Summary — the short version

This table is a summary for convenience. It does not replace the rest of this document, and it does not limit any right you have under the Consumer Protection Act 68 of 2008 or the Electronic Communications and Transactions Act 25 of 2002. Where the table and a clause differ, the clause governs.

1. Introduction — you have two different sets of rights

1.1 This Returns & Refunds Policy explains when you may return an Item bought on the Platform, when you get your money back, how much you get back, who pays to send the Item back, and how long it all takes.

1.2 Before you read anything else, understand this: your right to return an Item can come from two completely different places.

1.2.1 Your statutory rights. South African law gives consumers rights that a supplier cannot take away by contract. The two statutes that matter here are the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") and the Consumer Protection Act 68 of 2008 ("the CPA"). These rights exist whether or not this Policy mentions them, and they are enforceable in court.

1.2.2 The Platform's own escrow-backed protection. Separately, and in addition, we hold your money with the Escrow Provider until the Item is delivered and the Acceptance Window has run, and we operate a Dispute process that can return your money to you quickly. This is a contractual protection that we arrange for you. It is not a statutory right and it does not replace one.

1.3 Nothing in this Policy limits, excludes or waives any right you have under the CPA, ECTA or POPIA that cannot lawfully be limited, excluded or waived. Where anything in this Policy appears to reduce such a right, the statutory right prevails and the offending words are to be read down or disregarded, as clause 5.3.4 of the Terms & Conditions provides.

1.4 The two sets of rights work best together. In practice:

1.4.1 the Platform protection is faster — it works while your money is still in escrow, it costs you nothing, and it does not require you to sue anybody; and

1.4.2 the statutory rights last longer and are stronger — the CPA six-month warranty in particular runs long after the Acceptance Window has closed and the money has been paid out.

1.5 Use the Platform process first, while the money is still in escrow. It is quicker and it does not cost you anything. If it does not resolve the matter, or if you are outside the Acceptance Window, your statutory rights are still there and clause 17 shows you where to take them.

1.6 We have written this Policy in plain language, as section 22 of the CPA requires. Where a clause is important, or where it places a risk or an obligation on you, we have marked it in bold.

1.7 This Policy forms part of the Platform Terms and is incorporated into the Terms & Conditions by reference. It must be read with the Terms & Conditions, the Payment Terms, the Shipping Policy, the Marketplace Rules and — if you are a Vendor — the Vendor Agreement. It supersedes all earlier returns or refunds policies published by us.

2. Definitions

2.1 In this Returns & Refunds Policy, unless the context requires otherwise:

2.1.1 "Platform" means the List Secure website at listsecure.co.za, its subdomains, mobile applications and related services.

2.1.2 "User" means any person who accesses or uses the Platform.

2.1.3 "Buyer" means a User who purchases or offers to purchase an Item through the Platform.

2.1.4 "Vendor" means a User approved by List Secure to list Items for sale on the Platform.

2.1.5 "Item" means any product or goods listed for sale on the Platform.

2.1.6 "Listing" means a Vendor's offer of an Item, including all text, images and specifications.

2.1.7 "Order" means a Buyer's accepted offer to purchase an Item.

2.1.8 "Escrow Provider" means TradeSafe, or such other escrow provider as List Secure may appoint.

2.1.9 "Escrow Account" means the trust/escrow account in which Order funds are held.

2.1.10 "Payment Provider" means PayFast, or such other payment service provider as we may appoint.

2.1.11 "Purchase Price" means the price of the Item excluding Delivery Charges.

2.1.12 "Delivery Charges" means the charge for delivery of the Item, as calculated and displayed on the checkout page before you pay.

2.1.13 "Order Total" means the Purchase Price plus Delivery Charges plus any applicable fees and VAT.

2.1.14 "Commission" means the fee payable by the Vendor to List Secure on each completed Order.

2.1.15 "Acceptance Window" means the period after delivery within which a Buyer must confirm acceptance or lodge a Dispute, failing which acceptance is deemed.

2.1.16 "Dispute" means a Buyer/Vendor disagreement lodged through the Platform before the Acceptance Window closes.

2.1.17 "Business Day" means any day other than a Saturday, Sunday or South African public holiday.

2.1.18 "Personal Information" has the meaning given to it in the Protection of Personal Information Act 4 of 2013 ("POPIA").

2.1.19 "Content" means any material a User uploads, posts or transmits through the Platform.

2.1.20 "Business Vendor" means a Vendor who supplies Items in the ordinary course of business.

2.1.21 "Private Vendor" means a Vendor who is a natural person selling their own Item otherwise than in the ordinary course of business.

2.1.22 "Platform Terms" means the Terms & Conditions, the Privacy Policy, the Cookies Policy, the Shipping Policy, this Returns & Refunds Policy, the Payment Terms, the Marketplace Rules and the Vendor Agreement, read together.

2.2 Words in the singular include the plural and the other way round. A reference to a statute is a reference to that statute as amended or replaced from time to time. Headings are for convenience only and do not affect interpretation.

3. Who your rights are against

3.1 List Secure is a marketplace and an intermediary. We are not the seller of the Items listed on the Platform. Your contract of sale is with the Vendor, not with us. Clause 6 of the Terms & Conditions explains this in full.

3.2 It follows that your rights in respect of an Item — including your rights under the CPA and ECTA — are rights against the Vendor. We are not the supplier, the retailer, the importer, the distributor or the producer of any Item.

