WHO WE ARE
Belkaboo Proprietary Limited ("Belkaboo") is a private company duly incorporated in accordance with the laws of South Africa.
Belkaboo provides an online mall in terms whereof third party vendors are provided with an electronic platform to sell
and promote their merchandise to online customers ("platform").
Belkaboo supports vendors that have their own virtual, electronic stores or wish to have their own electronic store and
are looking to expand their customary selling channels with use of the platform.
Belkaboo reserves the right to remove any such vendors that do not fall within this framework at any time.
Belkaboo also reserves the right to remove any listing, which Belkaboo feels does not meet the criteria set out in
• Who is Belkaboo;
• What is the Belkaboo platform;
• The criteria for users to use the platform;
• Fees and features of the platform;
• How vendors list and sell on the platform;
• Minimum requirements for any uploads on the platform;
• Content and ownership rights on the platform;
• Interaction with other users;
• Information control;
• Dispute resolution;
• Intellectual Property of Belkaboo;
• How Belkaboo deals with privacy; and
• Other miscellaneous provisions
THE BELKABOO PLATFORM
Belkaboo’s platform offers vendors the ability to sell and customers the ability to buy fashion goods for a fixed price, as determined by the vendor.
Belkaboo is not directly involved in the transactions between customers and vendors. Belkaboo only provides the platform for vendors to sell and customers to buy goods listed on the platform.
Belkaboo does not monitor, control or regulate the quality, safety, standards or legality of any aspect of the goods listed by vendors, the truth or accuracy of the listings, the ability of vendors to sell items listed or the ability of customers to pay for items.
The relationship between vendor and customer is solely between such users.
As such Belkaboo does not pre-screen all content or information provided by users. Belkaboo cannot ensure that a customer or vendor will actually complete a transaction. Therefore, Belkaboo cannot and does not transfer legal ownership of items from the vendor to the customer. This is the sole responsibility of the vendor.
Use of Belkaboo’s platform is entirely at the user's own risk.
QUALIFYING CRITERIA FOR USERS TO USE THE PLATFORM
Use of the platform requires any users to be 18 years or older.
Belkaboo's services are available only to users who are 18 years and older and who can form legally binding contracts under applicable law.
Each user represents and warrants that they are at least 18 years old when using the platform and that all registration information the user submits on the platform is accurate and truthful.
Belkaboo may, in its sole discretion, refuse access to or use of the platform to any user (including any entity).
Belkaboo may amend these requirements for use of the platform at any time without notice to users.
This provision is void where prohibited by law and the right to access the platform is revoked in such jurisdictions.
Users agree to comply with all local laws which apply to such users regarding online conduct and acceptable content.
Each user is responsible for all applicable taxes payable as a result of a user's activity on the platform.
Certain services and/or products offered through the platform may be governed by separate terms and conditions published by Belkaboo from time to time.
To sell items on Belkaboo a vendor must provide and maintain a valid PayPal business account and email address.
If a potential vendor subscribes to become a vendor on Belkaboo's platform, the vendor must launch its vendor store on the platform within 21 days of subscription.
Failure to do so will result in such vendor's account being deemed inactive.
Belkaboo takes security seriously and provides users’ with a password to try and keep users’ information secure.
Users’ information will be at risk if the user does not keep their password secure.
Customer's that purchase items on the platform agree to keep their password secure.
Customers are fully responsible for all activity, liability and damage resulting from their failure to maintain password confidentiality.
Users’ agree to immediately notify Belkaboo of any unauthorized use of their password or the platform and 24 hours after such notification Belkaboo will suspend the affected account.
Users’ agree that if someone uses the users’ password or accesses the users’ online profile before the user informs Belkaboo of such unauthorized use, the user will be liable and responsible for all transactions.
Belkaboo will not be liable for any loss or damage arising from a users’ failure to keep their password secure.
Users’ agree not to provide their username and/or password information to any other party other than Belkaboo.
FEES AND FEATURES
Belkaboo permits vendors to upload material, content and listings subject to charging the vendor a monthly subscription fee.
Belkaboo’s fees and vendor's listings are subject to change.
When a vendor sells any items on the platform Belkaboo also charges the vendor a percentage of the sale price.
Belkaboo will invoice the vendor for an amount of fees due to it that month.
This amount will be taken automatically by Belkaboo from the vendor’s registered PayPal account.
Belkaboo can change the fees at any time.
Any increase to the fees for Belkaboo's services only take effect after Belkaboo provides the vendor with thirty (30) days' notice by posting the fee changes on the platform.
Vendor accounts must stay up-to-date with all fees owed.
If a vendor fails to keep their account up-to-date with all fees owed, Belkaboo may suspend the vendor's account until all outstanding fees are paid in full to Belkaboo.
