The minimum order value for purchasing through the corporate channel is R10,000. For products, the requirement must be for bulk quantities. Vouchers can be generated for any denomination but subject to an initial order of R10,000+.
The corporate channel can be used for product, vouchers or website credit where the organisation requires an invoice. The only accepted payment method  is via Electronic Fund Transfer (EFT)

TERMS & CONDITIONS

  1. WEBSITE T&Cs –  The terms and conditions published on www.takealot.com (“the Website”) from time to time (“Website T&Cs”) do NOT apply to the relationship between Takealot and the Buyer and do not form part of this Agreement (unless otherwise indicated herein).

  2. QUOTES, ORDERS, & SALES – The Buyer may from time to time request from Takealot a quote for certain product types, quantities and prices marketed by Takealot on the Website (“Products”). Unless special prices have been agreed in writing between the parties, Takealot’s standard prices will apply. Based on any written quotation then received, the Buyer may place an Order with Takealot. Within 7 business days of receipt of any such Order, Takealot may send the Buyer its written acceptance or rejection of the Order. Upon such acceptance of an Order (or acceptance of any subsequently modified Order), a binding sale agreement (“Sale”) will arise between Takealot and the Buyer in respect of the Products so ordered.

  3. FIRM SALES – Unless otherwise agreed in writing between the parties in relation to a specific Sale, any Sale concluded between Takealot and the Buyer will constitute a firm Sale which may only be terminated as set out in clause 4 or for breach in terms of clause 11 below. It is acknowledged that, as the Buyer does not constitute a “consumer” for purposes of the Consumer Protection Act 68 of 2008 (“CPA”), and the Sales between Takealot and the Buyer do not occur online via electronic transactions governed by the Electronic Communications and Transactions Act 25 of 2002 (“ECTA’), the CPA and ECTA will not apply to the Sales.

  4. PAYMENT – Notwithstanding the various payment methods available to Takealot’s online shoppers under the Website T&Cs, payment under this Agreement shall be made by the Buyer via electronic funds transfer, without any set-off or deduction whatsoever, into Takealot’s Bank Account within 2 days of conclusion of the Sale. Payment is required in full in advance, before Takealot will process the Sale. Should the Buyer fail to make payment within such 2 day period, Takealot shall be entitled to cancel the Sale immediately on written notice to the Buyer.

  5. PRODUCT PLACEMENT ORDERS

    1. Upon confirmation of receipt of payment by Takealot, in respect of the Sale, the Buyer shall, within 9 Business Hours, create a Takealot user account and/or Order on the Website. Upon checkout, the Buyer shall process the Order payment via Payfast (or such other payment service as directed by Takealot) and submit the Order number to Takealot.

    2. If, for any reason, the Buyer cancels the Sale before creating the Order, the Buyer shall be subject to a cancellation fee, at Takealot’s sole discretion.

    3. Notwithstanding the submission of a quotation or acceptance of an Order, Takealot shall not be held liable for any changes to Product pricing or availability on the Website prior to the receipt of payment and the Order number in terms of clause  5(a) above.

  6. DELIVERY – Delivery will be made to the nominated delivery address of the Buyer (whether a physical or an email address, as applicable), on such dates and within such periods as agreed in any Sale or in terms of any Order placement. Risk in the Products will transfer to the Buyer upon delivery of the Products to it. The Buyer shall be liable for any additional delivery charges set out in the Website T&Cs.

  7. RETURNS, REPAIRS, REPLACEMENTS

    1. Missing, incorrectly delivered, or obviously externally damaged Products must be reported to Takealot within 2 business days of delivery, failing which Buyer is deemed to have received proper delivery of Products in accordance with the relevant Sale. If timeously notified as aforesaid, Takealot will collect the incorrectly delivered and/or damaged Products (where applicable) at its own cost and then, in its election, either replace the damaged and/or missing Products, or refund the Buyer the price paid for such Products, within 10 Business Days.

    2. Defects in Products need to be reported to Takealot within 14 days of delivery, failing which Buyer is deemed to have received the correct Product/s, in accordance with the Sale, and in good working condition. If timeously notified as aforesaid, and the relevant Products are then returned to Takealot for inspection (at Buyer’s cost) within 7 days of reporting the defect, and the allegedly defective Product is found by Takealot or its supplier to indeed be defective, then Takealot will at its election either replace or repair such Product/s or credit Buyer’s account with the full purchase price therefor, as well as reimburse the Buyer for the costs of returning the defective Products to it.

