TERMS AND CONDITIONS
Please read these terms carefully as they contain, to the extent legally allowable in your jurisdiction, an agreement to arbitrate as well as other important legal rights, remedies, and information
This Agreement applies to all Trove Clothing services and/or future services, including the website located at https://www.trovesa.co.za. The Service provides an online social marketplace where Users can list and sell items (“Items”). Users who purchase Items are called “Buyers”, and Users who sell Items are called “Sellers”. Users may be both Buyers and Sellers on the Service. In using the Service Buyers and Sellers enter into a contract for the sale and purchase of Items directly between themselves, and Trove Clothing is not a party to such sale or purchase.
There are risks that you assume when dealing with others, and these risks are borne by You alone and not Trove Clothing. You are solely responsible for your evaluation of, and decision to use, the Service, Buy, Sell, or transact any business or communications on the Service, and will be liable for all of Your actions on the Service.
Trove Clothing may provide to You, or provide Your Content to, certain third party services or third party service providers (collectively, “Third Party Service(s)”) which may also provide to You links to sites, email and telephone correspondence and other offers outside of the Trove Clothing network. Such Third Party Services are provided “AS IS” without indemnification, support, or warranty of any kind, and this Agreement does not apply to Your use of any such provided Third Party Services. You are responsible for evaluating whether You want to access or use such Third Party Services, and, in certain circumstances where required or applicable, may opt-out from such Third Party Services available outside of the Trove Clothing network, or may choose to not utilize such Third Party Services at any time. We reserve the right to suspend Third Party Services at any time. You should review any applicable terms and/or privacy policies of a Third Party Service before using it or sharing any information with it, because You may give the operator permission to use Your information outside of what You have agreed to herein. Trove Clothing is not responsible for, nor endorses any features, content, advertising, products or other materials on or available from such Third Party Services.
Trove Clothing will not be liable in any way for (1) any items or content on the Service posted by third parties, other users, or at the direction of users (all, “Third Party Materials”), or (2) any errors, omissions, loss, or damage of any kind as a result of such Third Party Materials on the Service; and you acknowledge that Trove Clothing does not, and is under no obligation, to review, screen, or inspect any Third Party Materials on the Service, although Trove Clothing reserves the right to do so, and remove Third Party Materials at Our sole discretion. You agree that you bear all risk associated with the use, reliance, condition, accuracy, completeness, or usefulness of Third Party Materials.
6.1. Trove Clothing may from time to time make electronic gift vouchers (“Vouchers”) and electronic promotional coupons (“Coupons”) available for use on the Website towards the purchase of Trove Clothing products. Trove Clothing may also from time to time offer referral bonuses (in the form of wallet credit for use on the Website) to Users who refer the Website to their friends and meet certain further requirements (“Referral Bonuses”). Vouchers, Coupons and Referral Bonuses can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
6.2.1. Vouchers are valid for 3 years after sale. If your Voucher has not been used within that period, it will expire.
6.2.2. Vouchers cannot be used to buy other Vouchers or Coupons, and are not transferable: they are only eligible for redemption via the original email address that they were sent to. Vouchers do not accrue interest and are not refundable for cash once purchased.
6.3.1. Coupons are issued electronically in Trove Clothing’s sole discretion. Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
6.3.2. As a general rule, and unless specified otherwise on the specific Coupon itself:
220.127.116.11. a Coupon can only be used once, with promotional offers on the Website;
18.104.22.168. only one Coupon can be used per person unless Trove Clothing specifies otherwise; and
22.214.171.124. the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
6.3.3. Coupons cannot be used to buy Vouchers or other Coupons, cannot be exchanged for cash, and are not transferable to any other person.
6.3.4. If Trove Clothing is running a special on the Website where a discount is automatically applied upon check-out, and you try to redeem a Coupon as well, the Website will automatically apply the promotion of greater value or benefit to you.
