1.1. You have arrived at our terms and conditions for Stores. These terms and conditions, together with our terms and conditions on our Site, namely: Terms and Conditions of this Site, Bob Pay User Agreement, Billing Statement, the Rating Systems Rules, Listing Policy, Verified User Agreement, Privacy Statement, SMS Terms and Conditions and our Mobile Device Terms and Conditions (the “Site terms and conditions”) form part of this Agreement. These Terms and Conditions referred to above can be found by navigating to the Bob Shop terms.
1.2. This Agreement is a binding agreement between you and Bob Shop. It also sets out some of the terms and conditions governing your Store and the selling of goods, products and services from your Store on this Site, so please read it carefully. Please note that you are required to accept the Site terms and conditions before Bob Shop will open your Store. If you are uncertain, or do not agree with the terms and conditions below or any of the Site terms and conditions, then you should not accept them, which will result in Bob Shop declining your application for a Store.
2.1. Owner of Stores must strive to achieve exceptional “customer service” and ensure that the user’s experience at the Store is highly satisfying for the user and will encourage the user to return to the Store.
2.2. Owners of Stores must employ sound business acumen at all times and conduct themselves and the Stores in an honest, friendly and in a commercially sensible manner and immediately take action to resolve any user complaint or query in an efficient and effective manner.
3.1. There are 3 Store options available as follows:
Option 1 – Basic Store:
Option 2 – Advanced Store:
Option 3 – Premium Store:
4.1. In order to qualify for a Bob Shop Store, you must meet all of the following criteria:
4.1.1. You must be a registered juristic entity such as a company, close corporation or trust and must be registered for VAT;
4.1.2. Your credit record must be positive and free from any faults, judgments or adverse listings and you must have a sound trading history. We reserve the right to carry out an investigation on your trading history with the major credit bureaus and any other source that will enable us to make an informed decision on whether or not to grant you a Store. Acceptance of our terms and conditions provide us with the necessary consent to carry out necessary investigations;
4.1.3. You must have an unblemished track record with Bob Shop and you must have been a Seller for not less than 6 months;
4.1.4. You must be familiar with the manner and way in which Bob Shop operates and you must have accepted all the terms and conditions of Bob Shop that applies to you;
4.1.5. You must have a minimum of 50 positive ratings from Buyers;
4.1.6. Your rating feedback must be 98% positive or higher at all times;
4.1.7. In addition to specific goods or product warranties, you must provide a 30 day warranty on sales from date of payment;
4.1.8. You must offer Bob Pay as a payment option as a minimum payment option and depending on the Store option granted to you, you will be required to offer Bob Pay credit card together with Bob Pay EFT.
5.1. As a prospective Store owner you are required to familiarize yourself with the costs and fees that are applicable in operating a Store. All amounts referred to below are inclusive of VAT.
5.2. The following monthly fees apply to the 3 Store options, which are available (hereinafter referred to as “Store fees”):
5.2.1. Basic Store-R500.00
5.2.2. Advanced Store-R750.00
5.2.3. Premium Store-R1 000.00
5.3. Standard success fees apply as per the fee rate card. Goods or products or services that do not sell will not attract additional fees.
5.4. Enhanced listing options are available to Store owners at an additional cost as outlined in the fee rate card.
5.5. A once-off set-up fee is payable in an amount of R1 000.00.
6.1. Terms and conditions:
6.1.1. Stores must fully comply and adhere to the terms and conditions stated above and below (“the Store terms and conditions”), as well as with all the terms and conditions recorded on Bob Shop website;
6.1.2. Bob Shop reserves the right to make amendments to the Store terms and conditions as well as the terms and conditions recorded on this Site from time to time without notice to the Store owners or its representative and it is therefore the Store owner’s responsibility to keep up to date with any amendments.
6.2. Opportunity granted to Store:
6.2.1. Stores must only sell the goods, products or services through the Store and the Store or its owners are not allowed to solicit sales of the goods, products or services through their own e-commerce platforms, websites or any other channels outside of the Store and Bob Shop process and the Store and its owners are not allowed to provide incentives to Users to purchase goods, products or services outside of the Store or the Bob Shop process;
6.2.2. Stores are not allowed to market themselves whether over the Internet or in print media or any other form of marketing without the express permission of Bob Shop. Any un-authorized use, misuse or abuse of Intellectual Property Rights will be frowned upon by Bob Shop and Bob Shop will act accordingly.
