Terms of service

Terms of Service

Last Updated: 01-01-2020

Welcome to IndiaBazaar.co.za.

These Terms of Service ("Terms") govern your use of the IndiaBazaar website at www.indiabazaar.co.za (the "Site"), the IndiaBazaar ZA mobile application (the "App"), and the products and services offered through the Site and App.

The Site and App are operated by Retail Technology Group Pty Ltd, trading as IndiaBazaar ("IndiaBazaar", "we", "us" or "our").

By accessing our Site, using our App, creating an account or placing an order with us, you agree to these Terms, together with our Privacy Policy, Returns & Refund Policy, Shipping Policy and any other policies or terms referenced on our Site.

Please read these Terms carefully before using our Site or App. If you do not agree with these Terms, please do not use our Site, App or services.

1. Use of Our Website and App

You may use our Site and App for lawful purposes and in accordance with these Terms.

By using our services, you agree that you will not:

  • Use the Site or App for any unlawful or unauthorised purpose.

  • Attempt to gain unauthorised access to our systems, accounts or networks.

  • Introduce viruses, malware or other harmful code.

  • Interfere with the operation or security of our Site or App.

  • Use automated systems to scrape, copy or collect information from our Site without our written permission.

  • Submit false, misleading or fraudulent information.

  • Attempt to place fraudulent or unauthorised orders.

  • Use another person's account or payment information without permission.

  • Reproduce, copy, modify, distribute or commercially exploit our website content without our written permission.

We reserve the right to restrict or terminate access to our Site or App where we reasonably believe these Terms have been breached or where necessary to protect our customers, business or systems.

2. Eligibility

By using our Site or App, you confirm that you are legally able to enter into a binding agreement under applicable South African law.

If you are under the applicable age of majority, you may only use our services with the involvement and permission of a parent or legal guardian where required by law.

3. Creating an Account

You may be able to create an account to make shopping easier and to access your order history and other account features.

You are responsible for providing accurate and up-to-date information when creating and maintaining your account.

You are also responsible for keeping your login credentials secure and confidential.

Please notify us immediately if you believe your account has been accessed without your permission.

You may also place an order without creating an account where guest checkout is available.

4. Products and Product Information

We make reasonable efforts to ensure that product descriptions, images, prices, sizes, quantities and other information displayed on our Site and App are accurate.

However:

  • Product images may differ slightly from the actual product due to packaging changes, photography or screen settings.

  • Product packaging may change from time to time.

  • Product availability may change without notice.

  • Product descriptions and specifications may be updated from time to time.

  • Products may become unavailable before or after an order is placed.

Where appropriate, we may contact you if there is a significant issue affecting your order.

Nothing in these Terms excludes or limits any rights you may have under applicable South African consumer protection law.

5. Product Availability

We do our best to maintain accurate stock information.

However, products may occasionally become unavailable due to stock discrepancies, supplier availability, warehouse issues or other circumstances.

If we are unable to fulfil an item or an entire order, we may contact you regarding available options.

Where an order or part of an order cannot be fulfilled, we may cancel the affected item or order and arrange an applicable refund or other resolution.

6. Prices

All prices displayed on our Site and App are in South African Rand (ZAR) unless otherwise stated.

Product prices, promotions and delivery charges may change from time to time.

The applicable price and delivery charge will be displayed during checkout before you complete your purchase.

We reserve the right to correct pricing errors, typographical errors or other inaccuracies.

If an obvious pricing error affects an order, we may contact you before fulfilling the order to clarify the applicable price or cancel the affected order and provide an applicable refund.

7. Placing an Order

When you place an order through our Site or App, you are submitting a request to purchase the selected products.

After placing your order, you will generally receive an order confirmation.

An order confirmation does not necessarily mean that the order has been finally accepted or that every product is available.

We reserve the right to cancel or decline an order where reasonably necessary, including where:

  • Products are unavailable.

  • There is a pricing or product information error.

  • Payment cannot be successfully verified.

  • We suspect fraudulent or unauthorised activity.

