Standard Terms and Conditions for the sale of second hand goods
Sale and Purchase
The Seller hereby sells to the Purchaser, who purchases, the Goods on these Terms and
Conditions. All sales shall be subject to the provisions of the Electronic Communications and Transactions Act No. 25 of 2002 (as amended).
Price
The Bargain Bin reserves the right to change its prices from time to time at its discretion. Any
price changes shall not apply to already accepted orders.
Retention of Ownership
Ownership of and the risk of loss and profit in respect of the Goods shall pass to the Purchaser upon payment of the full Purchase Price.
Possession
The Bargain Bin shall, once payment of the Purchase Price has been affected in accordance with
the provisions of these Terms and Conditions, issue the Purchaser with a release confirmation.
The Goods shall thereafter be made available for collection by the Purchaser, or its nominated
agent.
In the event that the Purchaser fails to collect the Goods within 5 working days of the issue of
the release confirmation the Purchaser will be liable to pay reasonable costs of storing, insuring
and handling of such Goods.
Deliveries
The Purchaser shall at his/her own cost arrange transport / a courier to collect the Goods after a
release confirmation. The Bargain Bin will not be responsible for deliveries and any damage
caused from the transport / courier company. The Purchaser shall solely be responsible for procuring collection of the Goods.
Condition of the Goods:
The Goods are used and are or may be defective.
The Bargain Bin does not warrant that the Goods are fit for the Purchaser's purpose.
The Goods are sold on an “as is" basis and The Bargain Bin shall not be liable for any defects of whatever nature, whether latent on patent.
Limitation of Liability
The Bargain Bin shall not be liable for any loss or damage suffered by the Purchaser or any
third party as a result of any cause whatsoever, including, without limitation, as a result of the
Goods not being suitable for the Purchaser's purpose.
Return Policy (Section 44 of the Electronic Communications and Transactions Act 25 of 2002)
The Purchaser shall be entitled to cancel a sale within 10 (ten) days after date of collection of the Goods by:
(i) Giving written notice by electronic mail to The Bargain Bin within 10 (ten) days from date of collection of the Goods, the date of collection included; and
(ii) Returning the Goods to The Bargain Bin at the cost of the Purchaser within 5 (five) days from date of the notice of cancellation referred to in (i) above, the date of notice included.
In the absence of any written notice to cancel a sale within 10 (ten) days after collection of the Goods, the Purchaser shall not have the right to cancel a sale thereafter.
If the Goods are not received by The Bargain Bin within 5 (five) days from written notice of cancellation it shall be regarded that the Purchaser has elected to retain the Goods and Bargain Bin not be liable to accept any Goods thereafter and/or to refund the Purchaser.
If the Purchaser has duly cancelled the transaction and returned the Goods in terms of (ii) above, The Bargain Bin shall refund the purchase price to the Purchaser within 30 days from date of receipt of the written notice in (i) above.
Disclaimer of warranties
All Goods are purchased by the Purchaser "as is" and "with all faults" and The Bargain Bin makes no
representation or warranty, express, or implied, including but not limited to warranties of
merchantability or fitness for a particular purpose or any other matter with respect to the Goods.
Any affirmation of fact or promises made by The Bargain Bin shall not be deemed to create an
express warranty that the Goods shall conform to such affirmation or promise. Any descriptions,
samples and specifications with respect to goods offered for sale herein are not warranted by
The Bargain Bin to be accurate or complete. Any description is for the sole purpose of identifying
the Goods and no affirmation, promise, description, sample or model shall be deemed part of the
basis of the sale.
Force majeure
Deliveries may be suspended in case of force majeure, war, sabotage, accidents, fire, riots, explosion,
flood, strike, epidemic, pandemic, disease, virus, government order, or any cause beyond the control of The Bargain Bin.
Repair
The Bargain Bin is not obligated to do any repair work or modifications upon the Goods prior to
the sale or delivery or at any time after the sale.
Payments portal
The Bargain Bin has entered into an agreement with the payment processor and by accessing
The Bargain Bin’s website, you have agreed to be bound by the terms and conditions
of the payment processor and agree to authorise the payment processor to initiate payment
entries, in order for The Bargain Bin to be paid the final purchase price.
The Payment Processor will charge you directly for its transaction and brokerage fees. The
relationship between The Bargain Bin and the Payment Processor is one of an independent
contractor and does not constitute a principal-agent relationship or a partnership. The Bargain Bin does not act as the agent, representative, affiliate or partner of the
Payment Processor. The Bargain Bin does not operate as a payment intermediary, payment
processor, payment facilitator, money transmitter, money services business, or any type of
business akin thereto for the purposes of, or in connection with, any transaction on The Bargain
Bin’s website.
Indemnities by all End-users
While The Bargain Bin makes every effort to ensure that the content and information on the
website is complete, accurate and up to date, we do not guarantee the suitability of the
products nor the transactions which take place through the payment processor on the website
or whether they are complete, accurate or appropriate.
By accepting these terms and conditions, you agree to hold harmless and fully indemnify The Bargain Bin and will not hold The Bargain Bin liable for any claim or cause whatsoever other as specifically
provided for herein.
These Terms and Conditions, read with the Invoice, constitutes the whole agreement between the
Parties as to the subject matter hereof, and no agreement, representation, or warranty between
the Parties regarding the subject matter hereof other than those set out herein are binding on
the Parties.
Protection of personal information
The Purchaser agrees to provide its personal information to The Bargain Bin to conclude and process a purchase and sale agreement only.
The Bargain Bin undertakes to –
(i) record such information solely for the purposes of concluding and processing a sale and purchase agreement; and
(ii) take all reasonable steps to protect such information and not to disclose such information to any third parties.
Place of Sale and Purchase
The Bargain Bin shall advertise its Goods in electronic format on electronic platforms. Should the Purchaser offer to purchase any goods and such offer is accepted by The Bargain Bin, it shall be regarded and the Purchaser agrees that the sale and purchase agreement takes place at the principal address of The Bargain Bin being 26 Fourth Street, Naboomspruit