3.3 What we do is this:

3.3.1 we hold the Order funds through the Escrow Provider, so that there is money available to refund you while the Acceptance Window is open;

3.3.2 we run the Dispute process, review the evidence and issue a determination;

3.3.3 we instruct the Escrow Provider to give effect to that determination;

3.3.4 we require Vendors to honour statutory return and refund rights, as a term of the Vendor Agreement, and we enforce that requirement; and

3.3.5 we act against Vendors who do not comply.

3.4 Nothing in this clause limits our own liability for our own conduct or for the services we do supply. Clause 19 of the Terms & Conditions sets out the limits of our liability, and clause 19.1 of that document lists what we never exclude.

4. The seven-day cooling-off right — section 44 of ECTA

This is a right to change your mind. You do not have to give a reason and you may not be penalised for using it.

4.1 The right

4.1.1 Because you buy on a website, your purchase is an electronic transaction. Section 44(1) of ECTA gives a consumer the right to cancel, without reason and without penalty:

(a) for goods, within seven days after the date of the receipt of the goods; and

(b) for services, within seven days after the date of the conclusion of the agreement.

4.1.2 Section 44(2) of ECTA provides that the only charge that may be levied on the consumer is the direct cost of returning the goods. In other words, you pay the courier to send it back. Nothing else may be charged to you for cancelling.

4.1.3 Section 44(3) of ECTA provides that, if the consumer has paid for the goods or services before cancelling, the consumer is entitled to a full refund, which must be made within 30 days of the date of cancellation.

4.1.4 On the Platform we do not wait 30 days. Where the funds are still in escrow, we will process the refund as set out in clause 13 as soon as the Vendor confirms receipt of the returned Item, or as soon as we determine the matter.

4.2 How to use the right on the Platform

4.2.1 Notify the Vendor through the Platform, and raise a return request in the Platform, within seven days of receiving the Item. Say that you are cancelling under section 44 of ECTA. You do not have to say why.

4.2.2 Return the Item at your own cost, in the condition described in clause 11, using a tracked courier service, and load the return waybill to the Platform.

4.2.3 If the seven-day period will expire before the Acceptance Window closes, act within the seven days. If the Acceptance Window closes first, raise the request in the Platform anyway — the money will have left escrow, so we will require the Vendor to refund you directly, and clause 17 sets out what to do if it does not.

4.2.4 We will facilitate a section 44 cancellation through the Platform where the funds are still in escrow, and we will require the Vendor to honour it, as clause 13.2.3 of the Terms & Conditions provides.

4.3 When the cooling-off right does not apply — section 42(2) of ECTA

4.3.1 Section 42(2) of ECTA excludes the section 44 right for certain transactions. The cooling-off right does not apply to:

(a) financial services, including investment, insurance, banking and pension services;

(b) an auction;

(c) the supply of foodstuffs, beverages or other goods intended for everyday consumption supplied to your home or workplace;

(d) services which began, with your consent, before the end of the seven-day period;

(e) goods made to your specifications or clearly personalised, or which by their nature cannot be returned, or which can deteriorate or expire rapidly;

(f) audio or video recordings or computer software that you have unsealed;

(g) newspapers, periodicals, magazines and books;

(h) gaming and lottery services; and

(i) the provision of accommodation, transport, catering or leisure services where the supplier undertakes to provide them on a specific date or within a specific period; and

(j) goods or services the price of which depends on fluctuations in the financial markets that the supplier cannot control.

4.3.2 On this Platform, the exclusions that come up most often are (e) — a personalised or custom-made Item, and an Item that cannot be returned by its nature — and (f) — sealed software, games and media that you have opened. A Listing must state clearly, before you buy, if an Item falls into one of these categories. If it does not say so, do not assume the exclusion applies; ask us.

4.3.3 An exclusion in section 42(2) removes only the section 44 cooling-off right. It does not remove your rights under the CPA, and it does not remove the escrow protection or the Dispute process. An Item that cannot be cooled off can still be returned because it is faulty, wrong, damaged or not as described.

4.4 Does section 44 apply when you buy from a private seller?

4.4.1 Clause 13.4.4 of the Terms & Conditions states the position we apply on the Platform: the section 44 cooling-off right applies to electronic transactions and so applies whether the Vendor is a Business Vendor or a Private Vendor, subject to the section 42(2) exclusions. We apply the seven-day cooling-off right to every Order on the Platform as a matter of contract, and every Vendor agrees to honour it as a term of the Vendor Agreement. So, in practice, you have the seven days on every Order.

4.4.2 [CONFIRM with attorney: the extent to which section 44 of ECTA applies as a matter of law to a genuine private, once-off Vendor on the Platform. Chapter VII of ECTA operates on the concepts of "consumer" and "supplier" as defined in section 1, and there is a real question whether a person making a single private sale of their own used possession is a "supplier" for the purposes of that Chapter. We do not assert a position on this. Because clause 13.4.4 of the Terms & Conditions currently states the right as applying to private sellers, the attorney must either confirm that statement or amend both documents together. Whatever the legal answer, the contractual undertaking in clause 4.4.1 stands, and it must be carried into the Vendor Agreement.]

5. Your rights under the Consumer Protection Act

Read clause 6 before you rely on this clause. Whether the CPA applies to your purchase depends on whether the Vendor is a Business Vendor or a Private Vendor.