In the event that a vendor’s product count falls to zero their vendor store will no longer be displayed on the platform but the vendor is still liable to pay its monthly subscription fee until the account has been officially closed or downgraded.
It is the responsibility of the vendor to request that Belkaboo terminate their store status via email at:
Belkaboo reserves the right to close or downgrade a vendors’ account at any time.
Unless otherwise stated, all fees that are quoted on the Belkaboo platform are in Euro(€).
Users are responsible for paying all fees and applicable taxes associated with using Belkaboo and/or the platfrom.
All fees are inclusive of Value Added Tax ("VAT") where applicable.
In certain circumstances fees will not be subject to VAT but a user may be liable to indirect taxes in their own country.
Belkaboo recommends that each user research whether they are liable to declare such taxes to the relevant tax authorities in their country.
Vendors are responsible to notify Belkaboo of any change in VAT status as soon as such change occurs.
If the vendor's account is not paid in full, the vendor risks penalties which may be applicable in the sole discretion of Belkaboo, including but not limited to:
• the suspension of privileges;
• termination of the vendor account from the platform; and/or
• appropriate legal action.
If Belkaboo terminates a listing or account, if a vendor closes their account, or if the payment of their store fees cannot be completed for any reason, the vendor remains obligated to pay Belkaboo for all unpaid fees plus any penalties, if applicable.
If a vendor has a question or wish to dispute a charge, contact Belkaboo at:
Belkaboo may change any features on its platform, including for promotional events, in its sole discretion.
Such changes only take effect when Belkaboo posts the change and/or temporary promotional event on the platform.
Belkaboo may, at its sole discretion, change some or all of Belkaboo’s services at any time.
In the event Belkaboo introduces a new service, the fees for that service are effective at the launch of the new service.
It is compulsory for all vendors which use Belkaboo's platform to participate in our 2 annual SEASON SALES, which take place during January and July respectively.
LISTING AND SELLING
By listing an item on the platform the vendor warrants that it and all aspects of the item comply with Belkaboo's published policies.
The vendor also warrants that it may legally sell the item.
The vendor undertakes to accurately describe its item and all terms of sale in its listing.
All such descriptions and terms of sale are the sole responsibility of the vendor.
All items must be listed in an appropriate category with appropriate filters.
A vendor must not list an item more than once.
If the "in stock" quantity is more than one, all items in that listing must be identical with the only exception being minor variations such as colour and size.
All vendors have to ensure that all stock advertised on the vendor's store must always be updated according to availability of the item so listed.
All vendors warrant and undertake that from the date of subscription to the platform, the vendor will ensure that for each item listed such vendor has the stock available to fulfil any sale.
All sales are binding between vendors and customers.
Belkaboo is not responsible for any shipping and/or delivery of a goods purchased by a customer on the platform.
The vendor is solely responsible for shipping the goods purchased up to the point of delivery or otherwise completing the transaction with the customer within 20 days, unless there is an exceptional circumstance, such as: (a) the customer fails to meet the terms of the vendor's listing (such as payment method), or (b) the vendor cannot authenticate the customer's identity.
Vendors may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items.
The customer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Vendors warrant and undertake to Belkaboo that each vendor knows and understands their respective product trade agreements, including export and import control requirements and legislation between countries, before shipping internationally.
The price stated in each item listing description must be an accurate representation of the sale.
The Vendor may not alter the item's price after a sale for the purpose of avoiding Belkaboo transaction fees, misrepresent the item's location, or use another user's account without permission.
Vendors may not encourage customers to purchase an item listed on Belkaboo outside of the Belkaboo platform, such as directly through PayPal or other third-party providers.
We provide a currency converter tool to allow customers to see an approximate cost in selected currencies.
The currency converter only provides an approximation of the conversion and is not be solely relied on by a customer for its accuracy.
Vendors may issue promotional codes for promotional purposes only and these are to be used against purchases from the issuing vendor’s store only.
Promotional codes have no cash value and cannot be exchanged for money or credit.
MINIMUM REQUIREMENTS FOR ANY UPLOADS
Users are solely responsible for their conduct and activities on the Belkaboo platform.
Please refer to Belkaboo's Copyright Policy for information regarding Belkaboo's commitment to protecting intellectual property rights, including copyrights and trademarks ("Intellectual Property").
Users must ensure when using the Platform that the following minimum requirements are met when any user uploads any content and/or uses the platform:
1. Any content and/or information uploaded by users' must be true and accurate and not misleading.
3. Users must not upload any defamatory, libelous, unlawfully threatening, unlawfully harassing content, comments, messaging or any other form of uploading onto the platform.
4. Users undertake not to impersonate or intimidate any person, or falsely state or otherwise misrepresent their affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.
5. Users must not transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information on the platform.
1. Vendor must ensure that any goods listed and sold are not fraudulent or involve the sale of illegal, counterfeit or stolen items.
