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  • LEgal




Terms and Conditions

Terms & Conditions | Privacy Policy | Refund Policy



Welcome to Hiberce ("the Company”)


1.1 TERMS & CONDITIONS.

Business name: Hiberce (Pty) Ltd, a private company registered in South Africa with registration number 2016/363417/07

Main business:  e-commerce marketplace

Official email address:  info@hiberce.com for receipt of legal service (marked for attention: CEO and Legal)

Physical address:  The Pavilion, Corner Portswood and Dock Rd, V & A Waterfront, Cape Town, 8001

Phone Number:  021 140 3556


1.1.1 The Company’s Website is an Ecommerce marketplace which allows sellers to list their products. Upon listing the services, sellers are able to market their and products (as the case may be) to their target audiences and manage their business.

1.1.2 By accessing or using the Website and/or any of the listing services provided to you by the Company ("the Services”), you agree to all the terms and conditions and disclaimer set out herein.

1.1.3 If you are using the Website and/or the Services on behalf of a Company or other entity, then "Customer”, "you” and/or "Client” means that entity, and you are binding that entity to all terms and conditions and disclaimer set out herein.

1.1.4 You represent and warrant that you have the legal power and authority to enter into and agree to the terms and conditions and disclaimer herein, if the Customer is an entity, the agreed terms and conditions and disclaimer is entered into by an employee or agent with all necessary authority to bind that entity to all the terms and conditions and disclaimers set out herein below.

1.1.5 You may only use the Website and/or the Services pursuant to the Terms and Conditions and Disclaimer set out herein below and you warrant that you have the power to enter into this binding agreement with the Company and not in any event barred under any applicable laws from doing so. If the terms and conditions and disclaimers set out herein is not agreeable to you and you wish not to be bound by these terms, you must not use the Website and/or the Services.


IN THIS AGREEMENT:

i) "Buyer" means a user that purchases products, services, events, and getaways from sellers through the website.

ii) "Seller" means a user that offers and provides services or identifies as a seller through the website.

iii) "User", "you" or "your" means an individual who visits or uses the website. A user may be both a buyer and a seller under this agreement.

iv) "Seller products", "Seller services", "Seller events", "Seller getaways", means all services provided by us to you.

v) "Account" means the account associated with your email address.

vi) “Hiberce”, “We”, “Our”, “The Company”, means Hiberce (Pty) Ltd. with registration number 2016/363417/07

vii) "Website" means the websites operated by Hiberce and available at URL: hiberce.com and any of its regional or other domains or properties, and any related Hiberce service, tool or applications.

viii) “Copyright” means the intellectual property of Hiberce.

ix) “Exchange” means a return of a product to be replaced.

x) “Refund” means to reimburse or repay for a product purchased.

xi) “Cancellation” means to reimburse or repay for a service, event or getaway purchased.

xii) “Date change” means to change the date of a service, event or getaway purchased.

xiii) “Chargeback” means a challenge to a payment that a user files with PayPal or their financial institution, and reversal instruction.

xiv) “Dispute” means to raise a complaint of a purchase with the purpose to get an exchange.

xv) “Claim” means a dispute that was unresolved with a seller or buyer was escalated to Hiberce.


1.2 TERMS OF SERVICE

1.2.1 GENERAL

- The terms and conditions herein (together with any other terms and conditions agreed in writing between the Company and you from time to time) constitute the entire agreement between the parties and supersede any previous agreement(s) or understanding(s) and may not be varied except with notice from the Company.

- No failure or delay by the Company in exercising any of its rights herein shall be deemed to be a waiver of that right, and no waiver by the Company of any breach of the terms and conditions herein by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.


1.2.2 PRIVACY


- Your use of the Website is subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices.

- By using the Services, you may be required to access third party websites which includes, inter alia, Paypal, third party sellers and/or couriers ("the Third Party”). You are reminded that the Third Party may have access to your personal information and you are advised to visit their website to observe their regulations and provisions regarding their use of your private information. In no event shall the Company be responsible or held liable for third party usage of your personal information.