5.1 Section 55 — the right to safe, good quality goods

5.1.1 Section 55(2) of the CPA gives every consumer the right to receive goods that:

(a) are reasonably suitable for the purposes for which they are generally intended;

(b) are of good quality, in good working order and free of any defects;

(c) will be usable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply; and

(d) comply with any applicable standards set under the Standards Act 8 of 2008 or any other public regulation.

5.1.2 Section 55(3) applies where you told the supplier the particular purpose for which you wanted the goods and the supplier ordinarily supplies goods for that purpose, or acted in a way that led you to believe the goods would be suitable for it. In that case you have the right to expect that they are reasonably suitable for that particular purpose.

5.1.3 Section 55(6) matters a great deal on a marketplace that sells used goods. It provides that section 55(2)(a) and (b) do not apply to goods that a consumer has been expressly informed were offered in a specific condition, and the consumer has expressly agreed to accept them in that condition, or knowingly acted in a manner consistent with accepting them in that condition.

5.1.4 In plain terms: if a Listing tells you honestly that a phone has a cracked back, a scratched screen and a battery at 82% health, and you buy it anyway, you cannot then return it because it has a cracked back, a scratched screen and a weak battery. You agreed to that condition. This is why condition grading and defect disclosure in a Listing matter, and why you must read them.

5.1.5 What section 55(6) does not do is protect a Vendor who did not disclose a defect, who understated it, or whose Item has a defect other than the one disclosed.

5.2 Section 56 — the six-month implied warranty of quality

5.2.1 Section 56(1) of the CPA provides that, in every transaction or agreement to supply goods, the producer, importer, distributor and retailer each warrant that the goods comply with the requirements and standards in section 55.

5.2.2 Section 56(2) provides that, within six months after delivery, a consumer may return goods to the supplier, without penalty and at the supplier's risk and expense, if the goods fail to satisfy the requirements and standards in section 55. The supplier must then, at the direction of the consumer, either:

(a) repair or replace the failed, unsafe or defective goods; or

(b) refund the consumer the price paid for the goods.

5.2.3 The choice between repair, replacement and refund belongs to you, not to the supplier. A Vendor may not insist on repairing an Item when you have asked for a refund, and may not send you to the manufacturer instead of dealing with you itself.

5.2.4 The return is at the supplier's risk and expense. You should not be out of pocket for the courier, and the Item is at the Vendor's risk while it is on its way back.

5.2.5 Section 56(3) provides that, if a supplier repairs goods and within three months of that repair the failure, defect or unsafe feature has not been remedied, or a further failure, defect or unsafe feature is discovered, the supplier must replace the goods or refund the consumer.

5.2.6 The six months runs from delivery, and it runs whether or not the Acceptance Window has closed and whether or not the money has been paid out of escrow. Clause 17 explains how to claim once the money has left escrow.

5.2.7 Section 56 applies to used goods as well as new goods where the Vendor is a Business Vendor, but what counts as a "defect" is judged against what a reasonable consumer would expect of goods of that age, condition and price, and section 55(6) applies to disclosed defects.

5.3 Section 20 — the right to return goods

5.3.1 Section 20 of the CPA gives a consumer a right to return goods and receive a full refund of any consideration paid, in the circumstances set out in that section. The circumstances include:

(a) goods supplied under an agreement arising out of direct marketing, where the consumer has rescinded the agreement during the five-business-day cooling-off period in section 16;

(b) goods that the consumer did not have an opportunity to examine before delivery and which the consumer has rejected on delivery for a reason contemplated in section 19(5) of the CPA [CONFIRM with attorney: the precise content of section 19(5) and of the mixed-goods ground in section 19(8), so that this paragraph reproduces the grounds of rejection exactly and does not conflate the two]; and

(c) goods that were intended to satisfy a particular purpose communicated to the supplier, where within 10 business days after delivery the goods are found to be unsuitable for that particular purpose.

5.3.2 Section 20(1) makes clear that this right is in addition to, and not in substitution for, the right to return goods under section 16, or any other right in law between a supplier and a consumer to return goods and receive a refund — which includes the six-month warranty right in section 56. It is one route among several, not the only one.

5.3.3 [CONFIRM with attorney: the precise mechanics of section 20 as currently enacted — the period within which goods returnable under section 20 must be returned, and whether the return is at the supplier's or the consumer's risk and expense. This clause must reproduce the section accurately and must not overstate or understate the period.]

5.3.4 The charge a supplier may levy — section 20(6). Where goods are returned under section 20, the supplier may charge the consumer a reasonable amount for:

(a) use of the goods during the time they were in the consumer's possession, unless they are goods that could not be used for their intended purpose; or

(b) necessary restoration costs to render the goods fit for re-stocking, unless the goods failed to be suitable and useable for their intended purpose.

5.3.5 A restocking or use charge may not be levied where the goods were defective, unsafe or unsuitable. You are never charged for returning something that was wrong with it in the first place.

5.3.6 [CONFIRM with attorney: the maximum percentage or amount that may be levied as a use, restocking or reconditioning charge under section 20(6), as prescribed by the regulations made under the CPA, and whether the Platform will permit Vendors to levy such a charge at all. Our recommendation is that no restocking charge is permitted on the Platform without our prior written approval and clear disclosure on the Listing before purchase. A restocking fee that is not disclosed before purchase is not enforceable.]

