Terms and Conditions

1. INTRODUCTION

1.1 Welcome to JUJAMI (Pty) Ltd (“JUJAMI” or “the Company”), the JUJAMI Website (“the Site”) and all official JUJAMI platforms including inter alia Instagram and Facebook (combined “the platforms”).

1.2 JUJAMI provides services to inter alia:-

1.2.1 users, who offer to purchase an item/s (“Buyer”);

1.2.2 users, who offer an item/s for sale (“Seller”); and

1.2.3 users, who access the platforms per 1.5 (collectively or individually “Client/s”).

1.3 Services include inter alia: the listing; assistance; negotiation; facilitation; referral; pricing; authentication and promotion of luxury merchandise (“Merchandise”) for the benefit of Buyers and Sellers (“the Services”).

1.4 The sales and purchases and delivery of Merchandise to and from Clients utilizing the platforms, are subject to the terms and conditions detailed below (“the Terms”).

1.5 Use of the platforms includes accessing, browsing, or registering to use JUJAMI’s Services. By using the platforms, you the Client shall be deemed to have read, understood and accepted these Terms and Conditions and agree to comply with them. If the Client does not agree with any of the Terms, the Client should not enter the platforms, or make use of the Services.

2. REPRESENTATIONS & WARRANTY, LIMITATIONS OF LIABILITY

2.1 JUJAMI uses its best endeavours to be as accurate as possible when describing its products on its platforms, however, it does not warrant that the product descriptions, information or content are error free.

2.2 The Company makes no guarantees, warranties or representations of any kind, express or implied, as to the integrity, satisfactory quality, operation, availability or functionality of the platforms or as to the accuracy, authenticity, and completeness or reliability of any information on the platforms or Merchandise, content, materials or Services included on or otherwise made available to the Client.

2.3 The Client agrees that no claims or actions arising out of or related to the use of the platforms or these Terms may be brought by the Client 1 (one) year after the cause of action relating to such claim or action arising.

2.4 The Client acknowledges that JUJAMI is not the Seller of the Merchandise and is merely acting as an agent facilitating the transaction between the Buyer and the Seller.

3. INDEMNITY

3.1 The Client agrees to indemnify and hold JUJAMI harmless for any loss, damages or costs including attorney’s fees resulting from any third party claim, action or demand resulting from the Client’s use of the platforms, including concluding of a transaction pursuant to the Client’s use of the platforms, or breach of these Terms.

3.2 The Client assumes full responsibility for any risk or loss resulting from such use of the platforms or reliance on any information herein; including, implied warranties of authenticity, merchantability, fitness for a particular purpose, title or non-infringement, as may be allowed in law.

3.3 The Company shall not be liable for any omissions, errors or misrepresentations in any information (whether written or otherwise and whether provided telephonically, electronically or otherwise) provided by, to, or between the Clients, or for any acts or omissions in connection with any matter relating to its Services or the sale of any Merchandise which might arise from the use, reliance upon, or in connection with the platforms, the Services, the sale of any Merchandise or whether caused by latent or patent defects or otherwise.

3.4 The Client indemnifies JUJAMI against any third party (courier) delays.

3.5 The Company shall not be liable for, and the Client indemnifies the Company against, any loss or damage of any kind, prior to, during or after the delivery of the Merchandise to the Client.

4. AUTHENTICATION

4.1 JUJAMI uses its best endeavours to authenticate all Merchandise supplied by the Clients.

4.2 The authentication processes followed are undertaken by the Company for the purposes of ensuring that the Merchandise is consistent with the Merchandises’ Brand Standards to give the Client comfort of authenticity before JUJAMI proceeds to list any merchandise for sale.

4.3 The following checks are made to verify that Merchandise is consistent with the Merchandises’ Brand Standards:
4.3.1 Fabric – the surface and the outer layer
4.3.2 Lining –interior fabric or material
4.3.3 Logo/Hardware – material, lettering, font and covering

4.3.4 Zip/Closure – including latch, magnetic button or flaps
4.3.5 Date Codes/Stamps/Bar Codes – brand manufacturing country and codes
4.3.6 Dust Bags/ Product Cards

4.4 Where possible, JUJAMI will provide the Client with the original dustcovers, packaging and paperwork belonging to the Merchandise purchased

5. RESERVATION

5.1 JUJAMI offers a reservation facility where the Client is given an opportunity to reserve an item for a period of 60 (sixty) calendar days. (“Reservation Facility”)

5.2 By making use of the Reservation Facility the Buyer agrees to make an immediate 50% down payment/ deposit of the full value of the purchase price.

5.3 the Buyer then has 60 (sixty) days in which they can settle the balance of the purchase price in full.

