1. ABOUT THE COMPANY

1.1 The website, Xyla.co.za, is an online platform (referred to as the “Platform”) that enables registered users to buy and sell goods and establish their own online shop.

1.2 The Platform is operated by XYLA (Pty) Ltd, registration number 2024/570285/07. For any support, please get in touch with support@xyla.co.za.

1.3 By signing up as a user of the Platform (referred to as “User”), the User acknowledges that they have read, understood, and agree to abide by these Terms and Conditions, and commits to following them.

1. USER ACCOUNT

2.1 To access the Platform, Users must register and sign in using their Facebook, Google, or Apple ID account. The Apple ID option is available exclusively for iOS app users.

2.2 Users are required to keep their login credentials secure and must not disclose them to any third parties.

2.3 The User assumes full responsibility for all actions conducted under their registered and logged-in account. Should any suspicion of account misuse arise, immediate notification must be sent to support@xyla.co.za.

3. HOW DOES XYLA WORK?

3.1 The Platform provides the following functionalities:

‎ ‎ ‎ ‎ ‎ ‎ 3.1.1 Creating an Online Store on the Platform;

‎ ‎ ‎ ‎ ‎ ‎ 3.1.2 Selling items through the Platform;

‎ ‎ ‎ ‎ ‎ ‎ 3.1.3 Browsing, saving products to favourites, and purchasing items from other users;

‎ ‎ ‎ ‎ ‎ ‎ 3.1.4 Engaging with other Platform users via private messaging;

‎ ‎ ‎ ‎ ‎ ‎ 3.1.5 Sharing product listings on various social media channels.

3.2 XYLA (Pty) Ltd offers a secure payment system for transactions between Users, where the Buyer transfers funds to XYLA’s account via EFT, credit card, wallet balance, or other available payment methods.

3.3 All transactions on the Platform are conducted in South African Rand (ZAR).

3.4 Description of the purchase/sales process:

‎ ‎ ‎ ‎ ‎ ‎ 3.4.1 The Buyer selects a product and makes payment via EFT, credit card, wallet balance, or other available payment options;

‎ ‎ ‎ ‎ ‎ ‎ 3.4.2 The funds are deposited into XYLA (Pty) Ltd’s account;

‎ ‎ ‎ ‎ ‎ ‎ 3.4.3 The Seller dispatches the goods using a delivery method chosen by the Buyer through the Platform or as agreed upon between Buyer and Seller;

‎ ‎ ‎ ‎ ‎ ‎ 3.4.4 The Seller confirms the shipment on the Platform by clicking the ‘Item shipped’ button and, if applicable, provides a tracking number. For integrated courier services, orders are automatically marked as shipped once the goods are dispatched;

‎ ‎ ‎ ‎ ‎ ‎ 3.4.5 The Buyer confirms Receipt of the goods by clicking the ‘Item received’ button and verifies satisfaction with the purchase, thereby authorizing the release of funds to the Seller’s wallet;

‎ ‎ ‎ ‎ ‎ ‎ 3.4.6 XYLA (Pty) Ltd releases the funds to the Seller’s wallet, completing the transaction;

‎ ‎ ‎ ‎ ‎ ‎ 3.4.7 To transfer the money to the Seller’s bank account, the Seller must initiate a payout by clicking the ‘Payout to bank account’ button. XYLA (Pty) Ltd will transfer the funds within 1-3 business days, provided the banking details are accurate and linked to a South African bank. XYLA (Pty) Ltd is not responsible for any delays or losses due to incorrect banking information provided by the Seller.

4. SERVICE FEES

4.1 Opening a store, listing products, and selling items on the Platform is free of charge.

‎ ‎ ‎ ‎ ‎ ‎ 4.1.1 The Seller selects their preferred shipping service provider(s) when listing an item on the Platform.

4.2 A Buyer Protection fee of 5% (calculated from the total item cost) plus R5.00 for the Administration fee will be charged. Courier fees are not affected by the 5% Buyer Protection fee or the R5.00 administrative fee.

‎ ‎ ‎ ‎ ‎ ‎ 4.2.1 If an order is cancelled due to the item not being shipped, the full amount, including the Buyer Protection and Administration fee, is refunded to the Buyer.

‎ ‎ ‎ ‎ ‎ ‎ 4.2.2 If the order is cancelled according to section 8.14 (where the Buyer returns the item), the full amount, including the Buyer Protection fee, is refunded to the Buyer.

