Terms & Conditions
Buyer Terms and Conditions
1. Introduction and Acceptance
1.1 These Buyer Terms and Conditions (“Buyer Terms”) govern the use of thewarehouse-org.replit.app (the “Platform”) and the purchase of goods listed on it, operated by The Warehouse (“The Warehouse”, “we”, “us”, “our”).
1.2 By using the Platform or placing an Order, you (“Buyer”, “you”, “your”) accept these Buyer Terms.
1.3 These Buyer Terms are read together with our Privacy Policy and any other policies published on the Platform from time to time.
2. Definitions
2.1 “Goods” means the timber, board, and related building material products listed for sale on the Platform.
2.2 “Seller” means the timber and board industry distributor listing Goods for sale on the Platform.
2.3 “Order” means a booking and payment made by a Buyer for Goods via the Platform.
2.4 “Delivery” means the transport and handover of Goods by The Warehouse (or its appointed logistics provider) to the Buyer at the delivery address specified in the Order.
2.5 “Business Day” means any day other than a Saturday, Sunday, or public holiday in South Africa.
3. The Warehouse’s Role
3.1 The Warehouse operates the Platform as a marketplace connecting Sellers of aged and redundant, but not damaged, timber and board stock with Buyers such as builders, contractors, and other industry purchasers.
3.2 The Warehouse is not the manufacturer or, save where expressly stated, the owner of the Goods. Each Seller remains responsible for the accuracy of its own listings and the condition of its own Goods, as described in clause 4.
3.3 As part of the service, The Warehouse collects the Goods from the Seller and delivers them to the Buyer, and collects payment from the Buyer on the Seller’s behalf, as described in clauses 7 and 8.
4. Nature of the Goods
4.1 All Goods listed on the Platform are aged and/or redundant stock. Goods are represented by the Seller as not damaged, but may show signs of age, discolouration, dust, weathering, or reduced shelf presentation consistent with extended storage.
4.2 Goods are sold voetstoots (as is), save to the extent that the Seller’s listing states otherwise, and subject to the Buyer’s statutory rights described in clause 11.
4.3 The Warehouse does not warrant that Goods are fit for any particular purpose beyond their ordinary use, and recommends that Buyers satisfy themselves, from the listing description, images, and any queries raised with the Seller via the Platform, that the Goods are suitable before placing an Order.
5. Listings, Pricing and Availability
5.1 Prices displayed on the Platform are set by the Seller and are shown in South African Rand, [inclusive/exclusive] of VAT unless stated otherwise.
5.2 Stock levels and availability are as updated by the Seller and may change without notice. The Warehouse does not guarantee that any listed item remains available until an Order is confirmed and paid.
5.3 If a listing contains an obvious pricing or description error, The Warehouse or the Seller may cancel the Order and refund the Buyer in full.
6. Placing an Order
6.1 A Buyer places an Order by selecting Goods, confirming the delivery address and details, and completing payment through the Platform’s checkout process.
6.2 An Order is only confirmed once payment has been successfully processed. The Warehouse will send the Buyer confirmation of the Order by email.
7. Payment
7.1 Full payment is required at the time of booking, via the payment methods made available on the Platform.
7.2 The Warehouse (or its payment processor) collects payment from the Buyer on behalf of the Seller. Payment is held pending Delivery of the Goods and released to the Seller in accordance with the Seller Terms.
7.3 All prices are in South African Rand. Any bank charges, currency conversion fees, or payment processing fees are for the Buyer’s account unless stated otherwise.
8. Collection and Delivery
8.1 Once an Order is confirmed, The Warehouse (or its appointed logistics partner) will collect the Goods from the Seller and deliver them to the delivery address specified by the Buyer.
8.2 Estimated delivery timeframes shown on the Platform are estimates only and are not guaranteed. The Warehouse is not liable for delays caused by the Seller, third-party transporters, weather, or other circumstances beyond its reasonable control.
8.3 The Buyer must ensure that:
(a) the delivery address and contact details provided are accurate and complete;
(b) a person authorised to accept Delivery is available at the delivery address during the agreed delivery window; and
(c) the delivery site is safely and reasonably accessible to the delivery vehicle used, given the size and weight of timber and board Goods.
8.4 If Delivery cannot be completed due to the Buyer’s failure to comply with clause 8.3, The Warehouse may charge a reasonable redelivery or storage fee, and is not liable for any resulting delay.
8.5 Delivery is deemed complete, and risk in the Goods passes to the Buyer, on handover of the Goods at the delivery address and signature of proof of delivery (or, where no one is available to sign, on The Warehouse’s delivery record of handover at the agreed location).
9. Inspection and Reporting Discrepancies
9.1 The Buyer should inspect the Goods at the point of Delivery, where reasonably possible, before signing proof of delivery.
9.2 Any claim that the Goods delivered do not match the listing, are short in quantity, or were damaged in transit, must be reported to The Warehouse in writing within 24 hours of Delivery, together with photographs where possible.
