BikeBay
Publish your ad for free

Terms & Conditions

Terms & Conditions

Our Website By BikeBay Commercial Team'

 

General Information

BikeBay.co.za is a website operated by BikeBay CC (Reg 2006/040937/23). BikeBay.co.za is also referred to as "the Site".

BikeBay CC is also referred to as ‘BikeBay’.

By completing the BikeBay Retail Assist Application Form you agree to the terms and conditions set out below. Any visitor to the website who does not agree with these terms must leave the site immediately.

BikeBay reserves all rights to alter the terms and conditions as set out below at its discretion. Each time you use the Site, it is your total responsibility to be aware of our current terms and conditions.

‘Seller’ means an individual person, an entity or a company that has products or services advertised on BikeBay.

‘Private Seller’ means an individual person that has products or services advertised on BikeBay.

‘Retailer Seller’ or ‘bike store’ means a Seller who chooses the retailer classified products within the Site. A retail Seller must be based in South Africa, registered with Companies and Intellectual Property Commission CIPC, conduct a business of selling products or services operated from retail premises.

‘Merchant’ is otherwise known as BikeBay.co.za.

A ‘buyer’ is a person who is seeking to purchase products from a private Seller or retailer who advertises on BikeBay.

 

The Site

The Site is an online advertising medium / marketspace where potential buyers use the website to purchase all cycling things from sellers who make use of BikeBay.co.za.

The Site is an online advertising medium / marketspace for bicycles, bicycle parts & accessories, and other cycling related goods. BikeBay will reject product listings that are not relevant to these areas of interest and reserves the right to cancel such adverts, without notice and without refunds.

 

Advertisements

All product listings must be cycling related and fall within the BikeBay.co.za search criteria.

Any fees paid to BikeBay to place an advertisement on the Site do not grant you exclusive rights to any web page on the Site.

All advertisements placed on the Site must be prepaid, unless stated otherwise or prearranged with an authorised representative of BikeBay.

When submitting information to the Site, you assign all copyright of that information to BikeBay. If you submit information to the Site that is not yours in copyright, it is your responsibility to gain permission from the original owner of that information.

Your BikeBay advertisement may only include text descriptions, graphics, pictures and other content relevant to the sale of that item.

Any phone numbers you provide for advertisement must be yours or you must have permission to use them.

BikeBay reserves the right to verify the availability of items offered for sale and to verify the information contained in any advertisement. You agree that BikeBay may access your records and systems and/or contact you for the purposes of verification or clarification. You agree to provide such additional information as BikeBay reasonably requires. Failure to comply may result in your service being suspended or cancelled.

Retailer advertisements must be “classified in nature”. Blanket advertisements such as “25% off all clothing” are considered to be generic advertising and are not allowed within the classified section of BikeBay.co.za. Failure to comply may result in your service being suspended or cancelled.

All advertisements placed by retailers must be in stock and or available for purchase. Failure to comply may result in your service being suspended or cancelled.

To submit a private advertisement, you must be a private advertiser, submit completed appropriate BikeBay forms and, if applicable, pay in full all relevant fees.

By making use of the BikeBay Retail Assist platform the bike shop irrevocably presents BikeBay (or BikeBay Pre-Owned) the first right of refusal for the sale of all used bicycles traded-in or any used bicycle which becomes available for sale.

 

Consumer Information

Currency

All transactions are processed in ZAR - South African Rand.

Shipping and Delivery Policy

Consumer Purchases

The click and collect feature on BikeBay enables the customer to get in touch with the bike store and then collect in-store at their convenience. It is the customer's responsibility to ensure they have the correct bike store address and that they have correctly provided their details (including their contact details). Bike shops are recommended to request customers to present current photo Identification and a receipt of the purchase. BikeBay will not be held responsible for goods released by bike stores incorrectly or without assuring payment has been received.

The BikeBay Retail Assist model is not a online store. Bike Shops are to take full responsibility for the transacting of sales and the advertising of stock, quantity, sizes, make, model, descriptions and specifications.

 

Private Sellers’ Obligations

All advertisers on the Site must comply with the South Africa laws and regulations that apply to fair trading.

Advertisers or Sellers on this Site must not post / submit illegal content to this Site and must not use derogatory terms to describe their product/s on this Site. Any advertiser or Seller who submits such content may be reported to the proper authorities. BikeBay reserves the right to immediately cancel and remove, without notice or refund, from the Site, any advertisement which is deemed by BikeBay to contain illegal content and or derogative terms.

Advertisers and Sellers shall not use this Site to promote any other Site or products outside the services provided on this Site.

All Private Sellers submitting product listings to the site must in fact be a private seller and any indication that a private product listing is listed for commercial gain will be immediately removed without notice or refund. Private sellers must be legally able to sell advertised products. It is the Private Seller’s obligation to notify BikeBay upon the sale of the item in their advertisement.