4.3 XYLA has the right to deduct the Buyer Protection fee from the User’s account if the cancellation violates Platform policies.

5. TRANSACTION SECURITY

5.1 To protect Users, all sales transactions must occur within the Platform. Buyers are required to use only the payment methods and shipping options available within the Platform. Payments can be made via EFT, credit card, wallet balance, or other available options.

5.2 The Platform safeguards both Buyers and Sellers against potential fraud in the following ways:

‎ ‎ ‎ ‎ ‎ ‎ 5.2.1 After a purchase is made, the payment is held in XYLA (Pty) Ltd’s account until the transaction is completed;

‎ ‎ ‎ ‎ ‎ ‎ 5.2.2 The Seller must confirm the shipment by clicking the ‘Item shipped’ button in the order details. For integrated courier services, the order is automatically marked as shipped once the item is dispatched;

‎ ‎ ‎ ‎ ‎ ‎ 5.2.3 XYLA (Pty) Ltd will wait for the Buyer to confirm Receipt of the item after shipping;

‎ ‎ ‎ ‎ ‎ ‎ 5.2.4 Once the Buyer confirms Receipt by clicking the ‘Item received’ button and indicates satisfaction with the goods, XYLA (Pty) Ltd releases the funds to the Seller’s wallet, completing the transaction.

5.3 To prevent disputes, it is encouraged that Buyers and Sellers communicate through the Platform. Before completing a purchase, all relevant product information should be disclosed, and any concerns or questions should be addressed promptly.

6. DEADLINES FOR SHIPPING, RECEIVING GOODS, AND TRANSFERRING FUNDS

6.1 Sellers are required to ship items as soon as possible but no later than 5 work days unless otherwise agreed. To confirm shipment, the Seller must click the ‘Item shipped’ button for the relevant order.

6.2 Buyers have up to 48 hours after receiving the goods to confirm their Receipt on the Platform or submit a claim (see clause 10.2). To confirm Receipt, Buyers must click the ‘Item received’ button for the order and, in the following pop-up, verify their satisfaction with the goods and agree to release the funds to the Seller’s XYLA wallet.

‎ ‎ ‎ ‎ ‎ ‎ 6.2.1 If the Buyer fails to confirm Receipt or submit a claim within 48 hours of receiving the goods, in line with section 8.14 (right to return the item), XYLA reserves the right to complete the order on behalf of the Buyer. XYLA will review the tracking information provided by the Seller and, if sufficient, will release the funds to the Seller’s XYLA wallet. Should the tracking information be insufficient or unclear, XYLA will contact the Buyer using the email associated with their account and request confirmation of Receipt or a claim submission within 48 hours. If no response is received, the item will be considered as received, and XYLA will complete the transaction accordingly.

6.3 XYLA (Pty) Ltd will transfer the payment to the Seller’s XYLA wallet once the Buyer confirms the Receipt of the goods. Sellers can use the funds for future purchases on the Platform or withdraw them to their bank account. To initiate a payout, the Seller must click the ‘Payout to bank account’ button and enter the account details in the Portal’s Settings section. The Seller is responsible for ensuring the banking details are accurate, up to date, and linked to a South African bank account from the listed banks. Once the Seller has initiated the payout, XYLA (Pty) Ltd will process the transfer within 1-3 business days.

6.4 If the Seller fails to ship the goods within 1 month of receiving the purchase order, as indicated by not clicking the ‘Item shipped’ button, or if the order remains in ‘In-transit’ status for over 1 month, XYLA (Pty) Ltd reserves the right to cancel or finalize the order, as applicable.

7. DISCLAIMER OF LIABILITY

7.1 XYLA (Pty) Ltd does not own the goods listed or sold on the Portal and is not involved in the sales, purchases, or any other transactions that occur between Users on the Portal.

7.2 Sales agreements are entered into directly between the Users of the Portal without the involvement or mediation of XYLA (Pty) Ltd. Users are solely responsible for fulfilling their respective sales agreements.

7.3 Any complaints, inquiries, or claims regarding the goods listed on the Platform must be directed to the Seller through the message system on the Portal first. Should the issue not be resolved, XYLA (Pty) Ltd will assist in resolving the issue according to the rules and regulations.

7.4 XYLA (Pty) Ltd does not offer guarantees for the goods sold, nor does it inspect or verify the quality of the goods or their compliance with the description provided by the Seller.

