• About Forever Finds Preloved

Welcome to Forever Finds!

These terms and conditions govern the use of Forever Finds Preloved.

By accessing this website, you are deemed to have accepted these terms and conditions. If you do not agree to abide by all of the terms and conditions set forth on this page, please refrain from using Forever Finds.

The following terms apply to these Terms and Conditions, Privacy Statement, and Disclaimer Notice, as well as all Agreements: “Client,” “You,” and “Your” refer to you, the person accessing this website and complying with the Company’s terms and conditions. “Portal,” “The Company,” “Ourselves,” “We,” “Our,” and “Us” refer to our Company. “Party,” “Parties,” or “Us” refer to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, in accordance with, and subject to, prevailing law of South Africa. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Forever Finds is a virtual buying and selling marketplace website (hereinafter the Website), which allows logged in users to buy and sell goods and services and open their own e-shop.

The website is managed by Forever Finds Preloved (Pty) Ltd, registration number 2023/826099/07, 177 Fenter Street, Heidelberg, Gauteng 1441, support@foreverfinds.co.za

By registering as a user of the website (hereinafter User), the User confirms that they have read and agree to the terms and conditions of this User Agreement (hereinafter the Terms and Conditions) and undertake to comply with them.

  • User Account

To access the Website, the User must complete the registration process and log in.

The User agrees to maintain the confidentiality of the login credentials and prevent them from being disclosed to third parties.

The User is accountable for all activities conducted on a registered and logged-in user account. If there are any concerns regarding potential account misuse, the User must promptly notify support@foreverfinds.co.za.

  • How The Website Works?

The website allows:  

    • Opening a web store on the Website
    • Selling goods and services on the Website
    • Browsing, saving to favourites and buying products from other users
    • Communicating with other users through private messages
    • Sharing the ads of selling goods and services on various social media channels

Forever Finds Preloved (Pty) Ltd facilitates the money deposit service to execute sales contracts made by Users. In these contracts, the Buyer deposits funds into the escrow account at Standard Bank, managed by TradeSafe, when making a purchase via EFT Payment, credit card, or the Forever Finds wallet balance.

Transactions on the Website are conducted exclusively in South African rand (ZAR).

Here’s an overview of the purchase/sales process:

    • The Buyer finds the product or service of interest and makes the payment through an EFT Payment, with a credit card or using the Forever Finds wallet balance
    • The money is transferred to the account of Forever Finds Preloved (Pty) Ltd
    • The Seller sends the goods to the Buyer with a chosen courier service or in another manner agreed upon between the Buyer and the Seller
    • The Seller confirms the shipping or delivery of goods to the Buyer via the Website
    • The Buyer confirms the receipt of the goods through the Website; the Buyer confirms that they are satisfied with the goods or services and agrees to release the money to the Seller’s Forever Finds wallet

Forever Finds Preloved (Pty) Ltd disburses the payment to the Seller’s Forever Finds wallet, marking the completion of the sales transaction.

To transfer the funds to their bank account, the Seller needs to initiate a payout by selecting the ‘Payout to bank account’ button. Once initiated, Forever Finds Preloved (Pty) Ltd will process the transfer to the Seller’s bank account within 1-3 business days, assuming that the provided banking details are accurate.

  • Service Fees
    • User pays a commission fee of 10% calculated from the total price paid by the Buyer (including delivery)
    • Opening a shop and adding items to the Website is free
    • If user cancels the order after the payment, then Forever Finds Preloved has the right to deduct the commission fee from user’s account before payout
    • If user cancels the order (Buyer has the right to return the item) then Forever Finds Preloved does not deduct the commission fee from user’s account
    • The Seller chooses shipping service provider(s) when listing item to the Website.
  • Transaction Security

To ensure the safety and satisfaction of our users, all sales transactions must occur within the confines of the Forever Finds platform. Buyers are required to utilize only the specified payment and shipping methods outlined in our Terms and Conditions, including EFT payments, credit/debit cards, or the Forever Finds wallet balance.

Our platform safeguards both buyers and sellers from potential fraudulent activity through the following measures:

Upon purchase, the payment is securely held by Forever Finds Preloved (Pty) Ltd until the seller confirms shipment or delivery by clicking the ‘Item transferred’ button.

Once the goods are dispatched or the service is provided, Forever Finds Preloved (Pty) Ltd awaits confirmation of receipt from the buyer.

Upon the buyer’s confirmation of receipt by clicking the ‘Item received’ button, Forever Finds Preloved (Pty) Ltd releases the payment to the seller’s Forever Finds wallet.