Sellers must not use any BikeBay.co.za facilities available on the Site for any activities or to transmit information which could; defame, harass, threaten, menace or offend any person including information that could infringe a third party's rights (including intellectual property rights, rights of privacy or their trade secrets) or is inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, illegal in South Africa, defamatory or confidential, is false, misleading inaccurate or deceptive, is discriminatory in breach of anti-discrimination legislation, or which identifies a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority.

Sellers must not knowingly transmit any virus, worm, Trojan Horse or any other disabling features to or from BikeBay.co.za.

 

Bike Stores and Retail Sellers’ Obligations

All advertisers on the Site must comply with the South Africa laws and regulations that apply to fair trading.

BikeBay withholds the right to terminate or refuse use or access to the website.

By making use of the BikeBay Retail Assist platform the bike shop irrevocably presents BikeBay (or BikeBay Pre-Owned) the first right of refusal for the sale of all used bicycles traded-in or any used bicycle which becomes available for sale.

By becoming an advertiser or retail Seller on this Site, you acknowledge that BikeBay

Advertisers or Sellers on this Site must not post / submit illegal content to this Site and must not use derogatory terms to describe their product/s on this Site. Any advertiser or Seller who submits such content may be reported to the proper authorities. BikeBay reserves the right to immediately cancel and remove, without notice or refund, from the Site, any advertisement which is deemed by BikeBay to contain illegal content and or derogative terms.

Advertisers and retail Sellers shall not use this Site to promote any other Site or products outside the services provided on this Site.

Sellers must be legally able to sell advertised products. It is the Seller’s obligation to notify BikeBay upon the sale of the item in their advertisement.

Sellers must not use any BikeBay.co.za facilities available on the Site for any activities or to transmit information which could; defame, harass, threaten, menace or offend any person including information that could infringe a third party's rights (including intellectual property rights, rights of privacy or their trade secrets) or is inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, illegal in South Africa, defamatory or confidential, is false, misleading inaccurate or deceptive, is discriminatory in breach of State or Commonwealth anti-discrimination legislation, or which identifies a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority.

Sellers must not knowingly transmit any virus, worm, Trojan Horse or any other disabling features to or from BikeBay.co.za.

 

Bike Store/Retailer Payment Terms and Conditions

Bike Store/Retailer Payment Terms and Conditions

A promotional flat fee of R1,850 exclusive of VAT will be charged monthly.

Payments will be charged monthly to customer accounts based on the original purchase date. Payment need to be made in order to attain approved Business user status.

Once the minimum term has passed Bike Bay CC will continue to charge the customer’s account until Bike Bay CC is notified in writing, giving one month’s notice, to cancel the service. By agreeing to the terms and conditions, you have authorised BikeBay to arrange for funds that may from time-to-time become due to BikeBay under your account. These funds will be debited from your nominated account in amounts and at intervals as advised by BikeBay to your financial institution.

BikeBay will give you at least 14 days notice in writing of any changes to the terms and conditions of the credit card payment structure. This notice will state the new amount, frequency, next charging date and any other changes to the terms.

Unless agreed with you otherwise, your account details will be kept confidential except that information may be provided to your financial institution to initiate the drawing or charging to your nominated account or in connection with a claim of alleged incorrect or wrongful withdrawal/charging.

All fees listed on BikeBay.co.za are inclusive of VAT.

Cancellation of retail account subscription will incur a penalty of one month’s subscription from the date the written notice is received. Service to your BikeBay.co.za account will still be maintained during this time period and deactivated the day prior to the subsequent billing date.

Copyright

All content, graphics and programming codes on the Site are and will always remain the intellectual property of BikeBay and is protected by South Africa and International copyright laws.

Authenticity

BikeBay makes no warranties of the authenticity of its advertisers or users on the Site.

 

How our Fees work for Value Enquiries

A promotional flat fee of R1,850 exclusive of VAT will be charged monthly.

BikeBay withholds the right to change fees at its discression with 30 days notice to users.

 

General Terms and Conditions

BikeBay will not permit data mining of any of the content on this Site in anyway. BikeBay will not permit the use of the site to send anything which could be considered as spam, or bulk electronic messaging.

Some information on the Site may be derived from external sources (including you). BikeBay does not endorse or warrant the accuracy of the editorial or advertising data or accept any liability for inaccuracies or omissions of this information. Content on the Site does not imply a BikeBay endorsement of such information.

If you are the subject of an interview and/or article and/or feature and/or video of any sort that appears on BikeBay, you accept that copy is prepared with editorial integrity and that BikeBay’s word is final in terms of the information included and omitted. You also accept the possibility that editorial errors can occur. In such a case, BikeBay will make every effort to amend errors as soon as they are brought to our attention, but we will not ultimately be held liable for any adverse consequence.