7.5 XYLA (Pty) Ltd is not liable for the accuracy, legality, or truthfulness of information published by Users on the Portal, nor is it responsible for inappropriate or unlawful behaviour by any User.

7.6 XYLA (Pty) Ltd is not liable for any damages resulting from improper or inadequate packaging by the Seller. Furthermore, XYLA is not responsible for delays, damage to parcels, or losses incurred during shipping, whether using integrated or third-party courier services arranged by Portal Users. Any shipping-related claims must be submitted directly to the respective courier service provider.

8. RIGHTS AND OBLIGATIONS OF THE USER

8.1 The User affirms that they possess the legal capacity to engage in transactions on the Portal.

8.2 When using the Portal, the User agrees to provide accurate information, including truthful details regarding the quality and condition of the goods for sale and any other information that may influence a Buyer’s purchasing decision.

8.3 To use the Portal, including making sales transactions, the User must register a valid email address and remain accessible via email.

8.4 The User commits to conducting only lawful purchase and sale transactions through the Portal.

8.5 The User agrees to ensure that their activities do not infringe upon third parties’ property or moral rights (including intellectual property).

8.6 The User is responsible for ensuring their activities fall within with all applicable laws and regulations, including those governing consumer protection, competition, and the import/export of goods.

8.7 The User undertakes to act lawfully and in good faith. Prohibited actions include:

• 8.7.1 Intimidation or harassment;
• 8.7.2 Promotion of sexually explicit material;
• 8.7.3 Violence or discrimination based on race, gender, religion, nationality, disability, sexual orientation, age, etc.;
• 8.7.4 Publication of personal data or violation of privacy rights;
• 8.7.5 Sharing or promoting unlawful, false, or misleading information;
• 8.7.6 Engaging in impolite or abusive behaviour in communications;
• 8.7.7 Acting in bad faith while using the site.

8.8 The User ensures that all items uploaded to their shop comply with legal standards and good practices. Prohibited items include and/are are not limited to:

• 8.8.1 Medicines and medical devices;
• 8.8.2 Motor vehicles;
• 8.8.3 Counterfeit items, replicas, and unauthorized copies;
• 8.8.4 Samples or promotional items not intended for sale;
• 8.8.5 Drop-shipping arrangements;
• 8.8.6 Food and beverages, including alcohol;
• 8.8.7 Smoking paraphernalia;
• 8.8.8 Offensive materials;
• 8.8.9 Firearms, weapons, and military items;
• 8.8.10 Adult material and nudity;
• 8.8.11 Advertisements;
• 8.8.12 Vouchers, gift cards, and digital goods;
• 8.8.13 Drugs and related paraphernalia;
• 8.8.14 Animals.

8.9 The User agrees that item descriptions and images uploaded to their shop must accurately represent the items. Photos should be original and taken by the User, not sourced from the internet or elsewhere. Any unrelated information, including advertisements, spam, or directing communications outside of XYLA, is prohibited.

8.10 As a Seller, the User is responsible for ensuring that items are appropriately packaged for delivery and fit the delivery option selected by Buyers. The Seller take full responsibility for any damage incurred during transit.

• 8.10.1 the Seller must comply with all relevant shipping and packaging policies when using integrated or non-integrated courier services.
• 8.10.2 For PUDO-integrated courier services, items must be shipped within 36 hours of generating a code on XYLA. Failure to do so will result in cancellation of the delivery without a refund.

8.11 The User acknowledges that they are responsible for declaring and paying any applicable taxes (including VAT and income tax) on all transactions.

8.12 The User understands that if third parties access their device while logged into the Portal, they may assume obligations binding on the User, for which the User is entirely responsible.

8.13 Users are accountable for fulfilling their sales agreements. Any complaints or inquiries regarding goods must be directed to the Seller through the Portal’s messaging system.

8.14 Upon concluding a sales agreement, the Seller agrees to accept returns from the Buyer within 48 hours of Receipt if the goods differ significantly from their description or photographs, as outlined in clause 10.2.

