VulaMart Seller Terms & Conditions

By applying for a seller account, listing any Seller Items, or otherwise using the Platform as a seller, you agree to be bound by these Seller Terms, the Conditions of Use, Privacy Notice, Shipping & Returns Policy, and any other policies published on the Platform from time to time (collectively, the “VulaMart Policies”).

If you do not agree to these Seller Terms, you must not register as a seller or list any Seller Items on the Platform.

1.1 These Seller Terms are intended to comply with applicable laws of the Republic of South Africa, including, where applicable:

• The Consumer Protection Act 68 of 2008 (“CPA”), which promotes fair, accessible and sustainable marketplace standards and consumer rights. (Government of South Africa)
• The Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), which regulates certain aspects of electronic transactions and online contracting. (Government of South Africa)
• The Protection of Personal Information Act 4 of 2013 (“POPIA”), which sets conditions for lawful processing of personal information. (Government of South Africa)

1.2 To the extent any provision of these Seller Terms is inconsistent with any non-excludable statutory rights or obligations under South African law, such statutory rights or obligations will prevail.

1.3 These Seller Terms apply in addition to any separate agreement you may have with a buyer, but you may not contract out of or undermine consumer rights granted under the CPA where applicable.

Unless the context indicates otherwise:

• Buyer means any user of the Platform who purchases or intends to purchase Seller Items.
• Seller, you or your means any person or entity registered and approved by VulaMart to list and sell Seller Items on the Platform.
• Seller Account means your registered account on the Platform enabling you to list and manage Seller Items.
• Seller Items means any goods, digital products, services, property listings or other items you list on the Platform, including but not limited to: marketplace items, property, motors, services, digital products and jobs, as enabled by VulaMart. (vulamart.co.za)
• Order means any purchase placed by a Buyer for Seller Items via the Platform.
• Transaction Fees mean any commissions, listing fees, subscription charges or other fees payable to VulaMart as per the applicable fee schedule.
• Business Day means any day other than a Saturday, Sunday or public holiday in South Africa.

3.1 To register as a Seller, you must:

a. Be at least 18 years old and legally capable of entering into binding contracts;
b. For business sellers, be properly registered under applicable South African company, close corporation, partnership or sole proprietorship laws;
c. Provide true, accurate, current and complete registration information (including identity, contact details, business details and payment/banking information);
d. Pass any verification checks reasonably required by VulaMart (including identity, address, and KYC/AML checks where applicable).

3.2 VulaMart may approve or reject any seller application in its sole discretion and may request supporting documentation (e.g., company documents, proof of address, FICA documentation, VAT registration, etc.).

3.3 You must notify VulaMart promptly of any changes to your registration information (including company name, contact details, banking details, VAT status).

4.1 VulaMart operates as a marketplace platform that enables Sellers and Buyers to connect and conclude transactions. VulaMart is not the buyer or seller of Seller Items (except where VulaMart explicitly sells products in its own name). (dev.vulamart.co.za)

4.2 Unless expressly stated otherwise:

• The contract of sale or service is concluded directly between you (the Seller) and the Buyer.
• You are solely responsible for listing, pricing, describing, supplying, delivering, warranting and supporting your Seller Items.
• VulaMart is not a party to these contracts and is not responsible for the performance of Seller or Buyer obligations, except as expressly provided in VulaMart Policies (e.g. buyer protection processes, payment facilitation).

4.3 Nothing in these Seller Terms creates a partnership, joint venture, employment, franchise or agency relationship between you and VulaMart. You act as an independent contractor.

5.1 You are responsible for maintaining the confidentiality of your Seller Account login credentials and for all activities that occur under your Seller Account.

5.2 You must:

• Implement appropriate security measures on your devices;
• Not share your login details with unauthorised persons;
• Immediately notify VulaMart of any suspected or actual unauthorised access or security breach relating to your Seller Account.

5.3 VulaMart may, without prior notice, suspend, limit or terminate your Seller Account if:

• You breach these Seller Terms or any VulaMart Policies;
• VulaMart suspects fraud, misuse, unlawful activity, or risk to Buyers or the Platform;
• Required by law, regulator or law enforcement.

6.1 Accuracy and completeness
You must ensure that all information you provide about your Seller Items is accurate, complete, not misleading, and kept up to date, including:

• Title, description, specifications and condition (new, used, refurbished, etc.);
• Category and sub-category selection;
• Pricing, including whether VAT or any other taxes are included;
• Stock availability and realistic handling / dispatch times;
• Any material limitations, defects, warranties, usage restrictions, or age/qualification requirements (e.g., for services, experiences, property, motors).