9.3 The Warehouse will liaise with the Seller and/or its logistics partner to investigate and resolve any valid claim, which may include a replacement, partial refund, or collection of the disputed Goods, at The Warehouse’s reasonable discretion.
10. Cancellations and Refunds
10.1 A Buyer may request to cancel an Order at no charge at any time before the Goods have been collected from the Seller.
10.2 Once Goods have been collected from the Seller for Delivery to the Buyer, cancellation may only be accepted at The Warehouse’s discretion, and may be subject to a deduction for collection, handling, and return transport costs.
10.3 This clause 10 does not limit any statutory right of cancellation the Buyer may have under clause 11.
11. Consumer Protection Act Rights
11.1 Where the Buyer is a “consumer” as defined in the Consumer Protection Act 68 of 2008 (“CPA”), the Buyer has the rights set out in the CPA, including the right to return Goods purchased as a result of direct marketing within 10 (ten) business days of Delivery without penalty, and the right to return unsafe or defective Goods.
11.2 Where the Buyer is a juristic person whose asset value or annual turnover, at the time of the transaction, equals or exceeds the threshold determined by the Minister under the CPA, the CPA’s application may be limited as set out in section 5(2) and (3) of the CPA. Nothing in these Buyer Terms limits any right the Buyer has that cannot lawfully be excluded.
11.3 Because the Goods are sold as aged and/or redundant stock at a reduced price, and this is disclosed to the Buyer before purchase, the condition of the Goods as aged stock (as opposed to damage or an undisclosed defect) is not, of itself, grounds for a return under the CPA.
12. Limitation of Liability
12.1 To the maximum extent permitted by law, The Warehouse’s total liability to the Buyer arising from any Order is limited to the amount paid by the Buyer for that Order.
12.2 The Warehouse is not liable for any indirect, special, or consequential loss, including loss of profit or loss of contract, whether arising from Delivery delays, Goods not matching a listing, or any other cause, except to the extent such liability cannot lawfully be excluded.
12.3 Nothing in these Buyer Terms limits The Warehouse’s liability for death or personal injury caused by its negligence, fraud, or any liability that cannot be excluded under South African law, including the CPA.
13. Buyer Obligations and Indemnity
13.1 The Buyer warrants that all information provided when creating an account or placing an Order is true, accurate, and complete.
13.2 The Buyer indemnifies The Warehouse against any loss, claim, or damage arising from incorrect delivery information provided by the Buyer, or from the Buyer’s misuse of Goods after Delivery.
14. Website Use and Intellectual Property
14.1 All content on the Platform, including text, images, logos, and software, is owned by or licensed to The Warehouse and may not be reproduced without permission.
14.2 The Buyer may not use the Platform for any unlawful purpose or in a way that could damage, disable, or impair the Platform.
15. Privacy
15.1 The Warehouse processes personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and its Privacy Policy, available on the Platform.
16. Force Majeure
16.1 The Warehouse is not liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, strikes, transport disruption, or supplier failure.
17. Dispute Resolution and Governing Law
17.1 These Buyer Terms are governed by the laws of the Republic of South Africa.
17.2 The parties will attempt to resolve any dispute amicably before resorting to legal proceedings. Nothing in this clause prevents either party from approaching a court of competent jurisdiction.
18. Amendments
18.1 The Warehouse may update these Buyer Terms from time to time. The version applicable to an Order is the version published on the Platform at the time the Order is placed.
19. Contact Details
19.1 For queries, complaints, or claims, contact The Warehouse at info@thewarehouse.co.za.
Seller Terms and Conditions
1. Introduction and Acceptance
1.1 These Seller Terms and Conditions (“Seller Terms”) govern the listing and sale of goods by timber and board distributors (“Seller”, “you”, “your”) through thewarehouse-org.replit.app (the “Platform”), operated by The Warehouse (“The Warehouse”, “we”, “us”).
1.2 By listing Goods on the Platform, you accept these Seller Terms.
2. Definitions
2.1 “Goods” means the timber, board, and related building material products listed for sale by the Seller on the Platform.
2.2 “Buyer” means a purchaser of Goods through the Platform.
2.3 “Order” means a booking and payment made by a Buyer for Goods via the Platform.
2.4 “Delivery” means the transport and handover of Goods by The Warehouse (or its appointed logistics provider) to the Buyer.
2.5 “Commission” means the percentage fee deducted by The Warehouse from the sale proceeds of each Order, as set out in clause 6.
2.6 “Payout” means the amount paid by The Warehouse to the Seller in respect of an Order, being the Order price less Commission.
2.7 “Business Day” means any day other than a Saturday, Sunday, or public holiday in South Africa.
3. Eligibility
3.1 To list Goods on the Platform, the Seller must be a duly registered supplier or distributor operating in the timber and/or board industry in South Africa, and must provide such registration, tax, and banking details as The Warehouse may reasonably require.
3.2 The Warehouse may decline or suspend any Seller’s registration at its discretion, including for incomplete information or non-compliance with these Seller Terms.