9. RIGHTS AND OBLIGATIONS OF XYLA (PTY) LTD

9.1 XYLA (Pty) Ltd reserves the right, at its discretion, to restrict or revoke a User’s access to the Portal. This includes the authority to modify any information published by the User, halt any sale irrespective of its status, cancel payouts, issue refunds, or terminate a User account, preventing re-registration under the following circumstances:

• 9.1.1 Violation of these Terms and Conditions;
• 9.1.2 Submission of incorrect, misleading, or inaccurate information during registration or while using the Portal;
• 9.1.3 Deliberate dissemination of false information on XYLA’s Platform, insults towards other Users, or acting in bad faith;
• 9.1.4 Submission of purchase or sale offers that contravene these Terms and Conditions, good practices, or applicable laws;
• 9.1.5 Receipt of three or more complaints from other Users regarding the User’s activities.

9.2 XYLA (Pty) Ltd has the right to monitor all activities on the Portal, including purchase and sale offers made by Users. This monitoring may result in the removal or concealment of any sales advertisements that violate these Terms and Conditions or remain inactive for an extended period.

9.3 The XYLA app and website (xyla.co.za) and all associated content are protected by copyright owned by XYLA (Pty) Ltd. By uploading copyrighted product photos or sales advertisements to the website, the User grants XYLA (Pty) Ltd the rights of the author for those materials. XYLA (Pty) Ltd retains exclusive rights to use, permit, and prohibit the use of these materials, including reproduction, distribution, translation, adaptation, inclusion in collections or databases, and public communication of the product photos and sales advertisements provided by the User.

10. RETURN AND CLAIMS OF GOODS

10.1 If the User has a complaint about XYLA (Pty) Ltd service, please get in touch with us at support@xyla.co.za and submit your name and contact details, along with a brief description of the complaint. XYLA (Pty) Ltd will respond as soon as possible, but no later than within 2 working days, unless otherwise specified.

10.2 If the goods differ significantly from the description provided in the sales ad or product photo, and the Buyer wishes to return the goods, the following steps must be followed:

• 10.2.1 The Buyer must send a message to the Seller via the www.xyla.co.za Portal within 48 hours of receiving the goods, expressing their wish to return them. The Buyer and Seller must agree on the method and place for returning the goods. No returns are allowed for goods that cannot be returned under South African law.
• 10.2.2 The right to return cannot be executed if the Buyer has confirmed satisfaction with the goods on the Portal or if more than 48 hours have passed since the Receipt of the goods.
• 10.2.3 The Buyer is required to return the goods in their original condition.
• 10.2.4 The money will be held in XYLA (Pty) Ltd’s account until the goods are returned to the Seller. The Buyer is responsible for the cost of returning the goods unless agreed otherwise with the Seller.
• 10.2.5 The Seller must confirm the return within 48 hours of receiving the goods back by clicking the ‘Cancel’ button on the www.xyla.co.za Portal for the respective order. XYLA (Pty) Ltd will then return the funds to the Buyer’s XYLA wallet.
• 10.2.6 After the cancellation is confirmed and the funds are returned to the Buyer’s XYLA wallet, the Buyer can use the balance for future purchases on www.xyla.co.za or request a payout to their designated bank account. The Buyer is responsible for ensuring their bank details are accurate, linked to a South African bank, and up to date. Payouts will be processed within 1-3 working days once the Buyer initiates the request.

10.3 Once the Buyer and Seller have agreed to return the goods, the Buyer must ship the goods within 72 hours, using the same shipping method used for the initial delivery unless otherwise agreed.

10.4 In the event of unresolved disputes between the Buyer and Seller, XYLA (Pty) Ltd may assist with resolution as follows:

• 10.4.1 The Buyer may contact XYLA (Pty) Ltd for dispute resolution 21 days after submitting the purchase order via support@xyla.co.za.
• 10.4.2 XYLA (Pty) Ltd may request additional information from both parties and review the communication between the Buyer and Seller on the Portal.
• 10.4.3 Both parties must cooperate and respond to XYLA (Pty) Ltd inquiries within 48 hours. Failure to respond may result in a decision favouring the other party.
• 10.4.4 If the Seller is unable to provide proof of shipping (e.g., a waybill or other verifiable proof), XYLA (Pty) Ltd may resolve the claim in the Buyer’s favour.
• 10.4.5 If the Buyer claims the goods do not conform to the description, and no agreement is reached between the Buyer and Seller, XYLA (Pty) Ltd will resolve the dispute based on the available information.
• 10.4.6 Dispute resolutions may include the following outcomes:
  • 10.4.6.1 The claim is settled in favour of the Buyer, and the funds are returned to the Buyer’s XYLA wallet after the Seller confirms Receipt of the returned goods.
  • 10.4.6.2 The claim is settled in favour of the Seller, and the funds are released to the Seller’s XYLA wallet. The Buyer retains the goods.
  • 10.4.6.3 If an agreement cannot be reached within 1 month, XYLA (Pty) Ltd will decide how to allocate the funds based on the available information or continue holding the funds until both parties confirm a resolution.
  • 10.4.6.4 If a resolution is not reached, the User may escalate the matter to the National Consumer Commission (http://www.thencc.gov.za/) if the Seller is a professional trader, or to the courts if the Seller is a private individual.

