Terms & Conditions

SA EXCLUSIVE AUCTIONS

FULL TERMS AND CONDITIONS

Shabanga Trading (Pty) Ltd t/a SA Exclusive Auctions

Company Registration Number: 2014/146973/07

Effective Date: to be confirmed

This is a comprehensive working draft for review. Complete the company contact details and have a South African attorney review it before publication. These Terms do not override mandatory consumer or auction law.

These Terms and Conditions govern use of the SA Exclusive Auctions website, online platform, membership services and auctions operated by Shabanga Trading (Pty) Ltd, registration number 2014/146973/07, trading as SA Exclusive Auctions ("SA Exclusive Auctions", "we", "us" or "our"). By registering an account, subscribing to a membership tier, participating in an auction or purchasing an item through the Platform, you ("member", "user", "bidder" or "buyer") acknowledge that you have read, understood and agreed to these Terms and Conditions. If you do not agree, you must not register, subscribe or participate. These Terms must be read together with the information, descriptions and rules published for each auction.

1.1. "Company" means Shabanga Trading (Pty) Ltd, registration number 2014/146973/07, trading as SA Exclusive Auctions.

1.2. "Platform" means the SA Exclusive Auctions website, applications and associated online services used to administer memberships and auctions.

1.3. "Member" means a person who has registered an account and, where applicable, purchased a membership subscription.

1.4. "Membership Tier" means a category of membership providing access to designated auctions and associated benefits.

1.5. "Lot" means an item or group of items offered for sale as a single auction lot.

1.6. "Bid" means a valid offer submitted by a registered bidder through the Platform.

1.7. "Highest Bidder" means the bidder with the highest valid bid when an auction closes, subject to applicable auction rules and any disclosed reserve price.

1.8. "Undercandidate" means a bidder who submitted the next-highest valid bid after the highest bidder.

1.9. "Retail Value" means an indicative estimate of an ordinary retail selling price, not a guarantee of market value.

2.1. Membership and bidding are available only to persons aged 18 or older who are legally capable of entering binding agreements.

2.2. Members must provide accurate, current and complete information, including their legal name and contact details, and any identity or address verification reasonably required.

2.3. The Company may request supporting documents to verify identity, residential address or payment details.

2.4. Members must update their information when it changes. False, misleading, incomplete or fraudulent information may result in account restrictions or termination.

2.5. The Company may refuse or restrict registration where reasonably necessary for fraud prevention, security, legal compliance or enforcement of these Terms.

3.1. SA Exclusive Auctions operates a membership-based auction platform with different Membership Tiers.

3.2. Available tiers, prices, benefits and eligibility requirements will be displayed on the Platform. Changes are subject to applicable law and the terms of existing paid subscriptions.

3.3. Membership grants access to auctions and benefits associated with the relevant tier. It does not guarantee a win, a particular item or a financial return.

3.4. Membership fees are charged for membership access and associated benefits. They are not charges for individual bids, and no separate fee is charged for each bid.

3.5. Membership does not guarantee that every auction will contain a particular item, category or retail value.

3.6. Some auctions may require a minimum number of eligible members before opening. Where applicable, the Platform may display the number of members still required and notify eligible members when an auction opens.

3.7. Members must comply with the access restrictions applicable to their selected tier. Membership does not promise profit or that the retail value of goods won will exceed the subscription cost.

4.1. A member may subscribe to only one Membership Tier at a time and may not maintain multiple active tier subscriptions under the same account.

4.2. Members may request an upgrade or downgrade through the Platform or the Company's official support channel.

4.3. An upgrade takes effect only once confirmed by the Company, any required additional payment has cleared, and access to the new tier has been granted.

4.4. Unless confirmed otherwise in writing, an upgrade does not retrospectively change eligibility or bidding conditions for an auction that has already opened.

4.5. Members may not use multiple accounts or another person's account to circumvent the one-tier restriction.

4.6. Before processing a membership change, the Company will confirm the applicable price, effective date and treatment of any existing subscription payment.

5.1. Members may request cancellation through the available cancellation process or the Company's official support channel.

5.2. Cancellation does not immediately remove paid access. If a member cancels during a billing month for which payment has been received, membership remains active until the end of that paid billing period.

5.3. The member's badge, tier status and associated access rights remain active until the end of the paid billing period, unless suspension is reasonably necessary for fraud prevention, security, a material breach or legal compliance.

5.4. Cancellation prevents renewal for the next billing period, subject to the applicable subscription arrangement.

5.5. Cancellation does not cancel bids already placed, invoices already issued, purchases already concluded or payment obligations already incurred.

