Terms & Conditions

Local Cart PTY LTD ("LocalCart", "we", "us", "our") operates an online marketplace that allows customers ("you", "your", "customer") to browse, purchase and receive products offered by LocalCart and/or independent third-party vendors ("Vendors") through the LocalCart platform.

The LocalCart platform may include our website, mobile applications, software, payment systems and other digital services we make available from time to time.

By creating an account, accessing or using LocalCart, placing an order or purchasing a product through the platform, you agree to these Terms & Conditions.

If you do not agree with these Terms & Conditions, you should not use the LocalCart platform.

2.1 Creating an account

You may be required to create a LocalCart account before purchasing products.

If you are an individual

You must be at least 18 years old to register for and use a LocalCart account to purchase products.

You must also have the legal capacity to enter into contracts under South African law.

By creating an account, you confirm that you meet these requirements.

If you are a business

Businesses may create a LocalCart business account where this functionality is made available.

The person creating the account on behalf of the business confirms that they have the authority to represent and bind that business.

You warrant that all information supplied to LocalCart about yourself or your business is accurate, complete and up to date.

You are responsible for updating your account information when it changes.

To place an order:

Browse the products available on LocalCart.

Select the product you wish to purchase.

Add the product to your shopping cart.

Proceed to checkout.

Select your delivery or collection option, where applicable.

Select your payment method.

Complete payment.

Receive your order confirmation.

Your order is only considered accepted once payment has been successfully received and LocalCart or the applicable Vendor has confirmed the order.

Adding a product to your cart or wishlist does not reserve the product for you.

Products may sell out, prices may change and promotions may expire before you complete your purchase.

Products available on LocalCart may be:

sold directly by LocalCart; or

sold by independent Vendors operating through the LocalCart marketplace.

Where a product is sold by an independent Vendor, the Vendor's trading name and relevant seller information will be displayed on the product listing or Vendor profile.

Where no Vendor is identified, the product may be sold directly by LocalCart.

LocalCart provides the technology and marketplace through which Vendors can offer products to customers.

Vendors are responsible for the products they list on the LocalCart platform.

This includes responsibility for:

ensuring products are legally permitted to be sold;

ensuring products are available;

providing accurate product descriptions;

providing accurate pricing and product information;

ensuring products meet applicable quality and safety requirements;

supplying appropriate invoices where required;

preparing products for fulfilment;

complying with applicable consumer laws;

complying with LocalCart's Vendor Terms;

informing LocalCart of stock availability;

properly packaging products where applicable; and

fulfilling orders within the required timeframe.

LocalCart may assist with order processing, payment processing, delivery coordination, customer support and other marketplace functions.

The Vendor remains responsible for the products it sells.

Where multiple Vendors offer the same or similar product, each Vendor may determine its own selling price, subject to LocalCart's marketplace rules.

As a result, you may find different prices, discounts, delivery options or promotions for similar products.

LocalCart may display these options to help you compare products and Vendors.

We aim to ensure that product descriptions, images, specifications, availability and prices displayed on LocalCart are accurate and current.

However, errors may occasionally occur.

Product images may also differ slightly from the physical product due to photography, lighting, screen settings or manufacturer changes.

If LocalCart or a Vendor discovers a material error in a product listing, including an incorrect price, description or availability status, we may contact you regarding the error.

Where permitted by law, an affected order may be cancelled and any amount paid for the affected item will be refunded.

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

The price payable for a product will be the price displayed at checkout before you complete payment, subject to applicable law and any clearly disclosed promotional terms.

Prices may change from time to time.

A price displayed on LocalCart does not necessarily remain available indefinitely.

Where applicable, prices may include VAT.

Any additional delivery, service or other charges applicable to your order will be displayed before you complete payment.

LocalCart and/or Vendors may offer discounts, coupons, promotional campaigns or special deals.

Each promotion may have its own terms and conditions.

These may include:

minimum purchase requirements;

limited quantities;

specific products or categories;

expiry dates;

customer eligibility requirements; or

limits on the number of times a promotion may be used.

Promotions may end when the allocated promotional stock has been exhausted or when the stated promotional period ends.

LocalCart or a Vendor may offer products as part of a bundle.

A bundle may consist of several products sold together at a discounted price.

Where a bundle is sold as one combined product, the displayed bundle price applies to the complete bundle.

The terms of the applicable bundle will be displayed on the relevant product page or at checkout.

