Last updated: 18 October 2024
1. ABOUT THE COMPANY
1.1. https://www.yaga.co.za/ is a virtual buying and selling portal (“the Portal”), which allows logged-in users to buy and sell goods and open their own e-shop.
1.2. The portal is managed by Shop Yaga (Pty) Ltd (“Shop Yaga”), registration number 2018/579160/07, of 222 Smit Street, 21st Floor, Braamfontein, Johannesburg 2001, contact email: support@yaga.co.za.
1.3. By registering as a user of the Portal (“User”), the User confirms that they have read and agree to the terms and conditions of these Terms and Conditions (“Terms”) and undertake to comply with them.
1.4. These Terms explain the conditions applicable to how a User will use the Portal. Please read these Terms carefully before using the Portal. Shop Yaga will assume you have read and understood these Terms if you continue to access or make use of our Portal.
1.5. The terms "User", “Seller”, and “Buyer” are used interchangeably in these Terms and refer to all persons accessing the Portal or purchasing or selling goods on the Portal for any reason whatsoever. Accordingly, the terms “Shop Yaga”, “our” or “we” refers to Shop Yaga or its possession.
2. USER ACCOUNT
2.1. To use the Portal, the User must register and log in by using either their Facebook, Google or Apple ID account information. The latter is only available for the Shop Yaga iOS application.
2.2. The User must keep the data used for logging in to the Portal confidential and prevent it from becoming known to third parties.
2.3. The User is responsible for all activities that occur on a registered and logged in user account. If there is any doubt about the misuse of the User’s account, a relevant notification must be sent immediately to the address support@yaga.co.za.
2.4. The User may use only their registered account to participate on the Portal. Under no circumstances may the User attempt to establish multiple accounts using multiple computers, names and identity information, or any program with the intention to mask their identity or generates a fake identity. Shop Yaga reserves the right to withhold, deny or cancel a User’s account if we, in our sole discretion, deem a User’s account as fraudulent, abusive, unethical, suspicious, or otherwise inconsistent with our Terms or any other applicable law or regulation.
2.5. By sharing personal data with Shop Yaga, the User warrants that the person using the Portal is them or they have the authority to act on behalf of another. The User is responsible for the information they provide (including any third-party personal information), and all the actions taken on the Portal. Please see Shop Yaga’s Privacy Policy for more details on how we use and processes personal data.
3. HOW DOES YAGA WORK?
3.1. The Portal allows:
3.1.1. Opening a web store on the Portal;
3.1.2. Selling goods on the Portal;
3.1.3. Browsing, saving to favourites, and buying products from other Users;
3.1.4. Communicating with other Portal Users through private messages; and
3.1.5. Sharing adverts of goods being sold on the Portal on various social media channels.
3.2. Shop Yaga provides the funds deposit services for the performance of sales contracts concluded by the Users in which the buyer transfers the purchase price to Shop Yaga when making a purchase either via an EFT Payment, by using a credit card or by using the Yaga wallet balance, or any other payment options which are available in the Portal.
3.3. The Seller hereby appoints Shop Yaga to act on its behalf as its limited payment agent to accept payment on its behalf for the goods sold through the Portal.
3.4. It is only possible to make purchase and sales transactions in South African Rands on the Portal.
3.5. Description of the purchase/sale process:
3.5.1. The Buyer finds a product of interest on the Portal and makes the payment through one of the payment options which are available on the Portal;
3.5.2. The purchase price is transferred to the account of Shop Yaga, who acts as the Seller’s limited payment agent to receive the payment on their behalf from the Buyer;
3.5.3. The Seller sends the goods to the Buyer using one of the delivery options offered in the Portal that was selected by the Buyer, or in another manner agreed upon between the Buyer and the Seller;
3.5.4. The Seller confirms the shipping or delivery of the goods to the Buyer via the Portal by clicking on the ‘Item shipped’ button and includes a tracking number, if available. If the goods are sent using an integrated courier method, the order is marked as shipped automatically when the goods have been sent;
3.5.5. The Buyer confirms the receipt of the goods through the Portal by clicking on the ‘Item received’ button and confirms in the following pop-up that they are satisfied with the goods and agree to release the purchase price to the Seller’s Yaga wallet;
3.5.6. Shop Yaga will thereafter releases the payment to the Seller’s Yaga wallet and the sales transaction is deemed to be completed (unless the transaction is reported for any reason).
3.5.7. In order to transfer the funds to the Seller’s bank account, the Seller is required to initiate the payout process by clicking on the 'Payout to bank account' button. Once initiated, Shop Yaga will make the transfer to the Seller's bank account within 1-3 business days subject to the accuracy and validity of the banking details provided by the Seller.
3.5.8. The Seller’s banking details must be from a recognised South African bank. Shop Yaga will only release funds to international banking accounts, under exceptional circumstances and in accordance with clause 6 below.