1.2.2 YOUR ACCOUNT


- In order to use the Services, you will be required to register an account with the Company. By registering with the Company an account, you warrant that all information you provide are true, accurate and complete. You also warrant that all information provided and or to be provided from time to time by self-service mechanism will be true and accurate and kept updated.

- If you use the Services and/or the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity.

- You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your account.

- The Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. In the event of any dispute as to the ownership of the account, the Company may request that you provide verifying documents, including but not limited to your business license, government issued ID and/or the last four digits to the authorised credit card on record. Upon providing such information, the Company will use the personal information to verify that the rightful owner to the account. The determination of the ownership will remain at the discretion of the Company and such determination shall be final.

- In the event that you would like to remove your account with the Company, you are hereby advised to send us an email at support@hiberce.com with your request stated therein. Upon receiving your request, we will process the same as soon as practicable. The removal of your account/profile with the Company will take effect upon the Company providing you with confirmation of the same.


1.2.3 ELECTRONIC COMMUNICATIONS


- Visiting the Website, using the Services, and/or signing up for an account, subscribing to the Company and/or sending emails to the Company constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices disclosures and other communications that we provide to you electronically via email and/or on the Website satisfy the legal requirement that such communications be in writing.

- The Company does not knowingly collect either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Website only with permission of a parent or guardian.


1.2.4 PROPRIETARY RIGHTS


- Unless otherwise specified, the Company owns and reserve all right, title and interest in the Services and any contents posted/displayed as a result of using the Services.

- No title to or ownership of any proprietary rights related to the Services is transferred to you pursuant to these Terms.

- All rights not explicitly granted to you are reserved by the Company.


1.2.5 LIABILITY, EXCLUSION AND LIMITATIONS


- The Company warrants to the Client that it shall use all of its reasonable endeavours to provide the Services using reasonable care and skill and as far as reasonably possible.

- The Company will not exclude or limit liability for its negligence or negligent omission which causes personal injury or death.

- The Company and its employees, officers, directors, agents, merchants, partners, third-party content providers and/or licensors, or any of their officers, directors, employees, or agents shall not be liable for any loss, cost, expense or damage of any nature whatsoever (whether direct or indirect) resulting from the use of the Services except where it is expressly determined that a person acting under the direct instruction of the Company has knowingly acted in a negligent manner.

- The Company shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by the Client which are incomplete, incorrect or inaccurate or any other fault of the Client.

- The Company shall not be liable or be deemed to be in breach of the terms and conditions herein by reason of any delay in performing, or any failure, any of the Company’s obligations in relation to the Services, if the delay or failure was due to any cause beyond the Company’s reasonable control.

- Subject to the provisions of the terms and conditions contained herein, the maximum liability of the Company to the Client for breach of any of its obligations hereunder shall be limited to the value / price of the respective listings.

- The Company reserves the right to sell any products, services, events or getaways.


1.2.6 DISCLOSURE OF INFORMATION


- All information received by the Company in relation to the Client shall remain confidential and, except as maybe required by law, the Company shall not, without the Client’s prior written consent, disclose or divulge to any third party any information of any nature whatsoever in relation to the Client.

- All private information shall be governed by the Privacy Policy on the Website.

- Unless the Company receives notice from the Client to the contrary, the Company shall from time to time provide to the Client (by post, telephone or email) such information in relation to the Services that the Company considers may be of interest to the Client.


1.2.7 SUBSCRIPTION TO PERSONALIZED EMAIL


- By entering your email and/or subscribing to receive email from the Company, you agree and consent to receiving personalized email from the Company to you.

- In the event that you would wish to opt out of the receiving personalized emails from the Company, please contact us at support@hiberce.com


1.2.8 AMENDMENTS


- The Company may update or modify the terms and conditions herein from time to time. If the Company modifies the terms and conditions herein during the Services, the modified version will take effect upon the next listing / Service.