LocalCart or the applicable Vendor may cancel an order or individual item where permitted by law.

Examples may include:

the product is unavailable;

the Vendor cannot fulfil the order;

payment is unsuccessful;

there is a material error in the product listing;

the product was incorrectly priced;

suspected fraud or payment abuse;

suspected misuse of a LocalCart account; or

circumstances beyond LocalCart's reasonable control.

Where an order or item is cancelled after payment has been received, LocalCart will process an appropriate refund in accordance with applicable law and the applicable payment method.

Customer cancellations

You may cancel an order where the cancellation option is available through your LocalCart account or where cancellation is permitted under applicable law.

Once a cancellation has entered processing or fulfilment, it may not be possible to stop the cancellation or delivery process.

You must pay for your order using one of the payment methods made available by LocalCart at checkout.

You confirm that you are authorised to use the selected payment method.

Payment must be successfully authorised before an order can be processed.

LocalCart may use third-party payment service providers.

When you choose a particular payment method, you may also be subject to that payment provider's terms and conditions.

LocalCart does not store payment credentials except where lawfully permitted and necessary for the operation of the relevant payment service.

LocalCart takes reasonable measures to maintain the security of its platform.

However, no online system can be guaranteed to be completely secure.

You must immediately notify LocalCart if you believe:

your account has been compromised;

someone has accessed your account without permission;

your login credentials have been stolen; or

an unauthorised transaction has occurred.

You should also immediately take appropriate steps to protect your payment account or card.

LocalCart may offer delivery to selected areas within South Africa.

Available delivery options will depend on:

your location;

the Vendor;

the product;

product size or weight;

availability of delivery services;

the delivery provider; and

other operational factors.

The available delivery options and applicable charges will be displayed at checkout where possible.

Delivery fees may apply to an order.

The applicable delivery fee will be displayed before you complete your purchase.

Delivery fees may vary depending on:

delivery location;

order size;

product category;

delivery speed;

Vendor;

courier or logistics provider; and

promotional offers.

LocalCart may change delivery charges from time to time.

Estimated delivery dates or timeframes may be displayed on product pages or at checkout.

Delivery estimates are not necessarily guarantees.

Delivery may be affected by:

Vendor processing times;

courier delays;

public holidays;

weather;

traffic;

incorrect delivery information;

unavailable recipients;

stock availability; or

circumstances outside LocalCart's reasonable control.

If there is a significant delay, LocalCart or the applicable Vendor may contact you.

You are responsible for providing an accurate delivery address and appropriate contact information.

You may authorise another person to receive your order on your behalf.

Where an order is delivered to the address supplied by you and accepted by you or an authorised recipient, the order may be regarded as delivered, subject to your rights under applicable law.

You should inspect your order as soon as reasonably possible after delivery.

LocalCart will maintain a separate Returns and Refunds Policy describing the process for returning products and requesting refunds.

Your statutory rights under South African law remain unaffected.

Where a product is defective, incorrect, damaged or otherwise does not comply with applicable consumer requirements, you may have rights to a repair, replacement, refund or other remedy depending on the circumstances.

The Consumer Protection Act establishes consumer protections and standards applicable to consumer transactions in South Africa.

Where you purchase a product from an independent Vendor, that Vendor is responsible for fulfilling its obligations relating to the product.

This includes ensuring that the product:

matches its description;

is available for sale;

complies with applicable laws;

is properly packaged where required;

is of the required quality; and

is not counterfeit or unlawfully sold.

LocalCart may assist in resolving disputes between customers and Vendors.

Nothing in these Terms is intended to remove rights that cannot legally be excluded.

LocalCart operates as a marketplace and may charge Vendors a commission for transactions generated through the LocalCart platform.

Unless otherwise agreed in writing with a Vendor, LocalCart's standard marketplace commission is:

20% of the applicable qualifying sale amount.

The applicable Vendor agreement may specify how commission is calculated, including treatment of:

discounts;

refunds;

cancellations;

delivery charges;

promotional contributions;

taxes; and

other applicable transaction adjustments.

LocalCart may introduce different commission structures, promotional rates or commercial arrangements for particular Vendors or categories.

The applicable Vendor agreement will govern where it differs from the standard commission structure.

Subject to LocalCart's Vendor Terms, Vendors may request payment of amounts due to them on either a:

daily basis; or

weekly basis.