5.4 Section 21 — unsolicited goods

5.4.1 Section 21 of the CPA deals with unsolicited goods — goods delivered to you that you did not order or agree to buy.

5.4.2 You are not obliged to pay for unsolicited goods. You must not use them or dispose of them, you must give the supplier a reasonable opportunity to recover them, and if the supplier does not do so within the period the section allows, the goods become your property.

5.4.3 If something arrives that you did not order, do not pay for it and do not confirm acceptance. Report it in the Platform immediately.

5.5 Section 19 — delivery

5.5.1 Section 19(2)(a) provides that the supplier is responsible to deliver the goods at the agreed date and time, if any, or otherwise within a reasonable time after the transaction is concluded.

5.5.2 Section 19(3) provides that, if the supplier tenders delivery at a location, date or time other than as agreed, the consumer may accept the delivery, require delivery at the agreed location, date and time, or cancel the agreement without penalty.

5.5.3 Section 19(2)(c) provides that the goods remain at the supplier's risk until the consumer has accepted delivery of them in terms of section 19(6). The Shipping Policy explains risk in transit in full.

5.6 Section 16 — the five-business-day direct marketing cooling-off right

5.6.1 Section 16 of the CPA gives a consumer the right to rescind a transaction resulting from direct marketing, without reason and without penalty, within five business days after the later of the date on which the transaction or agreement was concluded, or the date on which the goods were delivered.

5.6.2 This right applies only where the transaction resulted from direct marketing — that is, where a supplier approached you directly, in person, by post or by electronic communication, to promote or offer to supply goods.

5.6.3 Browsing the Platform and choosing an Item yourself is not direct marketing, and section 16 does not apply to it. We say this plainly because it is often claimed and it is usually wrong. Where section 16 does not apply, the seven-day ECTA cooling-off right in clause 4 does — and it is the longer of the two.

5.6.4 Section 16 may apply where a Vendor sent you a promotional message and you bought as a result of it. If you think it applies, say so when you raise the return request.

5.7 Section 61 — product liability

5.7.1 Section 61 of the CPA provides that the producer, importer, distributor or retailer of goods is liable for harm caused wholly or partly as a consequence of supplying unsafe goods, a product failure, defect or hazard in goods, or inadequate instructions or warnings provided to the consumer — whether or not that person acted negligently.

5.7.2 The harm covered includes death, injury, illness, loss of or damage to property, and economic loss resulting from that harm.

5.7.3 A section 61 claim lies against the producer, importer, distributor or retailer of the unsafe goods. We are none of those things (clause 6.1.3 of the Terms & Conditions). The Vendor, and the manufacturer or importer of the Item, are the parties against whom such a claim lies.

5.7.4 If an Item has caused injury or damage, tell us immediately at support@listsecure.co.za, keep the Item and its packaging, take photographs, and get medical attention if you need it. We will give you the Vendor's supplier details as far as we lawfully may, will remove the Listing, and will act under the Marketplace Rules.

5.8 Section 54 and section 65

5.8.1 Section 54 gives you the right to services performed in a manner and quality that persons are generally entitled to expect. Section 65 requires a supplier holding your property to take reasonable care of it — which is relevant where a Vendor has your Item for repair or inspection after a return.

6. Business Vendors and Private Vendors — the difference that matters most

Read this before you buy. It changes what you can do if something goes wrong.

6.1 The CPA applies to the supply of goods "in the ordinary course of business". It therefore applies to a Business Vendor — a dealer, a retailer, a reseller, a trader, or anyone who sells regularly and for profit, even a small one, and even one operating from home.

6.2 The CPA generally does not apply to a genuine private, once-off sale between two consumers — for example, where a person sells their own used washing machine because they no longer need it.

6.3 What that means in practice, in plain English:

6.4 So if you buy from a Private Vendor, your protection is:

6.4.1 the escrow and the Acceptance Window — your money is held back until you have had [INSERT: Acceptance Window — number of days after delivery] to inspect the Item; and

6.4.2 the "not as described" ground — a Private Vendor must describe the Item honestly, and if the Item is materially different from the Listing you get your money back through the Dispute process.

6.4.3 You do not get the six-month warranty. If a used appliance you bought from a private individual stops working two months later, and it was working and honestly described when it arrived, you generally have no claim.

6.5 What a Private Vendor is still liable for. A private seller is generally taken to sell "voetstoots" — as it stands, with all its faults. But that does not make a private seller untouchable. A Private Vendor remains liable:

6.5.1 for a misrepresentation — saying something about the Item that was not true;

6.5.2 for a latent defect that they knew about and deliberately concealed from you; and

6.5.3 under the ordinary common law of sale, which gives you remedies — but fewer and weaker ones than the CPA, and ones you generally have to enforce yourself in court.

6.6 Inspect immediately when you buy from a Private Vendor. The Acceptance Window is, realistically, your protection. Open the parcel the day it arrives. Test the Item. If something is wrong, raise a Dispute before the Window closes.

6.7 How to know which you are dealing with. Each Listing shows whether the Vendor is a Business Vendor or a Private Vendor. Check it before you buy.

6.8 [CONFIRM: that the Platform in fact displays, on every Listing and on the Vendor's profile, whether the Vendor is registered as a business seller or a private seller. If it does not, this must be built before publication. A Buyer cannot know what rights they have unless the Vendor's status is disclosed, and publishing this clause while the Platform does not display that status would itself be a misleading representation for the purposes of section 41 of the Consumer Protection Act.]