6.3. Product range and sales:
6.3.1. Stores must stock and sell a consistent range of goods, product and services. Any material departure from current goods, products and services must be on notice to Bob Shop before any such new or other goods, products and services may be stocked and sold;
6.3.2. Bob Shop will from time to time set minimum sales targets per month and the Stores must generate a minimum of R1 000.00 per month in success fees as calculated by Bob Shop's fee rate card available on the Site. In order for the Store to generate a minimum of R1 000.00 per month in success fees, the Stores must generate sales of between R20 000 and R30 000 per month;
6.3.3. Stores must maintain a minimum of 10 concurrent listings at any given point in time.
6.4. Ratings:
6.4.1. Stores are required to maintain a positive rating of more than 98% at all times ;
6.4.2. Stores are required to maintain 50 net positive ratings from Buyers at all times;
6.4.3. Bob Shop reserves it’s rights to appoint a Store if it does not have a trading history and consequently will not have positive ratings of more than 98% if the Store is an international or national business concern with a well known reputation and / or brand, amongst other factors that rest within the sole discretion of Bob Shop.
6.5. Customer queries or complaints:
6.5.1. Stores are required to resolve queries and / or complaints of whatsoever nature by Buyers with the utmost of efficiency and effectiveness;
6.5.2. Any queries and / or complaints referred to above that are not resolved by the Store in a manner that is satisfactory to Bob Shop, will cause Bob Shop to intervene and resolve the query and / or complaint;
6.5.3. Bob Shop may refund all or a percentage of the monies that may resolve the query and / or complaint and Bob Shop will claim any such monies that it has paid to the Buyer from the Store.
6.5.4. The Store hereby consents and authorizes Bob Shop to deduct any monies that may be due to the Stores in light of Bob Shop refunding the Buyer and to retain such monies as damages that Bob Shop has suffered.
6.5.5. Bob Shop, in addition to retaining monies may also:
6.5.6. Close the Store and downgrade the Store to the status of a normal Seller on the Site; or
6.5.7. Close the Store with immediate effect;
6.5.8. Proceed against the surety to recover any monies due to Bob Shop as to recover any monies as a result of damages suffered by Bob Shop
6.6. Fees and Payment:
6.6.1. The Store fees are charged monthly in advance on the 1st business day of every month;
6.6.2. All outstanding fees are payable by the 7th of the following month where a Store has been offered terms;
6.6.3. If any fees are not paid on the due date, Bob Shop strictly reserves it’s rights to suspend the Store which will result in all trading activity on the Store ceasing immediately and the Store will be issued with an official notice recording the non-payment and further recording that should payment not be received by Bob Shop within 72 hours of demand, Bob Shop will:
6.6.3.1. Close the Store with immediate effect or
6.6.3.2. Close the Store and downgrade the Store to the status of a normal Seller on the Site; and/or
6.6.3.3. Proceed against the Store and/or the surety to recover any monies due to Bob Shop or to recover any damages suffered by Bob Shop
6.6.3.4. Stores may be reinstated by Bob Shop if payment is received by Bob Shop at the sole and absolute discretion of Bob Shop.
6.7. Suretyship
6.7.1. The surety, by his signature hereto, binds himself in favour of Bob Shop, its successors-in-title and assigns as surety for and co-principal debtor in solidum with the Store for the due and punctual performance by the Store of all its obligations to Bob Shop in terms of this document. The suretyship obligation is an unlimited obligation with regard to any and all present and future indebtedness already incurred or to be incurred by the Store, notwithstanding any agreed limit from time to time.
6.7.2. The suretyship shall remain in full force and effect notwithstanding:
6.7.2.1. Any indulgence, concession, leniency or extension of time which may be shown or given by Bob Shop to the Store;
6.7.2.2. Any amendment/s to this agreement and/or other agreement for the time being subsisting between the parties.
6.7.3. The surety hereby renounces the benefits of the legal exceptions “non causa debiti”, “errore calculi”, “excussion”, “division”, “no value received” and “revision of accounts”, with the meaning and effect of all of which he declares himself to be fully acquainted.
6.7.4. Any judgment, whether formal or informal, in Bob Shop's favour against the Store shall, notwithstanding that the surety has not been joined in the proceedings giving rise to the judgment, preclude the surety from being entitled to dispute the merits of the claim in respect of which the judgment has been granted, in proceedings against the surety.
