General Terms for Vendors
These General Terms set forth the main terms and conditions applying to and governing the usage of the Moostore.co.za Services. In order to provide Sellers/Suppliers Services via using the Moostore.co.za Platform you must agree to the terms and conditions that are set forth below.
1.1. Moostore.co.za is a private limited company and registered under the laws of Republic of South Africa with registration no 2020/584965/07, registered office 624 Pie Street Thohoyandou F 0950.
1.2. Moostore.co.za Services – services that Moostore.co.za provides, including provision and maintenance of Moostore.co.za website, Moostore.co.za Platform, In-web Payment, customer support, communication between the Seller/Supplier and the Customer and other similar services.
1.3. Moostore.co.za – Is a Desktop and Mobile website for Seller and Customer, for seller to upload their products and for a customer to purchase online.
1.4. Moostore.co.za Platform – technology connecting customers and sellers/suppliers from different provinces around South Africa.
1.5. Customer – a person purchases a product from the site from any vendor on the site.
1.6. Seller/Supplier (also referred to as „you “) – the person providing products via the Moostore.co.za Platform. Each Seller/Supplier will get a personal Moostore.co.za Account to use moostore.co.za Platform.
1.7. Agreement – this agreement is between Seller/Supplier and Moostore.co.za regarding the use of Moostore.co.za Services which consists of:
1.7.1. these General Terms;
1.7.2. special terms displayed in Moostore.co.za, e.g. regarding product price or products descriptions;
1.7.3. the Sellers/Suppliers guidelines; and
1.7.4. other terms referred to in this Agreement as may be amended from time to time.
1.8. Fees – the fee a Customer is obliged to pay Seller/Supplier for provision of their products.
1.9. Moostore.co.za Fee – the fee that Seller/Supplier is obliged to pay to Moostore.co.za for using the Moostore.co.za Platform.
1.10. In-web Payment – cards payments, carrier billing and other payment methods used by customer via the Moostore.co.za website to pay for the Products.
1.11. Seller/Suppliers Account – access to a website containing information and documents regarding usage of the Moostore.co.za in course of provision of Products, including accounting documentation. Seller/Suppliers may access the Moostore.co.za Account at http//www.moostore.co.za by entering username and password.
1.12 Products – Products a Seller/Supplier is providing to customer whose Purchased the products through the website.
- ENTRY INTO THE AGREEMENT
2.1. Prior to using the Moostore.co.za Services, you must sign up by providing the requested information in the signup application on website and uploading necessary documentation as required by us. You may Register either as a legal or a natural person. Upon successful completion of the signup application, we will provide you with a personal account accessible via a username and password. By clicking the „Register” button, you represent and warrant that: 2.1.1. pursuant to valid legal acts, you are entitled to enter into an agreement with us to use the moostore.co.za Platform for providing the products; 2.1.2. you have carefully studied, fully understand and agree to be bound by these General Terms, including all obligations that arise as provided herein and from Agreement; 2.1.3. all the information you have presented to us is accurate, correct and complete; 2.1.4. you will keep Moostore.co.za Account accurate and profile information updated at all times; 2.1.5. you will not authorize other persons to use your Moostore.co.za Account nor transfer or assign it to any other person; 2.1.6. you will not use the Moostore.co.za for unauthorized or unlawful purposes and impair the proper operation of the Moostore.co.za; 2.2. You are obliged to provide your bank requisites in course of filling the payment details upon registration. In case you are a legal person, you must insert the bank account of the company. We are transferring In-web Payment fees to the bank account that you have provided. We are not liable for any incorrect money transactions in case you have provided wrong bank requisites. 