3.5.9. It is the responsibility of the Seller to ensure that the banking details provided are accurate, up to date and linked to a South African bank account from one of the recognised banks. Shop Yaga will not be held responsible for any delays or losses incurred as a result of funds transfers to the provided account.
3.6. Invoice for any payments made on the Portal are provided upon the request sent to Shop Yaga by the User.
3.7. The User’s right to purchase on the Portal is subject to any limits Shop Yaga or our credit card issuer may establish. If payment cannot be charged to the User’s payment card or a charge is returned for any reason, including chargeback, Shop Yaga reserves the right to suspend or terminate the transaction.
4. SERVICE FEES
4.1. Opening a shop, adding items to the Portal and selling items on the Portal is free of charge.
4.1.1. The Seller chooses shipping service provider(s) when listing item on the Portal.
4.2. The User pays a Buyer Protection fee of 5% (five percent) calculated from the total cost (including item and delivery) plus an amount of R14.90 (fourteen rand and ninety cents), applied automatically at checkout;
4.2.1. If the order is cancelled due to the item not having been shipped, then the full amount, including the Buyer Protection fee, is refunded to the Buyer.
4.2.2. If the order is cancelled in accordance with 13 (Buyer has the right to return the item) then the full amount, including the Buyer Protection fee, is refunded to the Buyer.
4.3. Shop Yaga has the right to deduct the Buyer Protection fee from User’s account, if the order is cancelled in violation of the Terms.
5. TRANSACTION SECURITY
5.1. In order to protect the interests of the Users of the Portal, the entire sales process must take place in the Portal environment. The Buyer must use only the payment methods and methods of transportation available in the Portal environment. The Buyer can pay for the goods through one of the payment methods which are available in the Portal.
5.2. The Portal protects both the Buyer and Seller from potential fraud as follows:
5.2.1. After the purchase is made, the amount paid for the goods is deposited to the account of Shop Yaga until the order is complete;
5.2.2. The Seller confirms the shipping or delivery of the goods by clicking the ‘Item shipped’ button for the respective order. If the goods are sent using an integrated courier method, the order is marked as shipped automatically when the goods have been sent;
5.2.3. After the goods have been shipped, Shop Yaga will wait for the Buyer to confirm the receipt of the goods;
5.2.4. Once the Buyer has confirmed the receipt of the goods by clicking on the ‘Item received’ button in the corresponding order, and confirmed in the following pop-up that they are satisfied with the goods and agree to release the funds to the Seller’s Yaga wallet, Shop Yaga will release the funds to the Seller’s Yaga wallet.
5.3. To enhance clarity and minimise potential disagreements between Buyer and Seller, we encourage the parties to communicate with each other through the Portal. Prior to purchase, it is recommended that the Buyer and Seller disclose all relevant information about the goods, and that any questions or concerns are addressed in a timely manner.
6. WITHHOLDING PAYMENTS AND INTERNATIONAL PAYMENTS
6.1. Shop Yaga allows transactions on the Portal that take place within the Republic of South Africa. All Sellers are therefore required to provide the details of a valid South African bank account to receive payout payments from the Portal.
6.2. Shop Yaga and its payment service providers are compliant with all applicable Anti-Money Laundering and Counter-Terrorism Financing (“AML/CTF”) regulations including the Financial Intelligence Centre Act 38 of 2001 (“FICA”). A User’s ability to make use of the Portal may therefore be regulated by such laws and the respective rules and regulations.
6.3. Shop Yaga may, at various times and depending on a range of factors in its sole discretion, including a request for an international payment and/or the exact nature of the User, require that a User submit certain information to Shop Yaga and/or its authorised third-party service providers in order for the User to be verified as not infringing any of Shop Yaga’s AML/CTF requirements and/or local or foreign laws. This information may include identity documents, passport documents and/or bank account information.
6.4. Shop Yaga reserves the right to withhold any payment and limit or terminate a User’s access and use of the Portal should the User fail to adhere to these requirements to the standard required by Shop Yaga. Shop Yaga also reserves the right to share this information with any legal authority when required under applicable laws.
7. DEADLINES FOR SHIPPING AND RECEIVING GOODS AND TRANSFERRING FUNDS
7.1. The Seller is expected to ship an item as soon as possible and always within 7 (seven) calendar days, unless agreed upon otherwise. In order to confirm the shipping of the goods, the Seller of the goods must click on the ‘Item shipped’ button for the respective order, unless an integrated shipping method is used and the status of the order is marked as shipped automatically
7.2. The Buyer has up to 48 (forty-eight) hours after collecting the goods to confirm the receipt of the goods on the Portal or submit a claim (see clause 13). In order to confirm the receipt of the goods, the Buyer has to click on the ‘Item received’ button for the respective order, and confirm in the following pop-up that they are satisfied with the goods and agree to release the funds to the Seller’s Yaga wallet.