6.2 Images and media
a. Images and media must accurately represent the Seller Items offered and must not infringe third-party intellectual property rights.
b. You may not use logos, trademarks or brand references (including VulaMart's marks) in a way that misleads Buyers as to brand origin, endorsement or affiliation, unless you have written permission.

6.3 Prohibited content
You must not list or upload content that:

• Is unlawful, defamatory, obscene, discriminatory, hateful or otherwise offensive;
• Promotes violence, illegal activities, hate speech or exploitation;
• Contains personal information of others without their consent;
• Contains malware, phishing links, or security-compromising elements.

6.4 Special categories
For property, motors, jobs, services or regulated items, you must comply with all additional laws, industry codes and licensing requirements applicable to your sector (for example, real estate, financial services, health services). You must not misrepresent your professional status or licence.

6.5 VulaMart may, at its discretion, remove, hide, re-categorise or request corrections to any listing that does not meet content standards or appears misleading, unlawful or inconsistent with VulaMart Policies.

7.1 You may not list, sell or promote any items that are illegal under South African law, restricted to licensed entities, or prohibited by VulaMart’s internal policies, which may include (non-exhaustive examples):

• Illegal drugs, substances or drug paraphernalia;
• Weapons, ammunition or related parts regulated under firearms or defence legislation;
• Stolen goods, counterfeit products or items that infringe intellectual property rights;
• Hazardous materials, explosives, radioactive materials or certain chemicals;
• Adult content or services that contravene applicable decency, child protection or other laws;
• Items that promote hate, terrorism, or incitement to violence;
• Personal data lists or databases sold in violation of POPIA or privacy laws.

7.2 Certain categories (such as health-related products, financial services, food, cosmetics, and certain digital goods) may be subject to additional restrictions or require prior written approval from VulaMart.

7.3 VulaMart may update its prohibited/restricted items list at any time. You remain responsible for ensuring your Seller Items comply with all current requirements.

8.1 You are solely responsible for setting the price of your Seller Items, subject to compliance with applicable laws regarding unfair, misleading or discriminatory pricing and consumer protection under the CPA. (Government of South Africa)

8.2 If you are a VAT-registered vendor, you must comply with VAT legislation, including issuing VAT-compliant tax invoices where required.

8.3 Unless otherwise indicated in your listing, prices must:

• Be displayed in South African Rand (ZAR);
• Indicate whether VAT is included or excluded (if applicable);
• Clearly state any additional charges (e.g. shipping, installation, service call-out fees) where they are not already included in the listed price.

8.4 You may not charge Buyers more than the price displayed at checkout, except where the Buyer expressly agrees to optional add-ons or upgrades clearly communicated beforehand.

9.1 When a Buyer places an Order via the Platform, this constitutes an offer by the Buyer to purchase the Seller Items on the terms set out in the listing and relevant VulaMart Policies.

9.2 Depending on the technical configuration of the Platform and VulaMart Policies, the contract of sale may be concluded when:

• The Buyer successfully completes payment on the Platform; or
• You explicitly accept the Order through your Seller Account dashboard (for example, where manual approval is required).

9.3 You must:

• Acknowledge, confirm or reject Orders promptly within any timeframes specified by VulaMart;
• Communicate clearly and respectfully with Buyers via approved channels;
• Not attempt to divert Buyers off-platform to circumvent VulaMart or its fees.

9.4 You may only cancel an Order after acceptance:

• In limited circumstances permitted by VulaMart Policies (e.g. stock unavailability, obvious pricing errors, or suspected fraud); and
• Subject to providing prompt communication to the Buyer and VulaMart, and offering appropriate remedies in compliance with consumer protection laws.

10.1 You are responsible for timely fulfilment and delivery of Orders, whether:

• Using your own chosen couriers; or
• Using integrated courier options or shipping partners made available through the Platform. (dev.vulamart.co.za)

10.2 You must:

• Dispatch Orders within the handling time specified in your listing;
• Provide accurate tracking or delivery information where available;
• Package items safely and adequately to prevent damage in transit;
• Ensure compliance with all courier and transport regulations (including hazardous goods rules where applicable).

10.3 Where shipping is “platform-arranged” through VulaMart’s integrated partners (if and when available):

• You must follow the instructions, labelling and collection/drop-off rules provided;
• Responsibility for loss or damage will be allocated as set out in the applicable Shipping & Returns Policy or courier terms.

10.4 Risk and Ownership
Unless otherwise required by law, risk in physical goods generally passes to the Buyer upon delivery to the Buyer or their nominated recipient. Ownership usually passes upon full payment; however, you must not include terms that conflict with non-excludable consumer rights or create unfair contract terms.