3. Vendors are responsible for complying any applicable laws, including but not limited to the Consumer Protection Act, 68 of 1998 or similar laws in the EU to the extent applicable and must not list any goods on the platform that have been identified as hazardous to consumers.
4. Must not modify, adapt or hack Belkaboo or modify another website so as to falsely imply that it is associated with Belkaboo;
Belkaboo reserves the right to monitor all communications into and out of our domains to ensure compliance with these terms. Such communications include web and email traffic into and out of Bekaboo's domains.
CONTENT AND OWNERSHIP RIGHTS
Belkaboo does not claim ownership rights in a vendor's Content.
Vendors grant Belkaboo a license solely to enable Belkaboo to use any information or Content the vendor supplies Belkaboo with so that Belkaboo is not violating any rights the vendor might have in that Content.
Each vendor grants Belkaboo a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub- licensable right to exercise the copyright, publicity, and database rights vendors have in the Content, in any media now known or not currently known, with respect to the vendors Content.
Vendors agree to allow Belkaboo to store or re-format a vendor's Content on Belkaboo and display such Content on the platform in any way as Belkaboo chooses.
By uploading Content to the platform the vendor warrants that it owns and/or has the right to use such Content in this manner and that such Content does not infringe any third party intellectual property rights.
In the event that Belkaboo receives a complaint in respect of any Content posted by a vendor it shall be the vendor's sole responsibility to deal with such a complaint and to compensate Belkaboo for any loss suffered. Belkaboo reserves the right to remove any such Content immediately.
By posting Content on the platform, it is possible for an outside website or a third party to re-post that Content. The vendor agrees to hold Belkaboo harmless for any dispute concerning this use. If a vendor chooses to display their own Belkaboo-hosted image on another website, the image must provide a link back to its listing page on Belkaboo.
Belkaboo considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the platform or otherwise (other than the Content and the tangible items sold on the platform by vendors) (collectively, the "Material") to be non-confidential and non-proprietary.
Belkaboo shall not be liable for the disclosure or use of such Material and the vendor hereby agrees to permit Belkaboo to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to the vendor and without further recourse by the vendor.
DEALINGS WITH OTHER USERS AND USE OF MESSAGING
The platform allows users to message other users privately. This communication service is known as "Messaging".
Messaging is an email service for Belkaboo users only and is intended for communicating about transactions and orders that are underway via the platform.
Users agree that when using Messaging they will not:
• send any personal information about themselves or any other user via messaging, including credit card information, contact details (i.e. cell phone details and address details);
• knowingly harass, threaten, blackmail or abuse another user; and
• interfere with a transaction, including communicating with a user involved in an active or completed transaction to warn the user away from a particular customer, vendor or item and/or to buy or sell an item listed on Belkaboo outside of the Belkaboo platform.
Vendors agree in addition to the above requirements, when using Messaging they will not:
• use Messaging to send unsolicited advertising or promotions and/or "spam"; and
• direct marketing to a customer unless the customer has agreed to such marketing via messaging.
Users are solely responsible for interactions with others.
Belkaboo does not control the Content provided by vendors that is made available on Belkaboo.
Belkaboo takes consumer protection seriously and it is important to it that vendors that provide Content to it comply with all applicable consumer protection laws, including but not limited to the Consumer Protection Act, 68 of 1998 or similar laws in the EU to the extent applicable.
The vendors, which provide Content to Belkaboo and sell items on Belkaboo, warrant to Belkaboo that as of the date it applies to Belkaboo to become a vendor on Belkaboo that it will comply with all laws which regulate the protection of consumers, including the Consumer Protection Act, 68 of 1998 or similar laws in the EU to the extent applicable.
Belkaboo does not control the Content provided by vendors that is made available on its platform and Belkaboo is not directly involved in the transactions between customers and vendors and so, each vendor in performing the obligations as set out in these terms, will at all times ensure adherence with all applicable consumer protection laws, including ensuring any policies and terms applicable to its listed items are made available to any customer.
Additionally, there may also be risks dealing with international trade. By using Belkaboo, vendors agree to accept such risks and that Belkaboo (and Belkaboo's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of vendors on Belkaboo.
The platform may contain links to third party internet websites. Such links are not products or services of Belkaboo and Belkaboo does not endorse such websites. Users agree that it is their responsibility to confirm the truth or accuracy of any content of such websites. Use of such links are done entirely at the user's own risk.
Users agree that Belkaboo 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 and links which may appear when accessing the platform from a user's computer.
RESOLUTION OF DISPUTES
In the event a dispute arises between a user and Belkaboo, please contact Belkaboo on our contact details stated below.
Any dispute arising from or relating to the subject matter of these Terms of Business shall be subject to the exclusive jurisdiction of the courts of South Africa.