To mitigate any disputes between buyers and sellers, we strongly encourage communication within our platform. Prior to making a purchase, we recommend that both parties engage in thorough dialogue regarding the goods or services in question.

  • Deadlines For Shipping, Receiving Goods And Transferring Money

The seller is required to ship the goods within 7 days of receiving the purchase order. To confirm shipment, the seller must click the ‘Item transferred’ button in the corresponding order.

Upon receiving notification of shipping, the buyer has 10 working days to confirm receipt of the goods on the website. To confirm receipt, the buyer must click the ‘Item received’ button in the order.

Once the buyer confirms receipt of the goods or service, Forever Finds Preloved (Pty) Ltd will release the payment from the buyer to the seller’s Forever Finds wallet. The seller has the option to use the funds for future purchases on Forever Finds or initiate a payout to their chosen bank account by clicking the ‘Payout to bank account’ button. Account details for payout can be entered in the Settings section of the website. Upon payout initiation, Forever Finds Preloved (Pty) Ltd will transfer the funds to the seller within 1-3 working days.

If the seller fails to ship the goods within 1 month of receiving the purchase order or if the order remains in the “In-transit” status for over 1 month, Forever Finds Preloved (Pty) Ltd reserves the right to cancel or complete the order, respectively.

  • Cookies

We utilize cookies on Forever Finds. By accessing the site, you agree to the use of cookies as outlined in Forever Finds Preloved’s Privacy Policy.

Cookies are commonly used on interactive websites to retrieve user details for each visit. They enhance the functionality of specific areas, streamlining the user experience. Additionally, some of our affiliate and advertising partners may also employ cookies.

  • License

Unless otherwise indicated, Forever Finds Preloved and/or its licensors retain the intellectual property rights for all content on Forever Finds. All intellectual property rights are reserved. You may access this content on Forever Finds for your personal use, subject to the restrictions outlined in these terms and conditions.

You are prohibited from:

    • Republish material from Forever Finds
    • Sell, rent or sub-license material from Forever Finds
    • Reproduce, duplicate or copy material from Forever Finds
    • Redistribute content from Forever Finds
    • This Agreement shall begin on the date hereof.

Certain sections of this website provide users with the opportunity to post and exchange opinions and information. Forever Finds Preloved does not screen, edit, publish, or review comments prior to their appearance on the website. Comments expressed herein do not necessarily reflect the views and opinions of Forever Finds Preloved, its agents, or affiliates. Comments represent the viewpoints of the individuals posting them. To the extent permitted by applicable laws, Forever Finds Preloved shall not be held liable for comments or for any liability, damages, or expenses arising from the use or posting of comments on this website.

Forever Finds Preloved reserves the right to monitor all comments and to remove any comments deemed inappropriate, offensive, or in violation of these Terms and Conditions.

You warrant and represent that:

    • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so
    • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party
    • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
    • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity
    • You hereby grant Forever Finds Preloved a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media
  • Hyperlinking To Our Content

The following organizations may link to our Website without prior written approval:

    • Government agencies
    • Search engines
    • News organizations
    • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses
    • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site

These organizations may link to our home page, publications, or other website information as long as the link: (a) is not deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products/services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

    • Commonly-known consumer and/or business information sources
    • Associations or other groups representing charities
    • Online directory distributors
    • Internet portals
    • Accounting, law and consulting firms
    • Educational institutions and trade associations

We will approve link requests from these organizations if we determine that: (a) the link does not reflect unfavorably on ourselves or our accredited businesses; (b) the organization has no negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates for the absence of Forever Finds Preloved; and (d) the link provides general resource information.

These organizations may link to our home page as long as the link: (a) is not deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products/services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and wish to link to our website, please contact us via email at Forever Finds Preloved. Provide your name, organization name, contact information, URL of your site, a list of URLs from which you intend to link to our Website, and a list of the URLs on our site you would like to link to. Please allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

    • By use of our corporate name
    • By use of the uniform resource locator being linked to
    • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site
    • No use of Forever Finds Preloved’s logo or other artwork will be allowed for linking absent a trademark license agreement
  • iFrames

You are not permitted to create frames around our Webpages that alter the visual presentation or appearance of our Website without prior approval and written permission.

  • Content Liability

We are not responsible for any content that appears on your Website. By agreeing to these terms, you agree to protect and defend us against all claims arising on your Website. You also agree not to include any link(s) on your Website that may be interpreted as libelous, obscene, or criminal, or that infringes upon, violates, or advocates the infringement or violation of any third party rights.