7.2.1. If the Buyer has not confirmed the receipt of the goods or submitted a claim within 48 (forty-eight) hours after collecting the goods in accordance with 9.15 (Buyer has the right to return the item), then Shop Yaga has the right to complete the order on the Buyer’s behalf.
7.2.2. Yaga will check the tracking information provided by the Seller and if this information is sufficient for completing the order, Shop Yaga will release the funds to the Seller’s Yaga wallet. If the tracking information is insufficient or unclear about the delivery of the goods, Shop Yaga will contact the Buyer via the email address connected to the Buyer’s account, and ask them to confirm the receipt of the goods or submit a claim within 48 (forty-eight) hours. If the Buyer does not respond within this period, then the goods are considered as received and Shop Yaga will complete the order accordingly.
7.3. Shop Yaga will release the payment made by the Buyer into the Seller's Yaga wallet following confirmation from the Buyer of receipt of the goods. The Seller can choose between using the funds for future purchases on the Portal or requesting a payout to their chosen bank account.
7.4. The Seller can initiate a payout to their bank account by clicking on the 'Payout to bank account' button. The Seller enters their chosen account details in the Settings section on the Portal.
7.5. It is the responsibility of the Seller to ensure that the banking details provided are accurate, up to date and linked to a South African bank account with one of the recognised banks.
7.6. Once the Seller has initiated a payout, Shop Yaga will transfer the funds to the Seller within 1-3 business days.
7.7. If the Seller has not shipped the goods within 1 (one) month from the date of receipt of the purchase order, indicating it by clicking ‘Item shipped’ button, or the order has been in the ‘In-transit’ status for over 1 (one) month, then Shop Yaga has the right to cancel or complete the order, respectively.
8. DISCLAIMER OF LIABILITY WITH RESPECT TO SALES
8.1. Shop Yaga is not the owner or seller of any goods sold on the Portal and does not participate in sales, purchases, or other transactions that occur between Users of the Portal.
8.2. Sale agreements are concluded between the Users of the Portal without the representation and mediation of Shop Yaga. Users are fully responsible for the execution of their sale agreements, which are private transactions between these parties.
8.3. Complaints, queries, and claims regarding goods on the Portal must be submitted directly to the Seller by using the messaging system on the Portal. Shop Yaga is not responsible for resolving any disputes between the parties to a sales transaction.
8.4. Shop Yaga does not inspect nor ensure any guarantee for the goods sold on the Portal and does not review nor check the quality or suitability of the goods sold or the compliance thereof with the description entered by the Seller.
8.5. Shop Yaga is not liable for the truthfulness and lawfulness of the information published by a User on the Portal or for a User’s inappropriate or unlawful behaviour.
8.6. Shop Yaga is not liable for damages due to improper or inadequate packaging of any goods by the Seller. Additionally, Shop Yaga holds no responsibility for delays, parcel damages, or losses incurred during shipment, whether by integrated or non-integrated shipping services utilised by Portal Users. All claims related to shipments must be submitted directly to the respective shipping services.
9. RIGHTS AND OBLIGATIONS OF THE USER
9.1. The User confirms that they are above the age of majority and have the legal capacity to understand, agree with and be bound with these Terms. Where you are under the age of majority you warrant that you have the consent of your parent or guardian to use the Portal, who understands that they will be responsible for all your actions on the Portal and any associated expenses.
9.2. When using the Portal, the User undertakes to provide completely correct information, including true data on the quality and condition of the goods sold, as well as other details which may affect the Buyer’s decision to purchase a good.
9.3. To use the Portal, including to make sales transactions, the User undertakes to enter their valid e-mail address to the Portal and be available via e-mail.
9.4. The User undertakes to conduct only legal purchase and sales transactions through the Portal.
9.5. The User undertakes to ensure that their activities do not violate the property rights or moral rights (including intellectual property) of any third parties.
9.6. The User undertakes to ensure that their activities comply with all applicable laws, including legislation regulating consumer protection, competition, and the export and import of goods.
9.7. The User undertakes to ensure that their actions and activities are lawful and in accordance with good practice. User’s warrant that they shall not:
9.7.1. act in a threatening, harassing, abusive, racist, sexist, or discriminatory manner;
9.7.2. promote sexually explicit material;
9.7.3. act in a violent or discriminatory manner based on race, sex, religion, nationality, disability, sexual orientation, age, or any other listed ground;
9.7.4. publish personal data or breach another User’s privacy rights;
9.7.5. share or promote unlawful, false, or inaccurate information;
9.7.6. be impolite or undertake repressive activities in communications with other Users;
9.7.7. act and use the Portal in bad faith.