5.6. Fees will not automatically be refunded for unused time in a billing period, but this does not exclude any refund, cancellation or other right provided by law.

5.7. If a membership payment fails, access may be restricted after any notice required by the subscription arrangement or law.

6.1. The Platform may offer free auctions and membership-exclusive auctions. The applicable category will be displayed on the relevant listing.

6.2. Free auctions may be available without a paid membership, subject to registration and stated eligibility requirements. A reserve price may apply and must be disclosed in accordance with the applicable rules and law.

6.3. For free auctions, the highest valid bid does not automatically entitle the bidder to the item if an applicable reserve price has not been met.

6.4. Membership auctions are available only to eligible members of the relevant tier. Membership auctions advertised as no-reserve auctions have no reserve price.

6.5. The highest valid bid at the close of a no-reserve membership auction determines the successful bidder, subject to applicable auction rules and law. No hidden reserve price may be introduced after bidding begins on a lot advertised as no-reserve.

6.6. Membership fees are not per-bid charges and do not entitle the Company to manipulate auction results.

7.1. SA Exclusive Auctions prohibits ghost bidding.

7.2. The Company, its employees, representatives and agents may not place fictitious bids, use sham bidder accounts or arrange artificial bidding to increase prices or mislead members.

7.3. The Company will not use auction-house bidding to artificially drive up an item's price.

7.4. Members must not collude, use false identities, manipulate bidding activity or distort an auction result.

7.5. The Company may retain bid records and investigate suspicious activity. Where credible evidence of manipulation, fraud or unauthorised activity exists, it may preserve records, restrict affected accounts where reasonably necessary and take lawful action.

7.6. Nothing in this clause authorises bidding by the Company or seller where prohibited by law or the applicable auction rules.

8.1. Members must be logged into their own authorised accounts to bid. Bids must be submitted through the Platform's approved bidding functionality.

8.2. The opening bid, minimum increment and other bidding requirements will be displayed for each auction. Where an auction specifies a starting bid of R1 and increments of R1, those rules apply.

8.3. Bids must comply with displayed increments and other stated conditions.

8.4. Members are responsible for checking lot descriptions, photographs, specifications, quantity, size, colour, condition and other relevant information before bidding.

8.5. A bid submitted in error does not automatically entitle a member to withdraw it. Requests to correct an obvious technical error will be considered individually, taking account of auction status, other bidders' rights and applicable law.

8.6. Members may not manipulate the bidding system, interfere with other bidders or gain unauthorised access to auction functionality.

8.7. Platform bidding records may be used to investigate disputes, subject to applicable law. Any correction or cancellation of an auction result must have a legitimate basis and comply with the applicable rules and law.

9.1. There is no limit on the number of lots a member may win merely because they have already won another lot.

9.2. A member who wins the highest-value lot in their Membership Tier may continue participating in other eligible auctions.

9.3. Winning one lot does not automatically disqualify a member from subsequent auctions. Members may win multiple lots if they comply with the rules and pay all resulting invoices.

9.4. The Company does not guarantee that a member will win any particular number of lots.

9.5. Reasonable restrictions may be imposed to address fraud, legal requirements, account security or a demonstrated inability to meet payment obligations, consistently with these Terms and applicable law.

10.1. Each auction will have a closing time or closing mechanism displayed on the Platform.

10.2. The highest valid bid recorded at closing ordinarily identifies the successful bidder, subject to any reserve price, auction rules and applicable law.

10.3. For a no-reserve membership auction, the highest valid bidder will be the successful bidder. For an auction with a reserve price, the reserve and any applicable seller acceptance requirements must be satisfied.

10.4. The Company may contact the successful bidder using the details registered to the account. Members must keep contact details current and monitor official communications.

10.5. Company records will be used to determine the outcome, subject to investigation of any substantiated technical error or irregularity.

11.1. The successful bidder will be invoiced for the amount payable for the lot won. The invoice will identify the lot, winning bid amount, payment instructions and other applicable charges or terms.

11.2. The successful bidder must pay within the period stated on the invoice or communicated through the official Platform.

11.3. Unless expressly stated otherwise, the buyer must pay the winning bid amount. Any additional charges must be disclosed before they become payable.

11.4. Delivery is included for eligible lots, subject to the delivery provisions and any clearly disclosed exceptions.

11.5. Items will ordinarily be dispatched only after the required payment has been received and cleared.

11.6. Members must use official payment instructions and verify unexpected requests to change banking details or pay additional fees.

11.7. A screenshot, proof of payment or promise to pay is not conclusive evidence that funds have cleared. Reversed, dishonoured or disputed payments may be investigated.

