Terms and Conditions
TERMS AND CONDITIONS OF USER AGREEMENT OF TERRAHUB MARKETPLACE
1 About the Company
1.1 TerraHub is an online marketplace focusing on gardening essentials and plants (hereinafter referred to as the “Portal”), allowing registered users to purchase and sell goods related to gardening and also open their own online store.
1.2 The Portal is managed by TerraHub Marketplace, TERRAHUB MARKETPLACE (PTY) LTD (2023/140943/07), support@terrahubmarketplace.co.za
1.3 By registering as a user of the Portal (hereinafter referred to as “User”), the User confirms they have read, agree to, and undertake to comply with these Terms and Conditions.
2 User Account
2.1 To utilise the Portal, the User must register and log in, using either their Facebook or Google account, or another acceptable method of registration and login as provided by the Portal.
2.2 The User is responsible for keeping their login credentials confidential and preventing them from becoming known to third parties.
2.3 The User is accountable for all activities occurring under their registered account. Any suspicious activity should be reported immediately to the Portal’s support email.
3 How does TerraHub work?
3.1 The Portal enables:
- Opening an online store;
- Selling and buying plants and gardening essentials;
- Interacting and communicating with other Users;
- Sharing product listings across various social media platforms.
3.2 TerraHub acts as a facilitator for transactions, ensuring the secure exchange of funds between buyers and sellers.
3.3 Transactions are conducted in the local currency, unless otherwise specified and agreed upon by the parties involved in a transaction.
3.4 Description of the Transaction Process:
Buyers select and pay for products;
- Payment is secured by TerraHub until the buyer receives the product via delivery;
- Sellers dispatch the products, confirming shipment through the Portal;
- Buyers confirm receipt and satisfaction, enabling the release of payment to sellers.
4 Service Fees
4.1 The User agrees to pay a commission fee of 15% calculated from the total price paid by the Buyer, including delivery fees.
4.1.1 Opening a shop and listing items on the TerraHub marketplace is free of charge.
4.1.2 Should a User cancel an order following payment, TerraHub reserves the right to deduct the commission fee from the User’s account prior to any pay-outs.
4.1.2.1 However, if a User cancels an order in alignment with clause 8.1.1 (pertaining to the Buyer’s right to return an item), TerraHub will not deduct the commission fee from the User’s account.
4.2 Sellers are responsible for choosing and listing their shipping service provider(s) when adding items to the TerraHub marketplace.
5 Transaction Security
5.1 To safeguard the interests of TerraHub marketplace Users, all sales transactions must be conducted within the TerraHub environment. Buyers are required to utilise only the payment methods outlined in these Terms and Conditions, which include EFT payment, credit/debit card transactions, or using the balance in their TerraHub wallet.
5.2 TerraHub acts diligently to protect both Buyers and Sellers from potential fraudulent activities by:
5.2.1 Retaining the payment until the Buyer confirms receipt of the purchased items or services.
5.2.2 Releasing the funds to the Seller’s TerraHub wallet once the Buyer acknowledges receipt of the items by clicking the ‘Item Received’ button related to the order.
5.3 To minimise disagreements, it is advised that Buyers and Sellers maintain open and clear communication within the TerraHub marketplace, ensuring all queries concerning listed goods or services are thoroughly addressed prior to finalising any purchase.
6 Disclaimer of Liability
6.1 TerraHub Marketplace is not the owner of the goods nor services sold on the Portal and does not participate in sales, purchases, or other transactions that occur between the Users of the Portal.
6.2 Sales agreements are concluded between the Users of the Portal without the representation and mediation of TerraHub Marketplace. Users are fully responsible for the execution of their sales agreements.
6.3 Complaints, queries, and claims regarding the goods or services on the Platform must be submitted directly to the Seller by using the message system on the Portal. TerraHub Marketplace is not responsible for resolving any differences between the parties to the sales transaction.
7. Warranties and Guarantees
7.4 TerraHub Marketplace does not ensure nor guarantee the goods or services sold and does not review nor check the quality of the goods or services sold or their compliance with the description entered by the User.
7.5 TerraHub Marketplace is not liable for the truthfulness and lawfulness of the information published by the User on the Portal or for the User’s inappropriate or unlawful behaviour.
8 Rights and Obligations of the User
8.1 The User confirms that they are a person with active and passive legal capacity who has the right to make transactions on the Portal.
8.2 When using the Portal, the User undertakes to provide completely correct information, including true data on the quality and condition of the goods or services sold, as well as other details which may affect the Buyer’s decision.
8.3 To use the Portal, the User undertakes to provide a valid e-mail address and to be accessible via this e-mail for transaction-related communications.
8.4 The User agrees to conduct only legal transactions on the Portal, respecting all applicable laws and regulations.
8.5 The User is responsible for ensuring that their activities on the Portal do not infringe on the intellectual property or other rights of third parties.
8.6 Users must comply with all applicable laws and regulations, including but not limited to those governing consumer protection, competition, and the export and import of goods/services.