9.8. The User undertakes to ensure that the items uploaded to their shop are done so in accordance with the law and good practice and are not Prohibited Items (as defined below in clause 10).
9.9. Own Images
9.9.1. The User undertakes to ensure that the item description and the pictures of the item uploaded to the Portal describe the item accurately. The item must be represented as if. The User is not allowed to edit the images using image editing software. The User is recommended to show any defects, scratches, wear, etc. of the item to ensure Buyers can clearly inspect the item before purchase.
9.9.2. The pictures uploaded should be the User’s own photos of the actual item, not photos taken from the internet or other sources.
9.9.3. Images used should not be generated using AI or any other software or related application.
9.9.4. No images uploaded to the Portal for an item should infringe the intellectual property of any third party.
9.10. Item Description
9.10.1. There should be no information in the description which does not relate to the item on sale, this includes advertisement, spam hashtags, spam brands, spam text, or information directing conversations/sales outside of the Portal.
9.10.2. The User must upload each item separately to the Portal, under their corresponding category. There should only be one listing per item.
9.10.3. In the item description, the User should also describe any defect, alteration, or missing part of the item.
9.10.4. Users are prohibited from uploading an item that is not available or already sold or that is uploaded as a means to cause confusion or disruption on the Portal (such as trolling or false or misleading items).
9.10.5. Users can only upload items which they are sure are authentic and are in no way a counterfeit or grey good. Users cannot add a disclaimer to their listing saying they are not sure whether or not the item is authentic.
9.11. Parcel Delivery
9.11.1. The User, in the role of a Seller, undertakes to ensure that the item advertised for sale fits the parcel of the delivery option made available for the Buyer (excl. bundling) and is safely packaged. The Seller takes full responsibility where the item shipped is broken in transit.
9.11.2. When using integrated courier services (such as PUDO or PAXI) or non-integrated courier services, whether offered in the Portal or not, the Seller agrees to comply with the respective policies of these services regarding shipping requirements and packaging standards, acknowledging that each courier service's policies apply to the shipping process, respectively.
9.11.3. When using a PUDO integrated courier service, after generating a code in the Portal, the Seller must ship the item within 36 (thirty-six) hours. Failure to deposit the item within 36 (thirty-six) hours will result in cancellation of the delivery with no refund.
9.12. The User confirms that they are aware that the obligation to declare and pay taxes (including value added tax and income tax) on all transactions lies with the User and for what Shop Yaga takes and holds no responsibility.
9.13. The User confirms that they are aware of the fact that if third parties gain access to the User’s information technology equipment so that the User is logged into the Portal, third parties may assume obligations that are binding to the User and the performance of which is the responsibility of the User.
9.14. Users are responsible for the execution of their sales agreements. Complaints and queries related to the goods sold must be submitted directly to the Seller using the Portal’s messaging system.
9.15. When concluding a sales agreement, the Seller undertakes to accept return of the goods if the Buyer who made the purchase wishes to , within 48 (forty-eight) hours from the receipt of the goods, return the goods because the goods differ significantly from the description in the sales ad or from the photo of the product (see clause 13).
10. PROHIBITED GOODS
10.1. Shop Yaga reserves the right to determine what items are and aren’t allowed to be listed on the Portal.
10.2. It is strictly forbidden to upload counterfeit items to our Portal. Counterfeit items usually copy or imitate the trademark (e.g. name of the brand, name of its product and/or logo) of a company without its permission). They may also copy the specific notable features of that company’s product (e.g. the shape of a perfume bottle, the design and specific pattern of a bag).
10.3. Should we discover that any item listed on the Portal violates our Terms or poses any risk to other Users or the Portal, Shop Yaga reserves the right to remove those items for sale from the Portal.
10.4. Users cannot sell the following items on the Portal. The below list is not exhaustive and is to be considered only as a guide. The list is subject to change at any time by Shop Yaga.
10.5. Prohibited Items include, but are not limited to:
10.5.1. Any item for which the sale or distribution thereof is prohibited by South African law or regulation;
10.5.2. Medicines, medical devices, and healthcare products;
10.5.3. Motorised vehicles;
10.5.4. Counterfeit items, replicas and unauthorised copies, as well as other products not meant for retail sale, including, but not limited to, factory rejects and parallel or grey import goods;
10.5.5. Samples, testers or other (promotional) items that are not intended for sale, including rebottled perfumes;
10.5.6. Drop-shipping;
10.5.7. Food products and beverages, including alcohol;
10.5.8. Smoking paraphernalia;
10.5.9. Offensive material;
10.5.10. Firearms, weapons and military items;
10.5.11. Adult only material and nudity;
10.5.12. Advertisements;
10.5.13. Vouchers, gift cards, digital and non-tangible goods;
10.5.14. Drug and drug paraphernalia;
10.5.15. Animals; and
10.5.16. Locked phones.
(collectively, “Prohibited Items”)
10.6. Shop Yaga reserves the right to review all transactions and conversations that take place through the Portal and suspend and/or remove the account/s of any User who we deem to be knowingly and willingly selling Prohibited Items through the Portal.