2.3. After submitting the Registration application, you will receive an e-mail with additional conditions that must be met in order to use Moostore.co.za. These conditions may include providing the correct products, physical address for pickups. The failure to comply with the provided requirements and conditions may result in termination of the Agreement and right to use the Moostore.co.za. 2.4. Registering the account as a legal person (i.e. a company). You are considered to be a legal person, if the recipient of the fees is marked as a legal person in payment details (as accessible in the moostore.co.za Account). In such case, the indicated legal person is considered to be the provider of the products and a party to these General Terms, Agreement and any further agreements. Only the specific natural person indicated in the Registration process may factually provide the Products. Such natural person may use the account of the Seller/Supplier only if he/she has read and agrees to be bound by these General Terms and any further documentation that is part of the Agreement. THE LEGAL PERSON IN THE PAYMENT DETAILS AND THE NATURAL PERSON FACTUALLY PROVIDING THE PRODUCTS UNDER MOOSTORE.CO.ZA ACCOUNT SHALL REMAIN JOINTLY AND SEVERALLY LIABLE FOR ANY INFRINGEMENT OF THE GENERAL TERMS AND AGREEMENT CONDUCTED BY THE SELLER/SUPPLIER. 2.5. Registering MOOSTORE.CO.ZA Account as a Manufacturing company. Upon concluding a separate agreement, a company may itself register accounts to its employees and/or service providers. In such case the Manufacturing company shall be required to ensure that its employees and/or service providers conform to the requirements of General Terms, Agreement and any further agreements and agrees to act in accordance and be bound with its conditions and obligations. The Manufacturing company and its employees and/or service providers shall remain jointly and severally liable for any infringement conducted by such employee and/or service provider.
- RIGHT TO USE MOOSTORE.CO.ZA WEBSITE AND MOOSTORE.CO.ZA SELLER/SUPPLIER ACCOUNT
3.1. License to use the Moostore.co.za website and the Moostore.co.za Seller/Supplier Account. Subject to your compliance with the Agreement, we hereby grant you have a license to use the Moostore.co.za website and the Moostore.co.za Seller/Supplier account. The license does not grant you the right to sublicense or transfer any rights to the third persons. Regardless of the above and if so agreed separately, Manufacture companies may sub-license the Moostore.co.za website and the Moostore.co.za Seller/Supplier account to the members of its Manufacture. 3.2. In course of using the Moostore.co.za website and the Moostore.co.za Seller/Supplier account you may not: 3.2.1. decompile, reverse engineer, or otherwise attempt to obtain the source code of the Moostore.co.za website and the Moostore.co.za Seller/Supplier account or other software of Moostore.co.za; 3.2.2. modify the Moostore.co.za website and the Moostore.co.za Seller/Supplier account in any manner or form or to use modified versions of the Moostore.co.za website and the Moostore.co.za Seller/Supplier account; 3.2.3. transmit files that contain viruses, corrupted files, or any other programs that may damage or adversely affect the operations on Moostore.co.za Platform; 3.2.4. attempt to gain unauthorized access to the Moostore.co.za website, Moostore.co.za Seller/Supplier Account or any other Moostore.co.za Services. 3.3. The License granted herein revokes automatically and simultaneously with termination of the Agreement. After termination of the Agreement you must immediately stop using the Moostore.co.za website and the Moostore.co.za Seller/Supplier account and we are entitled to block and delete Seller/Suppliers account without a prior notice. 3.4. Using tags and labels of Moostore.co.za. Additionally, we may give you tags, labels, stickers or other signs that refer to Moostore.co.za brand or otherwise indicate you are using the Moostore.co.za Platform. We grant you a non-exclusive, non-sublicensable, non-transferable license to use such signs and only for the purpose of indicating you are providing Services via the Moostore.co.za Platform. After termination of the Agreement you must immediately remove and discard any signs that refer to Moostore.co.za brand. 3.5. All copyrights and trademarks, including source code, databases, logos and visual designs are owned by Moostore.co.za and protected by copyright, trademark and/or trade secret laws. By using the Moostore.co.za Platform or any other Moostore.co.za Services you do not acquire any rights of ownership to any intellectual property.