12.1. A successful bidder is expected to honour the winning bid and pay the invoice within the specified period.

12.2. If the highest bidder fails to pay, the Company may issue a reminder and, where appropriate, provide a reasonable opportunity to resolve the payment.

12.3. If payment remains outstanding, the Company may cancel the unpaid sale where legally permitted and offer the lot to the next-highest valid bidder.

12.4. The next-highest bidder will be offered the opportunity to buy the lot at the amount of their own valid bid, subject to the auction rules and law. They must accept the offer and pay within the stated period.

12.5. If that bidder declines or fails to pay an accepted offer, the Company may proceed to the next eligible bidder in descending order of valid bids. This may continue until an eligible bidder pays or no suitable bidder remains.

12.6. The Company may take another lawful course where required by the auction rules or circumstances.

12.7. A non-paying member may have bidding privileges restricted or an account suspended after appropriate consideration. Recovery of losses or costs is subject to applicable law and is not automatic unless legally established.

13.1. The Company aims to provide accurate descriptions and photographs of items offered for sale.

13.2. Displayed retail values are indicative estimates of ordinary retail prices, provided for general information and comparison. They are not guaranteed resale values, appraisals or promises of savings.

13.3. The Company may purchase in bulk, negotiate wholesale arrangements or obtain partner discounts. Its acquisition cost may therefore be lower than the displayed indicative retail value.

13.4. A displayed retail value does not establish the Company's purchase price or profit margin. Members should assess an item's usefulness, specifications and suitability before bidding.

13.5. Photographs may show the actual item, a representative example or a supplier/manufacturer image. Listings should make clear when an image is illustrative rather than of the exact item.

13.6. The Company will not knowingly misrepresent material characteristics. Nothing here excludes rights concerning misleading representations, defects or goods that do not correspond with their description.

14.1. Members are responsible for checking the stated size, measurements, colour, style and specifications before bidding on clothing, footwear or similar products.

14.2. If a member selects or confirms the wrong size, the member is responsible for that selection. Members should consult available size charts and measurements.

14.3. A member is not automatically entitled to cancel or demand an exchange merely because they selected the wrong size or the item does not fit as expected.

14.4. Size-related returns and exchanges are subject to the advertised sale conditions and applicable law. This clause does not exclude legal rights where the wrong item was supplied, the item materially differs from its description or another legal remedy applies.

15.1. Delivery is included in the advertised purchase arrangement for eligible lots unless an exception or additional charge is clearly disclosed before bidding.

15.2. The Company will arrange delivery using a courier, logistics provider or other delivery service.

15.3. Members must provide a complete and accurate delivery address, recipient name, telephone number and other information needed for delivery.

15.4. If an incorrect, incomplete or invalid address causes a parcel to be returned, redirected or redelivered, the member may be liable for reasonable additional delivery costs directly caused by the incorrect information, to the extent permitted by law.

15.5. Any additional delivery charge must be explained and reasonably supported by the additional cost incurred.

15.6. Members should ensure that someone is available to receive the parcel where required. If delivery fails because of incorrect details, an absent recipient or failure to collect, the Company may contact the member to arrange redelivery or another reasonable solution.

15.7. Members should inspect parcels on delivery and promptly report visible damage, missing items or discrepancies, preferably with photographs and the relevant invoice or lot reference.

15.8. The Company will assist with reasonable enquiries and claims involving a courier. It cannot control every act, omission, delay or incident involving an independent delivery provider.

15.9. Nothing in these Terms excludes responsibility the Company has under applicable law for delivery, non-delivery or available legal remedies. Loss, damage or non-delivery will be assessed and the Company will cooperate with the member and delivery provider to determine an appropriate resolution.

15.10. Members must not knowingly provide false delivery information or misuse the delivery claims process.

16.1. Ownership transfers according to the applicable sale terms and law. Unless otherwise required by law, ownership will ordinarily transfer after full payment and delivery.

16.2. Risk of loss or damage during delivery is determined by applicable law and the circumstances; this clause does not automatically transfer all courier-related risk to the member.

16.3. Where an item is supplied by a third-party retailer, manufacturer or distributor, that supplier may provide a commercial warranty subject to its own terms, duration and exclusions.

16.4. Where a valid third-party warranty applies, the member may need to contact the relevant supplier or authorised service provider. The Company may reasonably assist in identifying the supplier.

16.5. The Company does not independently guarantee that every item has a manufacturer's warranty. Any warranty expressly advertised by the Company must be honoured according to its terms and applicable law.

16.6. Nothing here excludes statutory consumer rights concerning defective or unsafe goods, misrepresentation or non-delivery. Where no commercial warranty applies, that fact should be clearly communicated where material; its absence does not automatically remove statutory rights.

