Terms and Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
TERMS AND CONDITIONS OF USER AGREEMENT OF COLLECTIBLE PATTERNS
- ABOUT THE COMPANY
1.1 Collectible Patterns.com is a virtual buying and selling portal (hereinafter the Portal), which allows logged in users to buy and sell goods and services and open their own e-shop. The word ‘pattern’ herein refers to any and all types of goods sold on Collectible Patterns.com website.
1.2 The portal is managed by Collectible Patterns, Orania, Northern Cape, South Africa info@collectiblepatterns.com
1.3 By registering as a user of the portal (hereinafter User), the User confirms that they have read and agree to the terms and conditions of this User Agreement (hereinafter the Terms and Conditions) and undertake to comply with them.
- USER ACCOUNT
2.1 To use the Portal, the User must register and log in.
2.2 The User keeps the data used for logging in to the Portal confidential and prevents them from becoming known to third parties.
2.3 The User is responsible for all activities that occur on a registered and logged in user account. If there is any doubt about the misuse of the User’s account, a relevant notification must be sent immediately to the address info@collectiblepatterns.com
- HOW DOES COLLECTIBLE PATTERNS WORK?
3.1 The portal allows:
3.1.1 Opening a web store on the Portal;
3.1.2 Selling goods and services on the Portal;
3.1.3 Browsing, saving to favourites and buying patterns from other users;
3.1.4 Communicating with other portal users through private messages;
3.1.5 Sharing the ads of selling patterns on various social media channels.
3.2 Collectible Patterns provides the money deposit service for the performance of sales contracts concluded by the Users in which the Buyer transfers the money to the account of Collectible Patterns via safe payment gateways when making a purchase either via an EFT Payment, by using a credit card.
3.3 It is possible to make purchase and sales transactions in foreign currency and Rands on the Portal.
3.4 Description of the purchase/sales process:
3.4.1 The Buyer finds the pattern/s and makes the payment through an EFT Payment and with a credit card.
3.4.2 The money is transferred to the account of Collectible Patterns;
3.4.3 The Seller sends the patterns to the Buyer via courier, collect or in another manner agreed upon between the Buyer and the Seller;
3.4.4 The Seller confirms the shipping or delivery of patterns to the Buyer via the Portal;
3.4.5 The Buyer confirms the receipt of the patterns through the Portal by rating the Buyer within 48 hours of receiving their delivery; the Buyer confirms via the rating that they are satisfied with the patterns, this completes the purchase, then Collectible Patterns release’s the money, minus commission and payment processing fees to the Seller’s wallet.
3.4.6 Collectible Patterns releases the payment to the Seller’s on a monthly basis and the sales transaction is deemed to be completed.
3.4.7 All payments are made using PayPal or bank account (South African bank accounts) payments on a monthly cycle.
- SERVICE FEES
4.1 User is charged a commission fee of 30% of the total price paid by the Buyer (including delivery);
4.1.1 Opening a shop and adding items to the Portal is free;
4.1.2 If a user cancels the order after the payment, then Collectible Patterns has the right to deduct the commission fee from user’s account before payout;
4.1.2.1 If a user cancels the order in accordance with 8.1.1 (Buyer has the right to return the item) then Collectible Patterns does not deduct the commission fee from user’s account.
4.2 The Seller chooses their own shipping service provider(s) when listing an item on the Portal.
- TRANSACTION SECURITY
5.1 In order to protect the interests of the Users of the Portal, the entire sales process must take place in the Portal environment. The Buyer must use only the payment methods provided in the Terms and Conditions. The Buyer can pay for the goods with an EFT payment, using a credit card/debit card.
5.2 The Portal protects both the Buyer and Seller from potential fraud as follows:
5.2.1 After the purchase is made, the amount paid for the pattern/s is deposited on the account of Collectible Patterns until the Seller has confirmed the shipping or delivery of the patterns by rating the Buyer for that order.
5.2.2 After the pattern/s have been shipped, Collectible Patterns will wait for the Buyer to confirm the receipt of the goods by rating the Seller within 48 hours of receipt of the parcel.
