1. Introduction

These terms and conditions (“Agreement”) govern your use of Wow Buy, an e-commerce platform provided by WOWBUY (Pty) Ltd (“Wow Buy”). By accessing or using Wow Buy, you agree to comply with and be bound by these terms. The terms may be updated by Wow Buy from time to time, and it is your responsibility to review them regularly.

2. Definitions

1. “Agreement” refers to the terms and conditions as given.
2. “Wow Buy” refers to the e-commerce platform provided by WOWBUY (Pty) Ltd.
3. “Buyer” refers to an individual or entity making a purchase on Wow Buy.
4. “Seller” refers to an individual or entity selling products on Wow Buy.

3. Interpretation

Any reference to the singular includes the plural and vice versa.

The Agreement’s headings are for convenience and do not affect the interpretation of this Agreement.

4. Payment Terms

Accepted payment methods are Payfast or Electronic Funds Transfer (EFT).

Currency and Pricing is given in ZAR (South African Rand) and pricing is discretionary by the Seller.

Payment processing and security relies on the Payfast gateway encryption or the platform’s protection of bank account details in the case of an EFT payment.

5. Shipping and Delivery

The delivery timelines provided are subject to the discretion of the Seller. Shipping costs and available options are specific to each seller. Unless explicitly stated otherwise, all associated shipping costs are the responsibility of the buyer.

It is imperative that the buyer ensures the accuracy of their delivery address. Any inaccuracies in the delivery address are not the responsibility of Wow Buy.

Furthermore, the buyer bears the sole responsibility for being available to accept the delivery of their order. Any failure on the part of the buyer to accept delivery is not the responsibility of Wow Buy.

6. Product Information

Wow Buy is committed to maintaining accuracy across its product listings, descriptions, images, and prices. However, Wow Buy does not accept responsibility for any inaccuracies that may be present in these listings, including but not limited to product details, descriptions, images, or pricing information.

It is important to note that product availability is subject to change without prior notice, and this includes alterations in quantity. The seller retains the discretion to modify specifications, sizes, and colors as deemed appropriate.

Wow Buy wants customers to be aware that the responsibility for the quality of its products lies outside the scope of Wow Buy’s commitment and instead with each individual seller. Customers are advised to exercise diligence and, if necessary, seek additional information before making purchasing decisions.

7. Order Confirmation

Confirmation of the receipt of the order is communicated through email, and the details regarding the order confirmation process are also conveyed via email.

8. Cancellation and Modification

Orders may only be cancelled or modified under specific conditions, and it is not possible to cancel or modify an order once it has been shipped.

9. Intellectual Property

The protection of the website’s content and intellectual property is emphasized through the acknowledgment that Wow Buy is a trademark owned by WOWBUY (Pty) Ltd.

Sellers are required to adhere to proper use of trademarks and copyrights, including considerations for fair use and related aspects.

10. User Accounts

The process of creating an account and implementing security measures encompasses the establishment of an optional user account.

Buyers are mandated to furnish their email during the checkout process, and the onus of safeguarding the account password rests squarely on the buyer.

Users bear responsibility for the entirety of their account information, and Wow Buy explicitly absolves itself of any accountability in the event of loss or compromise of such information.

It is advised to refer to the Privacy Policy for additional information and clarification on matters relating to user accounts and data.

11. Dispute Resolution

The mechanism sequence for resolving disputes entails initiating communication through email,

1. contacting the seller as the first step,
2. and subsequently resorting to Wow Buy.

In the case of a dispute arising from or related to the agreement, the parties commit to initially attempting resolution through confidential mediation, facilitated by a mediator who assists them in discussing issues and working towards a resolution; if successful, a settlement agreement is reached.

Additionally, any dispute, controversy, or claim arising from the agreement is to be resolved through binding arbitration according to Wow Buy’s rules, where the parties present their case to an arbitrator, who then issues a final and binding decision, with arbitration being favored for its efficiency and finality.

It is imperative for all parties to adhere to the specified mechanism sequence.

Arbitration or mediation proceedings will exclusively be conducted in English, and any decision resulting from such proceedings will be deemed final.

12. Liability and Warranty

Wow Buy bears no responsibility for any errors or inaccuracies present in the product listings, absolving itself of any liability for such omissions.

The warranty details pertaining to products are solely determined by the seller’s discretion and are to be upheld directly by the seller; Wow Buy assumes no obligation in this regard.

13. Termination of Services

Wow Buy may terminate its services without prior notice.

For existing transactions, Wow Buy will attempt to fulfill and deliver orders placed before termination, following the standard refunds, returns, and exchange policy.

Communication on such matters will occur through email at support@wowbuy.co.za.

It’s essential to understand that Wow Buy is not liable for existing transactions if services are terminated.

Buyer data may be stored for future use in compliance with the Privacy Policy.

14. Compliance with Laws

Wow Buy prioritizes adherence to applicable laws, with a particular emphasis on strict compliance with the Consumer Protection Act.

Wow Buy explicitly reserves the right to unilaterally terminate contractual agreements with any buyer or seller found participating in activities that contravene established prohibitions.

This measure is implemented as a proactive approach to maintain the integrity of the marketplace and uphold legal standards, underscoring Wow Buy’s commitment to a secure and lawful trading environment.

15. Communication

Inquiries pertaining to the stipulated terms and conditions are welcome and can be directed to the customer support team at support@wowbuy.co.za.

Consent for ongoing communication, including the receipt of newsletters and updates, is secured through the email address provided during the voluntary opt-in process.

To discontinue receiving promotional content, it is imperative to execute the opt-out procedure manually. This involves taking deliberate action to unsubscribe or withdraw consent, ensuring autonomy in managing one’s communication preferences.

16. Force Majeure

In no circumstance shall Wow Buy be held responsible or liable for any force majeure-type event, including, but not limited to, occurrences such as damage that may:

1. impede the seller’s capability to fulfill their obligations, or
2. damage that might hinder the courier’s capacity to carry out their duties.

Wow Buy explicitly disclaims any accountability for events beyond its reasonable control, emphasizing that it shall not be held answerable for any resulting consequences or losses incurred due to such unforeseeable and uncontrollable events. This disclaimer extends to any potential disruptions, delays, or failures in the fulfilment process resulting from force majeure occurrences.

17. Changes to Terms and Conditions

The terms and conditions, integral to the Agreement, may undergo modifications or revisions, with such alterations taking effect without prior notice.

A specific domiciled address is duly provided, serving as a key reference point within the framework of the Agreement.

The procedures and protocols for issuing notices are explicitly detailed to ensure clear communication and compliance with contractual obligations.

Any contravention or breach of the agreement is subject to scrutiny and appropriate action.

The comprehensive scope of the entire agreement is underscored, encompassing all relevant provisions and stipulations.

Additionally, explicit directions and guidance are furnished to facilitate a clear understanding and implementation of the terms delineated in the agreement.