    3. Save as set out above, or as may be otherwise agreed by Takealot, the Buyer shall have no other rights to cancel any Sales and/or return Products, it being recorded for clarity that Takealot’s Refund Policy in the Website T&Cs shall not apply to the Buyer.

  8. VOUCHERS

    1. Where the Products are pre-paid shopping vouchers for the Website (whether in physical or electronic form) (“Vouchers”), the Buyer shall only be entitled to use them for its own use or distribute them for no consideration to third parties (the “End Users”).

    2. In accordance with the CPA, Vouchers shall be valid for a 3 year period from the date of delivery and subject to a non-refundable administration fee.

    3. The Buyer shall ensure that each End User is made aware of his/her Voucher’s expiry date and ensure that the manner in which the Vouchers are distributed by it shall be in compliance with all applicable laws, including the CPA. The Buyer hereby indemnifies Takealot from any loss, expense or damage suffered or third party claims made against it which arise from or in relation to a breach by the Buyer of its obligations as set out in this clause 8,  including those resulting from the Buyer having accepted any consideration from anyone in exchange for a Voucher (directly or indirectly) and/or for failing to refund that person when legally obliged to do so.

    4. The redemption of Vouchers shall be subject to the Voucher-specific terms and conditions contained on the Website. Takealot shall have no obligation to ensure that the person attempting to redeem a Voucher on the Website is in fact the lawful recipient of such Voucher.

    5. In the event and/or suspicion of a Voucher redemption error or misuse (“Voucher Abuse”), the Buyer shall report to Takealot in writing as soon as possible and (if necessary) submit a formal request for information relating to the Voucher Abuse. Takealot shall within 14 Business Days disclose to the Buyer any relevant information in connection to the Voucher Abuse.

  9. DIGITAL CONTENT – Notwithstanding anything to the contrary contained in this Agreement, the Products available to Buyers under this Agreement do not include digital content such as eBooks or eMagazines (“Digital Content”). Consequently, should the Buyer wish to purchase any Digital Content from Takealot, the Buyer must either purchase same directly via the Website in accordance with the Website T&Cs, alternatively purchase Vouchers in accordance with the terms of this Agreement (including clause 8 above), and then redeem such Vouchers against the purchase of the relevant Digital Content via the Website in accordance with the Website T&Cs.

  10. MODIFICATION OF TERMS – You agree that Takealot is entitled to change the terms of this Agreement at any time, provided that Takealot will give you at least 30 days’ prior written notice thereof. Your continued submission of Orders after the expiry of such notice period will constitute your acceptance of the amended terms. If you do not agree with any such changes, you should not continue to submit Orders, and are entitled to terminate the Agreement in accordance with 13 below.

  11. BREACH - If either party (“Defaulting Party”) commits a material breach of this Agreement or any Sale and fails to remedy such breach within 14 days after having received written notice from the other Party (“Innocent Party”) calling upon the Defaulting Party to so remedy, then the Innocent Party shall be entitled, at its discretion and without prejudice to any other remedies it may have in law or under this Agreement, to either cancel the relevant Sale and/or this Agreement as a whole, or to claim specific performance of the terms of the Sale and this Agreement, and in either case, to recover damages it may have suffered by reason of the Defaulting Party’s breach.

  12. DISCLAIMER & LIMITATION OF LIABILITY - Notwithstanding anything to the contrary anywhere else in this Agreement, Takealot’s liability under this Agreement howsoever arising shall be limited to direct damages only and in no event shall Takealot be liable to the Buyer for any consequential, incidental, indirect or special damages including, without limitation, arising from loss of income, loss of goodwill or profits, business interruption. Neither Takealot nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any Product sold by Takealot.

  13. DURATION – This Agreement shall commence on the date on which the first Order is accepted by Takealot and shall endure indefinitely, subject to termination by either party on at least 30 days’ prior written notice to the other, provided that any Sales concluded prior to such termination date shall continue to impose binding obligations on the parties.

  14. GENERAL

    1. Intellectual Property:  Nothing in this Agreement shall grant or be deemed to grant either party any right, title or interest in any intellectual property rights of any kind (including copyright, trademarks, domain names, trade and business names, designs and inventions) owned by the other party and, except as expressly stated herein, nothing in this Agreement shall entitle either party to use the other party’s logos or trademarks or any other intellectual property rights in any way whatsoever without the prior written consent of the other party.