10.5 XYLA (Pty) Ltd reserves the right to close a User’s account in the following cases after resolving disputes:

• 10.5.1 The User has not cooperated in the dispute resolution process.
• 10.5.2 The Seller has confirmed shipment but failed actually to ship the goods.
• 10.5.3 The Buyer has not completed payment for the purchased goods.
• 10.5.4 The User has made false claims or provided false information.
• 10.5.5 Repeated complaints are received about the Seller’s goods.
• 10.5.6 There is suspicion of fraudulent activity, such as intentionally misrepresenting goods for sale.

 

11. PROCESSING PERSONAL DATA AND PRIVACY POLICY

11.1 XYLA (Pty) Ltd collects personal data from Users that is generated through their activities on the Portal. This includes information from the User’s profile, details provided during product sales, and data related to various activities on the Portal (such as saving products or other Users, making purchases, and sending messages).

11.2 XYLA (Pty) Ltd reserves the right to process data collected from the User upon logging into the Portal, as well as any information requested during the User’s activities on the Portal, according to the purposes outlined in these Terms and Conditions.

11.3 By using the Portal, the User consents to XYLA (Pty) Ltd processing their personal data as specified in these Terms and Conditions. Users may withdraw their consent at any time, request the cessation of personal data processing, and ask for the deletion or closure of their collected personal data and User account by contacting XYLA (Pty) at support@xyla.co.za.

11.4 XYLA (Pty) Ltd uses Users’ personal data to enhance, develop, and personalize the services offered on the Portal.

11.5 XYLA (Pty) Ltd may use and share Users’ personal data with third parties selected by XYLA (Pty) Ltd to assist in ensuring the quality and availability of its services, as well as to improve and expand the services provided.

11.6 As the data controller, XYLA (Pty) Ltd will transfer personal data necessary for payment processing to authorized processors such as Peach Payment Services (Pty) Ltd, Ozow (Pty) Ltd, and Mobicred (Pty) Ltd. These processors handle personal data in accordance with regulations applicable to payment services.

11.7 Users have the right to inquire about the processing of their personal data and request additional information by contacting XYLA (Pty) Ltd at support@xyla.co.za. Users may also reach out to the authority responsible for personal data protection in South Africa, the Information Regulator of South Africa, at enquiries@inforegulator.org.za.

12. AMENDING THE TERMS AND CONDITIONS

12.1 XYLA (Pty) Ltd reserves the right to amend the Terms and Conditions at any time to accommodate the development of the Portal and enhance the services provided, ensuring a better and safer user experience.

12.2 XYLA (Pty) Ltd will notify the Users of any changes to the Terms and Conditions through notices, messages, or emails published on the Portal.

12.3 Amendments to the Terms and Conditions will take effect upon publication on the Portal, and Users will be notified of these changes.

12.4 By continuing to use the Portal after any amendments become effective, the User confirms their acceptance of the updated Terms and Conditions.

13. FINAL PROVISIONS

13.1 The legal relationship between the User and XYLA (Pty) Ltd arising from using the Portal is governed by the laws of South Africa.

13.2 The User and XYLA (Pty) Ltd will endeavour to resolve any disputes arising from using the Portal through negotiation. Should there be no agreement reached, the dispute will be addressed in either the South African Small Claims Court or the Local Magistrates Court, depending on the nature of the case.

13.3 These Terms and Conditions are valid upon acceptance and agreement by the User and will remain in effect throughout the duration and procedings of the legal relationship between the User and XYLA (Pty) Ltd. The User has the right to terminate this relationship at any time, provided they fulfill any existing obligations to XYLA (Pty) Ltd and other Users beforehand.

13.4 All User and XYLA (Pty) Ltd communications will be conducted electronically via support@xyla.co.za.