You are solely responsible for all information, descriptions, pictures, listings, data, text, music, videos, media, comments, or any other materials (“Content”) that you upload, post, publish, transmit, or display (“Post”) via the Service. The following are examples of Content, Postings, or Use of the Service that is illegal or prohibited by Trove Clothing. Trove Clothing may investigate, take legal action, or perform any other action it deems necessary or warranted in managing the Service, Your Content, Posting, or Use, without limitation, including preservation of such information for investigative purposes.
You agree to not use the service to (1) provide any Content, Postings, or otherwise that are unlawful, harmful, violent illegal, infringing on third party rights, objectionable, pornographic, libelous, invasive, encouraging money laundering, gambling or any other unlawful or unwarranted behaviour. (2) violate any law, rule, or regulation, including any anti-spam, data privacy, or other restriction that may be applicable to Your use of the Service (3) create any derivative works or reviser engineer any part of the Service, or put unreasonable load on the Service infrastructure or disrupts the networks connected to the Service (4) promote any illegal activity or enterprise (5) stalk, harass, bully, impersonate or solicit information from anyone, especially those that are under the age of 18 (6) copy, scrape, harvest or use automated systems to collect contact information from the Service for use outside of those intended by this Terms of Service (7) to sell or transmit anything you don’t have a right to sell or transmit under law or existing relationship (8) pose a privacy or security risk (9) infringe on anyone’s intellectual property (10) spam any users with email, junk mail, fraud, schemes, or the like (11) transmit or upload viruses, worms, or interfere with the Service, or (12) take any action or inaction which Trove Clothing, in its sole judgement, believes is questionable or could cause harm or liability.
As Users of Our Services, all information, including items, messages, offers, purchases, sales, etc. that You post, transmit, or submit through Our Services (“Content”) is intended to be shared with other Users. By submitting any Content to us, You hereby represent and warrant that You own all rights to the Content or, alternatively, that You have the right to give us the license described below, including the correct and legal permissions and consents for any personally identifiable information you may provide to, or upload by way of, the Trove Clothing Service(s). By posting or otherwise transmitting any User Content you hereby grant and will grant to Trove Clothing and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your User Content in connection with the operation of the Service or any other products or services of Trove Clothing, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing your User Content on the Internet or on Third Party Services such as Facebook, sharing it with blogs, etc., and allowing other users to share listings that include your User Content). You further represent and warrant that the Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. We are not under any obligation to review any Content posted by Our Users on Our Services, although We reserve the right to do so with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law.
We may refuse to accept or display the Content, and may remove or delete all or any portion of the Content at any time. You understand that Trove Clothing is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of Trove Clothing. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Trove Clothing Parties with respect thereto. Any and all Content You upload is not considered confidential by Trove Clothing, will be treated as public information, and You agree and understand is intended to be shared with other users of our Services as well as third parties, all in Trove Clothing’s sole discretion, and Trove Clothing has no control or liability over what other users do with your Content. You understand and agree that Trove Clothing will not be liable for any treatment of your Content as confidential and waive all rights with respect to any such claims of confidentiality. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to Trove Clothing are non-confidential and Trove Clothing shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If you do not agree that your Content will be considered public and will not be considered confidential, you must not use the Service.
You acknowledge the Service contains images and descriptions that are third party content (“Service Content”) that is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Trove Clothing retains all rights to Our intellectual property. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action with the Service Content or Trove Clothing’s intellectual property that you are exposed to through our Service not explicitly authorized by this Agreement. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. All goodwill generated from the use of Trove Clothing Trademarks will inure to our exclusive benefit. Any rights not expressly granted herein are reserved by Trove Clothing. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Trove Clothing.
10.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
10.2. In the event of any dispute arising between you and Trove Clothing, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
10.3. Nothing in this clause 18 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
11.1. Trove Clothing hereby selects, 32 Maggs Street, Amalinda, Saxibly, East London, 5247 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“nominated address”). Trove Clothing may change this address from time to time by updating these Terms and Conditions.
11.2. You hereby select the address specified on the Goods order form as your nominated address, but you may change it to any other physical address by giving Trove Clothing not less than 7 days’ notice in writing.