5.2.3 If the Buyer has confirmed the receipt of the patterns by rating the Seller for the corresponding order, Collectible Patterns will release the amount paid for the patterns to the Seller’s Collectible Patterns wallet and release it on a scheduled monthly payout date, usually the 28th of a month.
5.3 In order to avoid any disagreement between Buyer and Seller, we encourage the Seller and Buyer to communicate with each other on the Portal, and before making a purchase, make all relevant queries about the patterns and answer them.
5.4 If your PayPal account has not been set up correctly you will be unable to receive payments. If you are expecting a monthly payment and have not received it, please check your PayPal account is set up correctly (often it’s as simple as verifying your email address) and contact info@collectiblepatterns.com and we will reissue your payment. If your account is under review or has been disabled, payment will not be issued.
- DEADLINES FOR SHIPPING AND RECEIVING PATTERNS AND TRANSFERRING MONEY
6.1 The Seller has up to 7 days from the receipt of the purchase order to ship the goods. In order to confirm the shipping of the patterns, the Seller of the patterns has to notify the Buyer of the Courier and tracking number of their parcel.
6.2 The Buyer has up to 48 hours after receiving the notification of the shipping of patterns to rate the Buyer on the Portal. In order to confirm the receipt of the goods, the Buyer has to rate the Buyer in that order.
6.3 Collectible Patterns will release the payment made by the Buyer to Collectible Patterns deposit into the Seller’s Collectible Patterns wallet after the Buyer confirms the receipt of the goods. All Seller’s receive monthly scheduled payouts into the Seller’s chosen bank account or into their PayPal account. The Seller enters the account or PayPal details where they want the payment for their goods sold to be transferred in the Settings section on the Seller’s dashboard on the Portal. Once a month, on the 26th of each month the payment period ends and a new cycle begins, payments are then automatically calculated for Seller’s that have made sales in that payment cycle. Once the payment calculations are complete we send the Seller’s an email notifying them of the payment they will receive. Payments will then be sent to the Seller’s PayPal or bank account (Bank account details for Sellers who have a South African bank account or PayPal for Seller’s who have bank accounts in any other country besides South Africa) on or around the 28th of the month. The Seller will receive a notification of their payments from PayPal or their bank (South Africa).
6.4 If the Seller has not shipped the patterns within 2 weeks (14 days) from the receipt of the purchase order, or the order has been in the “In-progress” status for over 14 days, then Collectible Patterns has the right to cancel or complete the order respectively.
- DISCLAIMER OF LIABILITY
7.1 Collectible Patterns is not the owner of the patterns sold on the Portal and does not participate in sales, purchases, or other transactions that occur between the Users of the Portal.
7.2 Sales agreements are concluded between the Users of the Portal without the representation and mediation of Collectible Patterns. Users are fully responsible for the execution of their sales agreements.
7.3 Complaints, queries, and claims regarding the patterns on the Platform must be submitted directly to the Seller by using the message system on the Portal. Collectible Patterns is not responsible for resolving any differences between the parties to the sales transaction.
7.4 Collectible Patterns does not expect nor ensure the guarantee of the patterns sold and does not review nor check the quality of the patterns sold or the compliance with the description entered by the User.
7.5 Collectible Patterns is not liable for the truthfulness and lawfulness of the information published by the User on the Portal or for the User’s inappropriate or unlawful behaviour.
- RIGHTS AND OBLIGATIONS OF THE USER
8.1 The User confirms that they are a person with active and passive legal capacity who has the right to make the transactions provided on the Portal.
8.2 When using the Portal, the User undertakes to provide completely correct information, including true data on the quality and condition of the patterns sold, as well as other details which may affect the Buyer’s decision to purchase a pattern.
8.3 To use the Portal, including to make sales transactions, the User undertakes to enter their valid e-mail address to the Portal and be available via e-mail.
8.4 The User undertakes to conduct only legal purchases and sales transactions through the Portal.
8.5 The User undertakes to ensure that their activities do not violate the property rights or moral rights (including intellectual property) of third parties.