- PROVIDING THE SELLER/SUPPLIER SERVICES
4.1. The Seller/Supplier’s Obligations. You hereby guarantee to provide Products in accordance with the General Terms, Agreement. 4.2. You must provide the Products in a professional manner in accordance with the business ethics applicable to providing such services and endeavour to perform the Customer’s request in the best interest of the Customer. Among else, you (i) must provide the correct products to the customer, unless the customer explicitly requests otherwise; (ii) may not make any unauthorised delays; (iii) may not increase the time and days of delivery without informing the website admin/customer. 4.4. You retain the sole right to determine when you are providing the Products. You shall accept products request or decline the product requests made by customer only if you don’t have it in the store. 4.5. Purchase. You are entitled to charge a Purchase for each product you have uploaded on the Moostore.co.za Platform and completed the Purchase and Shipping as requested. The shipping rate is calculated based on a default base rate, the distance of the specific customers addresses as determined by the physical address. The default base rate may fluctuate based on the courier’s rate. 4.6 Returns. If a seller/supplier incorrectly provide the incorrect products to the customer the seller/supplier will be responsible for the returns and the shipping of the correct products to the customer. If the Seller/Supplier was given incorrect information the customer will be liable for the shipping from their address to the Seller/Suppliers address and the shipping from the Seller/Suppliers to their address. 4.7. Receipts. After each successful provision of Purchase, Moostore.co.za shall create and forward a receipt to the Customer consisting of some or all of the following information: the company’s business name, place of business, the first name and surname of the Seller/Supplier, a profile photo of the Seller/Supplier. 4.8. Cancellation fee & wait time fee. Customer may cancel a Purchase for Products that a Seller/Supplier has Received via the Moostore.co.za website. In some markets, Customer may be entitled to the order for cancelled Products (Cancellation Fee) in the event that a customer cancels accepted order for Product after certain time period determined by Seller/Supplier. We Require customer to pay a penalty up to 20% of the ordered products. Any Cancellation from the Seller/Supplier after receiving an order do to not reviewing their stock quantities will receive a penalty. 4.15. Your tax obligations. You hereby acknowledge that you are obliged to fully comply with all tax obligations that arise to you from the applicable laws in relation to providing the Retails Service, including (i) paying income tax, social security tax or any other tax applicable; and (ii) fulfilling all employee and tax registration obligations for calculations in regard to accounting and transfers to applicable State authorities as required by the applicable law. In case the Tax authority will submit a valid application to us to provide information regarding the activities of you, we may make available to the Tax authority the information regarding the activities of you to the extent set forth in valid legal acts. Additionally, it is your obligation to adhere to all applicable tax regulations that may apply in connection with the provision of Retails Services. You hereby agree to compensate Moostore.co.za all state fees, claims, payments, fines or other tax obligations that Moostore.co.za will incur in connection with the obligations arising from applicable tax regulations not having been met by you (including paying the income tax and social tax). 4.16. The Seller/Supplier’s authorisation to issue invoices. Seller/Suppliers has a right to issue an invoice on your behalf to the Customer in order to compensate you any orders, contractual penalties or other fees that Customer mediates to you. In markets where Moostore.co.za issues invoices, the invoice will be made available to you via the Moostore.co.za Seller/Supplier Account.
- MOOSTORE.CO.ZA FEES
5.1. In order to use the Moostore.co.za Services, you are obliged to pay to a fee (i.e. the Moostore.co.za Fee). The Moostore.co.za Fee is paid based on the purchase of each Product order that you have completed. The amount of the Fee is made available to you via, Seller/Suppliers Account or other pertinent means. Please acknowledge that the Moostore.co.za Fee may change with time to time. Moostore.co.za. will inform all the Seller/Supplier in 3 months prior to the change. 5.2. Moostore.co.za will deduct 10% on each purchase made through the moostore.co.za Platform.