17.1. Members should contact official support if an item arrives damaged, is materially different from its description, is incomplete or is not delivered.

17.2. Provide the invoice or lot reference, a description of the issue and reasonable supporting evidence, such as photographs, where available.

17.3. The Company will assess the complaint in light of the listing, auction conditions, facts and applicable law.

17.4. A member is not automatically entitled to a refund merely because they change their mind, regret a bid or find the item elsewhere at a different price.

17.5. Wrong-size selections are addressed under clause 14.

17.6. Nothing here removes any right to a refund, replacement, repair, cancellation or other remedy required by law. Any voluntary return or exchange policy applies in addition to statutory rights.

18.1. Each account is intended for use by one registered member.

18.2. More than one device may not be logged into the same account at the same time.

18.3. Members may not share passwords or login credentials, or permit another person to bid through their account.

18.4. Members must keep login details confidential and promptly report suspected unauthorised access.

18.5. The Company may use reasonable technical measures to detect simultaneous logins, suspicious access, account sharing or security violations.

18.6. If simultaneous logins are detected, the Company may require re-authentication, terminate a session or temporarily restrict access while investigating. Repeated or deliberate breaches may result in suspension or termination.

18.7. Members may not bypass device restrictions through multiple accounts, automated tools or other unauthorised methods. Credible evidence of account compromise or technical error will be considered before final action where reasonably practicable.

19.1. Members must remain alert to people falsely claiming to work for or represent SA Exclusive Auctions. Fraudsters may use fake social profiles, WhatsApp accounts, phone numbers, emails, payment instructions or documents.

19.2. Members should use contact details and channels published on the official Platform and verify unexpected requests for payment, changed banking details, additional fees or personal information.

19.3. Members must not transfer funds to an individual merely because that person claims to be an employee, agent, supplier or representative.

19.4. Suspicious communications should be reported through official support. Retain relevant messages, phone numbers, payment details and screenshots.

19.5. The Company is not responsible for losses caused by a member voluntarily paying an unauthorised third party, except to the extent the Company is legally responsible for the loss. This clause does not exclude responsibility arising from the Company's own conduct or legally relevant security failures.

20.1. Members must use the Platform honestly and lawfully. Prohibited conduct includes ghost bidding or bid manipulation; collusion; duplicate or fraudulent accounts used to bypass restrictions; account sharing; interference with Platform security; false identity, payment or delivery information; exploitation of the bidding system; harassment or abuse; knowingly false claims; and unlawful transactions.

20.2. Where there are reasonable grounds to suspect prohibited conduct, the Company may investigate and take proportionate action, including warnings, temporary restrictions or suspension, subject to applicable law.

21.1. The Company endeavours to keep the Platform operational, but it may be unavailable because of maintenance, technical faults, connectivity problems, security incidents or circumstances outside its reasonable control.

21.2. Members are responsible for maintaining a suitable internet connection and compatible device. A bid should not be assumed recorded unless the Platform confirms it or it appears in the relevant bidding records.

21.3. Technical problems affecting a bid should be reported promptly with supporting information.

21.4. The Company may investigate technical incidents and take reasonable steps to preserve auction integrity. It will not use technical difficulties as a pretext to manipulate bids or favour a bidder.

21.5. Any pause, extension, cancellation or correction of an auction due to a technical incident must have a legitimate basis, be communicated where reasonably practicable and comply with the auction rules and law.

22.1. The Company may collect and process information needed to register members, administer subscriptions, verify identities, operate auctions, process payments, arrange deliveries, prevent fraud and comply with law.

22.2. Information may include names, contact details, delivery addresses, identity or verification information, account activity, bidding records and payment-related information.

22.3. Personal information will be processed in accordance with applicable South African privacy and data-protection law, including the Protection of Personal Information Act 4 of 2013 (POPIA).

22.4. Information may be shared with service providers where reasonably necessary to operate the Platform, verify accounts, process payments, deliver goods, investigate fraud or comply with law.

22.5. The Company will take reasonable steps to protect personal information against unauthorised access, loss, misuse or disclosure. Members should keep their information accurate and may exercise applicable rights by contacting the Company.

22.6. Further details may be set out in a separate Privacy Policy. Personal information will not be disclosed for unlawful or privacy-inconsistent purposes.

23.1. The Company may communicate through the Platform, email, SMS, WhatsApp or other official channels using details provided by the member.

23.2. Communications may concern membership status, auctions, bidding outcomes, invoices, payments, deliveries, security alerts, account changes and service announcements.

23.3. Members must keep contact information current and monitor important account communications. They should independently verify auction information through the Platform where possible.