8.7 The User commits to behaving in accordance with good moral and ethical standards. The User agrees not to engage in actions such as harassment, discrimination, or the promotion of violence or explicit materials.
8.8 The User is responsible for ensuring that the items listed for sale on the Portal comply with all applicable laws and regulations. Certain items, such as drugs, weapons, counterfeit goods, and others as listed in the terms, are prohibited.
8.9 The User should ensure that descriptions and images of items are accurate and not misleading, refraining from including unrelated information or spam.
8.10 Sellers are responsible for ensuring that items are properly packaged for delivery and must assume responsibility for items that are damaged in transit.
8.11 The User acknowledges the responsibility for declaring and paying all applicable taxes, including VAT and income tax, on transactions conducted on the Portal.
8.12 Users are responsible for safeguarding their accounts and accept liability for actions taken on their account by third parties.
8.13 Users are solely responsible for resolving disputes and handling complaints related to the goods or services sold on the Portal.
8.14 Sellers must accept returns and provide refunds under certain conditions, such as when items significantly deviate from their descriptions or images, as detailed in clause 10.2.
9 Rights and Obligations of TerraHub
9.1 TerraHub Marketplace reserves the right, at its sole discretion, to restrict or revoke the User’s access to the Portal, including modifying the information published by the User on the Portal, halting sales, closing the User’s account, or preventing the User from re-registering if the User:
9.1.1 Violates these Terms and Conditions;
9.1.2 Provides information that is incorrect, misleading, or inaccurate during the Portal registration or usage;
9.1.3 Knowingly and deliberately disseminates false information, insults any other User, or acts maliciously on TerraHub Marketplace’s website;
9.1.4 Posts purchase or sales offers that violate these Terms and Conditions, ethical considerations, or applicable law;
9.1.5 Receives at least three complaints from other Users regarding their activity on the Portal.
9.2 TerraHub Marketplace may, at any time, monitor activities on the Portal, including scrutinising the purchase and sale offers made by Users.
9.3 The contents of the TerraHub Marketplace website, including all uploaded materials, are subject to copyright laws. Users, by uploading copyrighted materials such as product photos or sales ads, grant TerraHub Marketplace the exclusive rights to these materials. TerraHub Marketplace may exercise comprehensive control over these proprietary materials, including their reproduction, distribution, modification, incorporation into collections or databases, and public communication or any form of utilisation. TerraHub Marketplace also reserves the right to grant or deny permissions regarding the use of these materials.
10 Return and Claim of Goods
10.1 If a User has a complaint about the service of TerraHub Marketplace, they are encouraged to contact us at support@terrahubmarketplace. co.za. Users should provide their name and contact details and briefly describe the content of the complaint. TerraHub Marketplace will respond to the complaint as swiftly as possible, but no later than within five working days.
10.2 If the goods significantly deviate from the description given in the sales ad or the product photo, and the Buyer wishes to return the goods to the Seller, the following procedures should be followed:
10.2.1 The Buyer must notify the Seller of their wish to return the goods through the Portal within 48 hours of receiving the goods, and agree on the location and method of returning the goods. There is no right of return if South African law prohibits it for specific types of goods or services.
10.2.2 The return right is void if the Buyer has received the goods and confirmed their satisfaction on the Portal or if more than 48 hours have passed since receiving the goods.
10.2.3 The Buyer commits to returning the goods in their original condition.
10.2.4 The funds will remain with TerraHub Marketplace until the goods are returned to the Seller. The Buyer will bear the return costs unless the Seller agrees otherwise.
10.2.5 The Seller, upon receiving the returned goods from the Buyer, should click on the ‘Cancel order’ button on the Portal for the specific sales order. TerraHub Marketplace will then return the money to the Buyer’s TerraHub wallet.
10.2.6 After the order cancellation and the return of funds to the Buyer’s TerraHub wallet, the Buyer can use the money for future purchases on TerraHub or transfer it to a chosen bank account. The payout to the bank can be initiated by clicking on the ‘Payout to bank account’ button, and entering the necessary account details in the Settings section on the Portal. TerraHub Marketplace will transfer the funds within 1-3 working days once a payout has been initiated.
10.3 Upon agreement between the Buyer and Seller regarding the return, the Buyer must ship the item within 72 hours unless a different agreement is reached.
10.4 For unresolved disputes between the Buyer and the Seller, TerraHub Marketplace may assist in resolving the disputes as follows:
10.4.1 It is possible to seek assistance from TerraHub Marketplace 21 days after the submission of the purchase order at support@terrahubmarketplace. co.za.
10.4.2 TerraHub Marketplace may request additional information from both parties and utilize the Portal’s communication records between the Buyer and Seller, including message contents, to resolve disputes.
10.4.3 The Buyer and Seller are expected to cooperate actively, responding to TerraHub Marketplace inquiries within 48 hours. Non-cooperation or failure to respond within 48 hours allows TerraHub Marketplace to rule in favor of the cooperating party.
10.4.4 If a claim is filed, Sellers must substantiate the shipping of goods with relevant documents (e.g., waybills/proof of shipment) or any other verifiable means. Failure to prove shipment allows TerraHub Marketplace to settle the claim in favour of the other party.
