Terms of Use

These Terms of Use ("Terms") are a binding agreement between you and PlugAfrika ("PlugAfrika", "the Platform", "we", "us"). They govern your access to and use of the PlugAfrika website, applications and services. By creating an account, ticking the acceptance box at sign-up, browsing, placing an order or otherwise using the Platform, you confirm that you have read, understood and agree to be bound by these Terms, our Privacy Policy, our Returns & Refunds Policy and our Regulated & Consumable Products Policy. If you do not agree, you must not use the Platform.

1. What PlugAfrika is, and is not

PlugAfrika is an online marketplace and technology platform that connects independent third-party sellers ("Vendors") with buyers ("Buyers", "you"). PlugAfrika provides the venue and tools (listings, checkout, payment facilitation, delivery coordination and dispute handling) that enable Vendors to offer and sell their goods.

PlugAfrika is not the seller, manufacturer, importer, distributor or supplier of any product listed on the Platform. Every product is sold to you directly by the Vendor identified on the listing. The contract of sale for any product is concluded between you and that Vendor. PlugAfrika is not a party to that contract of sale. PlugAfrika does not manufacture, produce, own, inspect, test, store (save for transit coordination), endorse or take title to the goods, and does not control the accuracy of Vendor listings.

In facilitating electronic transactions and hosting Vendor content, PlugAfrika acts as an intermediary as contemplated in the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") and relies on the limitations of liability available to intermediaries under that Act.

2. Eligibility and accounts

You must be at least 18 years old (or have the consent and supervision of a parent or legal guardian) and legally able to enter into a binding contract to use the Platform. You must provide accurate, current and complete information and keep your login credentials confidential. You are responsible for all activity that occurs under your account. Notify us immediately of any unauthorised use.

3. Orders, pricing and payment

Prices are shown in South African Rand and, unless stated otherwise, include VAT where applicable and the delivery charge quoted at checkout. Payment is processed by our third-party payment providers. A binding order is formed when payment is successfully authorised and the Vendor accepts the order. PlugAfrika may hold funds in escrow and release them to the Vendor in accordance with our payment and payout processes.

4. Product information, licensing and safety

Product descriptions, images, ingredient lists, claims and compliance information are supplied by the Vendor. The Vendor is solely responsible for ensuring that its products are lawful, safe, correctly labelled and that it holds all licences, registrations, permits and approvals required to sell them (see our Regulated & Consumable Products Policy). This is especially important for consumables, cosmetics, lotions, skincare, hair products, supplements and any product applied to or taken into the body. You are responsible for reading labels, ingredients and instructions, and for satisfying yourself (including seeking medical or professional advice where appropriate) that a product is suitable for you before purchase or use. Individuals can react differently to the same product.

5. Delivery

Delivery is arranged through independent courier partners. Estimated delivery times are indicative only. Ownership and risk in the goods pass to you on delivery.

6. Returns, refunds and consumer rights

Our Returns & Refunds Policy forms part of these Terms and sets out how a return works. In summary:

• you have 7 days from receiving an item to cancel and return it for any reason that is not a fault in the product, which is the cooling-off right in section 44 of ECTA; and
• you have 6 months from receiving an item that is defective, unsafe or not of good quality to choose a repair, a replacement or a refund, which is the period in section 56 of the CPA.

A returned item is inspected. Where an item comes back damaged, incomplete or diminished in value because of how it was handled after it reached you, your refund may be reduced or declined, as section 20 of the CPA allows and as the Returns & Refunds Policy explains. That does not apply to an item that was already faulty or not as described.

Nothing in these Terms limits or excludes any right you have under the CPA, ECTA or other applicable law that cannot lawfully be excluded or limited.

7. Buyer acknowledgements and assumption of risk

By using the Platform you acknowledge and agree that:

• you transact with Vendors at your own election and risk;
• PlugAfrika does not warrant the quality, safety, legality, fitness for purpose or regulatory compliance of any product, and gives no warranty beyond those that cannot be excluded by law;
• any claim relating to a product (including defects, harm, injury, illness, allergic or adverse reaction, hospitalisation, or licensing) is a matter between you and the Vendor and, where the law provides, the producer, importer, distributor or retailer of the product; and
• you will use products strictly in accordance with their labels, warnings and instructions, and discontinue use and seek medical attention if you experience an adverse reaction.

8. Limitation of liability

To the maximum extent permitted by law, and save for liability that cannot be excluded or limited under the CPA, ECTA or other applicable law:

• the Platform and its content are provided "as is" and "as available" without warranties of any kind;
• PlugAfrika, its directors, employees, agents and partners will not be liable for any loss, damage, injury, death, illness, adverse reaction, hospitalisation, cost, penalty or claim of any nature (whether direct, indirect, incidental, special, consequential or punitive) arising out of or in connection with any product sold by a Vendor, any Vendor's acts or omissions, any Vendor's failure to hold a required licence or to comply with any law, or your use of any product; and
• where PlugAfrika is found liable despite the above, its total aggregate liability is limited to the amount you paid for the specific order giving rise to the claim.

This clause does not attempt to exclude liability for a Buyer's death or personal injury to the extent such exclusion is prohibited by law.

9. Indemnity

You agree to indemnify and hold PlugAfrika harmless against any claim, loss or expense arising from your breach of these Terms or your unlawful use of the Platform.

10. Prohibited conduct and content

You must not use the Platform for any unlawful purpose, infringe others' rights, upload harmful code, or attempt to interfere with the Platform's operation or security.

11. Personal information

We process your personal information in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA") and our Privacy Policy.

12. Changes to these Terms

We may update these Terms from time to time. Material changes will be notified through the Platform. Your continued use after a change takes effect constitutes acceptance of the updated Terms.

13. Governing law and disputes

These Terms are governed by the laws of the Republic of South Africa. Disputes are subject to the non-exclusive jurisdiction of the South African courts. Nothing in these Terms limits your right to refer a matter to the National Consumer Commission or another competent body where the law allows.

14. Contact and company details

The Platform is operated by PlugAfrika (Pty) Ltd, registration number 2026/692478/97. Our registered address, directors and contact numbers are set out on our Company information page, which carries the disclosures required by section 43 of ECTA. Questions about these Terms can be sent to support@plugafrika.com.