10.6.1. Where Shop Yaga receives a complaint about the selling of Prohibited Items by a Seller, it shall investigate such complaint and where necessary suspend the User’s account pending conclusion of the investigation.
10.6.2. Where a User’s account is found guilty of knowingly selling Prohibited Items, the User’s account may be terminated, all transactions undertaken prior to the termination may be cancelled and the Buyer’s refunded, where applicable.
10.7. Shop Yaga also reserves the right, at its discretion to provide the account information of any User found guilty of the sale of Prohibited Items, to the appropriate authorities or rightful intellectual property owner, on request.
10.8. All Users are made aware that sale of counterfeit items could expose User’s to civil and/or criminal proceedings by or on behalf of the rightful intellectual property owner for which Shop Yaga holds no responsibility and liability therefor.
11. RIGHTS AND OBLIGATIONS OF SHOP YAGA
11.1. Shop Yaga is justified, at its own choice, to restrict or revoke the User’s access to the Portal, including changing the information published by the User on the Portal, stop a sale regardless of its status, cancel a payout and refund the other party as appropriate, or close their User account and not allow them to re-register as a User if:
11.1.1. the User violates these Terms;
11.1.2. the User has submitted information that is incorrect, misleading, or inaccurate when logging in to the Portal or using the Portal;
11.1.3. the User knowingly and intentionally disseminates false information on Shop Yaga’s website, insults any other User in any way, or acts in bad faith;
11.1.4. the purchase or sales offers entered by the User are in violation of these Terms, good manners, or applicable law;
11.1.5. Yaga Store receives at least three complaints from other Users about the User’s activity.
11.2. Monitoring and Oversight
11.2.1. Shop Yaga is entitled to monitor all activity on the Portal, including, but not limited to, purchase and sale offers and transaction communications made via the Portal by Users. Such monitoring may result in the removal or hiding of any sales ads that violate these Terms or are inactive for a prolonged period.
11.2.2. Users understand that they have no expectation of privacy from Shop Yaga when engaging with other User’s on the Portal and understand that all communications must be made in accordance with these Terms.
12. INTELLECTUAL PROPERTY
12.1. All website/software layout, website/software content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Shop Yaga, our shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
12.2. All rights to any intellectual property the User provides to Shop Yaga will remain with the User, but for which the User has provided Shop Yaga with a revocable, royalty-free, non-exclusive, non-transferable, fully paid licence to use such intellectual property to provide the User with Services and for the purpose of marketing and promotion of the Portal and Shop Yaga.
12.3. If the User provides Shop Yaga with any suggestions, comments or other feedback relating to the Portal or company (collectively, “Feedback”), such Feedback is provided ‘as is’ and is and will be deemed as Shop Yaga’s sole and exclusive property. The User hereby irrevocably assign to Shop Yaga all of their rights, title and interest in and to all Feedback, if any, and waive any moral rights they may have in such Feedback. Without derogating from the foregoing, the User hereby represents and warrants that the User will not provide any Feedback to Shop Yaga which is subject to any third-party rights or any limitations or which the User is otherwise precluded from providing to Shop Yaga and shall notify Shop Yaga as soon as they become aware of any third-party right or limitation which may apply to any Feedback already provided.
12.4. Subject to the rights afforded to Users in these Terms, all other rights to all intellectual property on the Platform or Shop Yaga are expressly reserved. The User may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics or other material or the underlying software code whether in whole or in part, without Shop Yaga’s written consent first being granted, which consent may be refused at our discretion. No modification of any intellectual property or graphics is permitted. Should the User breach these provisions, Shop Yaga and/or the rightful intellectual property rights owner may launch legal proceedings against the User for a breach of contract, resulting in a claim of damages against the User.
12.5. Shop Yaga reserves the right to make improvements or changes to the intellectual property, information, videos, graphics, and other materials on the Portal, or to suspend or terminate the Portal, at any time without notice; provided that any transactions or functions already concluded, will not be affected by such suspension or termination (as the case may be).
12.6. Where any intellectual property has been licensed to Shop Yaga or belongs to any third party (“third party IP”) all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and the User agrees to comply with such third-party terms and conditions. If there is a conflict between the licensing terms of third-party IP and these Terms, the licensing terms of the third-party IP shall prevail only in connection with the related third party IP. Shop Yaga disclaims all liability related to any third-party components utilised in the Portal. The User acknowledges that Shop Yaga is not the author, owner or licensor of any third-party IP, and Shop Yaga accordingly makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of third-party IP. Under no circumstances shall the Portal or any portion thereof (except in respect of any third party IP contained therein) be deemed to be “open source” or “publicly available” software.