If you supply images to BikeBay to accompany the interview/article/feature/video, you effectively sign over publication rights and enable BikeBay to use this material for wider marketing initiatives, including Electronic Database Mail, advertising, etc. BikeBay assumes you have the rights to these images in the first place, and assumes no liability should this not be the case.

Information contained in the ‘Community’ section of the Site does not constitute recommendations or advice relating to the suitability of a riding/training/racing technique, product or service, to satisfy an individual’s particular circumstances. BikeBay strongly recommends you seek independent advice, medical or otherwise before acting upon material on the Site.

The content of BikeBay.co.za is for general information purposes only and is not to be taken as directives or instructions from BikeBay.co.za. Cycling is a potentially dangerous recreational activity. Participation is done entirely at the risk of the rider. BikeBay accepts no liability or responsibility for injury, loss, damage or death however caused.

Hyperlinks to other Sites contained within BikeBay.co.za are not maintained or controlled by BikeBay. These third party hyperlinks are provided as a reference solely for the convenience of the Site users. As a result BikeBay makes no warranties about third party Sites, nor does BikeBay accept responsibility for or endorse content or use of these Sites. If you enter a third party Site from BikeBay.co.za, you do so at your own risk.

BikeBay may withdraw or alter the material you send us if BikeBay deems it to be inappropriate, incorrect nor not in keeping with BikeBay’s style and tone of language.

For transactions in relation to Private Sellers, BikeBay will in no way be involved. Buying or selling a product from a Private Seller via this Site is the total responsibility of the user, buyer or Seller. If BikeBay does not act in relation to a breach of any of these terms & conditions, this is not to be interpreted as a waiver of these terms & conditions and BikeBay’s rights to it. BikeBay will endeavour to display your advertisements in a similar fashion as submitted by you. However BikeBay makes no guarantees regarding placement or content of advertisements displayed on the same page as your advertisement.

BikeBay can place third party advertisements on any web page of the Site.

BikeBay reserves absolute editorial control of advertisements and all content on the Site. BikeBay may terminate, limit or refuse to publish advertisements if BikeBay reasonably deems it necessary, not in the best interests of the Site or to be offensive or inappropriate for publication and BikeBay reserve the right to limit/cancel your access to the BikeBay.co.za Site if BikeBay deems it necessary.

BikeBay and you are independent. No contractor, agency, partnership, joint venture or employment relationship is created by these terms.

 

Privacy

In order for you to register as a Seller BikeBay needs to collect some personal information. This information may be used for certain follow up services provided by BikeBay.co.za. Other than personal information which you send to us for inclusion on your advertisement, BikeBay does not disclose your information to third parties.

An exception applies in relation to the use or disclosure of personal information if required by or under an South Africa law or a court/tribunal order, or if the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.

BikeBay reserves the right to monitor email enquiries.

 

Disclaimer

All reasonable care will be taken whilst compiling BikeBay.co.za content, including advertising content. However BikeBay does not warrant or represent that it is complete, current or free from typographical error, other errors or omissions. Information, software, products, and services may include inaccuracies. BikeBay endeavours to provide continual availability of our services and access to the Site. However access to the Site may not always be possible due to numerous factors including those which are out of our control. BikeBay does not warrant or represent that our services and access to the Site will be timely, continuous, fault free, uninterrupted, secure or virus free.

Bicycles, bicycle parts & accessories, bicycle holidays and bicycle events prices on the Site are provided by bike stores/retailers. BikeBay takes no responsibility for the accuracy of price information or bicycles and bicycle accessories specifications. All prices and product specifications are obtained from featured bike stores/retailers and third parties. BikeBay takes every possible precaution to deliver only accurate information, but cannot be held responsible for information presented by bike stores, retailers and third parties.

BikeBay accepts advertisements in good faith. All such information, software, products and services are provided "as is" without warranty of any kind. BikeBay do not warrant or represent that the services, software or products, advertised on the BikeBay Site will be suitable for any purpose, or that an advertiser has any particular skills, knowledge, qualifications or is legally entitled to carry on a particular business. As a buyer it is your responsibility to verify any information on BikeBay.co.za and to investigate for yourself the condition, quality and suitability of any goods or services advertised on the Site.

BikeBay hereby disclaims all warranties and conditions with regard to any information, software, products, and services, including but not limiting to:

  • ● Warranties and conditions of merchantability;
  • ● Fitness for a particular purpose; and
  • ● Title and non-infringement.

Under no circumstance will BikeBay or its suppliers be liable for any, incidental, direct, indirect, special, consequential or punitive damages arising out of or in any way connected with use of the Site or inability to use the Site or for any products, events, holidays, information, services and software obtained through the Site, or otherwise arising out of the use of the Site, even if BikeBay has been advised of the possibility of damages.

In accepting these terms you agree to indemnify BikeBay and our suppliers, contractors, employees and agents against all claims, costs, demands, damages and liabilities related to use or inability to use the Site.

These terms and dealings with BikeBay are subject to the laws of South Africa.