5.4 Orders that are not fully settled within the 60 day reservation period are considered ‘lapsed’ and are subject to a 15%

Administration & Cancellation Fee of the total purchase price.

5.5 To be clear, in the event of a reservation lapsing, 15% of the total purchase price is non-refundable.

6. PAYMENT

6.1 Merchandise will not be couriered before full payment is made and cleared into JUJAMI’s bank account.

6.2 Prices are charged in South African Rands (ZAR).

6.3 Prices advertised are non-negotiable.

6.4 Payments may be made via Credit Card or EFT.

6.5 Merchandise will be couriered to the Client within 48 working hours of receipt of payment.​

7. COURIER SERVICE

7.1 Courier service fees are for the Client’s account.

7.2 The Client is responsible for freight and customs duties related to merchandise shipped outside of South Africa.

7.3 Delivery times quoted are approximate and subject to change prior to delivery.

7.4 The Client should ensure they are personally available to sign for their order as they will need to provide the courier with

identification and check the contents immediately.

7.5 All deliveries must be signed for and checked by the Client immediately UPON DELIVERY. Should damage to the packaging

or item be visible, a note must be made on the delivery note/waybill. Photographs must be taken of any damaged products on delivery and submitted to both the courier company and JUJAMI within 24 hours of delivery.

7.6 Insurance and protective packaging designed to safely transport the Merchandise are provided by JUJAMI. Insurance cover includes loss or damage but JUJAMI can not be held responsible for insurance company’s settlement outcomes.

7.7 Risk to the Merchandise shall pass to the Client on handover to the Client from the courier company.

8. RETURN POLICY

8.1 merchandise purchased directly from JUJAMI’s offices where the Client had the opportunity to inspect the Merchandise and its condition in person, is NOT eligible for return. Such sales are voetstoots and final.

8.2 If Merchandise is purchased online or utilising the platforms, the Client may return the item within 7 (seven) days of receipt of purchase to JUJAMI, for a full store credit.

8.3 Sale items are not eligible for returns

8.4 To avoid unnecessary returns, the Client is strongly encouraged to review the Merchandise in detail when utilising the platforms. Measurements and sizes are fully detailed. In addition, accurate descriptions of the product are provided, detailing faults and flaws, where relevant, so that the Client understands the exact condition of the Merchandise before a purchase is made. Before the Client commits to a purchase, they may also request additional images of the Merchandise to satisfy themselves of the Merchandise’s condition.

8.5 The Client is responsible for arranging insurance whilst the product is being transported back to JUJAMI and expenses related thereto belong to the Client. Risk will only transfer to JUJAMI once the Merchandise is received in good condition by JUJAMI and it is determined that the Return Policy has been complied with in full.

8.6 Credits will not be provided under the following circumstances:
8.6.1 if the Merchandise has any damage whatsoever due to misuse or wear and tear by the client; or
8.6.2 if the Merchandise has been tampered with or has missing security tags; or
8.6.3 if the Merchandise is returned without all the original packaging, boxes, dustcovers, and accessories that were included when the Merchandise was delivered.

8.7 JUJAMI shall use its sole discretion to determine whether the Client has complied with its return policy and if such policy has been violated, the return request will be cancelled, the Merchandise will be couriered back to the Client and additional courier charges may be incurred for the Client’s account.

8.8 If Merchandise sold to a Buyer proves to be a counterfeit or inauthentic (which will only be the case if an expert appointed by the Company and paid for by the Client, for such purpose confirms same in writing), the Client may, as his sole remedy, return the Merchandise to the Company within 14 (fourteen) days of the date of delivery of the merchandise to the Client. Such return will not be accepted if:
8.8.1 the Merchandise has any damage whatsoever due to misuse or wear and tear by the client; or
8.8.2 the Merchandise has been tampered with or has missing security tags; or
8.8.3 the Merchandise is returned without all the original packaging, boxes, dustcovers, and accessories that were included when the Merchandise was delivered. In addition, the returned Merchandise must be accompanied by a written statement drafted by the expert, detailing the counterfeit nature of the Merchandise, the Sale Date and the date of delivery.

8.9 Should the Company be satisfied in its absolute sole discretion that the Merchandise is counterfeit or inauthentic, the sale of the Merchandise shall be set aside and the Purchase Price and verification expenses shall be refunded to the Client, provided that the Client shall have no rights against the Company or further claims

9. ADDITIONAL TERMS FOR SELLER

9.1 A Seller wishing to sell their merchandise is required to complete the application process online.

9.2 The Seller will be prompted to upload clear images of the Merchandise they wish to sell and its original packaging. The Seller will also be prompted to upload copies of the documentation included in their original purchase process for authentication purposes.