8.6 The User undertakes to ensure that their activities comply with laws and other legislation, including legislation regulating consumer protection, competition, and export and import of goods/services.
8.7 The User undertakes to ensure that their activities are lawful and in accordance with good practice. Prohibited actions include:
8.7.1 Intimidation or harassment
8.7.2 Promoting sexually explicit material
8.7.3 Violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, etc.
8.7.4 Publishing personal data or breaching other privacy rights
8.7.5 Sharing or promoting unlawful, false, or inaccurate information
8.7.6 Impolite or repressive activities in chat
8.7.7 Acting and using the site in bad faith
8.8. The User undertakes to ensure that the items uploaded to their shop are done so in accordance with the law and good practice. Prohibited items include:
8.8.1 Medicines, medical devices and healthcare products
8.8.2 Motorised vehicles
8.8.3 Counterfeit items, replicas and unauthorised copies
8.8.4 Drop-shipping
8.8.5 alcohol
8.8.6 Tobacco
8.8.7 Offensive material
8.8.8 Firearms, weapons and military items
8.8.9 Adult only material and nudity
8.8.10 Advertisements
8.8.11 Vouchers, gift cards, digital and non-material goods
8.8.12 Drugs and drug paraphernalia
8.9 The User undertakes to ensure that the item description and the pictures of the item, uploaded to the user’s shops, do accurately describe the item. There should be no information which does not related to the item on sale, this includes advertisement, spam hashtags, spam brands, spam text, directing conversation/sales outside of Collectible Patterns, etc.
8.10 The User, in the role of a Seller, undertakes to ensure that the item fits the parcel of the delivery option made available for the Buyers and is safely packed. Taking full responsibility in case the pattern is broken in transit.
8.11 The User confirms that they are aware that the obligation to declare and pay taxes (including VAT and income tax) on all service transactions lies with the User.
8.12 The User confirms that they are aware of the fact that if third parties gain access to the User’s information technology equipment so that the User is logged into the Portal, third parties may assume obligations that are binding to the User and the performance of which is the responsibility of the User.
8.13 Users are responsible for the execution of their sales agreements. Complaints and queries related to the goods or services to be sold must be submitted directly to the Seller using the Portal’s messaging system.
8.14 When concluding a sales agreement, the Seller undertakes to take back the patterns if the User (Buyer) who made the purchase wishes to, within 7 days from the receipt of the patterns, return the patterns because the pattern/s differ significantly from the description in the sales ad or from the photo of the pattern (see clause 10.2).
- RIGHTS AND OBLIGATIONS OF COLLECTIBLE PATTERNS
9.1 Collectible Patterns is justified, at its own choice, to restrict or revoke the User’s access to the Portal, including changing the information published by the User on the Portal or stop the sale or close their User account and not allow them to re-register as a User if the User:
9.1.1 violates these Terms and Conditions;
9.1.2 has submitted information that is incorrect, misleading, or inaccurate when logging in to the Portal or using the Portal;
9.1.3 knowingly and intentionally disseminates false information on Collectible Patterns website, insults any other User in any way, or acts in bad faith;
9.1.4 the purchase or sales offers entered by the User are in violation of the Terms and Conditions, good manners, or applicable law;
9.1.5 at least three complaints from other Users have been received about the User’s activity.
9.2 At any time, Collectible Patterns is entitled to monitor the activities on the Portal, including the purchase and sale offers made by the Portal Users.
9.3 The Collectiblepatterns.com website and all its contents are copyrighted by Collectible Patterns When uploading copyrighted product photos/sales ads on the website, the User transfers to Collectible Patterns the proprietary rights of the author that apply to the product photos/sales ads. Collectible Patterns has the exclusive right to, in any way, use, permit and prohibit their use, including reproduce, distribute, translate, adapt, add them to collections or databases, or communicate to the public the product photos/sales ads provided by the User.