11.1 You must comply with applicable consumer rights under the CPA and ECTA for online transactions, including rights related to:

• Goods that are defective, unsafe or not of good quality;
• Goods or services not as described, not fit for purpose, or failing to comply with guarantees;
• Cooling-off rights for certain direct marketing transactions (where applicable);
• Fair and transparent return and cancellation procedures. (SAFLII)

11.2 Your own return and refund policy for Seller Items must:

• Be clearly stated in each listing;
• Be consistent with, and not less favourable than, minimum rights under the CPA;
• Align with the Platform’s overall Shipping & Returns Policy to avoid conflicting messages to Buyers.

11.3 You must honour valid return, repair, replacement or refund claims in a timely manner, including:

• Providing reasonable assistance to Buyers to log returns via the Platform;
• Processing refunds without undue delay, subject to any VulaMart payment timelines;
• Documenting resolution (repair, replacement, store credit, refund) transparently.

11.4 VulaMart may, at its discretion, intervene in disputes and process refunds to Buyers directly where:

• You are unresponsive or unreasonably refuse valid claims;
• There is clear evidence of non-delivery, misrepresentation or defective items;
• Required to comply with law, card scheme rules or payment provider rules.

In such cases, amounts may be recovered from you or set off against your future payouts.

12.1 You agree to pay VulaMart all applicable Transaction Fees, as communicated to you in your seller dashboard, on the website, or in any fee schedule or separate agreement.

12.2 VulaMart may update its fee structure from time to time on reasonable notice. Continued listing or selling on the Platform after fee changes take effect constitutes your acceptance of the updated fees.

12.3 Payouts

a. VulaMart (or its payment providers) will collect payments from Buyers on your behalf and remit net amounts to you after deducting Transaction Fees, refunds, chargebacks, and any other authorised deductions.

b. Payouts will be made to the bank account you have registered, within the timeframes communicated in your seller dashboard, subject to:

• Completion of any verification checks;
• Clearance or settlement periods required by payment providers;
• Offsets for negative balances, chargebacks, penalties or adjustments.

12.4 Chargebacks and disputes raised by Buyers with their bank or payment provider may result in reversal of funds. Where reasonably attributable to your acts or omissions (e.g., non-delivery, misrepresentation), such amounts may be deducted from your current or future payouts.

13.1 The Platform may allow Buyers to post reviews and ratings about your Seller Items and service.

13.2 You must not:

• Post fake reviews or ask others to do so;
• Manipulate ratings through incentives that are not transparent to Buyers;
• Harass or threaten Buyers because of negative reviews.

13.3 VulaMart may remove or moderate reviews that violate its content policies (e.g., hate speech, profanity, personal attacks), but is not obliged to do so.

13.4 Reviews and ratings may form part of the criteria VulaMart uses to promote listings, grant “trusted seller” badges or, in severe cases, suspend seller accounts.

14.1 Both VulaMart and Sellers must comply with POPIA, which sets conditions for lawful processing of personal information, including purpose limitation, data minimisation, security safeguards and data subject rights. (POPIA)

14.2 VulaMart is the responsible party for personal information collected and processed via the Platform for its own purposes (e.g. account creation, marketplace operations).

14.3 You become an independent responsible party (or “controller”-equivalent) for any personal information you receive from VulaMart or Buyers (e.g. names, addresses, contact details) for the purposes of fulfilling Orders or providing services.

You must:

• Use Buyer personal information only for legitimate purposes related to the Order and compliance with law;
• Implement appropriate technical and organisational security measures;
• Not sell, rent or misuse Buyer personal information;
• Honour data subject rights where applicable (access, correction, deletion, etc.), coordinating with VulaMart where necessary.

14.4 If you experience a personal-data breach affecting Buyer information obtained via the Platform, you must notify VulaMart without undue delay and cooperate in any required notifications to affected individuals and the Information Regulator, where applicable. (inforegulator.org.za)

15.1 Except for your own listed content, all intellectual property rights in and to the Platform (including the “VulaMart” name, logos, UI design, and proprietary technology) are owned by or licensed to VulaMart. You may not use VulaMart’s marks except as permitted in writing or as reasonably necessary to indicate that you sell via the Platform. (dev.vulamart.co.za)

15.2 You grant VulaMart a non-exclusive, royalty-free, worldwide licence (with the right to sublicense) to use, reproduce, display, adapt, translate and distribute any content you upload (including product images, descriptions and brand names) for the purpose of operating, marketing and improving the Platform, including promotional campaigns showcasing your Seller Items.

15.3 You warrant that the content you upload:

• Is original to you or you have appropriate rights and licences;
• Does not infringe any third-party intellectual property, moral rights, privacy or publicity rights.

You indemnify VulaMart against claims arising from breach of this warranty.