- IN-WEB PAYMENTS
6.1. We may enable customers to pay for the products via cards, carrier billing and other payment methods directly in the Moostore.co.za website Seller/Supplier account (i.e. In-web Payment). You hereby authorise us as your commercial agent to receive the orders or other fees paid by the customer via In-web Payment and to forward relevant funds to you. Any payment obligation made by the customer via the In-web Payment shall be considered fulfilled as of the time that the payment has been made. 6.2. You may not refuse payment by the customer via the In-web Payment, or influence the customer against the use of the In-web Payment. In case you refuse to accept an In-web Payment without just cause, we shall be entitled to charge you a contractual penalty in the amount of R25 for every refusal and/or block your right to use the Moostore.co.za Services in case of repetitive behaviour. 6.3. Moostore.co.za reserves the right to distribute promo code to orders at your discretion on a per promotional basis. We are required to accept the use of promo code only when the Seller/Supplier request the Promo code for their products. If the use of promo codes is suspected as being fraudulent, illegal, used by a Seller/Supplier or Customer in conflict with our Terms and Conditions relating to promo code use, then the promo code may be cancelled and the outstanding amount will not be reimbursed by Moostore.co.za to the Customer or Seller/Supplier. 6.4. You are entitled to review In-web Payment reports in the Moostore.co.za Seller/Supplier Account or website. The reports will show the amounts of the In-web Payments after Moostore.co.za Fees been deducted. You must notify us of any important circumstances which may affect our obligations to collect and distribute the orders paid via In-web Payment. 6.5. We are not obliged to pay you for the order due from the customer if the In-web Payment failed because customer’s credit card or other payment is cancelled or is unsuccessful for other reasons. In such case we will help you in requesting the order due from the customer and shall transmit it to you once the customer has made the requested payment. 6.6. Before providing Services, you must verify that the service is being actually provided to the right customer. If you make a mistake in identifying the order, and the In-web Payment is charged to a wrong person, who has not been provided or has not approved the Order, then we shall reimburse the person for the wrongful order. In such case you are not entitled to receive any payments from Moostore.co.za. 6.7. We reserve the right to fulfil any of your financial liabilities to any Moostore.co.za group company, in which case we will acquire the right to submit a claim against you. We may set off any of your financial liabilities against financial liabilities that you may have against us. 6.8. If we are not able to pay the Fees to you due to you not including your bank account details in your Sellers/Supplier´s account or if the bank account details have been noted incorrectly, then we will hold such payments for 180 days. If you do not notify us of the correct bank account details within 180 days from the date that the right to claim such payments has been established, your claim regarding the payment of the order not transferred to you shall expire. 6.9 All in-web payment will be paid to the Seller/Supplier according to the request to withdraw their funds from the Seller/Supplier Moostore.co.za website account. Minimum withdrawal is R100 from the Seller/Supplier Moostore.co.za account. The request of withdraw from the Seller/Supplier’s in-web payment will be processed in a period of 48 hours from the receiving of the request to their banking details they have provided when registering. We won’t be liable for any wrongful banking details been provided to us, Seller/Supplier is their right to provide us with the correct banking details.
- CUSTOMER SUPPORT
We provide the customer support regarding the use of the Moostore.co.za Services. We have the right to stop providing the customer support services in case you are in delay with any of the payments for more than 5 (five) calendar days.
- RATINGS AND ACTIVITY
8.1. In order to guarantee high-quality service and provide additional reassurance to Customer, you hereby acknowledge that the Customer may provide you a rating and leave feedback regarding the quality of the Services that you have provided. Your average rating will be linked to your Seller/Supplier´s account and will be available to Moostore.co.za website. If we find out the rating or comment is not given in good faith, this rating or comment may not be projected in the calculations of your rating. 8.2. In addition to the rating, we measure your level of activity and provide you with an activity score, which is based on your activity regarding responding and completing of the order.
- MARKET OVERVIEWS
9.1. Market overviews. We may send you, via the Moostore.co.za website, Moostore.co.za Seller/Supplier Account, SMS, e-mail or other means, market overviews, in order to increase your awareness regarding when the demand of your products is highest. Such market overviews are merely recommendatory and do not constitute any obligations for you. As the market overview estimations are based on previous statistics, we cannot give any guarantees that the actual market situation will correspond to the estimations provided in the market overview.