  • Delivery to the provided address is not possible.

  • An order contains an unusually large quantity of products.

  • There is another legitimate operational or legal reason preventing fulfilment.

Where an order is cancelled after payment has been received, we will arrange the applicable refund.

8. Minimum Order Value

Our minimum order value is R150.00, excluding delivery charges.

Orders below the minimum order value may not be eligible for checkout or delivery.

IndiaBazaar reserves the right to change the minimum order value from time to time.

9. Payment

We currently support payment methods displayed at checkout, which may include:

  • Debit Card

  • Credit Card

  • Instant EFT

  • Payflex

  • Masterpass

  • SnapScan

  • Other payment methods that may be introduced from time to time

Payment must be successfully completed before an order can be processed for delivery, unless otherwise specifically stated by IndiaBazaar.

Cash on Delivery (COD) is not available.

You agree that all payment information you provide is accurate and that you are authorised to use the selected payment method.

Payments are processed through secure third-party payment providers. IndiaBazaar does not intentionally store your complete credit or debit card details on its own systems.

10. EFT / Bank Transfer Payments

Where EFT or bank transfer is offered, customers must follow the payment instructions provided by IndiaBazaar at checkout or during the ordering process.

Payments must be made to the correct IndiaBazaar bank account details provided at the time of payment.

Customers should not use old, previously provided or independently obtained bank account details.

Where requested, proof of payment should be provided to IndiaBazaar using the contact details supplied during checkout or by our customer support team.

An order may remain unprocessed until payment has been received and verified.

11. Delivery

IndiaBazaar currently provides delivery services within South Africa, subject to courier availability.

Delivery times are estimates and may vary depending on the delivery address, courier availability, public holidays, weather, peak periods and circumstances outside our reasonable control.

Our current estimated delivery timeframes are generally:

  • Gauteng: 2–4 business days

  • Major cities outside Gauteng: 3–4 business days

  • Regional areas: 3–5 business days

Orders received before 12:00 PM will generally be processed on the same business day.

Orders received after 12:00 PM will generally be processed on the next business day.

For full details, please refer to our Shipping Policy.

12. Delivery Address

You are responsible for providing a complete and accurate delivery address and valid contact information.

If incorrect or incomplete information is provided, delivery may be delayed or unsuccessful.

Once an order has been handed over to the courier, changes to the delivery address may not always be possible.

Where a courier charges an additional fee due to an incorrect address, missed delivery or customer-requested re-delivery, the applicable charge may be payable by the customer where permitted by law.

13. Delivery Delays

We work with courier partners to deliver orders within the estimated delivery timeframe.

However, delays can occasionally occur due to circumstances outside our control.

These may include:

  • Courier delays

  • Weather conditions

  • Public holidays

  • Peak shopping periods

  • Incorrect delivery information

  • Access difficulties

  • Road or transport disruptions

  • Other unforeseen circumstances

If your order has exceeded the expected delivery timeframe, please contact us so that we can investigate and assist where possible.

14. Order Cancellation

You may request cancellation of an order before it has been fulfilled or shipped.

Please contact us as soon as possible if you wish to cancel an order.

If an order has already been processed, packed or handed to the courier, cancellation may no longer be possible and the request may need to be handled under our Returns & Refund Policy.

Where a cancellation is accepted, any applicable refund will be processed in accordance with our refund procedures and applicable law.

15. Returns, Replacements and Refunds

Our Returns & Refund Policy forms part of these Terms.

We currently have a 5-day return period for eligible products.

Returns or replacements may be accepted where an eligible product is damaged, defective or incorrectly supplied.

Due to the nature of many products sold by IndiaBazaar, particularly food and other perishable products, additional restrictions may apply.

Customers should inspect their orders promptly after delivery and contact us within the applicable return period if there is an issue.

For complete details, please refer to our Returns & Refund Policy.

16. Change of Mind and Incorrectly Ordered Products

Where permitted under our Returns & Refund Policy, a return may be considered if you changed your mind or ordered the wrong product.