23.4. The Company will take reasonable steps to ensure official communications are accurate, but technical delivery failures may occur. Marketing communications will comply with applicable law and consent or opt-out requirements.

24.1. The SA Exclusive Auctions name, branding, logos, website content, software, design, graphics and other intellectual property owned by or licensed to the Company remain the property of their respective owners.

24.2. Members may use the Platform only for its intended lawful purposes and may not copy, reproduce, distribute, modify, commercially exploit or reverse-engineer protected content without written permission, except as permitted by law.

24.3. Nothing in these Terms transfers ownership of the Company's intellectual property to a member.

25.1. The Company will take reasonable steps to administer auctions, process orders, communicate with members and arrange delivery in accordance with applicable terms.

25.2. To the extent permitted by law, the Company is not liable for indirect or consequential losses that could not reasonably have been foreseen when the transaction was concluded.

25.3. The Company does not guarantee the resale value, investment value, future market price or financial return of any item.

25.4. No provision excludes or limits liability where prohibited by law. In particular, the Company does not exclude responsibilities imposed by the Consumer Protection Act, the Electronic Communications and Transactions Act or other applicable law.

25.5. Nothing here removes a member's right to pursue a lawful claim where the Company has breached a legal obligation.

26.1. To the extent permitted by law, a member may be responsible for direct losses or reasonable costs suffered by the Company as a result of the member's unlawful conduct, fraud, deliberate misuse of the Platform or material breach of these Terms.

26.2. The Company will not impose liability for losses caused by its own unlawful conduct or for liabilities that cannot lawfully be transferred to the member. Any claim must be supported by the facts and applicable legal basis.

27.1. The Company may suspend or terminate an account where reasonable grounds exist to believe that a member engaged in fraud, account sharing, deliberate bid manipulation, unlawful conduct or a material breach.

27.2. Where appropriate, the Company may issue a warning and allow an opportunity to resolve the issue. Immediate temporary restrictions may be applied where reasonably necessary to protect security, prevent fraud or comply with law.

27.3. The Company will consider the circumstances and relevant information from the member before final action where reasonably practicable.

27.4. Suspension or termination does not automatically cancel outstanding payment obligations or remove rights and obligations arising from completed transactions. Fees, access rights and any refunds will be dealt with under the membership terms and applicable law.

28.1. The Company may amend these Terms to reflect changes to operations, Platform functionality, membership structure, security requirements or law.

28.2. Updated Terms will be published on the Platform with an updated effective date. Where a material change affects existing members, notice will be provided where reasonably practicable or required by law.

28.3. Changes will not retrospectively alter a completed sale or remove an accrued legal right. Changes materially affecting a paid membership will be handled under the existing subscription terms and applicable law.

28.4. Members who do not wish to continue may cancel under clause 5, subject to outstanding obligations.

29.1. These Terms are governed by the laws of the Republic of South Africa.

29.2. Members are encouraged to contact the Company first to resolve disputes concerning membership, bidding, payments, invoices, delivery or goods.

29.3. Complaints should include the member's account details, lot or invoice number and a clear description of the issue. The Company will consider complaints in good faith and respond within a reasonable period.

29.4. If a dispute cannot be resolved directly, either party may use lawful dispute-resolution procedures or remedies. Nothing prevents a consumer from approaching a competent court, regulator, ombud or consumer-protection body where entitled by law.

30.1. These Terms must be read with the specific rules published for an individual auction.

30.2. If a specific auction rule conflicts with these general Terms, the specific rule applies to that auction only to the extent lawful and clearly disclosed.

30.3. No term overrides a mandatory requirement of South African law.

30.4. If a provision is unlawful, invalid or unenforceable, the remaining provisions continue to apply to the extent legally possible.

30.5. Failure to enforce a provision immediately does not automatically waive it.

30.6. Members may not transfer their membership or account without the Company's prior written approval, subject to applicable law.

30.7. Headings are for convenience and do not affect interpretation.

Legal entity: Shabanga Trading (Pty) Ltd

Trading name: SA Exclusive Auctions

Company registration number: 2014/146973/07

Registered or business address: to be confirmed

Official website: to be confirmed

Official email: to be confirmed

Official telephone number: to be confirmed

Privacy enquiries: to be confirmed

Members should use the official contact details published by the Company to verify communications, report suspected fraud and submit complaints.

By registering an account, purchasing a membership or participating in an auction, the member confirms that they have had a reasonable opportunity to read these Terms and Conditions and agrees to comply with them, subject always to the member's rights under applicable law.

Shabanga Trading (Pty) Ltd t/a SA Exclusive Auctions

Company Registration Number: 2014/146973/07