- RELATIONSHIP BETWEEN YOU, US AND THE CUSTOMER
10.1. You hereby acknowledge and agree that we provide an information society service and do not provide Services. By providing the Moostore.co.za Platform and Moostore.co.za Services, we act as marketplace connecting Customer with Seller/Supplier. You acknowledge that you are providing the Services on the basis of a contract for supplying the customer with their desired products and that you provide the Services either independently or via a company as an economic and professional activity. Moostore holdings, as the operator of Moostore.co.za website acts as the commercial agent of the Seller/Supplier for the mediation of conclusion of contracts between the Seller/Supplier and the Customer, and thus, among other things, accepts payments from the Customer and forwards the payments to the Seller/Supplier. 10.2. You acknowledge that no employment agreement nor an employment relationship has been or will be established between you and us. You also acknowledge that no joint venture or partnership exists between you and us. You may not act as an employee, agent or representative of us nor bind any contract on behalf of us. If due to the implication of mandatory laws or otherwise, you shall be deemed an employee of us, you hereby agree to waive any claims against us that may arise as a result of such implied employment relationship. 10.3. You may not transfer your rights and obligations deriving from the General Terms or Agreement to any third party.
- PROCESSING OF PERSONAL DATA, ACCESS TO DATA
11.1. Your personal data will be processed in accordance with the Privacy Notice. 11.2. Mooostore.co.za has access to all personal data and other data provided or generated in connection with your use of the Moostore.co.za Services. Moostore.co.za shall take all reasonable steps to ensure confidentiality of such data and comply with all applicable Privacy Policies and laws whenever such data contains personal data. Except where otherwise provided by applicable Privacy Policies and laws, Moostore.co.za maintains access to such data also after the Agreement between you and Moostore.co.za is terminated.
11.3. You have access to personal and other data provided by you or generated in connection with your use of the Moostore.co.za Services to the extent that is made available to you under your Moostore.co.za Seller/Supplier Account through Moostore.co.za website. You shall take all reasonable steps to ensure confidentiality of such data and comply with applicable Privacy Policies and laws as long and to the extent that such data contains personal data of Customer.
12.1. The Moostore.co.za Platform is provided on an “as is” and “as available” basis. We do not represent, warrant or guarantee that access to Moostore.co.za Platform will be uninterrupted or error free. As the usage of Moostore.co.za Platform for Ordering Products services depends on the behaviour of Customers, we do not guarantee that your usage of the Moostore.co.za Platform will result in any Ordering services requests. 12.2. To the maximum extent permitted under the applicable law, we, nor Moostore.co.za’s representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using the Moostore.co.za Services, including but not limited to: 12.2.1. any direct or indirect property damage or monetary loss; 12.2.2. loss of profit or anticipated savings; 12.2.3. loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business; 12.2.4. loss or inaccuracy of data; and 12.2.5. any other type of loss or damage. 12.3. The financial liability of us in connection with violating the General Terms or Agreement will be limited to R500. You shall have the right to claim for damages only if we have deliberately violated the General Terms or Agreement. 12.4. We shall not be liable for the actions or non-actions of the Customers and shall not be liable for any loss or damage that may incur to you or your store as a result of actions or non-actions of the Customer. 12.5. You shall be fully liable for breach of the General Terms, Agreement or any other applicable laws or regulations and must stop and remedy such breach immediately after receipt of a respective demand from us or any state authority. You shall indemnify us for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that we may occur in connection with your breach of the General Terms, Agreement and laws and regulations. If customer presents any claims against us in connection with your provision of Product Services, then you shall compensate such damage to us in full within 7 (seven) days as of your receipt of the respective request from us. In case we are entitled to present any claims against you, then you shall compensate us any legal costs related to evaluation of the damages and submission of claims relating to compensation for such damage.
