Disclaimer
Draft for legal review. This document was generated as a starting point and has not been reviewed by a legal practitioner. Have it checked against the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002 before the marketplace goes live — in particular, a marketplace cannot use a disclaimer to remove a consumer’s statutory rights under the CPA (such as the implied warranty against defects in section 56).
1. What SA WebMall is
SA WebMall is an online marketplace platform. We provide the website, listing tools, search, payment facilitation and customer support infrastructure that allow independent, third-party Vendors to list and sell their own products directly to customers. SA WebMall is not the manufacturer, importer, distributor or retailer of the products listed on the platform, and does not take ownership or possession of Vendor stock at any point.
2. Contract of sale is with the Vendor, not SA WebMall
When you purchase a product through SA WebMall, you are entering into a contract of sale directly with the Vendor of that product. SA WebMall facilitates the listing, the transaction and the payment, but is not a party to that contract of sale and is not the supplier of the goods for the purposes of the Consumer Protection Act 68 of 2008.
3. Warranties and guarantees
Any warranty or guarantee offered on a product — whether a manufacturer’s warranty, a Vendor’s own guarantee, or a statutory warranty implied by law — is the responsibility of the Vendor (and, where applicable, the manufacturer) who supplied that product. SA WebMall does not manufacture, inspect, test or certify Vendor products, and makes no independent warranty or guarantee of its own as to the quality, safety, fitness for purpose, or description of any product listed on the platform.
This does not affect any warranty or right you may have directly against the Vendor or manufacturer under the Consumer Protection Act or any other applicable law.
4. Delivery and shipping
Each Vendor is solely responsible for packaging, dispatching and delivering their own products, including choice of courier, delivery timeframes, shipping costs, and the condition of goods on arrival. SA WebMall does not operate its own delivery fleet or warehouse Vendor stock, and takes no responsibility for delivery delays, lost parcels, damage in transit, or incorrect items dispatched by a Vendor.
If you experience a delivery problem, please contact the Vendor directly in the first instance. SA WebMall support can assist in escalating unresolved delivery disputes between a customer and a Vendor.
5. Refunds and returns
Refunds, returns, exchanges and cancellations for a product are the responsibility of the Vendor who sold it, in accordance with our Refund and Returns Policy and applicable law (including the seven-day cooling-off right under section 44 of the Electronic Communications and Transactions Act, and the six-month implied warranty under section 56 of the Consumer Protection Act). SA WebMall does not itself guarantee, underwrite or process refunds on a Vendor’s behalf, but may assist in facilitating a refund through the original payment method where a Vendor agrees to one, or where required by law.
6. Vendor conduct and content
Product descriptions, images, pricing, stock availability and specifications are supplied by each Vendor and are not independently verified by SA WebMall. While we require Vendors to list accurately and honestly under our Vendor Terms & Conditions, SA WebMall does not guarantee the accuracy or completeness of Vendor-supplied content and is not liable for loss arising from inaccurate listings.
7. Limitation of liability
To the maximum extent permitted by law, SA WebMall’s liability is limited to our role as a facilitating platform. SA WebMall is not liable for any indirect, incidental or consequential loss arising from a transaction between a customer and a Vendor. Nothing in this disclaimer limits any liability that cannot lawfully be excluded, or any right a consumer has directly against a Vendor or manufacturer under the Consumer Protection Act.
8. Related policies
This Disclaimer should be read together with our Terms & Conditions, Vendor Terms & Conditions, Privacy Policy and Refund and Returns Policy.
9. Contact us
If you have a dispute with a Vendor that has not been resolved directly, or a general question about this Disclaimer, please contact SA WebMall via our Contact Us page.