6.9 A Vendor who sells as a business but registers as a Private Vendor in order to escape CPA obligations commits a material breach of the Vendor Agreement. We will re-classify the account, may treat the Vendor as a Business Vendor for the purposes of every open Order and Dispute, and may remove the account. If you think a "private" seller is really a business — many listings, new stock, boxed items, business hours, a shop-like profile — report it to support@listsecure.co.za.

6.10 Whatever the Vendor's status, the escrow, the Acceptance Window and the Dispute process apply to every Order on the Platform. Those are contractual protections we provide; they are not statutory rights and they do not replace them.

7. The Platform returns process, step by step

7.1 Step 1 — Raise it in the Platform, before the Acceptance Window closes

7.1.1 Log in, open the Order and raise a return request or a Dispute. Do it before the Acceptance Window closes, being [INSERT: Acceptance Window — number of days after delivery] after delivery.

7.1.2 Do not confirm acceptance if there is a problem. Confirming acceptance releases the money to the Vendor.

7.1.3 Do not use the Item if you intend to return it, beyond what is needed to inspect and test it.

7.1.4 Do not throw away the packaging.

7.1.5 Choose the ground for your return from the list in clause 8, describe what is wrong in your own words, and upload the evidence in clause 9.

7.1.6 If the Acceptance Window has already closed, raise the request anyway. Clause 17 explains what happens then.

7.2 Step 2 — The Vendor responds

7.2.1 The Vendor has [INSERT: number] Business Days to respond with its own evidence.

7.2.2 Many returns are resolved at this stage without any determination from us. A Vendor may accept the return, offer a replacement, offer a partial refund, or send the missing parts.

7.2.3 If the Vendor does not respond in time, the Dispute is determined on the evidence before us, which will usually mean in the Buyer's favour.

7.3 Step 3 — We determine it

7.3.1 List Secure reviews the evidence and issues a determination within [INSERT: number] Business Days.

7.3.2 We look at: the Listing as it stood when you bought, including the condition grading and the disclosed defects; your evidence and the Vendor's; the courier records; the message history; the dispatch and delivery weights; and the account history of both parties.

7.3.3 We will act honestly, apply the Platform Terms consistently and give reasons for a determination.

7.3.4 A determination we issue is our assessment of the evidence available to us, as the operator of the Platform and under the Platform Terms. It is not an arbitration award, a court judgment or legal advice, and it does not decide the legal rights of the Buyer and the Vendor against each other. Both of you keep every right you have in law.

7.4 Step 4 — The Escrow Provider gives effect to the determination

7.4.1 The Escrow Provider gives effect to the determination in accordance with its own terms. The possible escrow outcomes are:

(a) full refund — the whole Order Total is returned to you;

(b) partial refund — an agreed or determined portion is returned to you and the balance released to the Vendor, usually where you keep the Item with a defect or a shortfall;

(c) return and refund — you send the Item back and the refund is released once the Vendor confirms receipt, or once the return tracking shows delivery, whichever we determine;

(d) replacement — the Vendor sends a replacement Item and the funds stay in escrow until the replacement is delivered and a fresh Acceptance Window has run; or

(e) release to the Vendor — where the Dispute is not upheld.

7.4.2 While a Dispute is open, the funds for that Order stay in escrow.

7.5 Step 5 — Escalation

7.5.1 Unresolved matters go to the National Consumer Commission, a recognised consumer ombud, the Small Claims Court, or arbitration under [CONFIRM: AFSA or private arbitration]. Clause 17 sets this out in full.

8. Grounds we accept

8.1 A return or refund request will be considered on any of the following grounds:

8.1.1 Not delivered — the Item never arrived, or tracking shows it delivered but you did not receive it.

8.1.2 Not as described — the Item is materially different from the Listing. This includes a different model, capacity, size, colour, year or specification; a condition materially worse than the grading and disclosed defects; an undisclosed repair, crack, dent, water damage or missing function; different quantity; or a photograph that was not of the actual Item where the Listing said it was.

8.1.3 Wrong Item — a different Item from the one ordered was sent.

8.1.4 Damaged in transit — the Item was damaged on its way to you. Report within [INSERT: number of days within which damage, shortage or a missing part must be reported] of delivery.

8.1.5 Missing parts or accessories — something the Listing said was included is not in the parcel: a charger, a cable, a remote, a lens, a manual, a key, a battery, original packaging.

8.1.6 Counterfeit — the Item is a counterfeit, replica or unauthorised copy. Clause 12 applies.

8.1.7 Faulty on arrival — the Item does not work, or does not work properly, when you receive it, and the fault was not disclosed.

8.1.8 Unsafe — the Item is unsafe, has been recalled, or lacks a required safety approval.

8.1.9 Not authorised to be sold — the Item is stolen, is blacklisted (for example a blocked IMEI), or the Vendor does not have title to it.

8.1.10 Cooling-off under section 44 of ECTA — within seven days of receipt, without a reason (clause 4).

8.1.11 Any statutory ground under the CPA set out in clause 5.

8.2 You do not have to know which ground is the legally correct one. Describe what is wrong and upload the evidence, and we will apply the right ground.

