any and all personal information pertaining to such persons whether obtained from bid2gro, the Seller or Buyer themselves.
2 Service Provision
2.1 We will provide you with a username and password in order to login.
2.2 It is your sole responsibility to provide all necessary equipment, network connections and software in order to access this Site.
2.3 You agree that bid2gro may restrict and/or terminate its services to you at any time without having to furnish any reasons for doing so.
3.1 Registering, bidding on, buying and creating items on this Site is free of charge
3.2 All successful sales will be channelled through our payment partner, Tradesafe thus both buyers and sellers obliged to register with Tradesafe, agreeing with their terms and conditions and fee structures.
The current Tradesafe transaction fees are, R20 (base fee) +3% of the transaction value.
This fee is due by the buyer.
3.3 A success fee will be charged at a rate of 6.5% for all successful transactions .This fee is due by the seller and will automatically subtracted from the sellers statement and pay out amount.
3.4 We may choose in our sole discretion to change our fee structure, billing and credit rules from time to time and such changes shall be effective forthwith.
3.5 All fees are quoted in South African Rand (ZAR).
4.1 You confirm that your information provided to us is accurate and not false, misleading, deceptive or fraudulent.
4.2 Goods or services offered for sale are in compliance with all applicable laws, government regulations or guidelines.
4.3 Goods aren’t forged, threatening or offensive or otherwise constitutes harassment.
4.4 You will not defame any other person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature.
4.5 Your goods or services will not contain child pornography, bestiality or any other obscene or offensive material.
4.6 You are the legal owner of the goods and services you are offering for sale on this Site and you have the legal capacity to conclude the sale and to pass the title in the goods and services to the successful Buyer.
4.7 if a Buyer who is a dealer in terms of the Second Hand Goods Act makes a request for the information necessary to complete his register, you agree that the said information will not be unnecessarily withheld,
4.8 You represent and warrant to us and to the Buyer separately that your information will be kept up to date and that you will edit your account/profile and any other information accordingly.
4.9 You also warrant that the pictures and description of the goods and services you offer for sale on this site are not misleading but a true reflection of the actual articles, and are not defective unless otherwise stated.
4.10 your good or services offered for sale on this site will be in compliance with the laws of the Republic of South Africa including the Consumer Protection Act effective 1 April 2011.
4.11 The Seller may set a reserve price, or minimum price for the goods and services, but that reserve price may not be published or made public under any circumstances.
4.12 You need to note that all proceeds arising out of the b-auction or Beneficial auctions category (less the success fee) are paid directly into the relevant beneficiary’s account. Goods or services placed on this category should be viewed as a donation to the relevant beneficiary.
4.12 All bids and prices are stated in South African Rand (ZAR).
4.13 All auction selling prices will be considered as including VAT.
5.1. You confirm that your information provided to us is accurate and not false, misleading, deceptive or fraudulent.
5.2 Your information will be kept up to date and that you will edit your account/profile and any other information accordingly.
5.3 You have the legal capacity to purchase any goods or services that you bid for, and, will not otherwise be breaching any law in purchasing those goods or services.
5.4 You will not bid for any goods or services on this Site unless you are able, and have sufficient, available capacity to pay for those goods or services.
5.5 The purchase of any goods and/or services on this Site solely at your own risk.
5.6 You have acquired the necessary information required to comply with the Second Hand Goods Act from the Seller (if relevant).
5.7 You agree to settle all payments relating to this site with our payment partners, “Tradesafe” and accept their terms and conditions as well as the fee structure.
6 Auction rules and conduct
6.1 You shall not engage in bid manipulation to unfairly induce any other person to make bids and/or manipulate the bid price.
6.2 Bids below the stated minimum price (if there is one) will be not be accepted.
6.3 In cases where highest bid does not reach the reserve price (if there is one), no bid will be regarded as having been successful.
6.4 The successful bidder will be the buyer who placed the highest bid (provided the reserve price has been reached if applicable).
6.5 Once an auction is closed all bids are final and not retractable by the Buyer.
6.6 A buyer has twelve hours to complete the payment of the purchased goods or face forfeiting the transaction.
6.7 Buyers who fail to pay for their goods or forfeit their transactions due to non-compliance of the 12 hour window period may be black listed or barred from the site at the discretion of Bid2gro.
7 Completion of Sale and Purchase of Goods or Services
7.1 We will notify the Seller and the successful Buyer of the successful sale of any goods or services by automated email when an auction closes.
7.2The buyer will be redirected to the Tradesafe platform.
7.3 The buyer will tender payment via EFT,Visa or Mastercard for bid won.
7.4 Tradesafe also offer an optional courier service for your convenience.
7.5 The money will be kept in an ESCROW until such time when the goods are delivered or collected and the buyer is satisfied with the purchase.
