Unlock Your Business Potential

Terms and Conditions

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.

1. 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.
2. 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.
   • 2.4: These Terms are subject to the Consumer Protection Act, 2008 (CPA) of South Africa. Where applicable, consumer rights under the CPA take precedence over any conflicting provisions in these Terms.
3. Seller Responsibilities
   • 3.1: Sellers must ensure that their product listings are accurate and comply with all applicable laws and regulations, including the Consumer Protection Act.
   • 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.
   • 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 (defined as three or more unresolved complaints within a 30-day period) 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.
   • 3.6: By listing products on the Platform, Sellers grant theMV a non-exclusive, royalty-free license to display, reproduce, and distribute their product images, descriptions, and related content for the purpose of operating the marketplace.
4. 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 through the Platform. Failure to do so will result in the release of funds to the Seller. This timeframe does not affect statutory rights under the Consumer Protection Act for latent defects or warranty claims.
   • 4.3: Customers agree to provide accurate and truthful information during the complaint or refund process.
5. Complaints and Disputes
   • 5.1: If a Customer raises a complaint or refund request, theMV will hold the funds until the dispute is resolved or for a maximum of 14 calendar days, whichever comes first.
   • 5.2: theMV may, at its sole discretion, mediate disputes between Sellers and Customers. Standard dispute resolution will involve reviewing evidence from both parties and making a determination within 7 business days. However, theMV is not obligated to intervene in all disputes 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.
   • 5.4: If a Seller marks an order as "Delivered" but tracking information or other evidence indicates non-delivery, the Customer may dispute this within the 2-day period. theMV will review available evidence to determine fund release.
6. Payment Terms
   • 6.1: Free Plan sellers are charged an 8% commission on each completed sale. This commission is deducted from the payment before it is released to the Seller.
   • 6.2: Premium Plan sellers pay a one-time setup fee as agreed upon registration and are not charged per-transaction commissions.
   • 6.3: Payments to Sellers are processed via EFT to their registered South African bank account within 72 hours of the 2-day holding period expiring (or dispute resolution), provided all required information is complete.
   • 6.4: In cases of account suspension or termination, any funds held in escrow will be released according to the dispute resolution outcome. Sellers may withdraw available balances upon account closure unless subject to ongoing disputes.
   • 6.5: theMV uses secure payment processing and does not store customer payment card details. All payment information is handled by our certified payment service providers.
7. Platform Liability
   • 7.1: 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, or through the Platform's dispute resolution process where applicable.
   • 7.2: 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, except where such liability cannot be excluded under South African law.
   • 7.3: theMV's maximum liability in any case shall not exceed the fees paid to theMV by the User for the transaction in question.
   • 7.4: theMV reserves the right to amend its fees, commissions, or service terms at any time. Users will be notified of material changes at least 30 days in advance via email or Platform notification.
8. Prohibited Activities
   • 8.1: Users may not use the Platform for any unlawful activities or to sell prohibited items, including but not limited to counterfeit goods, illegal substances, stolen property, weapons, or any other items banned under local or international law.
   • 8.2: theMV reserves the right to remove any listing or terminate any account that violates these Terms or applicable laws.
   • 8.3: Sellers are prohibited from listing products that infringe on intellectual property rights of third parties. Sellers found to be listing counterfeit or infringing products will have their accounts immediately suspended.
9. Account Suspension and Termination
   • 9.1: theMV reserves the right to suspend or terminate any account for violations of these Terms, fraudulent activity, or any actions that compromise the integrity of the Platform. Where possible, Users will be notified of suspension reasons.
   • 9.2: Sellers who fail to fulfill orders or address complaints may face account suspension or termination. In cases of termination, any outstanding funds will be handled according to Section 6.4.
   • 9.3: Users may close their accounts at any time by contacting support. Available account balances (not subject to disputes) will be paid out according to standard payout schedules.
10. Data Protection and Privacy
    • 10.1: theMV collects, processes, and stores personal information in accordance with the Protection of Personal Information Act (POPIA) and our Privacy Policy.
    • 10.2: Users consent to theMV collecting necessary information for account verification, transaction processing, and platform operation.
    • 10.3: For complete details on data handling practices, please refer to our separate Privacy Policy available on the Website.
11. Intellectual Property
    • 11.1: All content provided on the Platform, including logos, trademarks, design elements, and Platform text, remains the property of theMV or its licensors. Users may not use, reproduce, or distribute this content without prior written permission.
    • 11.2: Sellers retain ownership of their product images, descriptions, and brand materials but grant theMV the license specified in Section 3.6.
12. Force Majeure
    • 12.1: Neither theMV nor its Users shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including but not limited to natural disasters, power outages (including loadshedding), strikes, government actions, or telecommunications failures.
    • 12.2: In such events, affected parties must notify the other party as soon as reasonably possible and make reasonable efforts to resume performance.
13. Changes to Terms
    • 13.1: theMV reserves the right to update or modify these Terms at any time. Material changes will be communicated to Users via email or Platform notification at least 30 days before taking effect.
    • 13.2: Continued use of the Platform after changes are made constitutes acceptance of the revised Terms.
14. Severability
    • 14.1: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
15. Governing Law and Dispute Resolution
    • 15.1: 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.
    • 15.2: Users agree to first attempt to resolve disputes through good faith negotiations before pursuing legal action.