12.7. Subject to adherence to the Terms, Shop Yaga grants to the User a personal, revocable, non-exclusive, non-assignable, non-sublicensable, royalty free, and non-transferable license to use and display all content and information on any machine which the User is the primary user. However, nothing contained on the Portal or in these Terms should be construed as granting any licence or right to use any intellectual property without Shop Yaga’s prior written permission.
13. RETURN AND CLAIMS OF GOODS
13.1. If the User has a complaint about the service of Shop Yaga, please contact us at support@yaga.co.za and submit your name and contact details, and briefly describe the content of the complaint. Shop Yaga will respond to the complaint as soon as possible, but not later than within the next 2 (two) working days, unless specified otherwise.
13.2. If the goods differ significantly from the description given in the sales advertisement or the photo of the product and the Buyer therefore wishes to return the goods to the Seller, the following must be done:
13.2.1. The Buyer must send a message to the Seller and/ or Yaga within 48 (forty-eight) hours of receipt of the goods, indicating the discrepancy of the goods from the sales advertisement, and agree on the place and way of returning the goods. There is no right of return if it is prohibited by South African law for a particular type of good.
13.2.2. The right of return cannot be executed if the Buyer has received the goods and confirmed their satisfaction with the goods on the Portal or if more than 48 (forty-eight) hours have passed from the receipt of the goods.
13.2.3. The Buyer undertakes to return the goods in the same condition in which they were received.
13.2.4. After the Buyer and the Seller have agreed upon returning the item and the Seller has provided the necessary return details (as required by the specific delivery provider), the Buyer must ship the item within 72 (seventy-two) hours using the same shipping method as was used for initial delivery, unless agreed upon otherwise.
13.2.5. The funds will remain in the account of Shop Yaga until the goods are returned to the Seller. The cost of returning the goods is borne by the Buyer, unless the Seller and the Buyer agree upon otherwise.
13.2.6. To confirm the return of the goods, the Seller must, within 48 (forty-eight) hours from receiving the goods back from the Buyer, click on the ‘Cancel’ button on the Portal for the specific sales order. In this case, Shop Yaga will return the funds to the Buyer's Yaga wallet.
13.2.7. If the Seller does not cancel the order nor raise any disputes within 48 (forty-eight) hours from receiving the goods back from the Buyer, as indicated by the tracking information, Shop Yaga reserves the right to cancel the order on behalf of the Seller.
13.2.8. After the order has been cancelled and funds returned to the Buyer's Yaga wallet, the Buyer can choose between using the funds for future purchases on the Portal or paying it out to the chosen bank account. The Buyer can initiate a payout to bank account by clicking on the 'Payout to bank account' button. The Buyer enters the account details where they want the payment for the goods to be transferred in the Settings section on the Portal. It is the responsibility of the Buyer to ensure that the banking details provided are accurate, up to date and linked to a South African bank account from the listed banks. Once the Buyer has initiated a payout, Shop Yaga will transfer the funds to the Buyer within 1-3 working days.
13.3. In the event of unresolvable disputes between the Buyer and the Seller, Shop Yaga may assist in resolving the disputes but is under no obligation to do so and remains and external party to the dispute between the Users.
13.4. The dispute resolution process is as follows:
13.4.1. To resolve disputes between the Buyer and Seller, it is possible to turn to Shop Yaga within 21 (twenty-one) days after submission of the purchase order at support@yaga.co.za.
13.4.2. To resolve the dispute between the Seller and the Buyer, Shop Yaga has the right to request additional information from both parties and to use the information on the Portal about the communication between the Buyer and the Seller, including the content of the messages sent on the Portal.
13.4.3. To resolve the disputes as quickly as possible, the Buyer and Seller undertake to actively cooperate and respond to inquiries made by Shop Yaga within 48 (forty-eight) hours. If one of the parties to the dispute does not cooperate and does not respond to the submitted requests within 48 (forty-eight) hours, Shop Yaga has the right to make a decision in favour of the other party to the dispute.
13.4.4. If the Buyer submits a claim for the purchased goods, the Seller must be ready to prove the shipping of the goods by presenting a document (such as a waybill/proof of shipment) certifying the operation of the selected mode of transport or prove the shipping of the item in another verifiable way. If the Seller fails to prove the shipping of the goods, Shop Yaga may settle the claim in favour of the other party.
13.4.5. If the Buyer claims that the goods are not in conformity with the description in the sales ad and the Buyer and the Seller do not reach an agreement on the return of the goods, Shop Yaga will decide, based on the available information, in whose favour the claim is settled.
