Welcome to theMV ("the Platform"), accessible via www.themv.co.za ("the Website"). By using our services, you agree to comply with these Terms and Conditions ("Terms"). Please read them carefully.
Definitions
"Platform": theMV, including its website and services.
"Seller": Any individual or entity that lists products or services for sale on the Platform.
"Customer": Any individual or entity that purchases products or services from Sellers on the Platform.
"User": Refers collectively to both Sellers and Customers.
Role of the Platform
2.1: theMV provides an online marketplace that connects Sellers and Customers. Sellers are responsible for managing their own stores, including but not limited to listing products, fulfilling orders, and handling customer service issues.
2.2: Sellers on theMV are responsible for managing their own VAT obligations. According to South African tax regulations, businesses with a turnover exceeding 1 million ZAR in a financial year are required to be VAT-registered and account for VAT on sales. Sellers should ensure they comply with all applicable VAT requirements and charge VAT accordingly on their sales. The platform does not handle VAT for sellers but provides the necessary tools to facilitate the collection and management of VAT where applicable.
2.3: theMV does not own or control the products or services listed by Sellers and is not a party to the transactions between Sellers and Customers.
Seller Responsibilities
3.1: Sellers must ensure that their product listings are accurate and comply with all applicable laws and regulations.
3.2: Sellers are solely responsible for ensuring timely and successful delivery of products to Customers. Failure to fulfill orders may result in penalties, including suspension or permanent removal from the Platform without prior notice.
3.3: Sellers must click the "Delivered" button once an order is successfully delivered to the Customer. Upon doing so, theMV will withhold the payment for two (2) calendar days. If no complaint or refund request is raised by the Customer within this period, the funds will be released to the Seller.
3.4: Sellers agree to promptly address any complaints or refund requests from Customers. Repeated failure to resolve issues may result in account suspension or termination.
3.5: Sellers are responsible for ensuring compliance with all applicable tax regulations, including but not limited to the submission of tax invoices for all transactions.
Customer Responsibilities
4.1: Customers must ensure that their orders are accurate and payment is made through the Platform’s approved methods.
4.2: Customers have two (2) calendar days after the Seller marks an order as "Delivered" to raise complaints or refund requests. Failure to do so will result in the release of funds to the Seller.
4.3: Customers agree to provide accurate and truthful information during the complaint or refund process.
Complaints and Disputes
5.1: If a Customer raises a complaint or refund request, theMV may hold the funds until the dispute is resolved.
5.2: theMV may, at its sole discretion, mediate disputes between Sellers and Customers. However, theMV is not obligated to intervene and bears no liability for unresolved disputes.
5.3: Any fraudulent or abusive complaints may result in suspension or termination of the Customer’s account.
Platform Liability
6.1: theMV is not responsible for the quality, safety, legality, or delivery of the products listed by Sellers. Any disputes arising from these issues must be resolved directly between the Seller and the Customer.
6.2: theMV will not be liable for any loss, damage, or claim resulting from the use of the Platform, including but not limited to delays in delivery, non-delivery, or defective products.
6.3: theMV’s maximum liability in any case shall not exceed the fees paid to theMV by the User for the transaction in question.
6.4: theMV reserves the right to amend its fees, commissions, or VAT obligations at any time in compliance with South African regulations.
Prohibited Activities
7.1: Users may not use the Platform for any unlawful activities or to sell prohibited items, including but not limited to counterfeit goods, illegal substances, or any other items banned under local or international law.
7.2: theMV reserves the right to remove any listing or terminate any account that violates these Terms or applicable laws.
Account Suspension and Termination
8.1: theMV reserves the right to suspend or terminate any account without prior notice for violations of these Terms, fraudulent activity, or any actions that compromise the integrity of the Platform.
8.2: Sellers who fail to fulfill orders or address complaints may face immediate account suspension or termination without recourse.
Intellectual Property
9.1: All content provided on the Platform, including logos, trademarks, and text, remains the property of theMV or its licensors. Users may not use, reproduce, or distribute this content without prior written permission.
Changes to Terms
10.1: theMV reserves the right to update or modify these Terms at any time without prior notice. Continued use of the Platform after changes are made constitutes acceptance of the revised Terms.
Governing Law
11.1: These Terms are governed by the laws of South Africa. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.