Terms of Service

1. Parties and Acceptance

These Terms of Service ("Terms") are entered into between Barberton Bidding Battles ("BBB", "we", "us", "our"), a platform operated from Barberton, Mpumalanga, Republic of South Africa, and any person ("User", "you", "your") who accesses or uses the BBB website, mobile interface, or related services (collectively, the "Platform").

By registering an account, placing a bid, listing an item, or otherwise using the Platform, you unconditionally accept these Terms, our Privacy Policy (POPIA Notice), Auction Rules, and Seller Policy in their entirety. If you do not agree, you must immediately cease using the Platform.

These Terms are governed by and compliant with the Consumer Protection Act 68 of 2008 (CPA), the Electronic Communications and Transactions Act 25 of 2002 (ECTA), the Protection of Personal Information Act 4 of 2013 (POPIA), the Second-Hand Goods Act 23 of 2009, and all other applicable South African legislation.

2. Eligibility and Registration

To use the Platform you must:

• Be 18 years of age or older (as required by section 18 of the CPA);
• Be a natural person with full legal capacity to enter contracts under South African law;
• Provide truthful, accurate, and complete registration information;
• Hold a valid South African bank account for seller payouts;
• Not be subject to any court order, sequestration, or curatorship that limits your legal capacity.

Accounts are strictly personal and non-transferable. One account per person. BBB reserves the right to verify identity at any time and to refuse or revoke registration without cause.

3. Identity Verification and Second-Hand Goods Act Compliance

BBB operates as a secondhand goods marketplace and is subject to the Second-Hand Goods Act 23 of 2009. Accordingly:

• All sellers are required to complete identity verification before listing any item;
• Sellers must provide a valid South African ID number or passport number, a selfie, and proof of address;
• BBB maintains records of all transactions, items, and parties as required by law and will disclose these to the South African Police Service (SAPS) upon lawful request;
• BBB may share seller and listing information with SAPS or relevant authorities if there is a reasonable suspicion that goods are stolen, counterfeit, or otherwise unlawfully possessed;
• Failure to complete verification will result in suspension of listing privileges.

4. Anti-Money Laundering and Financial Intelligence (FICA)

BBB is committed to compliance with the Financial Intelligence Centre Act 38 of 2001 (FICA) and the Prevention of Organised Crime Act 121 of 1998 (POCA). By using the Platform:

• You confirm that all funds used on the Platform are from lawful sources;
• You confirm that you are not acting on behalf of an undisclosed third party;
• You consent to BBB collecting and verifying your identity information for anti-money laundering (AML) purposes;
• BBB may freeze funds, suspend accounts, and report suspicious transactions to the Financial Intelligence Centre (FIC) without prior notice to the affected User;
• Engaging in any form of bid rigging, price fixing, or collusion (prohibited under the Competition Act 89 of 1998) will result in immediate permanent suspension and referral to the Competition Commission.

5. Prohibited Items and Activities

The following may not be listed, offered, or transacted on BBB under any circumstances:

• Stolen, misappropriated, or unlawfully obtained goods;
• Counterfeit, replica, or trademark-infringing items;
• Firearms, ammunition, or weapons without proof of lawful licensing under the Firearms Control Act 60 of 2000;
• Narcotics, controlled substances, or prescription medication;
• Live animals or any item prohibited under the Animals Protection Act or CITES;
• Pornographic, obscene, or age-restricted content;
• Items whose listing or sale constitutes a criminal offence under any South African law;
• Fraudulent, misleading, or materially misrepresented goods;
• Food or health products without relevant SAHPRA or DALRRD registration where required;
• Currency, financial instruments, or crypto assets.

BBB reserves the right to remove any listing without prior notice and without liability. Listings that are removed will not receive a refund of any fees paid. BBB will report suspected criminal activity to SAPS without notification to the User.

6. Seller Obligations and Warranties

By listing an item on BBB, sellers irrevocably warrant and represent that:

• They are the sole lawful owner of the item, or are duly authorised to sell it;
• The item is free of any lien, encumbrance, or third-party claim;
• All material defects, faults, damage, and limitations have been fully and accurately disclosed in the listing;
• All photographs and descriptions are accurate and not misleading;
• The item complies with all applicable safety standards and regulations;
• Serial numbers, IMEI numbers, and identifying marks have not been altered or removed;
• The item will be available for collection at the stated location and times.

Sellers who breach these warranties are subject to immediate suspension, permanent ban, forfeiture of any held funds, and may be held liable to the buyer and to BBB for all resulting losses, including legal costs on an attorney-and-own-client scale.

Sellers acknowledge that BBB is not a party to the sale agreement but a platform facilitator. The sale agreement is concluded directly between the buyer and seller. Accordingly, the seller bears full legal responsibility for the item sold, including any product liability claims under section 61 of the CPA.