13.4.6. The decisions to settle a claim may, depending on the willingness of the parties to settle the claim promptly, include:
13.4.6.1. The claim is settled in favour of the Buyer and the funds are returned to the Buyer’s Yaga wallet right after the respective decision has been made; the prerequisite of the decision is the return of the goods to the Seller and the Seller’s confirmation of receipt of the goods at support@yaga.co.za .
13.4.6.2. The claim is settled in favour of the Seller and the funds are released to the Seller’s Yaga wallet right after the respective decision has been made; the Buyer keeps the goods of the claim.
13.4.6.3. The claim cannot be resolved regardless of the efforts of Shop Yaga. In this case, the funds will remain in the account of Shop Yaga until the Buyer and the Seller confirm that they have reached an agreement at support@yaga.co.za . If, within 1 (one) month, the Buyer and Seller have not reached an agreement and the respective confirmation is not sent to support@yaga.co.za , Shop Yaga will decide, based on the available information, the amount of funds returned to the Buyer and/or Seller or whether the funds will remain in the account of Shop Yaga.
13.4.6.4. If an agreement is not reached in any of the ways listed above, the User has the right to turn to the National Consumer Commission http://www.thencc.gov.za/ when buying goods from an economic or professional trader. If the private Seller operates outside the economic and professional field, the Users can turn to an approrpiate court to resolve the dispute.
13.5. After resolving disagreements between Buyer and Seller, Shop Yaga has the right to close the User account, inter alia, if:
13.5.1. The User has not fully cooperated with the complaint process and has not shown willingness to contribute to the resolution of the claim;
13.5.2. It becomes evident that the Seller has confirmed the shipping of the goods but has not actually shipped the goods to the Buyer;
13.5.3. The Buyer has not paid for the goods to be purchased despite the conclusion of the purchase agreement;
13.5.4. The User has filed an unsubstantiated claim against another User or provided false information;
13.5.5. There are repeated complaints about the Seller’s goods.
13.5.6. There is a suspicion of recurrently selling goods that do not correspond to the description and a suspicion of deliberate fraud.
14. PROCESSING PERSONAL DATA AND PRIVACY POLICY
14.1. Shop Yaga collects only such personal data from the User that arise during the use of the Portal pursuant to the User’s activities on the Portal. Such data is, for example, data in the User’s profile, information provided during the sale of a product, and data saved from all other activities provided on the Portal (saving a product/another User, making a purchase, sending messages, etc.).
14.2. Shop Yaga has the right to process data that Shop Yaga has received from the User when logging into the Portal and that Shop Yaga has asked for during the use of the Portal or which is collected about the User when otherwise using the Portal for the purposes and to the extent specified in these Terms.
14.3. The User consents to Shop Yaga processing their personal data for the purposes and to the extent specified in these Terms. The User has the right to withdraw the consent at any time, request the termination of the processing of personal data and the deletion or closure of the collected personal data, as well as the closure of the User account. The User can request the deletion or closure of the collected personal data, as well as the closure of the user account by contacting Shop Yaga at support@yaga.co.za.
14.4. Shop Yaga uses the User’s personal data to provide, develop, and personalise the Portal’s services.
14.5. Shop Yaga has the right to use the User’s personal data and transfer them to third parties selected by Shop Yaga to cooperate with them to ensure the quality and availability of Shop Yaga services, as well as expand, improve, and otherwise develop the services offered by Shop Yaga.
14.6. Shop Yaga is the handler of personal data; Shop Yaga transfers the personal data necessary for making payments to its authorised payment processors Peach Payment Services, Ozow , Mobicred and other service providers, which process personal data according to the rules prescribed for payment services.
14.7. The User always has the right to ask questions related to the processing of the User's personal data, and additional information by contacting Shop Yaga at support@yaga.co.za. The User also always has the right to contact the authority supervising the protection of personal data, which in South Africa is the Information Regulator of South Africa (enquiries@inforegulator.org.za ).
15. AMENDING THE TERMS AND CONDITIONS
15.1. Shop Yaga has the right to unilaterally amend these Terms at any time due to the development of the Portal and the services offered and in the interest of their better and safer use.
15.2. Shop Yaga undertakes to notify the User of any amendments to these Terms by means of notices, messages, or e-mails published on the Portal.
15.3. Amendments to the Terms take effect upon the publication of the corresponding amendment on the Portal, about which the Portal sends a notification to the User.
15.4. The User confirms their acceptance of the amendments to the Terms by continuing to use the Portal after the respective amendments become effective.
16. DISCLAIMERS
16.1. The Portal is only available on compatible devices connected to the internet. It is the User’s responsibility to obtain these devices and any connectivity necessary to use the Portal/Services. Shop Yaga does not guarantee that the Portal, or any portion thereof, will function on any particular hardware or device.