16.1 You warrant and undertake that:

• You have the legal right and authority to sell the Seller Items;
• Seller Items are authentic, lawful, and not counterfeit;
• Seller Items are of acceptable quality and fit for their intended purpose, in line with the CPA’s consumer guarantees (where applicable);
• Seller Items comply with all applicable safety, labelling, packaging, health, environmental and other regulatory requirements;
• You will provide after-sales support (including warranty support) as clearly communicated in your listing and as required by law.

16.2 You are solely responsible for any advertisements, promotions or claims made in relation to your Seller Items on or off the Platform.

17.1 While VulaMart aims to provide an accessible and reliable marketplace for South African buyers and sellers, the Platform is provided “as is” and “as available”, without warranties of uninterrupted availability or error-free operation.

17.2 To the maximum extent permitted by law, VulaMart:

• Is not liable for any Seller Item’s quality, safety, legality or fitness for purpose;
• Is not liable for any direct or indirect loss suffered by you arising from Buyer conduct, courier delays, payment disputes, or other third-party actions;
• Limits its total liability to you for any claim arising out of or in connection with these Seller Terms to the total Transaction Fees paid by you to VulaMart for the three (3) months preceding the event giving rise to the claim.

17.3 Nothing in these Seller Terms limits or excludes any liability that may not be limited or excluded under applicable law, including liability for gross negligence where such exclusion is prohibited.

18.1 You agree to indemnify, defend and hold harmless VulaMart and its directors, employees, contractors and affiliates from and against any claims, damages, losses, costs and expenses (including reasonable legal fees) arising from or related to:

• Your breach of these Seller Terms or any VulaMart Policies;
• Your violation of any applicable law or regulation;
• Your infringement of any third-party rights (including intellectual property, privacy, consumer or contractual rights);
• Any claim relating to Seller Items, including injury, damage or loss caused by defective or unsafe goods or services.

19.1 VulaMart may suspend or terminate your Seller Account, remove or restrict your listings, or apply limitations (such as withholding payouts) if:

• You materially or repeatedly breach these Seller Terms or VulaMart Policies;
• You are involved in suspected fraud, money laundering or other unlawful activity;
• You have excessive complaints, chargebacks or negative ratings indicative of poor buyer experience;
• Required to do so by laws, court orders or regulators.

19.2 On termination:

• Your active listings may be removed or hidden;
• VulaMart may retain necessary records for legal, audit and compliance purposes;
• Outstanding obligations (such as pending Orders, refunds, disputes) survive termination and you remain responsible for them.

20.1 Seller–Buyer disputes
You should first attempt to resolve disputes with Buyers directly in a professional and constructive manner using the Platform’s messaging and support tools.

20.2 If a dispute cannot be resolved, either party may escalate it to VulaMart’s support team, which may propose a resolution based on available evidence, applicable law and VulaMart Policies. VulaMart’s decision in relation to refunds or adjustments via the Platform’s payment system may be treated as final for the purpose of platform operations, without limiting parties’ rights to seek legal remedies in court.

20.3 Seller–VulaMart disputes

a. These Seller Terms are governed by the laws of the Republic of South Africa.
b. You agree to submit to the non-exclusive jurisdiction of the South African courts for any dispute arising under or in connection with these Seller Terms.

21.1 VulaMart may update these Seller Terms and related policies from time to time to reflect changes in law, operational requirements, or marketplace features.

21.2 Where changes are material, VulaMart will notify Sellers via email, dashboard notification, or notice on the Platform, indicating the effective date of changes.

21.3 Continued use of the Platform as a Seller after the effective date of any changes constitutes your acceptance of the updated Seller Terms. If you do not agree, you must stop listing Seller Items and request closure of your Seller Account.

22.1 Entire agreement
These Seller Terms, together with the VulaMart Policies, constitute the entire agreement between you and VulaMart regarding your use of the Platform as a Seller and supersede any prior understandings or agreements (unless a separate written agreement expressly states otherwise).

22.2 Severability
If any provision of these Seller Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.

22.3 No waiver
Failure or delay by VulaMart to exercise any right or remedy under these Seller Terms will not constitute a waiver of such right or remedy.

22.4 Assignment
You may not assign or transfer your rights or obligations under these Seller Terms without VulaMart’s prior written consent. VulaMart may assign its rights and obligations to any successor, affiliate or purchaser of its business.

22.5 Contact details
If you have questions about these Seller Terms, you may contact VulaMart at:

• Telephone: 0800 123 456
• Email: support@vulamart.co.za
• Address: Cape Town, South Africa (dev.vulamart.co.za)

Email: support@vulamart.co.za

Phone: 0800 123 456

Address: 865 Natasha Street, Pretoria, 0044, South Africa