- RETURN AND CLAIMS OF GOODS
10.1 If the User has a complaint about the service of Collectible Patterns, please contact us at info@collectiblepatterns.com and submit your name and contact details, and briefly describe the content of the complaint. Collectible Patterns will respond to the complaint as soon as possible, but not later than within 5 working days. Returns and refunds are only applicable to physical patterns. There is no return nor refunds offered on any digital patterns whatsoever.
10.2 If the pattern/s differ significantly from the description given in the sales ad or the photo of the product and the Buyer therefore wishes to return the pattern/s to the Seller, the following must be done:
10.2.1 The Buyer must send a message to the Seller, indicating their wish to return the goods, via the Portal within 48 hours of receipt of the patterns, and agree on the place and way of returning the patterns. There is no right of return if it is prohibited by South African law for a particular type of good or service.
10.2.2 The right of return cannot be executed if the Buyer has received the patterns and confirmed their satisfaction with the patterns on the Portal or if more than 48 hours have passed from the receipt of the pattern/s.
10.2.3 The Buyer undertakes to return the pattern/s in the same condition.
10.2.4 The money will remain in the account of Collectible Patterns until the pattern/s are returned to the Seller. The cost of returning the pattern/s is borne by the Buyer, unless the Seller and the Buyer agree upon otherwise.
10.2.5 To confirm the return of the pattern/s, the Seller must, after they have received the pattern/s from the Buyer, notify Collectible Patterns. In this case, Collectible Patterns will return the money to the Buyer’s bank account.
10.2.6 After the order has been cancelled and money returned to the Buyer’s bank account within 1-3 working days.
10.3 After the Buyer and the Seller have agreed upon returning the item, the Buyer must ship the item within 72h, unless agreed upon otherwise.
10.4 In the event of unresolvable disputes between the Buyer and the Seller, Collectible Patterns may assist in resolving the disputes as follows:
10.4.1 To resolve disputes between the Buyer and Seller, it is possible to turn to Collectible Patterns 21 days after submission of the purchase order at info@collectiblepatterns.com
10.4.2 To resolve the dispute between the Seller and the Buyer, Collectible Patterns has the right to request additional information from both parties and to use the information on the Portal about the communication between the Buyer and the Seller, including the content of the messages sent on the Portal.
10.4.3 To resolve the disputes as quickly as possible, the Buyer and Seller undertake to actively cooperate and respond to inquiries made by Collectible Patterns within 48 hours. If one of the parties to the dispute does not cooperate and does not respond to the submitted requests within 48 hours, Collectible Patterns has the right to make a decision in favour of the other party to the dispute.
10.4.4 If the Buyer submits a claim for the purchased pattern/s, the Seller must be ready to prove the shipping of the pattern/s by presenting a document (such as a waybill/proof of shipment) certifying the operation of the selected mode of transport or prove the shipping of the item in another verifiable way. If the Seller fails to prove the shipping of the pattern/s, Collectible Patterns may settle the claim in favour of the other party.
10.4.5 If the Buyer claims that the pattern/s are not in conformity with the description in the sales ad and the Buyer and the Seller do not reach an agreement on the return of the pattern/s, Collectible Patterns will decide, based on the available information, in whose favour the claim is settled.
10.4.6 The decisions to settle a claim may, depending on the willingness of the parties to settle the claim promptly, include:
10.4.6.1 The claim is settled in favour of the Buyer and the money is returned to the Buyer’s bank account within 1-3 days after the respective decision has been made; the prerequisite of the decision is the return of the pattern/s to the Seller and the Seller’s confirmation of receipt of the pattern/s at info@collectiblepatterns.com
10.4.6.2 The claim is settled in favour of the Seller and the money is released to the Seller’s Collectible Patterns wallet right after the respective decision has been made; the Buyer returns the pattern/s of the claim to the Seller.
10.4.6.3 The claim cannot be resolved regardless of the efforts of Collectible Patterns. In this case, the money will remain in the account of Collectible Patterns until the Buyer and the Seller confirm that they have reached an agreement at info@collectiblepatterns.com. If, within 30 days, the Buyer and Seller have not reached an agreement and the respective confirmation is not sent to info@collectiblepatterns.com, Collectible Patterns will decide, based on the available information, the amount of money returned to the Buyer and/or Seller or whether the money will remain in the account of Collectible Patterns.