11.3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
11.3.1. by hand will be deemed to have been received on the date of delivery;
11.3.2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
11.3.3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
11.3.4. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
- Risks, No Warranty. You assume certain risks in using a marketplace service such as Trove Clothing. Trove Clothing is not involved with, nor provides a warranty for, any transaction between Buyer and Seller, nor has title to any Items, and is not the Buyer or Seller in any transaction. You as a Buyer and/or Seller assume, agreement, and understand You bear all of the risks in selling or purchasing of items on the Service.
- Fees. Registering for the Service is free, however, Trove Clothing charges certain fees for various transactions through Your use of the Service as set forth in the Fee Policy. All amounts are quoted in South African Rands unless otherwise stated.
- Prohibited items.
Trove Clothing prohibits the listing or sale of any Item that is illegal to sell under any applicable law, statute, ordinance, or regulation. Trove Clothing prohibits the listing or sale of counterfeit items.
- Sellers. You agree that You have all rights necessary to sell the Items you make available, and will describe such Items truthfully, accurately, and completely.
- Buyers. You are solely responsible for reading and reviewing the Item listening before making an offer or purchasing. The contract to purchase is between You and the Seller, not Trove Clothing.
- Purchases. Buyers may offer to purchase Items from Sellers, and once accepted, this is considered a purchase, and a binding contract. Upon purchasing an Item, a Buyer is obligated to remit payment for the Item to Trove Clothing including any shipping or additional fees listed. Trove Clothing is not an auctioneer, nor is it a Seller or carrier. Service includes pricing, listing, and shipping assistance, but Trove Clothing is not a Buyer or Seller of Items. Trove Clothing may delay any Purchase for purposes of fraud detection or to protect users from other illegal or wrongful activities. All Purchases are final, with no returns, refunds, cancellations, or retractions allowed, except where the Purchase is cancelled where explicitly permitted by Trove Clothing or where applicable, a Seller.
Trove Clothing will provide Seller with a prepaid shipping label to send the Item to the Buyer (Trove Clothing reserves the right to discontinue providing Labels to any or all users at any time and for any reason). Seller must then deliver Item to Buyer. Seller must ship Item within five (5) days of receipt of the label, if Seller does not ship the Item We will notify Seller and provide a set amount of time for shipping before the order will be cancelled. When using a label Seller must only use label to ship applicable item, is fully responsible for contents of parcel, comply with all terms and comply with all conditions of the shipping carrier. Title transfers to Buyer upon shipment. If an Item is lost, damaged, late, or arrives not as expected to Buyer, Buyer must report issue to Trove Clothing no later two (2) days after delivery. Once Buyer confirms receipt and acceptance of Item, either by affirmatively notifying Trove Clothing or failing to notify Trove Clothing within two (2) days of delivery (as determined by tracking information), Trove Clothing will credit Seller’s account with amount equal to Purchase price, Trove Clothing’s commission, and any applicable fees (the “Funds”) set forth in our Fee Policy. Funds may be redeemed by Seller through Trove Clothing’s permitted third party payment provider(s), or used by the Seller to purchase items listed by other Sellers through the Service.
- Buyers may pay for Items using payment methods approved by Trove Clothing, and Trove Clothing will receive payment from Buyer on behalf of Seller. By submitting payment information to Trove Clothing You authorize Trove Clothing to store that information and with your confirmation, charge You for any Items purchased.
- Fee Modifications.: We may change or discontinue, temporarily or permanently, some or all fees for the Service, and such changes will be effective upon Our revision of the Fee Policy
- Buyers are responsible for any shipping costs (as detailed in the Fee Policy) incurred with respect to their purchased Item.
- Trove Clothing may allow you to return an Item in limited circumstances. If an Item is not as described on the Service you may request a return by reporting the issue through the Service or emailing [email protected] within two days after determined delivery of the Item based off tracking information.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, TROVE CLOTHING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TROVE CLOTHING MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
TROVE CLOTHING MAKES NO GUARANTEE REGARDING THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF ANY ITEMS OFFERED OR SOLD, NOR THE TRUTH OR ACCURACY OF ANY LISTINGS, OR ABILITY OF BUYERS AND SELLERS TO TRANSACT ANY BUSINESS ON THE PLATFORM.