Such products must meet all applicable return conditions, including being unused, unopened and in their original packaging.

Where a change-of-mind or incorrectly ordered return is accepted, the customer may be responsible for applicable collection and replacement delivery costs.

Certain products, including food, perishable products and other specified categories, may not be eligible for return.

17. Promotions and Discount Codes

From time to time, IndiaBazaar may offer promotional codes, discounts, special offers or other promotions.

Each promotion may have its own terms and conditions, including:

  • Minimum order requirements

  • Expiry dates

  • Product exclusions

  • Customer restrictions

  • Usage limits

  • Geographic restrictions

  • Restrictions on combining promotional offers

Unless specifically stated otherwise, promotional codes cannot be exchanged for cash.

IndiaBazaar reserves the right to correct errors, withdraw or modify a promotion where reasonably necessary, subject to applicable law.

18. Gift Cards and Promotional Credits

Where gift cards, vouchers or promotional credits are offered, additional terms may apply.

Gift cards and vouchers may be subject to expiry dates, usage restrictions and other conditions displayed at the time of purchase or issue.

Unless required by law, gift cards or promotional credits cannot be exchanged for cash.

19. Third-Party Services

Our Site and App may use third-party services to provide functions such as:

  • Payment processing

  • Delivery and logistics

  • Analytics

  • Marketing

  • Customer communication

  • App notifications

  • Fraud prevention

  • Website functionality

These third-party providers may have their own terms and privacy policies.

IndiaBazaar is not responsible for third-party services to the extent that matters are outside our reasonable control, subject to your rights under applicable law.

20. Third-Party Links

Our Site or App may contain links to third-party websites or services.

These links are provided for convenience and may lead to websites that are not operated or controlled by IndiaBazaar.

We are not responsible for the content, availability, security or privacy practices of third-party websites.

You should review the applicable terms and privacy policies before using third-party websites or services.

21. Intellectual Property

All content on our Site and App, including where applicable:

  • IndiaBazaar branding

  • Logos

  • Product images

  • Graphics

  • Text

  • Website design

  • Page layouts

  • Videos

  • Software

  • Marketing materials

  • Other original content

is owned by or licensed to IndiaBazaar or its relevant third-party owners and is protected by applicable intellectual property laws.

You may use the Site and App for personal shopping purposes only.

You may not reproduce, modify, distribute, sell, publish or commercially exploit our content without our prior written permission, except where permitted by law.

22. User Reviews, Comments and Feedback

If you submit reviews, comments, suggestions, photographs, feedback or other content to IndiaBazaar, you agree that the content:

  • Is truthful and not misleading.

  • Does not violate the rights of another person.

  • Does not contain unlawful, abusive, threatening, defamatory or obscene material.

  • Does not contain malicious software or harmful code.

  • Does not impersonate another person.

  • Does not contain another person's private information without appropriate permission.

By submitting content to us, you grant IndiaBazaar permission to use, reproduce, display and publish that content for legitimate business purposes, including marketing and improving our services, subject to applicable law.

We may remove or decline to publish content that we reasonably believe violates these Terms or applicable law.

23. Mobile Application

The IndiaBazaar App may be available through third-party app stores, including the Apple App Store and Google Play Store.

Your use of the App may also be subject to the terms and conditions of the relevant app store.

You are responsible for ensuring that your device meets the requirements necessary to use the App.

We may release updates, improvements or changes to the App from time to time.

We may also temporarily suspend certain App functionality for maintenance, security or technical reasons.

24. Account Suspension or Termination

We may suspend or restrict access to your account, Site or App where reasonably necessary, including where:

  • You breach these Terms.

  • Fraudulent or unauthorised activity is suspected.

  • Your account is being misused.

  • Your activity creates a security risk.

  • Required by law or a regulatory authority.

Termination or suspension does not affect any rights or obligations that arose before the suspension or termination.

25. Website and Service Availability

We aim to keep our Site and App available and functioning properly.