9. Evidence we need

9.1 A return request without evidence will usually fail. Photographs decide most Disputes.

9.2 For every request, give us:

9.2.1 clear photographs of the Item, from several angles, in good light;

9.2.2 photographs of the outer packaging, including the courier label and the waybill number, and of the inner packaging and cushioning;

9.2.3 the serial number, IMEI or model number of the Item as received, photographed on the Item itself; and

9.2.4 the courier records — the waybill, the tracking history and the proof of delivery.

9.3 Additional evidence by ground:

9.3.1 Damaged in transit — photographs of the damage to the outer box and to the Item, taken before you unpack any further, and the packaging kept for inspection.

9.3.2 Electronics, appliances and anything with a power source — a video showing the Item being powered on and the fault occurring, and a photograph of the serial number or IMEI in the same session. Record the unboxing of any high-value electronic Item. It is the single most useful piece of evidence in a Dispute.

9.3.3 Not as described — a screenshot of the Listing as it stood when you bought, and a photograph of the Item alongside, showing the difference.

9.3.4 Missing parts — a photograph of the parcel as opened, showing everything that was in it.

9.3.5 Counterfeit — photographs of the labels, serial numbers, stitching, packaging, holograms and any authentication feature, and any assessment from the brand owner or an authorised dealer.

9.3.6 Faulty — an assessment or job card from an authorised repairer or service centre, where you have one. You are not required to obtain one at your own cost.

9.4 Do not alter, repair or attempt to repair the Item before we have determined the Dispute, unless we tell you to. Repairing it yourself may destroy the evidence and may end the Vendor's own warranty claim.

9.5 We may ask for more. If we do, respond within the time we specify, or the Dispute will be determined on what we have.

9.6 Fabricated, staged or altered evidence is fraud. Clause 12.2 of the Marketplace Rules applies, and we will report it.

10. Grounds we do not accept

10.1 The following are not, on their own, grounds for a return under this Policy:

10.1.1 Buyer's remorse on a correctly described Item. You saw the Listing, you read the condition grading, you bought it, and it is exactly what it said it was. Section 55(6) of the CPA and clause 5.1.3 apply.

10.1.2 Normal wear that was disclosed in the Listing — scratches, marks, fading, worn edges, reduced battery health, a scuffed case — where the Listing disclosed them or the condition grading covered them.

10.1.3 The ordinary characteristics of a used Item of its age, price and grading, where nothing was misstated.

10.1.4 Incorrect size, where the size was correctly stated in the Listing. Measure before you buy. Clothing and footwear sizing varies by brand; a Listing that gives correct measurements has done what it must.

10.1.5 The Item does not fit through your door, in your space or with your other equipment, where the Listing gave correct dimensions or specifications. Clause 12.3.4 of the Shipping Policy applies.

10.1.6 Damage, loss or deterioration caused by you after delivery — dropping it, spilling on it, water damage, misuse, using it contrary to the instructions, unauthorised repair, removing a security seal, or installing it incorrectly.

10.1.7 A change in your circumstances — you no longer want it, you found it cheaper elsewhere, or a gift was not appreciated.

10.1.8 Colour differences attributable to screen calibration, where the Listing photographs were honest photographs of the actual Item.

10.1.9 A fault that only appears after a long period of ordinary use, where the Vendor is a Private Vendor. Clause 6 explains why.

10.1.10 A request made after the Acceptance Window has closed, so far as the escrow refund is concerned — although your statutory rights continue and clause 17 explains what to do.

10.2 Change of mind — the Platform's position.

10.2.1 Within seven days of receiving the Item, you always have the ECTA section 44 cooling-off right in clause 4. That is a genuine change-of-mind right and we will facilitate it.

10.2.2 Outside those seven days: [CONFIRM the Platform's position on change-of-mind returns outside the statutory rights — whether List Secure requires all Vendors to accept change-of-mind returns for a stated period on stated conditions; whether Business Vendors and Private Vendors are treated differently; whether a Vendor may set its own change-of-mind policy on a Listing, and if so what the minimum standard is; and who pays return shipping. Until this is decided, the Platform must not display any "free returns", "easy returns", "30-day returns" or similar message anywhere, because it would be a representation we cannot honour and would create exposure under section 41 of the Consumer Protection Act.]

10.2.3 A Vendor may voluntarily accept a change-of-mind return outside the cooling-off period. If it does, the terms are as the Vendor and the Buyer agree in the Platform message thread, and the Buyer pays return shipping unless the Vendor agrees otherwise.

10.3 These are grounds we do not accept under this Policy. They are not a waiver of anything. If a ground listed in this clause is in fact covered by a right you have under the CPA or ECTA, that right prevails, as clause 1.3 provides.

11. Return shipping and the condition the Item must be returned in

11.1 Who pays to send it back

11.1.1 The Vendor pays return shipping where the return is because of something the Vendor did or something wrong with the Item: not as described, wrong Item, damaged in transit, missing parts, faulty on arrival, unsafe, counterfeit, or a return under section 56 of the CPA (which is expressly at the supplier's risk and expense).

11.1.2 You pay the direct cost of returning the goods where you cancel under section 44 of ECTA, as section 44(2) of that Act provides, and where a Vendor voluntarily accepts a change-of-mind return.

11.1.3 The decision table in clause 13.5 sets this out scenario by scenario, and it is the version that governs.

11.1.4 Where the Vendor pays, we will normally arrange the return through the Platform so that you do not have to pay and claim back. Where you must pay for the collection yourself and the Vendor is liable for it, keep the receipt and we will require the Vendor to reimburse you.