Use of the platform is not authorized in any jurisdiction that does not give effect to all provisions of these terms, including without limitation, this section.
Should a vendor have a dispute with one or more users, or an outside party, the relevant user releases Belkaboo (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Belkaboo, may try to help users resolve disputes, at their request. Belkaboo does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that Belkaboo attempts to resolve a dispute it will do so based solely on these terms and its policies.
For transactions completed by PayPal: Belkaboo will not make judgements regarding legal issues or claims and all disputes related to financial transactions will ultimately be determined by PayPal.
BELKABOO'S INTELLECTUAL PROPERTY
Belkaboo is the owner of all Belkaboo graphics, logos, designs, page headers, button icons, scripts, and service names and any such intellectual property of its subsidiaries.
Belkaboo's does not grant any right and/or license to any users or other person to use of its intellectual property contained on this platform.
Please refer to Belkaboo's copyright policy
Without limiting any other remedies available to Belkaboo, Belkaboo may, without notice, and without refunding any fees:
• delay or immediately remove Content provided by a vendor for uploading to the platform;
• temporarily suspend a user's access to the platform for such period of time in Belkaboo's sole discretion;
• indefinitely suspend a user's account privileges, including but not limited to terminating a user's account, prohibiting access to the platform, and take technical and legal steps to keep a user off the platform.
Belkaboo will be entitled to take such steps in the event of but not limited to:
• it is unable to verify any of the user's personal information and/or Content; and/or
• it believes that a user has engaged in or is engaging in fraudulent activity in connection with Belkaboo and/or such conduct may cause legal liability or financial loss to Belkaboo's users and/or to Belkaboo.
Belkaboo, its officers, directors, employees, and suppliers provide Belkaboo's platform and services "as is" and without any warranty or condition, express, implied. Belkaboo, its officers, directors, employees and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by users from Belkaboo shall create any warranty.
In no event shall Belkaboo, and its officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of a user or anyone else in connection with the use of the platform, Belkaboo's services, or these terms, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
Belkaboo's liability, and (as applicable) the liability of Belkaboo's officers, directors, employees, and suppliers, to a user or any third parties in any circumstance is limited to the greater of (a) the amount of fees a vendor pays to Belkaboo in the 12 months prior to the action giving rise to liability, or (b) 100 euro.
Users agree to indemnify and hold Belkaboo and Belkaboo's parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of a user's breach of these terms or the documents it incorporates by reference, or users breach of any law or the rights of a third party.
Belkaboo does not guarantee continuous, uninterrupted access to the platform, and operation of the platform may be interfered with by numerous factors outside Belkaboo's control or otherwise. Users accept and agree that there may be delays in using the platform.
LEGAL COMPLIANCE AND TAXES
Users shall comply with all applicable domestic and international laws and regulations regarding their use of the platform and any Belkaboo service and, if applicable, vendors listing, purchase, solicitation of offers to purchase, and the sale of items.
In addition, users shall be responsible for paying any and all taxes applicable to any purchases or sales of items made on the platform.
In addition to any other rights stated in these terms, Belkaboo can terminate these terms with any user subject to any restrictions imposed by law, without prior notice to a user if Belkaboo finds that a user has given Belkaboo materially inaccurate information about it or Belkaboo in its sole discretion considers it otherwise necessary to protect Belkaboo's interests.
If any provision of these terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these terms will remain in full force and effect.
Users and Belkaboo are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these terms.
Belkaboo reserves the right to modify or terminate the Belkaboo service for any reason, without notice, at any time. Belkaboo reserves the right to alter these terms or other platform policies at any time, without notice to users. If Belkaboo makes a material change Belkaboo will notify a user, by email, or other places Belkaboo deems appropriate. What constitutes a "material change" will be determined at Belkaboo's sole discretion.
CHOICE OF LAW
This Agreement shall in all respects be interpreted and governed by the laws of South Africa.
All the sections of these terms will survive any termination or expiration of these terms, and use of Belkaboo's platform.
Except as explicitly stated otherwise, any notices shall be given by email to Belkaboo at firstname.lastname@example.org or, in each users’ case, to the email address each user provides to Belkaboo (either during the registration process or when a user's email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Belkaboo may give a user notice by post to the address provided to Belkaboo. In such case, notice shall be deemed given three days after the date of posting.
Please note that Belkaboo will deal with all complaints (on valid receipt of notice) as soon as it can and within a reasonable timeframe.
For issues with intellectual property, please provide a notice as specified in Belkaboo's Copyright Policy.
In the event that a user needs to contact Belkaboo, please use the following:
P.O. Box 317 Bloubergstrand 7436
Cape Town South Africa
Belkaboo Proprietary Limited, is a private company duly incorporated in accordance with the laws of South Africa
Date of this policy: February 2018