7. Auctions and Bidding

Binding bids: All bids placed on BBB are final and legally binding offers to purchase. By placing a bid, you agree to pay the full bid amount plus any applicable fees if you are the winning bidder.

Note on the CPA and auctions: Section 45 of the CPA governs auctions. BBB auctions are conducted under these provisions. The right of withdrawal (cooling-off period under section 16 of ECTA and section 44 of ECTA) does not apply to goods purchased at a public auction where buyers have the opportunity to inspect goods.

Buy Now: A "Buy Now" purchase constitutes an immediate binding sale agreement. The buyer is obligated to complete payment within the timeframe presented.

Non-payment: Failure to complete payment after winning an auction or accepting a Buy Now price constitutes a breach of contract. BBB reserves the right to pursue the buyer for the full amount owed, plus damages, interest at the prescribed rate under the Prescribed Rate of Interest Act 55 of 1975, and legal costs.

Strike system: Three strikes (non-payment or non-collection) will result in permanent account termination. BBB may share this information with other platforms.

8. Payments, Escrow, and Platform Fees

All payments are processed via PayFast, a registered South African payment service provider. By using the payment service, you are also bound by PayFast's terms and conditions.

Escrow: Buyer funds are held in escrow and only released to the seller once both the seller has submitted the collection code and the buyer has confirmed receipt of the item. If a buyer fails to confirm within the deadline, funds will be released to the seller automatically.

Platform fee: BBB charges a 9% success fee deducted from the seller payout. This fee is inclusive of any VAT obligations on the fee itself. The platform fee is non-refundable once a sale is completed. No fee is charged to buyers.

Tax obligations: Sellers are solely responsible for declaring income received through BBB to the South African Revenue Service (SARS) and for any VAT registration obligations where applicable. BBB does not collect or remit income tax on behalf of sellers.

Refunds: Refunds are only issued in cases where a seller fails to make the item available for collection, or where BBB administration determines the item was materially misrepresented. Refund processing times depend on the payment gateway and may take 3–10 business days.

9. Collection, Delivery, and Risk of Loss

BBB is a collection-only marketplace. All items must be collected in person at the location specified in the listing. BBB does not arrange, guarantee, or insure delivery.

Risk of loss and ownership of an item passes to the buyer at the moment of physical handover, confirmed by the collection code exchange. Until handover, risk remains with the seller. After confirmed handover, BBB bears no responsibility for any loss, damage, or dispute regarding the item's condition.

Buyers must collect within the specified collection deadline. Failure to collect within the deadline may result in forfeiture of the purchase amount at BBB's discretion.

10. Disputes and Resolution

Disputes must be submitted through the Platform's dispute function within 24 hours of collection or the scheduled collection deadline, whichever is earlier. Disputes submitted after this period will not be considered.

BBB administration will review all supporting evidence submitted by both parties and issue a decision within a reasonable time. BBB's decision is final and binding at the platform level. Funds will be held in escrow during the dispute period.

BBB's internal dispute resolution does not affect either party's rights to pursue remedies through:

• The National Consumer Commission (NCC) under the CPA;
• The Consumer Goods and Services Ombud (CGSO);
• The Small Claims Court for amounts up to R20,000;
• Any court of competent jurisdiction in South Africa.

Both parties agree to attempt good-faith resolution through BBB's process before pursuing external legal remedies.

11. Consumer Protection Act Rights

Nothing in these Terms limits, excludes, or waives any rights afforded to consumers under the Consumer Protection Act 68 of 2008. Specifically:

• Right to fair value (s54): Consumers are entitled to goods that are reasonably suitable for their intended purpose;
• Implied warranty of quality (s55–56): Sellers provide an implied warranty that goods are free of defects not disclosed at time of sale. Buyers may return defective goods within 6 months for repair, replacement, or refund (subject to inspection);
• Product liability (s61): Sellers, and where applicable BBB as distributor, may be held liable for harm caused by defective goods;
• Right to information (s22–26): All material information about an item must be disclosed clearly and in plain language;
• Protection against unconscionable conduct (s40–41): BBB prohibits any false, misleading, or deceptive conduct on the Platform.

12. ECTA Compliance and Electronic Transactions

In terms of section 43 of the Electronic Communications and Transactions Act 25 of 2002, BBB discloses the following:

• Full name: Barberton Bidding Battles;
• Physical address: Barberton, Mpumalanga, South Africa;
• Email: legal@barbertonbidding.co.za;
• Website: barberton-bidding-battles.vercel.app;
• The Platform is subject to South African law.

By clicking "Place Bid", "Buy Now", "List Item", or similar confirmation actions, you conclude a binding electronic agreement in terms of section 22 of ECTA. These electronic records constitute written agreements for all legal purposes.

