Glossary of Terms
In these Terms and Conditions, the following words will have the following meanings:
“Contract” means the contract formed between you and us as set out in these Terms and Conditions for the sale, recycling, or return of your textbook, as applicable.
“Textbook” means each prescribed textbook which you wish to buy or sell in accordance with these Terms and Conditions.
“we/us/our” means Textbook Trader.
“Website” includes any other web-services or mobile applications on which you may buy and sell your textbooks.
“Working Day” a day other than a Saturday, Sunday or public holiday in South Africa when banks in South Africa are open for business.
“you/your” means you, the person using the website and selling or buying or recycled as set out in these Terms and Conditions.
If you do not agree with the Terms, please do not use this site or access any services made available through this website.
Use of Textbook Trader
The website is for use by members of the general public only and not by businesses, organisations, co-operatives or traders (whether sole, market or otherwise). If you are a businesses, organisations, co-operatives or traders (whether sole, market or otherwise) you can contact us and seek permission to become an authorised seller. We reserve the right not to pay for any offers received from businesses, organisations, co-operatives or traders (whether sole, market or otherwise) who are not authorised sellers. In such circumstances if we suspect a sale is from a non-authorised seller we will freeze your profile and contact you to discuss further.
By listing your textbook for sale through the website, you are confirming to us that:
By listing your book on the website you agree and expressly warrant that prior to selling your textbooks they have not been copied and you have not made any other type of illegal copy of the textbook that you are selling and furthermore agree and accept to fully indemnify Textbook Trader against any potential action or action(s) whatsoever that may or may not be taken with regard to the sale of
your textbook/s in relation to, but not limited to, copyright and/ or intellectual property that might or may result from the sale of your textbook/s to Textbook Trader.
You may only have one account per person. If you are found to have more than one account, we shall be entitled to immediately terminate your accounts and lists. We may charge you a reasonable administration fee based on the costs incurred by us in doing so together with all courier fees.
If you are found to be abusing or manipulating the website or services we offer, we shall be entitled to recoup our losses from any payments owing on sold textbooks. We shall also be entitled to immediately terminate your accounts and cancel any amounts owing.
Privacy Statement
You acknowledge and agree to be bound by the terms of our Privacy Statement.
The Contract
By clicking ‘Sell My Books’ you are offering to sell your textbook/s to other students for the accepted price as indicated by the system. All textbooks sold are subject to final acceptance by the purchaser, we will confirm the conditional sale to you in writing by sending you an email (Congratulations e-mail) that confirms that your textbook has been sold. Your items should be collected within 7 days (unless otherwise mutually agreed) of receiving this email. After this time has elapsed, your offer may be cancelled and your textbooks will need to be re-listed.
Nothing in these Terms and Conditions shall affect our right to change the prices of the textbook/s.
Offers
For all textbooks, the price on the current site is the final price.
Any prices that we provide to you are based on the new book prices, courier costs and site commission. You must only use the website’s prices for textbooks that you own and are considering selling to others.
Your Cancellation Rights
If you do wish to cancel, please contact us and tell us in writing that you want to do so within 24- hours after receiving our “Congratulations” email. Please contact us at info@textbooktrader.co.za.
If you inform us that you no longer wish to sell a book/s, we will remove the relevant textbook/s from our system so that we know you will not be sending your textbook/s. In those circumstances, you will not be entitled to any payment from us whatsoever.
Cancellation by Us
We reserve the right to cancel or amend the contract between us if:
If we do cancel your contract, we will notify you by e-mail.
If the cancellation is due to our error, we will send items back to you at our expense.
If the cancellation is due to us receiving additional items, items that fail our Item Condition Guidelines / Quality Checks you will be informed of this by email and given 5 working days to arrange a collection / pay for the return of the items. If we do not hear from you within 5 working days, the items that fail our Item Condition Guidelines / Quality Checks will be recycled by us in a responsible manner and you will not be paid for them.
Responsibility and Title
The ownership of the textbook transfers to the buyer as soon as they receive the textbook at their address as delivered by the relevant courier.
Restrictions
The Delivery Services may only be used for textbooks that you are selling using Textbook Trader. You may not use these Delivery Services for any other items or purpose.
We and our delivery partners accept no liability whatsoever for any losses or harm arising from carriage of any restricted items provided by or on behalf of you.
Should you (knowingly or unknowingly) attempt to require or require us or our carriers to carry any items or handle any other items as detailed, we and our chosen carriers shall be under no liability whatsoever in connection with those items, howsoever arising.
Problems with Packages
It is your responsibility to obtain a receipt from the carrier and retain this for tracking purposes. If you cannot provide a valid receipt for the package you wish to claim for then we may not be able to claim for any loss or damage to your package.
It is your responsibility to ensure the correct goods are sent to us. Costs relating to returning packages, together with an administration charge as we feel appropriate will be charged if items other than what is expected are received.
Quality Assessment
Our decision is final where items fail our Quality Assessment. Please note that we are unable to supply photos of rejected items. Our Item Condition Guidelines can be found in the ‘Conditions’ section for further information.
Liability
Both parties shall only be liable under this contract for losses, which are a directly attributable to the relevant breach of contract and liability shall not exceed the amount of the maximum transaction value for either party. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
Any special indirect, punitive, incidental, special or consequential damages relating to your contract with us. This includes but is not limited to direct and indirect loss of profit and loss of income.
While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to trade goods to us on our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you trade.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
The site may contain links to other websites. We are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the site or the service does not imply approval or endorsement of the linked website by us. If you decide to leave the site and access these third-party sites, you do so at your own risk.
Transaction Times
No warranty or guarantee is given as to the time taken to complete the transaction. Textbook Trader will make reasonable endeavours to complete the process in a fair timescale. As guide to helping you understand the timescales involved:
Parcels can take up to 14 working days to arrive. Textbook Trader takes no responsibility for delays in the service provided by our chosen delivery partners.
Payments
We strive to make payment as follows but it cannot always be guaranteed:
Please note that it is the responsibility of the user to ensure that payment details and addresses that are provided are accurate. If as a result of incorrect payment data the payment is made to the wrong party and the money cannot be recovered then the loss is the responsibility of the user. Under such circumstances if payment funds are recovered Textbook Trader reserves the right to make a reasonable administration charge.
Regular communication will be sent via e-mail regarding the progress and status of each order.
Changes to Legal Notices
We reserve the right to change these terms and conditions from time to time and you should look through them each time you use the site.
Law, Jurisdiction and Language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of South Africa. All contracts are concluded in English.
Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected. The failure of Textbook Trader to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.
Third Party Rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