Trove Clothing is not liable for (1) any Content posted on Our Services; (2) purchases, sales, or other obligations that may arise between Users; (3) any damages that result through Your use of Our Services; (4) any negative or critical comments that may be posted by other Users through the Services; (5) any of the Third Party Service(s) You may be provided pursuant to Your use of the Services; (6) any third party personally identifiable information you upload or provide to Trove Clothing pursuant to the Services (7) any cost of substitute goods or services.
You are solely responsible for your interactions with other users, including any purchase or sale transactions. You agree Trove Clothing will have no liability or responsibility with respect to such interactions, purchases, or sales. Trove Clothing reserves the right but is under no obligation to become involved in any dispute between You and another user.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL TROVE CLOTHING BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER OR NOT TROVE CLOTHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICES; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (3) ANY OTHER MATTER RELATED TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL TROVE CLOTHING BE LIABLE TO A USER, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR MORE THAN THE GREATER AMOUNT OF (1) COMMISSIONS THAT YOU HAVE PAID TO TROVE CLOTHING AS A SELLER IN THE LAST SIX (6) MONTHS.
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. Our licensors and service providers will have no liability of any kind under this Agreement. Unless such restriction is prohibited by applicable law, You may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.
You agree to release, defend, indemnify and hold Trove Clothing, its affiliates and employees (collectively, “Indemnitees”) harmless from any legal claim or demand (including reasonable attorney fees) that arises from Your actions (or inactions), Your use (or misuse) of our Services, Your breach of the Terms, or You and Your accounts infringement of someone else’s rights
When you access the Service through a mobile device, you may incur a fee for data usage or other associated costs from your wireless provider. You agree that You are solely responsible for Your use of the Service on your mobile device and adherence to your wireless provider’s terms and conditions.
For the purposes of the ECT Act, Trove Clothing’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
17.1. Full name: Trove Clothing (Pty) Ltd, a private company registered in South Africa with registration number 2019/607994/07
17.2. Main business: Online retailer
17.3. Physical address for receipt of legal service (also postal and street address): 32 Maggs Street, Amalinda, Saxibly, East London, 5247 (marked for attention: CEO and Legal)
17.4. Office bearers: Sandiswa Poswa
17.5. Phone Number: 068 532 9778
18.1. Trove Clothing may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
18.2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
18.3. Any failure on the part of you or Trove Clothing to enforce any right in terms hereof shall not constitute a waiver of that right.
18.4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
18.5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
18.6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
18.7 These Terms and Conditions contain the whole agreement between you and Trove Clothing and no other warranty or undertaking is valid, unless contained in this document between the parties.
THIS AGREEMENT AND THE SERVICES DESCRIBED HEREIN ARE SUBJECT TO CHANGE BY TROVE CLOTHING IN ITS SOLE DISCRETION AT ANY TIME. Trove Clothing may modify or discontinue the service with or without notice. Trove Clothing is not liable to You or any third party for any such modification or discontinuation. When changes are made to this Agreement, We will make a new copy of the Agreement available by posting on Our Site or through the Services. We will also update the “Last Revised” date at the top of the Agreement. If We make any material changes, and You have registered to use the Services, We may also notify you via email or through the Services. Changes will be effective immediately for new users and will be effective ten (10) days after posting notice of such changes on the Site for existing users. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service.
We may suspend or terminate the Services or Your account at Our discretion without explanation, notice, and liability to Trove Clothing including removing and discarding any items or content within the Service, for any reason, though We will strive to provide a timely explanation. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. You may terminate this Agreement by closing Your account for the Service. Trove Clothing will not have any liability whatsoever to You for any suspension or termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including ownership, success fees, warranty disclaimers, indemnity and limitations of liability.
- Electronic Communication, Documentation
When you use the Service or send e-mails to us, you are agreeing to communicate with us electronically. This Agreement and any other documents reference herein will be considered a “writing” or “in writing” to comply with applicable legal requirements, and are legally enforceable between the parties. Printed versions of this Agreement and the documents referenced herein will be admissible in any legal proceeding