6.7.5. The surety acknowledges that he/she has been given an opportunity to read through, seek advice and ask questions on the contents of this clause 6.7.
6.8. Warranty of Authority
6.8.1. The signatory warrants, as a material warranty which Bob Shop relies on in entering into this agreement, that he is duly authorized to represent and bind the Store to this agreement, and that he has read and understood each term and condition of this agreement and the Annexures and accepts them as binding on him/her and the Store
6.9. Costs
6.9.1. The Store and the surety shall be liable jointly and severally for all costs incurred by Bob Shop in the recovery of any amounts or the enforcement of any rights which it has hereunder, including collection charges and costs of an attorney and own client scale and costs of counsel as on brief whether incurred prior to or during the institution of legal proceedings if judgment has been granted, in connection with the satisfaction or enforcement of such judgment.
6.10. Termination
6.10.1. The Store is entitled to give Bob Shop 24 (twenty four) hours notice of its intention to close the Store. The Store owner or authorized representative may during a month, terminate the ability to trade as a store, by sending a written notice to [email protected]
6.10.2. Upon receipt of the written request, Bob Shop may at its election agree to accept such notice and close the Store and terminate the Stores business relationship with Bob Shop, alternatively allow the Store to revert to a normal Seller, at Bob Shop's sole discretion.
6.10.3. The Store will not be entitled to any refunds of Store related fees of whatsoever nature in respect of any monies paid to Bob Shop for whatsoever reason if the Store gives notice of its intention to close the Store, whether notice is received prior to the end of the month or during the course of the month. The store fees will still apply for that month and will not be prorated if a seller reverts back to normal selling status during a particular month.
6.10.4. Termination of the Store and the consequent closing of the Store shall not relieve the Store of the obligations imposed upon the Store and the surety by this agreement and the Site terms and conditions, which by the very nature of the obligation are required to survive post termination of this agreement. The Store is required to fulfill and / or deal with any sale in progress, refund, Buyer complaint or query and whatever other issue or item that the Store is required to fulfill and / or deal with.
6.11. Furnishing of Information
6.11.1. The Store and the surety shall forthwith after the conclusion of the signing of this document, furnish Bob Shop with all information and documentation reasonably required by Bob Shop to enable it to comply with its obligations. The Store and the surety warrant that the information given is true and correct in every respect. The Store and the surety undertake to update the information furnished to Bob Shop in order to ensure that the information is accurate and up to date.
6.12. Domicilium and notices
6.12.1. The Store and surety choose their domicilium citandi at executandi (“domicilium”) for the purposes of the giving of any notice, the payment of any sum, serving of any process and for any other purpose arising form this document at their address as set in the Store application form to which this Store terms and conditions are attached. The Store and the surety agree that should any notice be received in terms of the National Credit Act that such notice may be given by pre-paid registered post.
6.12.2. Each of the parties shall be entitled from time to time, by written notice to the other, to vary its domicilium to any other address which is not a post office box or poste restante.
6.12.3. Any notice given and any payment made by any party to any other (“the addressee”) shall be in writing and if:
6.12.3.1. delivered by hand during the normal business hours of the addressee at the addressee’s domicilium for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee at the time of delivery;
6.12.3.2. posted by prepaid registered post to the addressee at the addressee’s domicilium for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee on the 4th day after the date of posting;
6.12.3.3. transmitted by telefacsimile or e mail to the addressee’s telefacsimile or e mail address for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee on the 1st business day after the date of transmission.
6.13. Documentation
6.13.1. Before the Store is opened we require copies of:
6.13.1.1. identity or passport documents of the owner’s of the Stores;
6.13.1.2. certificate of incorporation of company or Close Corporation;
6.13.1.3. Trust Deed
6.13.1.4. Proof of bank accounts
6.13.1.5. FICA documents
6.14. General
6.14.1. All and any business undertaken, including any advice, information or service provided whether gratuitously or not by Bob Shop is subject to the terms and conditions of this agreement and the Site terms and conditions, which Site terms and conditions shall be deemed to be incorporated herein.
6.14.2. We will provide you with a Store only once you have accepted the terms and conditions of this agreement by signing below and once you have fulfilled any other criteria or requirements stipulated by Bob Shop.
6.14.3. Please note that Bob Shop reserves the right to amend the terms and conditions contained in this agreement and the Site terms and conditions.