- The Client may be required to check the update version from time to time after the modified version takes effect, in any event the continued use of the Services shall constitute acceptance of the modified version.

- Unless otherwise specified, the Company shall not be liable or held responsible in respect of any consequential effects to the modification(s).


1.2.9 REPORTING


- During the use of the Services, the Client shall be responsible for reporting any and all issues the Client experiences to the Company as soon as practicable.

- Upon such reporting, the Company will take necessary measures to rectify such problems and/or issues.

- The Company shall not be responsible and held liable for any delays whatsoever as a result of rectifying any problems and/or issues.


1.2.10 BACK UP OF INFORMATION


- It is the responsibly of the Client to maintain and keep safe, without limitations, all records and information in respect of, inter alia, the transactions and in no event shall the Company be held responsible and liable to the Client for any information or records that are found lost or missing.


1.2.11 SCREENING OF LISTINGS


- The Company shall not have the obligation and will not be held responsible for any failure of assuring the contents to all the listing of the Website to be accurate. All listings provided on the Website are for information only and the Company shall not be held liable for, without limitations, any false and/or misleading information on the Website.

- All listing shall be used by the Client at his/her own risk.

- The Company reserves its right to remove any listing at its absolute discretion and without prior notice to you.

- You are independently responsible for complying with all applicable laws in all of your actions related to your use of Hiberce and PayPal's services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy (this word must have a hyperlink https://www.paypal.com/en/webapps/mpp/ua/acceptabl...)


1.2.12 THIRD PARTY SUPPLIERS AND SERVICES


- The Company may engage third party suppliers on your behalf for the purpose of providing you with the Services. All terms and conditions of the Third Party Supplier will be binding on the Client.

- By engaging in the Services, you authorise the Company and its authorised staff, employees, agents and entities duly authorised by the Company to engage Third Party Suppliers on the Client’s behalf and all action(s), contracts entered into between the Company and Third Party Suppliers are deemed duly authorised by the Client. All contract are made on the Client’s behalf and in no way will render and/or constitute and attract personal liability whatsoever on the Company.

- The Client will be liable for any payment(s) or monies due and payable to the Third Party Supplier and will be paid in accordance with the contract the Company signs and accepts on the Client’s behalf with the Third Party Supplier.

- The Company will in its best endeavour provide and seek your authorisation and review of any payments and services from the Third Party Supplier. The Company will use its utmost reasonable efforts to select the Third Party Supplier for the purpose of performing the Services.

- The Company does not in any way whatsoever warrant the services and goods of the Third Party Supplier.

- In accordance with the Company’s Privacy Policy, the Client accepts that personal information may need to be shared with the Third Party Supplier for the purpose of executing and performing the Services.

- The Company will not be liable for any disputes arising out of and in connection and including but not limited to any agreement(s) made between you and the Third Party Supplier(s) and you hereby agree to indemnify and release the Company and its authorised employee, staffs, agents and/or other entities duly authorised by the Company from any liability whatsoever in respect of any claim(s), disputes or action arising out of or in connection to you and the Third Party Supplier.

- In the event that the Client wishes to file a complaint against the Third Party Supplier, such complaints should be made directly to the Third Party Supplier.


1.2.13 TERMINATION AND REFUNDS


- After the Parties have entered into the Agreement, refunds may only be requested, subject to the final discretion of the Company when performance by the Company has not begun.

- Any refunds made by the Company will be with reduction of the direct costs including any handling costs.

- Without prejudice to any other rights and remedies available, the Company shall have the right to terminate the Agreement for the provision of all or any of the Services upon written notice if the Client commits a serious breach of the terms and conditions contained herein. The Company reserves the right to claim against the Client including but not limited to losses and damages as a result of the termination by the Client.

- On termination for any reason whatsoever, the Client shall immediately make payment to the Company of all and any sums outstanding and owing to the Company.