Spam: BBB complies with the anti-spam provisions of Chapter XI of ECTA. Transactional and service communications are sent without requiring opt-in. Marketing communications require consent and include an unsubscribe option.

13. Privacy and Personal Information (POPIA)

BBB processes personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). Full details are set out in our Privacy Policy. In summary:

• We collect only the information necessary to operate the Platform and comply with legal obligations;
• Your information is not sold to third parties;
• You have the right to access, correct, and request deletion of your personal information;
• We retain records as required by the Second-Hand Goods Act and FICA, even after account closure;
• Data breaches will be reported to the Information Regulator as required by POPIA;
• Complaints regarding information processing may be directed to the Information Regulator at inforeg@justice.gov.za.

14. Intellectual Property

All content on the Platform — including the BBB name, logo, design, software, text, and graphics — is the intellectual property of Barberton Bidding Battles and is protected under the Copyright Act 98 of 1978 and the Trade Marks Act 194 of 1993.

By submitting photos and descriptions to the Platform, you grant BBB a non-exclusive, royalty-free, worldwide licence to use, display, and promote that content for the purpose of operating the Platform.

You may not copy, scrape, reproduce, or redistribute any Platform content without prior written consent from BBB.

15. Prohibited Conduct and Cybercrimes

You may not:

• Access or attempt to access accounts, systems, or data that do not belong to you — a criminal offence under the Cybercrimes Act 19 of 2020;
• Use automated bots, scripts, or scrapers on the Platform;
• Interfere with, damage, or disrupt the Platform's infrastructure;
• Attempt to manipulate auction outcomes through shill bidding, bid withdrawal, or other deceptive practices;
• Impersonate any person or entity;
• Solicit transactions outside the Platform to avoid fees or protections;
• Transmit malware, viruses, or harmful code;
• Engage in harassment, threats, or abusive conduct toward other users or BBB staff.

Violations will result in immediate suspension, permanent ban, reporting to SAPS under the Cybercrimes Act, and civil claims for damages.

16. Platform Availability and Changes

BBB provides the Platform on an "as is" and "as available" basis. We do not guarantee uninterrupted access and may suspend or modify the Platform at any time for maintenance, security, or any other reason without prior notice or liability.

BBB reserves the right to amend these Terms at any time. Material changes will be communicated via the Platform or by email. Continued use of the Platform after the effective date of any change constitutes acceptance of the revised Terms.

17. Limitation of Liability and Indemnity

To the fullest extent permitted by South African law:

• BBB is a marketplace facilitator and is not a party to any transaction between buyers and sellers;
• BBB is not liable for the quality, safety, legality, or fitness for purpose of any item listed or sold;
• BBB is not liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Platform;
• BBB's total aggregate liability for any claim arising from these Terms or Platform use is limited to the fees paid by you to BBB in the 3 months preceding the event giving rise to the claim;
• BBB is not liable for losses arising from Force Majeure events including load shedding, natural disasters, civil unrest, acts of God, government actions, or internet outages.

You agree to indemnify and hold harmless BBB, its officers, employees, and agents from any claim, loss, damage, liability, or expense (including legal costs) arising from your breach of these Terms, your listings, your bids, your transactions, or your conduct on the Platform.

18. Account Suspension and Termination

BBB may suspend or permanently terminate your account at any time, without notice, for:

• Breach of any provision of these Terms;
• Suspected fraud, misrepresentation, or criminal activity;
• Failure to verify identity when requested;
• Accumulation of three or more strikes;
• Any conduct detrimental to the BBB community or Platform;
• A request by law enforcement or a court order.

On termination, any outstanding funds held in escrow will be dealt with according to the outcome of any pending disputes or legal proceedings. BBB reserves the right to retain records as required by law even after account closure.

You may close your account at any time by contacting us, subject to resolution of any outstanding bids, transactions, or disputes.

19. Governing Law and Jurisdiction

These Terms are governed exclusively by the laws of the Republic of South Africa. Any dispute arising from or in connection with these Terms shall be subject to the jurisdiction of the courts of South Africa, specifically the Mpumalanga Division where applicable.

You consent to service of legal process by email to the address registered on your account, in addition to any other manner permitted by law.

Nothing in this clause prevents BBB from seeking urgent interim or final relief from any competent court.

20. General Provisions

Entire agreement: These Terms, together with the Privacy Policy, Auction Rules, and Seller Policy, constitute the entire agreement between you and BBB and supersede all prior communications.

Severability: If any provision is found to be unlawful, void, or unenforceable, it will be severed and the remaining provisions will continue in full force.

No waiver: BBB's failure to enforce any right or provision does not constitute a waiver of that right.

Assignment: BBB may assign its rights and obligations under these Terms to any successor entity. You may not assign your rights without BBB's written consent.

Language: These Terms are written in English. In the event of any conflict arising from a translation, the English version prevails.