10.4.6.4 If an agreement is not reached in any of the ways listed above, the User has the right to turn to the National Consumer Commission http://www.thencc.gov.za/ when buying goods or services from an economic or professional trader. If the private Seller operates outside the economic and professional field, the Users can turn to the court to resolve the dispute.
10.5 After resolving disagreements between Buyer and Seller, Collectible Patterns has the right to close the User account, inter alia, if:
10.5.1 The User has not fully cooperated with the complaint process and has not shown willingness to contribute to the resolution of the claim;
10.5.2 It becomes evident that the Seller has confirmed the shipping of the pattern/s but has not actually shipped the pattern/s to the Buyer;
10.5.3 The Buyer has not paid for the pattern/s to be purchased despite the conclusion of the purchase agreement;
10.5.4 The User has filed an unsubstantiated claim against another User or provided false information;
10.5.5 There are repeated complaints about the Seller’s pattern/s.
10.5.6 There is a suspicion of recurrently selling patterns that do not correspond to the description and a suspicion of deliberate fraud.
- PROCESSING PERSONAL DATA AND PRIVACY POLICY
11.1 Collectible Patterns collects only such personal data from the User that arise during the use of the Portal pursuant to the User’s activities on the Portal. Such data is, for example, data in the User’s profile, information provided during the sale of a product, and data saved from all other activities provided on the Portal (saving a product/another User, making a purchase, sending messages, etc.).
11.2 Collectible Patterns has the right to process data that Collectible Patterns has received from the User when logging into the Portal and that Collectible Patterns has asked during the use of the Portal or which is collected about the User when otherwise using the Portal for the purposes and to the extent specified in the Terms and Conditions.
11.3 The User consents to Collectible Patterns processing their personal data for the purposes and to the extent specified in the Terms and Conditions. The User has the right to withdraw the consent at any time, request the termination of the processing of personal data and the deletion or closure of the collected personal data, as well as the closure of the user account. The User can request the deletion or closure of the collected personal data, as well as the closure of the user account by contacting Collectible Patterns at info@collectiblepatterns.com.
11.4 Collectible Patterns uses the User’s personal data to provide, develop, and personalise the Portal’s service.
11.5 Collectible Patterns has the right to use the User’s personal data and transfer them to third parties selected by Collectible Patterns to cooperate with them to ensure the quality and availability of Collectible Patterns services, as well as expand, improve, and otherwise develop the services offered by Collectible Patterns.
- AMENDING THE TERMS AND CONDITIONS
12.1 Collectible Patterns has the right to unilaterally amend the Terms and Conditions at any time due to the development of the Portal and the services offered and in the interest of their better and safer use.
12.2 Collectible Patterns undertakes to notify the User of any amendments to the Terms and Conditions by means of notices, messages, or e-mails published on the Portal.
12.3 Amendments to the Terms and Conditions take effect upon the publication of the corresponding amendment on the Portal, about which the Portal sends a notification to the User.
12.4 The User confirms their acceptance of the amendments to the Terms and Conditions by continuing to use the Portal after the respective amendments become effective.
- FINAL PROVISIONS
13.1 Legal relations between the User and Collectible Patterns arising from the use of the Portal are governed by the laws of South Africa.
13.2 The User and Collectible Patterns will try to resolve disputes arising from the use of the Portal through negotiations. If an agreement is not reached, then depending on the nature of the case, the dispute will be resolved by South African Small Claims Court or Local Magistrates Court.
13.3 The Terms and Conditions are valid upon acceptance by the User and will remain in force during the validity of the legal relations between the User and Collectible Patterns. The User has the right to terminate the legal relations regulated by the Terms and Conditions at any time by fulfilling their existing obligations to Collectible Patterns and other Users beforehand.
13.4 All messages and information between the User and Collectible Patterns are exchanged electronically at info@collectiblepatterns.com.