1.2.14 COPYRIGHT


- Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including but not limited to the information on the Website and files downloadable from this Website.

- Without the approval of the owner, you are not permitted to download, copy, redistribute, re-transmission, publication or commercial exploitation of all of the information and content displayed or portrayed on the Website.

- You are hereby advised that if you are in violation of the restrictions specified you may be subject to the relevant civil and/or criminal penalties applicable in your jurisdiction.


1.2.15 SEVERABILITY


- If any provision of this Agreement is found by any Court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement may otherwise remain in effect.


1.2.16 FORCE MAJEURE


- Neither Party will be liable for any delay or failure to perform its obligations under the Agreement (except payment obligations) if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or services, or government act.


1.2.17 SUBPOENAS


- Nothing in the Agreement prevents the Company from disclosing the Client’s information and data to the extent required by law, subpoenas, or court orders, but The Company will use commercially reasonable efforts to notify Client where permitted to do so.


1.2.18 ASSIGNMENT


- The Agreement will bind and inure to the benefit of each Party’s permitted successors and assigns. Neither Party may assign the agreed terms and conditions herein without the advance written consent of the other party, except that the Company may assign the agreed terms and conditions herein without consent to an affiliate or in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of its assets or voting securities.


1.2.19 ENTIRE AGREEMENT


- All terms and conditions agreed herein represents the parties’ complete and exclusive understanding relating to the agreed terms’ subject matter. It supersedes all prior or contemporaneous oral communications, proposals and representations with respect to the Company or any other subject matter covered by this


1.2.20 INCORPORATION


- The Agreement, shall unless otherwise suggested, incorporate all terms and conditions contained and set out in the Privacy Policy [hiberce.com/privacy-policy] and other written documents deemed appropriate by the Company.


1.2.21 GOVERNING LAW, JURISDICTION AND VENUE


- This Agreement is governed by the laws of South Africa without regard to choice or conflict of law rules thereof.

- Only sellers that operate inside the borders of South Africa are allowed to list.


1.2.22 CONTACT US


- The Company welcomes your questions or comments regarding the foregoing Terms via: www.support@hiberce.com



1.3 DISCLAIMER


1.3.1 GENERAL


- Hiberce ("the Company”) is located at www.hiberce.com ("the Website”).


1.3.2 CONTENTS ON THE WEBSITE


- All information contained, posted and/or displayed on the Website is for information purposes only and is not and should not be in any way construed or interpreted as a substitute for advice.

- The Company is not and will not be liable, either expressly or in an implied manner, for any problems whatsoever that may and/or could occur from any of the information on the Website.


1.3.3 DISCLAIMER OF WARRANTIES


- You agree that use of the Website is at your sole risk. All information and content are provided on an "as is" and "as available" basis.

- The Company, its affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, correctness, non-infringement, merchantability, or fitness for a particular purpose of the information, materials and/or content available through the Website.

- The Company does not guarantee the Website to be error-free, secure, continuously available or free of viruses or other harmful components.

- You also agree that if you rely on any data or information obtained through the website, you do so at your own risk. You are solely responsible for any damage or loss that results from your use of any material and/or data.

- The Company and the contents and/or information on the Website are provided with the understanding that neither the Company nor its users, while such users are participating in the sites, are engaged in rendering legal, medical, counselling or other professional services or advice. The contents and/or information on the website are not substitute for professional services or advice.

- The Company, its affiliates, agents, and licensors make no warranty regarding any goods or services referred to, advertised on, or obtained through our sites, other than those express warranties the Company itself specifically makes.


1.3.4 LIMITATION OF LIABILITY


- Under no circumstances will the Company or its affiliates, agents or licensors be liable to you or anyone else for including but not limited to any loss and/or damages arising out of your use of any of the Website, including, without limitation, liability for consequential, special, incidental, indirect, or similar damages, even if we are advised beforehand of the possibility of such damages.