    2. Independent Contractors:  The parties are independent contractors and no agency, employment, partnership, or joint venture shall be deemed to exist between the parties by virtue of this Agreement and neither party shall have the authority to act for or by the other, save to the extent expressly provided otherwise in this Agreement.

    3. Assignment: Neither party shall be entitled to cede, assign or otherwise transfer or dispose of this Agreement or any party thereof to any third party/ies unless the prior written approval of the other party has been obtained.

    4. Confidentiality: The parties hereby acknowledge that during the course of their relationship with each other confidential and/or proprietary information relating to each party’s business practices, personnel, business processes, systems and any other information of a confidential nature which is not generally available to outside parties or in the public domain or which would be understood, exercising reasonable business judgment, to be confidential, may be disclosed to the other. Such confidential information shall be used only for purposes of fulfilling the obligations under this Agreement and shall not during the period of this Agreement or at any time thereafter be disclosed, either directly or indirectly, to any third party in any manner whatsoever. The provisions of this clause will not apply to information which can be shown to be part of the public domain or information which is lawfully in the possession of the receiving party or acquired from a third party otherwise than as a result of a breach hereof or information which is disclosed or released to satisfy an order of a court or to otherwise comply with the provisions of law.

    5. Notices: The parties choose as their domicilia citandi et executandi, the following respective addresses for all purposes arising out of or in connection with this Agreement, at which addresses all processes and notices arising out of or in connection with this Agreement, its breach or termination may validly be served upon or delivered:  Takealot’s address shall be at 12th floor, 10 Rua Vasco da Gama Plain, Foreshore, Cape Town (marked for the attention of: Legal – Takealot), with a copy to legal@takealot.com (the delivery of which copy shall be required in order for notice to be validly given) and Buyer’s address shall be its registered address; or at such other email address, physical address or fax number of which the party concerned may notify the other in writing; provided that no street address mentioned in this sub-clause shall be changed to a post office box or poste restante. Notwithstanding anything to the contrary contained or implied in this Agreement, a written notice or communication actually received by one of the parties from the other shall be adequate written notice or communication to such party.

    6. Dispute Resolution: A dispute in connection with this Agreement or which relates in any way to any matter affecting the interests of the parties in terms of this Agreement (“Dispute”), shall be deemed to have arisen when either party notifies the other party in writing to that effect. Should any Dispute (other than a Dispute in respect of which urgent or interim relief may be obtained from a court of competent jurisdiction) arise, the parties shall first use reasonable endeavours to resolve such Dispute through good faith negotiations within 10 Business Days, failing which, the Dispute may be referred to arbitration on notice by one party to the other, and be finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa. Such arbitration shall be held in Cape Town, and conducted in the English language before one arbitrator appointed in accordance with the said rules. Any arbitration award will be final and not subject to appeal. This agreement to arbitrate shall be enforceable in, and judgement upon any award may be entered in any court of any country having appropriate jurisdiction. These provisions shall not prevent either party from approaching any court or other judicial forum in any country having appropriate jurisdiction to obtain timely interim or other relief in cases of urgency. The provisions of this clause (i) constitute an irrevocable consent by the parties to any proceedings in terms hereof and no party shall be entitled to withdraw therefrom or claim at any such proceedings that it is not bound by such provisions; and (ii) are severable from the rest of this Agreement and shall remain in effect despite the termination of or invalidity for any reason of this Agreement.

    7. Jurisdiction: Subject to (f) above, the parties hereby consent and submit to the jurisdiction of the High Court of South Africa (Western Cape High Court, Cape Town).

    8. Governing Law: This Agreement will be governed by and construed in accordance with the law of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance therewith.

    9. Whole Agreement: This Agreement constitutes the whole agreement between the parties as to the subject matter hereof and no agreements, representations or warranties between the parties regarding the subject matter hereof other than those set out herein are binding on the parties.

    10. Non-Variation: Aside from the amendments referred to in clause 10, no addition to or variation, consensual cancellation or novation of this Agreement and no waiver of any right arising from this Agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by all the parties or their duly authorised representatives.

    11. Non-waiver: No indulgence, leniency or extension of time which any Party (“the Grantor”) may grant or show to any other Party, shall in any way prejudice the Grantor or preclude the Grantor from exercising any of its rights in the future.

Download the Takealot Corporate Buyer Agreement here.

 

For queries contact corporate.customer@takealot.com