- TERM, SUSPENSION AND TERMINATION
13.1. The conditions expressly specified in these General Terms shall enter into force as of submitting the signup application. Agreements and other terms shall enter into force once the specific document or message has been made available to you and you commence or continue providing Services on Moostore.co.za Platform. 13.2. You may terminate the Agreement at any time by notifying Moostore.co.za at least 7 (seven) days in advance, after which your right to use the Moostore.co.za Platform and Moostore.co.za Services shall terminate. Moostore.co.za may terminate the Agreement at any time and for any reason at the sole discretion of us by notifying you at least 3 (three) days in advance. 13.3. Moostore.co.za is entitled to immediately terminate the Agreement and block your access to the Moostore.co.za Platform without giving any advance notice in case you breach the General Terms or Agreement, any applicable laws or regulations, disparage Moostore.co.za, or cause harm to Moostore.co.za brand, reputation or business as determined by Moostore.co.za in our sole discretion. In the aforementioned cases we may, at own our discretion, prohibit you from registering a new Seller/Supplier account. 13.4. We may also immediately suspend (block) your access to the Moostore.co.za Platform and to the Moostore.co.za Seller/Supplier Account for the period of investigation, if we suspect an infringement of the Agreement or fraudulent activity from your behalf. The block of access will be removed once the investigation disproves such suspicions. 13.5. We are aiming to provide the highest quality service to all Customers therefore we are monitoring the activity of Seller/Suppliers on Moostore.co.za Platform. If you fail to meet the minimal service requirements, such as the minimal rating and activity score, we are entitled to immediately terminate the Agreement without giving any advance notice. 13.6. The Manufacturing company has the right to challenge the termination of the Agreement, blocking, and other alleged non-compliance of Moostore.co.za with the Regulation, in accordance with the Internal Complaint-Handling System Rules for Business Users of Moostore.co.za.
14.1. Moostore.co.za reserves the right to amend these General Terms anytime by uploading the revised version on its website and notifying you (e.g. via e-mail, Moostore.co.za website or Moostore.co.za Seller/Supplier Account) whenever, in the reasonable opinion of Moostore.co.za, such amendments are material. 14.2. Moostore.co.za shall provide at least 15 days advance notice (e.g. via e-mail, Moostore.co.za or Moostore.co.za Seller/Supplier Account) about the amendments that affect the rights of Business Users Operating in the Member State, unless: 14.2.1. Moostore.co.za is subject to a legal or regulatory obligation which requires it to amend the General Terms in a manner which does not allow it to respect the advance notice period
- APPLICABLE LAW AND COURT JURISDICTION
15.1. The General Terms and Agreement shall be governed by and construed and enforced in accordance with the laws of Republic of South Africa. If the respective dispute resulting from General Terms or Agreement could not be settled by negotiations, then the dispute shall be solved in Court.
16.1. You are obliged to immediately notify us of any changes to your contact information. 16.2. Any notice required to be given under the General Terms and Agreement shall be sufficiently given if: 16.2.1. delivered personally, 16.2.2. sent by courier with proof of delivery, 16.2.3. sent by registered mail, 16.2.4. sent by e-mail or 16.2.5. made available via the Moostore.co.za website or Moostore.co.za Seller/Supplier Account. 16.3 Any notice which is sent or dispatched in accordance with the previous clause shall be deemed to have been received: 16.3.1. if delivered personally, at the time of delivery to the party; 16.3.2. if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party; 16.3.3. if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party; 16.3.4. if made available via the Moostore.co.za website or Moostore.co.za Seller/Supplier Account, or 16.3.5. if sent by e-mail, on the day the party receiving the e-mail confirms receiving the respective e-mail or on the 2nd day following the dispatch of the e-mail provided that the sender has not received an error notice (notifying that the e-mail was not delivered to the party) and has sent the e-mail again on the next calendar day and has not received a similar error notice.
- FINAL PROVISIONS
If any provision of the General Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. Date of entry into force of the General Terms: 30.09.2020.