1.3.5 THIRD PARTY LIABILITY


- By using the Website, you agree and consent that any loss and/or damages arising out of or in connection to, without limitation to the negligence, fault, mistake, misrepresentation and/or fraud of the third parties and/or any services provided to you by any third parties is the responsibility and liability of the individual and/or group of third parties, and you hereby agree that you will only claim against and seek relief against the third parties and the Company will be free of any liability/responsibility whatsoever.


1.3.6 INDEMNIFICATION


- In the event that the Company becomes a party to the third party proceedings, you agree to indemnify, defend and hold harmless, without limitations, the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of without limitations, the negligence, fault, mistake, misrepresentation and/or fraud of any services provided to you by any third parties.



1.4 TERMS OF SALE

1.4.1 SERVICE LEVEL AGREEMENT (SLA)

- All sellers understand and acknowledge to adhere to the following:


• Deliver the product, service, event or getaway purchased from a buyer as specified on the date of purchase;

• Images must be a true reflection of the actual offering and must meet the qulity standards;

• Keep product stock levels up to date to ensure a true reflection of the actual stock;

• Keep services, events and getaways availability levels up to date to ensure a true reflection of the actual availability;

• Listing information must always contain the latest information and be a true reflection of the product, service, event or getaway;

• Have products ready for collection from any time on wards since the order was placed.

• To act truthfully and honorably;

• Assist buyers within 2 working days from the day an inquiry was raised for an order;

• Resolve disputes in the most professional manner;

• Products that are eligible for exchange must be delivered within 3 - 5 working days from the date the returned package was received;

• Disclaimers and agreements with buyers for any product, services, events, and getaways remains the seller’s responsibility;

• Not to ship items that does not meet the shipping requirements specified by any of Hiberces' couriers partner requirements;

- Items may not exceed 25 kg. If items exceeds 25 kg the seller will be responsible for to ship items free of charge within the borders of South Africa.


- Failure to adhere to the SLA will result in account suspension or cancellation and you may be held responsible for any direct losses incurred.



1.4.2 TAXES

- All sellers are responsible to adhere to tax regulations by South Africa. Taxes are charged as specified by sellers.



1.4.3 FEES

- Hiberce charges sellers a monthly listing fee, commission and transaction fee dependent on the seller package selected. To view listing packages go to https://www.hiberce.com/become-a-seller/

- Hiberce seller fees may increase due to third party increases or yearly increases and can be changed any time during the period.



1.4.4 OVERDUE ACCOUNTS

- Sellers will only be required to pay once the first sale is made. Account will go in arrears and money will be deducted from the first sale.

- Overdue seller accounts will be suspended automatically if the account is not kept up to date.

- Additional charges may be charged if the Terms of sale was not adhered to, and must be paid within 5 days to avoid the account to be suspended.




1.4.5 SELLING PRODUCT TERMS



- Sellers are independently responsible for complying with all applicable laws in all of your actions related to your use of PayPal's services, regardless of the purpose of the use. You must adhere to the terms of this Acceptable Use Policy https://www.paypal.com/en/webapps/mpp/ua/acceptableuse-full. Failure to do so will result in account suspension or cancellation and you may be held responsible for any direct losses incurred.


- Please send contact information and a brief business summary to support@hiberce.com for pre-approval to accept payments for certain services as detailed in the chart https://www.paypal.com/en/webapps/mpp/ua/acceptableuse-full.




1.4.6 SHIPPING GUIDELINES

- The Company reserves the right to refuse shipping of items that does not adhere to the guidelines specified by all courier providers (Dawn wing, BEX express, Fastway couriers.)