11.2 How to return an Item

11.2.1 Do not send anything back until the return has been approved in the Platform and you have a return reference. An unapproved return may be refused by the Vendor and may be lost.

11.2.2 Use a tracked courier service and load the return waybill number to the Platform. A return you cannot prove was sent is a return that did not happen.

11.2.3 Photograph the Item and the packed parcel before you seal it.

11.2.4 Return the Item to the return address given in the Platform. Do not return it to any other address, including an address given to you by message outside the Platform.

11.3 The condition the Item must be in

11.3.1 The Item must be returned:

(a) in the same condition it was in when it reached you, fair inspection and testing excepted;

(b) complete — with all parts, accessories, cables, chargers, remotes, manuals, keys, tags and free gifts that came with it;

(c) in its original packaging where the packaging formed part of the Item's value or was described in the Listing — for example a boxed collectible, a sealed appliance, or a phone sold with its original box;

(d) with all your personal data removed and all accounts and locks disabled — you must sign out, remove the SIM and memory card, factory reset the device, and turn off any activation lock, Find My, Google account lock or MDM enrolment. A device returned locked cannot be resold and the refund may be withheld until it is unlocked; and

(e) not repaired, modified, engraved, personalised or otherwise altered by you.

11.3.2 Removing a seal, opening sealed software or media, or using a hygiene-sensitive Item may end your right to return it — clause 4.3 sets out the section 42(2) exclusions.

11.3.3 A returned Item that is not in the required condition may result in a reduced refund, to the extent of the reduction in value that your handling caused. We will tell you the amount and why, and clause 17 gives you a route to appeal. We will not reduce a refund where the reduction in value was caused by the defect, damage or misdescription that led to the return in the first place.

11.4 If the return goes missing

11.4.1 Where the Vendor pays for the return, the Item is at the Vendor's risk on the way back.

11.4.2 Where you pay for the return under clause 11.1.2, use a tracked and, for a valuable Item, an insured service. If a return you arranged goes missing, the tracking record is what proves you sent it.

11.4.3 Do not send a valuable Item back by ordinary post.

12. Counterfeit and stolen Items

These are dealt with differently from every other ground, and more strictly.

12.1 Counterfeit Items

12.1.1 Counterfeit and IP-infringing goods are prohibited on the Platform. The Counterfeit Goods Act 37 of 1997, the Trade Marks Act 194 of 1993 and the Copyright Act 98 of 1978 apply, and clause 17.5 of the Terms & Conditions and clause 6.5 of the Marketplace Rules deal with them.

12.1.2 Where we determine that an Item is counterfeit, the Buyer receives a full refund of the Order Total. This is not discretionary and it does not depend on the Acceptance Window.

12.1.3 The Item is not returned to the Vendor. It is unlawful to deal in counterfeit goods, and returning a counterfeit Item to the person who sold it simply puts it back into the market to be sold again.

12.1.4 [CONFIRM the operational process for a counterfeit Item: whether the Buyer is required to retain the Item pending instruction, to surrender it to the rights holder or the rights holder's appointed agent, to hand it to an inspector under the Counterfeit Goods Act 37 of 1997 or to the South African Police Service, or to destroy it; who bears the cost of collection or delivery to the rights holder; what the Platform tells the Buyer to do in the meantime; and the process for notifying the rights holder. This must be settled with an attorney before publication — instructing a Buyer to destroy or dispose of goods that may be evidence, or that a rights holder may wish to seize, can itself cause a problem, and instructing a Buyer to keep counterfeit goods may expose the Buyer.]

12.1.5 Until clause 12.1.4 is settled, the instruction to a Buyer is: do not use the Item, do not resell it, do not give it away, do not destroy it, keep it and its packaging safe, and wait for our instruction.

12.1.6 Vendor sanctions. A Vendor who lists a counterfeit Item faces removal of the Listing, forfeiture of the sale proceeds, a payout hold, suspension or permanent removal from the Platform, recovery of our costs, notification to the rights holder, and a report to the South African Police Service. A first offence may be enough for permanent removal.

12.2 Stolen Items

12.2.1 Where we reasonably suspect an Item is stolen, we will report it to the South African Police Service, on our own initiative and without waiting to be asked, as clause 5.3.1 of the Marketplace Rules provides.

12.2.2 The Buyer receives a full refund of the Order Total.

12.2.3 A Buyer who believes they have received a stolen Item must report it to us immediately and should also report it to the South African Police Service. Do not resell it. Do not dispose of it.

12.2.4 We may hold the funds and any payout pending the outcome of the investigation, remove the Listing, suspend or permanently remove the Vendor, retain records as evidence, and notify the registered owner, the insurer or the rights holder.

12.2.5 We will not give a Vendor advance warning of a report to the police where doing so would defeat the purpose of the report.

12.2.6 Ownership of stolen goods does not pass to a buyer in South African law, even a buyer who bought in good faith. If an Item you bought turns out to be stolen, you may have to give it up to its true owner. That is why the refund is unconditional and why we act as firmly as we do.

13. Refunds — method, timing, and what exactly you get back

13.1 Method

13.1.1 Refunds are made to the original payment method only. If you paid by card, the refund goes back to that card. If you paid by Instant EFT, the refund goes back to the bank account the payment came from.