4. Listing Goods
4.1 The Seller may only list Goods that are aged and/or redundant stock which is not damaged. “Not damaged” means the Goods are structurally sound and fit for their ordinary use, notwithstanding cosmetic ageing, discolouration, dust, or reduced shelf presentation.
4.2 The Seller is solely responsible for the accuracy of each listing, including description, quantity, dimensions, condition, images, and price.
4.3 The Seller warrants that:
(a) it is the lawful owner of the Goods listed, or is otherwise authorised to sell them, free of any lien, encumbrance, or third-party claim;
(b) the Goods match the listed description and are, in fact, not damaged;
(c) the Goods comply with any applicable South African standards, including SANS requirements applicable to treated or structural timber, where relevant; and
(d) the Goods are, and will remain, available for collection at the address specified until collected or the listing is withdrawn.
4.4 The Warehouse may remove or amend a listing at its discretion, including where it reasonably believes the listing is inaccurate or non-compliant with these Seller Terms.
5. Pricing
5.1 The Seller sets the listed price for its Goods, which must reflect a genuine reduced price for aged or redundant stock.
6. Commission and Fees
6.1 Commission and fees payable to The Warehouse are as per the Seller’s agreed supplier contract with The Warehouse.
7. Order Acceptance and Collection
7.1 Once a Buyer books and pays for an Order, The Warehouse will notify the Seller and arrange collection of the Goods.
7.2 The Seller must make the Goods available for collection, in the condition and quantity listed, immediately upon notification, at the address specified in the listing.
7.3 The Seller must ensure the Goods are reasonably prepared for safe transport (e.g. suitably stacked, banded, or palletised where applicable) and must provide a representative to hand over and sign for the Goods at collection.
7.4 If the Seller cannot fulfil an Order (e.g. the Goods are no longer available, damaged, or do not match the listing), the Seller must notify The Warehouse immediately. The Order will be cancelled and the Buyer refunded. Repeated failures to fulfil confirmed Orders may result in suspension of the Seller’s account.
8. Delivery to Buyer and Discrepancies
8.1 Once collected, The Warehouse (or its logistics partner) will deliver the Goods to the Buyer.
8.2 If the Buyer reports, in accordance with the Buyer Terms, that Goods delivered do not match the listing or were damaged prior to collection, The Warehouse will investigate with the Seller. Where such a claim is upheld, the Seller is responsible for any resulting refund, replacement, or collection costs, and The Warehouse may deduct this from the Seller’s Payout.
9. Payment to Seller
9.1 The Buyer pays the full Order price to The Warehouse (or its payment processor) at the time of booking. The Warehouse holds these funds pending Delivery.
9.2 Subject to no valid dispute being raised under clause 8.2, The Warehouse will pay the Seller’s Payout (Order price less Commission) within 7 (seven) days of Delivery being confirmed.
9.3 Payouts are made by electronic transfer to the bank account nominated by the Seller. The Seller is responsible for ensuring its banking details are accurate and up to date.
9.4 The Seller is responsible for its own tax obligations, including VAT and income tax, arising from sales made through the Platform, and must provide valid tax invoices where required.
10. Cancellations by Seller
10.1 If the Seller needs to withdraw a listing before it is booked, it may do so at any time via the Platform.
10.2 If the Seller cancels after an Order has been booked and paid but before collection, the Buyer will be refunded in full, and The Warehouse may, at its discretion, charge the Seller an administrative fee to cover costs incurred.
11. Liability and Indemnity
11.1 The Seller indemnifies The Warehouse against any loss, claim, penalty, or damage arising from:
(a) an inaccurate or misleading listing;
(b) the Goods being damaged, defective, or non-compliant with applicable standards in a manner not disclosed in the listing;
(c) any third-party claim of ownership or encumbrance over the Goods; or
(d) the Seller’s breach of these Seller Terms.
11.2 The Warehouse’s total liability to the Seller arising from any Order is limited to the Payout due for that Order.
12. Term, Suspension and Termination
12.1 A Seller’s registration continues until terminated by either party on written notice.
12.2 The Warehouse may suspend or terminate a Seller’s account immediately for breach of these Seller Terms, fraudulent conduct, repeated failed fulfilments, or listing of damaged or non-compliant Goods.
13. Confidentiality
13.1 Each party must keep confidential any non-public information obtained about the other through use of the Platform, and use it only for the purposes contemplated by these Seller Terms.
14. Privacy
14.1 The Warehouse processes personal information in accordance with POPIA and its Privacy Policy.
15. Governing Law and Disputes
15.1 These Seller Terms are governed by the laws of the Republic of South Africa.
15.2 The parties will attempt to resolve any dispute amicably before resorting to legal proceedings.
16. Amendments
16.1 The Warehouse may update these Seller Terms on reasonable notice to Sellers.
17. Contact Details
17.1 For queries, contact The Warehouse at info@thewarehouse.co.za.