  • Reservation Of Rights

We reserve the right to request the removal of any or all links to our Website. You agree to promptly remove any links to our Website upon our request. Additionally, we reserve the right to amend these terms and conditions, as well as our linking policy, at any time. By continuing to link to our Website, you agree to abide by and adhere to these linking terms and conditions.

  • Removal Of Links From Our Wesbsite

If you come across any link on our Website that you find offensive for any reason, feel free to contact us at any time to inform us. While we will consider requests to remove links, we are not obligated to do so or to respond directly to you.

Please note that we do not guarantee the correctness of the information provided on this website, nor do we warrant its completeness or accuracy. Additionally, we do not promise to ensure that the website remains available at all times or that the material on the website is consistently kept up to date.

  • Disclaimer Of Liability

Forever Finds Preloved (Pty) Ltd operates as a platform for users to buy and sell goods and services, but we do not own the items listed on the website nor do we engage in the actual transactions between users.

Sales agreements are solely between the users involved, and Forever Finds Preloved (Pty) Ltd does not act as a mediator or representative in these transactions. Users are responsible for ensuring the proper execution of their sales agreements.

Any issues regarding the quality or description of goods or services should be addressed directly between the buyer and the seller using the message system on our website. We do not intervene in resolving disputes between users.

We do not provide guarantees for the goods or services sold on our platform, nor do we verify the accuracy or quality of the items listed. Users should exercise caution and diligence when making purchases.

Forever Finds Preloved (Pty) Ltd cannot be held responsible for the accuracy or legality of the information posted by users on our website, nor for any inappropriate or unlawful behavior by users.

To the fullest extent permitted by law, we disclaim all warranties and conditions regarding our website and its use. This disclaimer applies to any damages or losses arising from the use of our website.

Nothing in this disclaimer will:

    • Limit or exclude our or your liability for death or personal injury
    • Limit or exclude our or your liability for fraud or fraudulent misrepresentation
    • Lmit any of our or your liabilities in any way that is not permitted under applicable law
    • Exclude any of our or your liabilities that may not be excluded under applicable law

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

  • Rights And Obligations Of The User

By using the Website, the User affirms that they possess the legal capacity to engage in transactions and abide by the rules outlined on the platform.

Users agree to provide accurate information, including details about the condition of goods or services offered for sale, which may impact a buyer’s decision.

To utilize the Website, including conducting transactions, Users must provide a valid email address and remain accessible via email.

Users commit to engaging only in lawful transactions through the Website and to refrain from any illegal activities.

Users pledge not to infringe upon the property or moral rights of third parties, including intellectual property rights.

Users agree to comply with all applicable laws and regulations, including those governing consumer protection, competition, and the import/export of goods and services.

Users undertake to conduct their activities in a lawful and ethical manner.

Prohibited actions include:

    • Intimidation or harassment
    • Promoting sexually explicit material
    • Violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, etc.
    • Publishing personal data or breaching other privacy rights
    • Sharing or promoting unlawful, false, or inaccurate information
    • Impolite or repressive activities in chat
    • Acting and using the site in bad faith

The User undertakes to ensure that the items uploaded to their shop are done so in accordance with the law and good practice.

Prohibited items include:

    • Medicines, medical devices and healthcare products
    • Motorised vehicles
    • Counterfeit items, replicas and unauthorised copies
    • Drop-shipping
    • Food & drinks, including alcohol
    • Tobacco
    • Offensive material
    • Firearms, weapons and military items
    • Adult only material and nudity
    • Advertisements
    • Vouchers, gift cards, digital and non-material goods
    • Drugs and drug paraphernalia

The User agrees to provide accurate item descriptions and images that faithfully represent the items listed in their shop. Any information unrelated to the item for sale, such as advertisements or spam content, is prohibited.

As a Seller, the User commits to ensuring that items fit within the specified delivery options and are securely packaged to prevent damage during transit. The Seller assumes full responsibility in the event of damage occurring during shipping.

Users acknowledge their responsibility to declare and pay any applicable taxes, including VAT and income tax, on all transactions conducted through the platform.

Users are aware that if unauthorized access to their account occurs, resulting in obligations being assumed by third parties, they remain responsible for fulfilling those obligations.

The execution of sales agreements is the sole responsibility of the Users. Any complaints or inquiries regarding items sold must be addressed directly between the Buyer and Seller using the messaging system provided on the platform.

When finalizing a sale, Sellers agree to accept returns if the Buyer wishes to return an item within 7 days of receipt due to significant discrepancies from the description or images provided in the listing.