10.4.5 If a claim is made regarding product conformity with the sales ad description, and no agreement is reached between the Buyer and Seller, TerraHub Marketplace will make a decision based on available information.
10.4.6 Various outcomes can result from the claim settlement process, contingent on the parties’ willingness to expedite a resolution. This could range from refunding the Buyer, releasing funds to the Seller, or holding funds until a mutual agreement is reached. In unresolved cases, Users may seek redress from regulatory bodies like the National Consumer Commission http://www.thencc.gov.za/, or resort to judicial avenues for dispute resolution.
10.4.6 Resolutions and Possible Outcomes in Claim Settlement:
10.4.6.1 If the claim is settled in favour of the Buyer, the funds will be returned to the Buyer’s TerraHub wallet immediately after the decision. The return of the goods to the Seller and the Seller’s confirmation of receipt at support@terrahubmarketplace. co.za are prerequisites for this decision.
10.4.6.2 If the claim is settled in favour of the Seller, the funds will be released to the Seller’s TerraHub wallet immediately following the decision, and the Buyer retains the claimed goods.
10.4.6.3 If the claim remains unresolved despite TerraHub Marketplace’s best efforts, the funds will remain with TerraHub Marketplace until both Buyer and Seller confirm a mutual agreement at support@terrahubmarketplace. co.za. If no agreement is reached and confirmed within 30 days, TerraHub Marketplace will decide on the disbursement or retention of the funds based on available information.
10.4.6.4 If no agreement can be reached through the aforementioned methods, Users have the right to seek intervention from the National Consumer Commission (http://www.thencc.gov.za/) for disputes involving professional or economic traders. For disputes involving private Sellers operating outside professional or economic spheres, Users may seek legal recourse through the courts.
10.5 Account Termination by TerraHub Marketplace:
10.5.1 TerraHub Marketplace reserves the right to terminate User accounts following dispute resolution if:
10.5.2 The User has not actively participated or cooperated fully in the resolution process or has not exhibited a willingness to facilitate claim resolution.
10.5.3 It is determined that the Seller confirmed shipment without actual dispatch of the goods to the Buyer.
10.5.4 The Buyer has failed to complete payment for purchased goods/services per the purchase agreement.
10.5.5 The User has submitted an unjustified claim against another User or has provided misleading or false information during the dispute resolution process.
10.5.6 Continuous or repeated complaints have been lodged concerning the Seller’s goods, or there are suspicions of persistent misrepresentation of goods or potential fraudulent activities by the User.
11 Processing Personal Data and Privacy Policy
11.1 TerraHub Marketplace collects personal data from the User as a result of the User’s activities on the Portal, such as data in the User’s profile, information provided during the sale of a product, and data accrued from all other activities executed on the Portal.
11.2 TerraHub Marketplace reserves the right to process data obtained from the User upon logging into the Portal. This includes data required during the use of the Portal or data collected regarding the User during other interactions within the Portal, in accordance with the purposes and extents specified in the Terms and Conditions.
11.3 Users grant permission to TerraHub Marketplace to process their personal data as outlined in the Terms and Conditions. Users have the right to revoke this consent at any time, request the termination of their personal data processing, and ask for the deletion or closure of their collected personal data and user account by contacting TerraHub Marketplace at support@terrahubmarketplace.co.za.
11.4 TerraHub Marketplace utilises User personal data to enhance, develop, and personalise the services offered on the Portal.
11.5 TerraHub Marketplace can use and share User personal data with selected third parties to ensure the quality and availability of TerraHub Marketplace services, and to augment, refine, and further develop the scope of services provided by TerraHub.
12 Amending the Terms and Conditions
12.1 TerraHub Marketplace reserves the right to unilaterally modify the Terms and Conditions at any time, reflecting the Portal’s development and service enhancements, ensuring improved and secure usability.
12.2 TerraHub Marketplace is committed to informing Users of any alterations to the Terms and Conditions by posting notices, messages, or emails on the Portal.
12.3 Modifications to the Terms and Conditions become effective following their announcement on the Portal, and Users will receive notifications regarding such changes.
12.4 By continuing the usage of the Portal after changes have been implemented, Users confirm their acceptance of the amended Terms and Conditions.
13 Final Provisions
13.1 The legal relationships between Users and TerraHub Marketplace, as a consequence of using the Portal, are regulated by the laws of South Africa.
13.2 Both Users and TerraHub Marketplace will aim to settle any disagreements resulting from the usage of the Portal through negotiations. If a consensus is unreachable, disputes will be resolved at the South African Small Claims Court or Local Magistrates Court, contingent on the case’s nature.
13.3 The Terms and Conditions are effective upon User acceptance and will persist for the duration of the legal relationships between Users and TerraHub Marketplace. Users can terminate these legal relationships at any time, provided that all preceding obligations to TerraHub Marketplace and other Users have been met.
13.4 Communications and information exchanges between Users and TerraHub Marketplace will primarily occur electronically at support@terrahubmarketplace.co.za.