However, we do not guarantee that the Site, App or any particular feature will always be:

  • Available

  • Uninterrupted

  • Error-free

  • Secure

  • Free from technical problems

The Site or App may occasionally be unavailable due to maintenance, updates, technical issues, network problems, third-party service interruptions or other circumstances.

26. Limitation of Liability

To the maximum extent permitted by applicable law, IndiaBazaar will not be responsible for losses that are caused by circumstances outside our reasonable control or for losses that could not reasonably have been anticipated.

Nothing in these Terms is intended to exclude, restrict or limit any liability, warranty, right or remedy that cannot lawfully be excluded, restricted or limited under applicable South African law.

Nothing in these Terms limits your rights as a consumer under applicable legislation.

27. Events Outside Our Control

IndiaBazaar will not be responsible for delays or failure to perform our obligations where such delay or failure results from circumstances beyond our reasonable control.

Such circumstances may include, for example:

  • Natural disasters

  • Severe weather

  • Fire

  • Flooding

  • Power or telecommunications failures

  • Transport disruptions

  • Labour disruptions

  • Government restrictions

  • Cybersecurity incidents

  • Supplier disruptions

  • Courier disruptions

  • Other unforeseen events

Where reasonably possible, we will take steps to minimise the impact on customers.

28. Personal Information

Your use of our Site and App is also governed by our Privacy Policy.

Our Privacy Policy explains how we collect, use, store and share your Personal Information.

By using our Site or App, you acknowledge that you have read our Privacy Policy.

29. Accuracy of Information

We make reasonable efforts to keep the information on our Site and App accurate and up to date.

However, errors may occasionally occur, including errors relating to:

  • Product descriptions

  • Prices

  • Promotions

  • Stock availability

  • Delivery information

  • Product specifications

  • Images

We reserve the right to correct errors and update information when reasonably necessary.

Where an error materially affects an order, we may contact you to discuss the available options or cancel the affected order and provide an applicable refund.

30. Prohibited Activities

You may not use our Site or App to:

  • Commit or facilitate illegal activities.

  • Attempt to defraud IndiaBazaar or another person.

  • Submit false information.

  • Use stolen payment information.

  • Attempt to bypass security measures.

  • Introduce malicious software.

  • Scrape or harvest information without permission.

  • Interfere with our systems.

  • Attempt to access another customer's account.

  • Abuse promotional offers or discount codes.

  • Place orders for fraudulent or unlawful purposes.

  • Engage in activity that could damage the Site, App or IndiaBazaar's reputation.

We reserve the right to take appropriate action where prohibited activity is identified.

31. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or modified to the extent necessary to make it enforceable where legally possible.

If it cannot be made enforceable, the affected provision will be treated as severed from these Terms without affecting the validity of the remaining provisions.

32. No Waiver

If we do not immediately enforce any right or provision contained in these Terms, this does not mean that we have waived that right.

A waiver will only be effective if expressly provided by us.

33. Entire Agreement

These Terms, together with our Privacy Policy, Returns & Refund Policy, Shipping Policy and other policies expressly referenced on our Site, constitute the terms governing your use of our Site, App and services.

They replace any previous versions of these Terms relating to the same subject matter.

34. Changes to These Terms

We may update these Terms from time to time to reflect changes to our business, services, technology, legal requirements or other operational matters.

The latest version will be published on this page, together with the updated "Last Updated" date.

You should review these Terms periodically.

Your continued use of the Site or App after changes are published constitutes acceptance of the updated Terms to the extent permitted by applicable law.

35. Governing Law

These Terms and your use of our Site, App and services are governed by the laws of the Republic of South Africa.

Any disputes will be dealt with in accordance with applicable South African law and the rights and remedies available to consumers under applicable legislation.

36. Contact Us

If you have any questions regarding these Terms of Service, please contact us:

IndiaBazaar
Retail Technology Group Pty Ltd
Email: support@indiabazaar.co.za
WhatsApp / Phone: +27 65 706 5324
Location: Johannesburg, Gauteng, South Africa

We will endeavour to respond to customer enquiries within a reasonable timeframe.