9.3 JUJAMI will communicate the estimated sale price based on the images supplied by Seller but the estimated sale price is subject to change per 9.4 below

9.4 Upon receipt of an item, JUJAMI will evaluate the item to determine its authenticity, quality, value and sale price. These determinations shall be made at JUJAMI’s sole discretion.

9.5 Without prejudice to JUJAMI’s right to return the Merchandise to the Seller at any time, for any reason, JUJAMI shall only accept Merchandise that is in excellent condition, authentic and consistent with the representations and warranties made by the Seller

9.6 The Seller is responsible, and liable, for ensuring the authenticity of all Merchandise provided to JUJAMI.

9.7 JUJAMI may inter alia; accept the merchandise without prejudice to its rights to return same at a later stage, for whatsoever reason, or alternatively, refuse to accept the item, as consigned property and return the item to the Seller. JUJAMI may also request supporting documentation regarding such item or determine that item is a forgery or counterfeit.

9.8 If JUJAMI determines in its absolute sole discretion that merchandise submitted by the Seller is counterfeit, it reserves the right to;
9.8.1 charge a fee of R1000 (One Thousand Rand) to cover verification expenses expended by JUJAMI; and

9.8.2 turn the Merchandise over to the South African Police or other relevant law enforcement agencies.

9.9 Should JUJAMI accept the Seller’s Merchandise, the item shall be consigned property. Ie, the Merchandise shall remain the property of the Seller.

9.10 JUJAMI will advise the Seller of the Merchandise purchase price and the estimated net amount that shall be paid to the Seller upon final sale of the Merchandise, once expenses and commissions have been deducted. JUJAMI will determine the purchase price in its sole and absolute discretion.

9.11 Once the item has been sold, the Seller will be notified and receive the purchase price less 30% (thirty percent) commission. Payment will be made to the Seller within 21 working days of the item having been sold.

9.12 Ownership of the Merchandise shall remain with the Seller until such time as the Merchandise has been sold, the funds reflect in JUJAMI’s nominated bank account and the return period has passed, whereafter ownership, risk and benefit shall pass to the Buyer.

9.13 The Seller warrants and confirms that:
9.13.1 It is the legal and beneficial owner of the Merchandise and has full authority and title to transact with the Merchandise;
9.13.2 The Merchandise is not subject to liens or encumbrances; and
9.13.3 The Merchandise is not counterfeit or a forgery

9.14 The warranties set out in clause 9.13 above is a material term of the agreement between the Company and the Seller. In addition, the Company is acting on and relying on the warranties so provided by the Seller.

9.15 The Seller indemnifies JUJAMI against all and any damages, claims, litigation, awards, loss, expense and/or costs that may be incurred by JUJAMI, pursuant to or as a result of any representations and warranties made by the Seller, including but not limited to the use/ marketing/ display or sale of the Seller’s Merchandise.

10 ADDITIONAL TERMS FOR BUYER

10.1 The Buyer explicitly acknowledges and agrees that the Merchandise sold by JUJAMI is luxury pre-owned goods and as such same may be imperfect, blemished, marked, scuffed or display signs of general wear and tear and previous use. Items detailed as ‘brand new’ may also have minute blemishes, within reason. As such all merchandise sold by JUJAMI are sold without representation or warranty.

10.2 It is understood that JUJAMI undertakes to take all reasonable steps that are necessary in order to ensure authenticity of the Merchandise, but, notwithstanding such reasonable steps, the Buyer shall be responsible for evaluating the accuracy, completeness and usefulness of any JUJAMI opinion, advice or content.

10.3 Payment of the purchase price shall be made by the Buyer without deduction or set-off before ownership and risk is transferred from the Seller to the Buyer.

10.4 The Merchandise shall be couriered to the Buyer at the address nominated by the Buyer at a time convenient to all parties. The Buyer or their nominee must be present at the time of delivery and the courier company may ask for the relevant identification document to confirm delivery. It is understood that courier services may be performed by a third-party and JUJAMI shall not be liable for acts or omissions of the courier service delivering merchandise to the Client.

10.5 Buyers are advised to arrange for their own insurance cover for purchased Merchandise effective from the date that the merchandise is received by the Client.

10.6 The Buyer indemnifies JUJAMI against any and all loss, claim, cost, expense and/ or damage of any kind pursuant to or as a result of the representations and warranties made by the Seller.

10.7 JUJAMI is not affiliated to any brands identified or displayed on JUJAMI’s Site or Services. JUJAMI does not assume any responsibility for and is not affiliated with the brands displayed on the JUJAMI platform.

11 RISK, BENEFIT & OWNERSHIP

11.1 The risk, benefit and ownership of the Merchandise shall pass from the Seller to the Buyer once the purchase price is paid in full and reflects in the Company’s bank account free of deductions.
11.2 At no time, shall the risk, benefit or ownership in the Merchandise vest in the Company.