16.2. Without prejudice to any of Shop Yaga other rights (whether at law or otherwise), Shop Yaga reserves the right to deny the User access to the Portal where Shop Yaga believes (in our reasonable discretion) that the User is in breach of any of these Terms.
16.3. The Portal and Services, including intellectual property appearing therein, are provided "as is" and "as available". Shop Yaga makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, or suitability of either the Portal, the Services, or information made available through the Portal. The User’s use of the Portal is at their sole risk unless otherwise explicitly stated.
16.4. All content, information, and/or opinions of User’s made available on the Portal are those of the authors and not Shop Yaga. While Shop Yaga makes every reasonable effort to present such information accurately and reliably, it does not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information. Any third-party who has their intellectual property or goods uploaded to the Portal shall have the right to request such information be removed.
16.5. Shop Yaga, its shareholders, directors, employees, and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential, or arising from information made available on (or by means of) the Portal/Services and/or transactions or actions resulting from the Portal.
16.6. Shop Yaga, its shareholders, directors, employees, partners, and affiliates, accept no liability whatsoever for any costs, expenses, fines, or damages, including but not limited to direct or indirect loss or damages, including any data loss, economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Portal in any manner, the reliance upon or use of content, information, opinions or other materials appearing on the Portal. The User expressly acknowledges and agrees that Shop Yaga is not liable or responsible for any fraudulent, defamatory, offensive, or illegal conduct of other Users or third parties whether through the Portal or otherwise.
16.7. The User’s sole and exclusive right and remedy in case of dissatisfaction with the Portal or Services, or any other grievance shall be the User’s termination and discontinuation of access to, or use of the Portal.
16.8. Shop Yaga takes reasonable security measures to ensure the safety and integrity of the Portal and to exclude viruses, unlawful monitoring and/or access. However, Shop Yaga does not warrant or represent that the User’s access to the Portal will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Portal will be free of bugs, viruses, worms, trojan horses or other harmful components. The User’s access to and use of the Portal remains solely at their own risk, and User’s should take their own precautions accordingly.
17. INDEMNITIES
17.1. The User agrees to indemnify, defend, and hold harmless Shop Yaga, its shareholders, directors, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, on an attorney and own client scale, made by any third party, and arising out of or in connection with the User’s access to or use of the Portal, their violation of these Terms, or the infringement by the User, or any third party using their account, of any intellectual property or other right of any person or entity.
17.2. The User agrees to indemnify, defend, and hold Shop Yaga, its shareholders, directors, employees, and partners harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the User’s use of the Portal and/or breach of these Terms.
17.3. This clause will survive termination of these Terms.
18. DISPUTE RESOLUTION
18.1. Should any dispute, disagreement or claim arise between a User and Shop Yaga concerning the use of the Portal, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
18.2. Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them to find a mutually beneficial solution.
18.3. If the dispute is still not resolved after such mediation, the parties consent to the non-exclusive jurisdiction of the of the Magistrates Court of South Africa, even where the quantum of the dispute may exceed the threshold. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
18.4. The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
19. TERMINATION
19.1. In addition to our other rights herein, Shop Yaga reserves the right to restrict and/or terminate the User’s use of our portal if the User breaches any of these terms, or for any other reason in Shop Yaga’s sole discretion provided that Shop Yaga gives the user reasonable notice.
19.2. If the User wishes to terminate their agreement with Shop Yaga and these Terms, they may do so by ending their use of the Portal and deactivating their account. Termination will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which the parties may have at the time of said termination.
19.3. In the event of termination of the User’s agreement with these Terms Shop Yaga will remove the User from the Portal and delete their account and associated data in accordance with Shop Yaga’s data retention formula and processes.
20. FINAL PROVISIONS
20.1. Legal relations between the User and Shop Yaga arising from the use of the Portal are governed by the laws of the Republic of South Africa.
20.2. The Terms and Conditions are valid upon acceptance by the User and will remain in force during the validity of the legal relations between the User and Shop Yaga.
20.3. All messages and information between the User and Shop Yaga are exchanged electronically at support@yaga.co.za.
20.4. The relationship of the parties, inter se, shall be governed by these Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party. Shop Yaga only provides software as a service, any formal engagement between users facilitated by the Portal is between them privately, and for which Shop Yaga holds no responsibility.
20.5. If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned
20.6. The Portal and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the Portal. The User’s continued access or use of the Portal constitutes their acceptance to be bound by these Terms, as amended. It is the User’s responsibility to read these Terms periodically to ensure they are aware of any changes.
20.7. No indulgence, leniency or extension of time granted by Shop Yaga shall constitute a waiver of any of Shop Yaga’ rights under these Terms and, accordingly, Shop Yaga shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.
20.8. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.
20.9. The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.