  • Rights And Obligations Of Forever Find Preloved (Pty) Ltd

Forever Finds Preloved (Pty) Ltd reserves the right to restrict or revoke a User’s access to the Website, including modifying or removing any information posted by the User on the platform, halting sales, or closing their User account, without prior notice or consent, if the User:

    • Violates these Terms and Conditions
    • Has submitted information that is incorrect, misleading, or inaccurate when logging in to the Website or using the Website
    • Knowingly and intentionally disseminates false information on Forever Finds Preloved (Pty) Ltd’s website, insults any other User in any way, or acts in bad faith
    • The purchase or sales offers entered by the User are in violation of the Terms and Conditions, good manners, or applicable law
    • At least three complaints from other Users have been received about the User’s activity

At any given time, Forever Finds Preloved (Pty) Ltd reserves the right to monitor activities conducted on the Website, including the offers for purchase and sale made by its Users.

All content within the Forever Finds Website is copyrighted by Forever Finds Preloved (Pty) Ltd. By uploading copyrighted product photos or sales ads on the platform, Users transfer the proprietary rights of the author pertaining to those materials to Forever Finds Preloved (Pty) Ltd. This grants Forever Finds Preloved (Pty) Ltd the exclusive right to utilize, permit, or prohibit their use in any manner, including reproduction, distribution, translation, adaptation, inclusion in collections or databases, or communication to the public.

  • Return And Claims Of Goods

If you have any complaints about the services provided by Forever Finds Preloved (Pty) Ltd, please reach out to us at support@foreverfinds.co.za. Kindly include your name, contact details, and a brief description of your complaint. We will address your concerns promptly, ensuring a response within 5 working days.

In the event that the goods substantially deviate from the description provided in the sales ad or the product photo, and you wish to return the item to the Seller, please follow these steps:

    • The Buyer must send a message to the Seller, indicating their wish to return the goods, via the Website within 48 hours of receipt of the goods, and agree on the place and way of returning the goods. There is no right of return if it is prohibited by South African law for a particular type of good or service.
    • The right of return cannot be executed if the Buyer has received the goods and confirmed their satisfaction with the goods on the Website or if more than 48 hours have passed from the receipt of the goods.
    • The Buyer undertakes to return the goods in the same condition.
    • The money will remain in the account of Forever Finds Preloved (Pty) Ltd until the goods are returned to the Seller. The cost of returning the goods is borne by the Buyer, unless the Seller and the Buyer agree upon otherwise.

To confirm the return of the goods, the Seller must receive the goods from the Buyer and then click on the ‘Cancel order’ button on the Portal for the specific sales order. Subsequently, Forever Finds Preloved (Pty) Ltd will return the money to the Buyer’s Forever Finds wallet.

Once the order has been cancelled and the money returned to the Buyer’s Forever Finds wallet, the Buyer can choose to use the funds for future purchases on Forever Finds or opt for a payout to their designated bank account. The Buyer can initiate a payout to their bank account by clicking on the ‘Payout to bank account’ button and entering the relevant account details in the Settings section on the Website. Upon initiation, Forever Finds Preloved (Pty) Ltd will transfer the money to the Buyer within 1-3 working days.

Following the agreement between the Buyer and the Seller regarding the return, the Buyer must ship the item within 72 hours, unless otherwise arranged.

In cases of unresolved disputes between the Buyer and the Seller, Forever Finds Preloved (Pty) Ltd may assist in resolving the disputes as follows:

    • To resolve disputes between the Buyer and Seller, it is possible to turn to Forever Finds Preloved (Pty) Ltd 21 days after submission of the purchase order at support@foreverfinds.co.za.
    • To resolve the dispute between the Seller and the Buyer, Forever Finds Preloved (Pty) Ltd has the right to request additional information from both parties and to use the information on the Website about the communication between the Buyer and the Seller, including the content of the messages sent on the Website.
    • To resolve the disputes as quickly as possible, the Buyer and Seller undertake to actively cooperate and respond to inquiries made by Forever Finds Preloved (Pty) Ltd within 48 hours. If one of the parties to the dispute does not cooperate and does not respond to the submitted requests within 48 hours, Forever Finds Preloved (Pty) Ltd has the right to make a decision in favour of the other party to the dispute.

If the Buyer raises a claim regarding the purchased goods, the Seller must be prepared to substantiate the shipping of the goods by providing documentation (such as a waybill or proof of shipment) confirming the utilization of the selected mode of transport or demonstrating the shipping of the item through another verifiable means. Should the Seller fail to validate the shipping of the goods, Forever Finds Preloved (Pty) Ltd reserves the right to resolve the claim in favor of the opposing party.

In instances where the Buyer disputes that the goods align with the description in the sales advertisement and an agreement regarding the return of the goods cannot be reached between the Buyer and the Seller, Forever Finds Preloved (Pty) Ltd will adjudicate the claim based on the available evidence.