LocalCart may delay or withhold a payout where reasonably necessary to:

investigate suspected fraud;

resolve a customer dispute;

process a refund;

account for cancelled transactions;

comply with applicable law;

address payment reversals or chargebacks; or

verify Vendor information.

Additional payout conditions may be included in the Vendor agreement.

Where LocalCart offers gift vouchers, the applicable voucher terms will be displayed when the voucher is purchased.

Unless otherwise stated:

vouchers may only be redeemed through LocalCart;

vouchers may be used for eligible purchases;

vouchers may not be exchanged for cash;

vouchers may not be resold;

vouchers may be subject to an expiry date; and

additional conditions may apply.

LocalCart may refuse or cancel a voucher where there is evidence of fraud, misuse or unlawful activity, subject to applicable law.

LocalCart may provide customers with promotional coupons.

Coupons may:

apply to specific products;

apply to specific categories;

provide a percentage discount;

provide a fixed Rand discount;

require a minimum order value; or

be available only for a specified period.

Unless otherwise stated, only one promotional coupon may be used per order.

Coupons cannot be exchanged for cash.

LocalCart may cancel or refuse a coupon where it has been misused, obtained fraudulently or used contrary to its terms.

You are responsible for keeping your LocalCart username, password and other account credentials confidential.

You must not:

share your password unnecessarily;

allow unauthorised persons to use your account;

attempt to access another person's account;

create accounts using false information; or

use another person's identity without authorisation.

You must notify LocalCart promptly if you suspect unauthorised access.

LocalCart may suspend, restrict or terminate an account where permitted by law if:

you breach these Terms;

you engage in fraudulent activity;

you misuse the platform;

you provide materially false information;

you abuse promotional offers;

you interfere with platform operations;

you engage in unlawful conduct; or

continued access presents a security or operational risk.

Where appropriate, LocalCart may provide notice and an opportunity to resolve the issue.

Account suspension or termination will not remove rights or obligations that arose before termination.

You agree not to:

interfere with the operation of LocalCart;

introduce malicious software;

attempt to gain unauthorised access to LocalCart systems;

use automated systems to scrape or copy platform content without permission;

reproduce LocalCart content without authorisation;

impersonate another person;

use the platform for unlawful purposes;

upload defamatory, discriminatory, threatening or unlawful content;

manipulate reviews or ratings;

engage in payment fraud;

abuse promotions; or

use LocalCart to facilitate unlawful transactions.

LocalCart owns or has lawful rights to use the LocalCart name, branding, logos, website design, software and other platform content, unless otherwise indicated.

Vendor and third-party content may belong to the applicable Vendor or third party.

You may use LocalCart only for legitimate personal or business shopping purposes.

You may not copy, reproduce, distribute, modify, sell or commercially exploit LocalCart's intellectual property without written permission.

Customers may be given the opportunity to submit:

reviews;

ratings;

photographs;

comments;

questions; and

other content.

You must ensure that anything you submit is truthful and does not:

infringe another person's rights;

contain unlawful material;

contain hate speech;

contain threats;

contain malicious software;

impersonate another person; or

deliberately mislead other customers.

LocalCart may remove content that violates these Terms or applicable law.

Reviews and other user-generated content represent the views of the person who submitted them and not necessarily those of LocalCart.

We aim to keep LocalCart available and operational.

However, the platform may occasionally be unavailable because of:

maintenance;

technical problems;

upgrades;

cybersecurity incidents;

telecommunications failures;

third-party service interruptions; or

circumstances outside our reasonable control.

LocalCart may modify, suspend or discontinue parts of the platform where reasonably necessary.

We work to ensure that information displayed on LocalCart is accurate.

However, errors may occur.

These may include errors relating to:

product descriptions;

photographs;

prices;

stock availability;

delivery charges;

promotional information; or

estimated delivery dates.

Where a material error affects an order, LocalCart may take reasonable steps to correct the error and, where appropriate, contact you.

Your statutory consumer rights remain unaffected.

LocalCart may rely on third parties to provide services including:

payment processing;

courier services;

hosting;

technology services;

communication services;

identity verification; and

customer support.

Those third parties may have their own terms and privacy policies.

LocalCart will take reasonable steps to work with reputable service providers.

LocalCart may collect and process personal information necessary to operate the platform.

This may include information such as:

your name;

contact information;

delivery address;

account information;

transaction information;

device information; and

other information required to provide our services.

LocalCart will process personal information in accordance with applicable privacy laws and its Privacy Policy.