12 PRIVACY POLICY

12.1 JUJAMI recognizes that the Client’s right to privacy is very important and abides by the privacy laws of the Republic of South Africa.

12.2 JUJAMI will not use or share Client’s information with anyone except as described in this Privacy Policy.

12.3 JUJAMI may collect and process data about the Client during the course of their interaction with the platforms. Such information may include inter alia the Client’s name, address, e-mail address, phone number, banking and credit card information, location details and technical information as well as records of all communications .

12.4 JUJAMI may collect information about the Client for validation and verification purposes from other sources including through websites.

12.5 JUJAMI’s website uses cookies to distinguish the Client from other users of its Website. This helps JUJAMI to provide a good experience when browsing the platforms .

12.6 JUJAMI may use information collected to contact and correspond with the Client, to facilitate and enhance their use of the platforms, to provide same with information and services requested through the platforms and to provide same with information about other services offered that are similar to those that the Client is already using or has enquired about.

12.7 If the Client is under eighteen years of age, they may browse the platforms. However, they may not provide personal information to us, nor approach the Company as a Client.

12.8 JUJAMI may disclose the Client’s personal information in the following instances
12.8.1 to third parties in the event that it sells or buys any business or assets, in which case it may disclose personal data to the prospective Seller or Buyer.

12.8.2 if it is under a duty to disclose or share personal data in order to comply with any legal obligation. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

12.9 This Site may contain links to or from other websites or platforms. Please be aware that JUJAMI is not responsible for the privacy practices of other platforms. This Privacy Policy applies only to the information collected on these platforms.

12.10 JUJAMI implements security measures in accordance with industry standards to protect the security of personal information. Personal information may be stored at facilities located across the world and not necessarily within the Republic of South Africa.

12.11 Unfortunately, transmission of information via the internet is not completely secure. While JUJAMI will use its best endeavours to protect the Client’s personal data, JUJAMI cannot guarantee the security of data transmitted to the platforms. Any transmission is at the Client’s own risk.

13 DISPUTES

13.1 These terms shall be governed by and in accordance with the laws of the Republic of South Africa. The Client’s address for all purposes of their dealings with JUJAMI, including the giving of any notice and the serving of any process shall be the email or physical address specified by the Client when visiting the platforms.

13.2 Any dispute relating in any way to the Client’s visit to the platforms shall be submitted to confidential arbitration in Johannesburg, South Africa and the Client submits to the jurisdiction and proceedings thereof.

13.3 Any dispute or difference arising between the Parties, shall be referred to and finally resolved by arbitration. The arbitral tribunal shall consist of a single independent arbitrator to be appointed by the Company.

13.4 Arbitration under this agreement shall be conducted in accordance with the Rules of the Arbitration Foundation of South Africa. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

14 GENERAL

14.1 The Client acknowledges and agrees that these Terms constitute the complete and exclusive agreement between the parties concerning their use of the platforms and in relation to the subject matter hereof and their transacting thereon, and supersedes and governs all prior communications.

14.2 JUJAMI reserves the right, in its sole discretion, to change these Terms at any time by posting changes on the platforms. Any changes are effective immediately upon posting to the platforms. The Client’s continued use of the platforms thereafter constitutes their agreement to all such changed Terms. When the Company makes such changes, it will revise the “last updated” date at the bottom of the Terms. Any changes will be effective immediately upon posting on the platforms. The Client’s continued use of the platforms and/or Services following the posting of any changes will constitute its irrevocable acceptance of such changes. The Company encourages Client’s to review the Terms on a regular basis.

14.3 JUJAMI shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Terms.

14.4 No act, omission, delay or indulgence or extension of time granted by JUJAMI in enforcing any of these Terms or any of its rights in terms hereof or any granting of time by JUJAMI shall prejudice or affect JUJAMI’s rights nor shall it operate as a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of JUJAMI in terms hereof.

14.5 In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole but shall be understood, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.

14.6 These Terms constitutes the entire agreement between the Parties, with respect to the subject matter dealt with herein and no undertaking, representation, warranty or promise not contained herein shall be of any force between the Parties.

14.7 Neither a User, Buyer nor Seller shall be entitled to cede, assign or transfer all or any of its rights and/or obligations in terms of these Terms, without the prior written consent of the Company.

14.8 All provisions of these Terms are severable from each other.

15 DISCLAIMER

15.1 We are not affiliated to or associated with any of the brands featured on our platforms. All copyrights and/ or trademarks are owned by the brand-owners.

15.2 Items are preloved and may be sold without authorisation from the brand-owners. All photography, videos and images posted on this account are original works belonging to Jujami (Pty) Ltd.