The determination of claim resolution may encompass:

    • The claim is settled in favour of the Buyer and the money is returned to the Buyer’s Forever Finds wallet right after the respective decision has been made; the prerequisite of the decision is the return of the goods to the Seller and the Seller’s confirmation of receipt of the goods at support@foreverfinds.co.za.
    • The claim is settled in favour of the Seller and the money is released to the Seller’s Forever Finds wallet right after the respective decision has been made; the Buyer keeps the goods of the claim.
    • The claim cannot be resolved regardless of the efforts of Forever Finds Preloved (Pty) Ltd. In this case, the money will remain in the account of Forever Finds Preloved (Pty) Ltd until the Buyer and the Seller confirm that they have reached an agreement at support@foreverfinds.co.za. If, within 30 days, the Buyer and Seller have not reached an agreement and the respective confirmation is not sent to support@foreverfinds.co.za, Forever Finds Preloved (Pty) Ltd will decide, based on the available information, the amount of money returned to the Buyer and/or Seller or whether the money will remain in the account of Forever Finds Preloved (Pty) Ltd.

If no resolution is achieved through the methods outlined above, Users retain the right to seek recourse through the National Consumer Commission (http://www.thencc.gov.za/) when purchasing goods or services from a commercial or professional trader. Alternatively, if the Seller operates outside the commercial or professional domain, Users may pursue legal action through the court system to address the dispute.

Upon the resolution of disputes between Buyers and Sellers, Forever Finds Preloved (Pty) Ltd reserves the right to conclude the mediation process and close

    • The User has not fully cooperated with the complaint process and has not shown willingness to contribute to the resolution of the claim
    • It becomes evident that the Seller has confirmed the shipping of the goods but has not actually shipped the goods to the Buyer
    • The Buyer has not paid for the goods/services to be purchased despite the conclusion of the purchase agreement
    • The User has filed an unsubstantiated claim against another User or provided false information

There are repeated complaints about the Seller’s goods.

There is a suspicion of recurrently selling goods that do not correspond to the description and a suspicion of deliberate fraud.

  • Personal Data

Forever Finds Preloved (Pty) Ltd collects personal data generated by the User’s activities on the Website, such as profile information, details provided during product sales, and data from various interactions (like saving products, making purchases, or sending messages).

By using the Website, the User grants consent for Forever Finds Preloved (Pty) Ltd to process their personal data as outlined in the Terms and Conditions. This consent can be withdrawn at any time, and the User may request the termination of data processing, deletion or closure of their collected personal data, and the closure of their user account by contacting Forever Finds Preloved (Pty) Ltd at support@foreverfinds.co.za.

Personal data is used by Forever Finds Preloved (Pty) Ltd to enhance, develop, and tailor the services offered on the Website to the User’s preferences.

Additionally, Forever Finds Preloved (Pty) Ltd may utilize the User’s personal data and share it with selected third parties to enhance service quality, ensure availability, and further develop the services provided by Forever Finds Preloved (Pty) Ltd.

  • Amending The Terms And Conditions

Forever Finds Preloved (Pty) Ltd reserves the right to modify the Terms and Conditions at any time to enhance the Website’s development and ensure safer use of its services.

Users will be notified of any amendments to the Terms and Conditions through notices, messages, or emails posted on the Website. These changes become effective upon their publication on the Website, with notifications sent to Users accordingly.

By continuing to use the Portal after the amendments take effect, Users confirm their acceptance of the revised Terms and Conditions.

  • Additional Provisions

The legal relationship between the User and Forever Finds Preloved (Pty) Ltd, arising from the use of the Website, is governed by the laws of South Africa.

Both parties will attempt to resolve disputes arising from Website usage through negotiations. If an agreement cannot be reached, the dispute will be addressed by the appropriate legal authority in South Africa, such as the Small Claims Court or Local Magistrates Court, depending on the nature of the case.

Upon acceptance by the User, the Terms and Conditions remain valid for the duration of the legal relationship between the User and Forever Finds Preloved (Pty) Ltd.

The User reserves the right to terminate the legal relationship regulated by the Terms and Conditions at any time, provided all obligations to Forever Finds Preloved (Pty) Ltd and other Users are fulfilled beforehand.

All correspondence and information exchanged between the User and Forever Finds Preloved (Pty) Ltd occur electronically and can be directed to support@foreverfinds.co.za.

In order to be covered by Buyer Protection, all purchases must be made through Forever Finds and the Buyer must make sure not to complete the order by clicking “Item received” unless happily received the item.

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