7.6 Once the buyer is satisfied they will be able to accept the trade which will release the funds to the seller.
7.7 We have no involvement in the sale and purchase of any goods and services other than providing a venue for an auction and as such we won’t accept returns of any goods and services purchased on this Site as we are not the Seller. You must therefore direct all enquiries, of whatever nature, including, but not limited to, goods and services being of a defective nature, not fit for a particular purpose, or non-delivery of any goods and services, to the Seller, at whose sole discretion, the goods or services may be replaced or the price refunded.
8 GENERAL TERMS AND CONDITIONS
8.1 bid2gro may Change These Terms and Conditions at our own discretion.
8.2 We obtain the right to change the terms of this Agreement at any time and to implement with immediate effect.
8.3 You agree that in any case of any unethical, unlawful, or disrespectful behaviour by you, we may at our own discretion blacklist you from the site or/and report such matters to the authorities if deemed necessary.
8.4 You agree not to put the following items on auction on bid2gro:
8.4.1 Medication of any kind whether legal or not
8.4.2 Alcoholic substances whatsoever.
8.4.3 Lotto tickets or any other gambling related products.
8.4.4 Smoking related products.
8.4.5 Diet or weight- loss products
8.4.6 Tickets for sports tournaments, entertainment or anything else allowed
You agree to promptly inform us of any breach by you of the terms of this Agreement and of any conduct of another user that you think may be a breach of this Agreement.
10 Use of Site
10.1 In using this Site, you may not:
10.1.1 offer, sell or bid for any Prohibited Goods and Services
10.1.2 offer, sell ,or bid for, any goods and services if this breaches any law applicable to you; and
10.1.3 engage in any practice or conduct that is unlawful under any laws applicable to you.
10.2 You are required to adhere to all auction rules and conduct at all times.
10.3 You are required to be registered as a user on bid2gro.
10.4 You are at least 18 years of age, have a valid South African identity number and a South African bank account.
11 Entering into this Agreement
11.1 You confirm that:
11.1.1 you are an individual that you are eighteen (18) years of age or over and of full legal capacity and thus capable of entering into this Agreement; or
11.1.2 You have the power and have taken all corporate and other action required to enter into this Agreement and to authorise entering into this Agreement and performing your obligations under this Agreement.
11.2 All your registration details i.e. your name, cell phone number, email address are true and valid.
12.1In addition to any other provision in this Agreement, you agree that we will not be liable to you or any other person for any loss, damage, expense, or other amounts incurred, savings foregone, or hardship suffered, by any person however arising (including where the cause cannot be determined), or whether it arose directly or indirectly from any authorised or unauthorised use of, access to, reliance on, or any inability to use or access this Site, the Services, or as a consequence of such use, access, reliance, or inability to access, including, but not limited to any loss relating to one or more, or a combination, of the following:
12.1.1 a failure, or error in the operation, of all or any part of this Site, our computer systems, network resources, the Services, or any other computer systems or network resources to which they may be connected or upon which they may rely, or the taking offline of any of those computer systems or network resources for any reason.
12.1.2 any circumstances which produce or have the consequence of producing a degradation, fall-off, or complete severance of access to this Site or network resources or any other computer systems or network resources to which they may be connected by any person.
12.1.3 in relation to an auction on this Site, that bids were not processed or accepted due to technical difficulties or for any reason whatsoever.
12.1.4 whether we or another person could have foreseen such a loss or type of loss, or were negligent or reckless, whether or not the loss was suffered in connection with a business or commercial enterprise, including, but not limited to, any economic or consequential loss or damage, any and all damage to, or loss of, any equipment, property, data, or other information possessed by you or any other person, any loss of profits, and any losses relating to contracts, business, revenue, goodwill, or any anticipated savings.
12.1.5 any personal losses or hardship, stress and anxiety, nervous shock, or other personal suffering or condition.
12.1.6 any errors or omissions in any documentation or other literature provided by us, any errors or omissions in any data, on this Site, or any breach of contract or negligence on the part of us, our employees, agents or authorised representatives,
13 Governing Law
13.1 This Agreement will be governed by the laws in force in the Republic of South Africa and each party unconditionally submits to the non-exclusive jurisdiction of the court of the Republic of South Africa in relation to any legal action, suit or proceedings arising out of or with respect to this Agreement.
14 Sale of animals
14.1 No exotic animals are to be placed on auctions without the legal documentation and compulsory permit as per South African law.
14.2 Dogs and cats placed on auctions need to be at least eight weeks old.
14.3 Date of birth needs to accompany the auction placement.
14.4 Birds need to be weaned before auctioning.
14.5 All livestock need to be weaned and accurate age to be specified.