Prohibited items:

  • Any items under pressure
  • Any currency, credit cards, gold, silver, diamonds, gems, etc
  • Any food, supplement, drug or cosmetic that has been issued a Consumer Safety Advisory Warning
  • Perishable products of any kind
  • Lab reagents, biologics, cultures, medical specimens
  • Poisonous substances
  • Toxic substances, including inhalation hazards
  • Infectious substances
  • High risk items exceeding the value of R 20,000.
  • Explosives, fireworks, gun powder, flares or matches
  • Gasoline, diesel or other fuels
  • Lighters containing fuel
  • Meals Ready to Eat (MRE)
  • Pesticides, herbicides, fungicides
  • Radioactive elements or products
  • Self-balancing boards (hoverboards)
  • Oxidizing agents
  • Fire extinguishers
  • Firearms, guns & accessories, including replicas
  • Ammunition, magazines & bayonets
  • Tear gas, mace & pepper spray
  • Self-propelled vehicles
  • Damaged batteries
  • Counterfeit products
  • Contraband or illegal substances
  • Live or dead animals or insects
  • Human remains
  • Items containing animal products controlled under the Endangered Species Act, Marine Mammal Protection Act, or requiring a permit
  • Any unidentifiable material, substance or chemical


Containers

Neither point-of-sale containers nor pallet-sized boxes, also known as “gaylords,” may be used. Boxes should not be bundled together using
bagging, taping, elastic, or extra straps. If you are reusing boxes from previous shipments, be sure to remove any previous shipping labels or
markings to avoid confusion by the carrier. The following standard boxes are acceptable:
• Regular slotted carton (RSC)
• B flute
• ECT-32 (edge crush test)
• 200 lb./sq inch (burst strength)
Dunnage
Accepted forms of packing materials include:
• Foam
• Air pillows
• Full sheets of paper
• Bubble wrap

The following forms of packaging materials are not allowed:
• Styrofoam peanuts
• Biodegradable packing peanuts
• Cornstarch packing peanuts
• Crinkle wrap
• Shredded paper


Box Dimensions

• Boxes containing multiple units must not exceed 65cm on any side. Single items may be larger.

• A box is considered oversized if its dimensions are greater than 45 cm on its longest side, 35 cm on its median side, or 20 cm. Box Contents

• The contents of each box must contain inventory from only one Shipment ID. You must not combine Units from multiple shipments in the same box.

• Ensure that the shipment details listed in your account match the physical shipment to the fulfilment center, including:

• Barcode • SKU • Quantity Page: 9 Warehouse requirements document


Box Weight

• Boxes must not exceed the standard weight limit of 25 kg’s, unless they contain one Oversize Unit.

• For a single Oversize Unit that exceeds 25 kg’s, attach a label that clearly indicates “Team Lift” on the top and sides of the box.

• Any items over 50kg may not be shipped through our facility. • Boxes containing Jewelry or Watches must not exceed 20 kg’s.


- Failure to comply to rules and regulations specified will result in account suspension or cancellation and you may be held responsible for any additional costs, damages or losses incurred.


1.4.6 WAREHOUSING

- All products ship to the warehouse must be shipped to 49 Galaxy Avenue, Linbro Office Park, Gauteng. and delivered between Monday and Friday from 9 AM until 4 PM. Any deliveries later can be refused.

- Products stored at our warehouse are insured for theft and damage that might occur internally. Internally refers to any damaged caused directly to the products due to negligence by staff that work in the warehouse.

- Any acts of God, such as floods, fires etc. and major external theft, is excluded and not insured and will need to be insured by the seller.

- Additional costs may be charged for storage and delivery if products are not delivered as specified in clause 1.4 of this agreement.

- All items sent to Hiberce must be received in the original packaging.

- Only professional carriers are allowed to make delivery appointments to fulfilment centers. Hiberce does not allow general public deliveries.

- All parcels delivered must be addressed to Hiberce.

- Shipments that are coded as “Damaged” or “Defective” may be refused at the dock and may incur a return freight charge.

• You may not refuse or return shipments that are returned to you without first contacting Hiberce.

- All items shipped to Hiberce must have insurance. Hiberce will not be held for accountable for any costs incurred due to damaged items received.

Effective as of 2019/01/01