The Protection of Personal Information Act 4 of 2013 establishes requirements governing the processing and protection of personal information in South Africa.

For more information, please see our:

LocalCart Privacy Policy

[INSERT PRIVACY POLICY LINK]

By using LocalCart, you agree that we may communicate with you electronically where permitted by law.

This may include:

order confirmations;

delivery updates;

account notifications;

payment notifications;

customer service communications;

security notifications; and

promotional communications where you have consented or where otherwise permitted by law.

Electronic transactions are subject to applicable South African electronic-commerce legislation, including the Electronic Communications and Transactions Act 25 of 2002.

We want LocalCart to provide a safe shopping environment.

You should:

carefully review product information;

check Vendor information;

protect your account credentials;

use secure payment methods;

avoid sharing passwords;

report suspicious activity; and

contact LocalCart if you believe an order or account has been compromised.

To the extent permitted by law, LocalCart will not be responsible for losses caused by circumstances outside our reasonable control.

This may include:

internet failures;

telecommunications failures;

courier delays;

Vendor failures;

inaccurate information supplied by customers;

unauthorised access resulting from compromised customer credentials; or

events beyond LocalCart's reasonable control.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under South African law.

LocalCart will not be responsible for delays or failures caused by circumstances beyond our reasonable control.

These circumstances may include:

natural disasters;

severe weather;

fires;

floods;

strikes;

civil unrest;

government action;

telecommunications failures;

widespread technology failures;

cyber incidents;

pandemics; or

other events beyond our reasonable control.

Our first priority is to resolve customer issues quickly and fairly.

If you experience a problem with an order, product, Vendor or LocalCart service, please contact our Customer Support team.

Customer Support: [INSERT EMAIL]

Please provide:

your order number;

relevant product information;

a description of the issue; and

any supporting photographs or documents where relevant.

We will investigate the matter and attempt to resolve it.

These Terms are governed by the laws of the Republic of South Africa.

Nothing in these Terms prevents a consumer from exercising any rights or remedies available under applicable South African law.

Where a dispute cannot be resolved through our customer support process, the parties may use any appropriate dispute-resolution mechanism available under South African law.

LocalCart may update these Terms from time to time.

When we make material changes, we may publish the updated Terms on the platform and indicate the date on which they take effect.

Your continued use of LocalCart after updated Terms become effective constitutes acceptance of the updated Terms, to the extent permitted by law.

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 lawful and enforceable where possible.

The remaining provisions will continue to apply.

If LocalCart does not immediately enforce a right under these Terms, this does not mean that LocalCart has permanently waived that right.

LocalCart may enforce its rights at a later date.

You may not transfer your rights or obligations under these Terms to another person without LocalCart's written consent, except where permitted by law.

LocalCart may transfer or assign its rights and obligations where reasonably necessary in connection with a restructuring, merger, acquisition, sale of assets or other legitimate business transaction, subject to applicable law.

Legal notices to LocalCart must be sent in writing to:

Local Cart PTY LTD

Registered Address: [INSERT ADDRESS]

Email: [INSERT LEGAL EMAIL]

LocalCart may update its legal notice details by publishing updated information on the platform.

Where permitted by law, LocalCart may send notices to the email address or other contact details associated with your account.

The agreement between you and LocalCart may include:

these Terms & Conditions;

the LocalCart Privacy Policy;

the LocalCart Returns & Refunds Policy;

the LocalCart Vendor Terms;

applicable promotional terms;

payment terms displayed at checkout; and

other policies expressly incorporated into these Terms.

If there is a conflict between these documents, the applicable document will take precedence to the extent expressly stated.

Registered Name: Local Cart PTY LTD

Trading Name: LocalCart

Main Business: Online Marketplace / E-commerce

Country: South Africa

Website: [INSERT WEBSITE]

Customer Support: [INSERT EMAIL]

Legal Notices: [INSERT LEGAL EMAIL]

Registered Address: [INSERT REGISTERED ADDRESS]

Company Registration Number: [INSERT CIPC NUMBER]

VAT Number: [INSERT VAT NUMBER IF APPLICABLE]

By creating an account, placing an order or using LocalCart, you confirm that:

you have read these Terms & Conditions;

you understand how LocalCart operates;

you understand that some products may be supplied by independent Vendors;

you agree to comply with these Terms;

the information you provide is accurate; and

you understand that your statutory rights under applicable South African law are not excluded by these Terms.