13.1.2 We do not refund to a different card, a different bank account or a third party's account. This is a fraud control. The only exception is where the original payment method is closed, expired or no longer exists, in which case we will arrange an alternative after verifying your identity and your entitlement.

13.1.3 We do not pay refunds in cash, in cryptocurrency or by voucher, and we do not force store credit on you. If you would prefer credit with the Vendor, you may agree to that — but you may not be required to take it instead of your money.

13.2 Where the money comes from

13.2.1 Where the funds are still in escrow, the refund comes from escrow. This is quick and certain, which is the whole reason for the Acceptance Window.

13.2.2 Where the funds have already been released to the Vendor, the refund must come from the Vendor. We will require the Vendor to make the refund within [INSERT: number] Business Days, and if it does not we will pursue it under the Vendor Agreement, including by set-off against the Vendor's other payouts under clause 9.5 of the Payment Terms. We cannot guarantee recovery once the money has left escrow. Clause 17 sets out your other routes.

13.3 Timing

13.3.1 We or the Escrow Provider will initiate a refund within [INSERT: number of Business Days within which a refund is initiated after it is approved] of the refund being approved or the returned Item being confirmed as received, whichever is later.

13.3.2 A card refund typically reflects on your statement within [INSERT: typical card refund clearing period] after it is initiated, and a bank transfer within [INSERT: typical EFT refund clearing period].

13.3.3 Where section 44(3) of ECTA applies, the refund must be made within 30 days of the date of cancellation.

13.3.4 Bank and card scheme clearing times are outside our control. The periods in clause 13.3.2 are estimates based on ordinary experience, not guarantees. Once a refund has been initiated, the money is with the Payment Provider, the card scheme and your own bank. If a refund has not reflected within the stated period, contact us and we will give you the refund reference so that you can take it up with your bank.

13.4 Partial refunds and price adjustments

13.4.1 A partial refund is appropriate where you would rather keep the Item despite a defect or a shortfall — a missing accessory, a cosmetic flaw that was not disclosed, or a minor difference from the Listing.

13.4.2 A partial refund must be agreed between you and the Vendor in the Platform, or determined by us. It is a compromise: once it is paid and accepted, that ground of Dispute is closed.

13.4.3 A partial refund does not waive your statutory rights in respect of a different defect, or in respect of the same defect if it turns out to be materially worse than it appeared.

13.4.4 Do not agree a partial refund before you have properly tested the Item.

13.5 The refund decision table

This is the table that governs what you get back. It says the same thing as clause 7.4 of the Payment Terms. If you find a difference between the two, tell us — and until it is corrected, the one that is more favourable to the Buyer applies.

13.5.1 [INSERT: the complete decision table above, once the fee treatment in clause 7.4 of the Payment Terms is settled. Every cell marked CONFIRM must be resolved before publication, and the two tables must then be checked against each other line by line.]

13.5.2 Where a Buyer is entitled to a refund because of something the Vendor did or something wrong with the Item, the Buyer must not be left out of pocket. That is the principle behind this table. If a scenario arises that the table does not cover, that is the principle we will apply.

14. Cancellations

14.1 Buyer cancellation before dispatch

14.1.1 You may cancel an Order in the Platform at any time before the Vendor dispatches it, and receive a full refund of the Order Total from escrow. You do not have to give a reason.

14.1.2 Once the Item has been dispatched, you can no longer cancel in this way. You may refuse delivery, or take delivery and use the return routes in this Policy. Refusing a correctly described Item in order to force a cancellation is a breach of the Marketplace Rules, and clause 9.3.2 of the Shipping Policy applies to the Delivery Charges.

14.2 Vendor cancellation and out-of-stock Orders

14.2.1 Vendors must keep stock levels accurate. If an Item is not available after you have paid, the Order will be cancelled and the full Order Total will be refunded to you from escrow, as clause 8.4.1 of the Terms & Conditions provides.

14.2.2 Section 46(3) of ECTA requires a supplier who is unable to perform because the goods ordered are unavailable to notify the consumer immediately and to refund any payment within 30 days of that notification. On the Platform the refund is made from escrow, and far sooner.

14.2.3 A Vendor may also cancel where an obviously erroneous price was displayed, in which case clause 8.3 of the Terms & Conditions and clause 15.4 of the Payment Terms apply, and the full Order Total is refunded to you.

14.2.4 A Vendor may not cancel an Order simply because it would rather sell the Item to someone else, or because the price has gone up. Repeated failure to fulfil paid Orders is a breach of the Vendor Agreement and the Marketplace Rules, and we will act on it.

14.2.5 Where a Vendor cancels, you are notified immediately, the refund is initiated automatically, and you are not charged anything.

14.3 Cancellation for late dispatch or non-delivery

14.3.1 Clause 6.2 of the Shipping Policy sets out your right to cancel and be refunded where the Vendor does not dispatch on time, and clause 6.3 of that document sets out the 30-day rule and the seven-day cancellation notice in section 46 of ECTA.

15. Warranties

15.1 The CPA implied warranty

15.1.1 The six-month implied warranty in section 56 of the CPA is set out in clause 5.2. It applies where the Vendor is a Business Vendor. You claim it from the Vendor.

15.1.2 It applies in addition to any manufacturer's warranty, and it is not reduced by one. A manufacturer's warranty that is shorter than six months, or that imposes conditions the CPA does not, does not cut down your section 56 rights against a Business Vendor.

15.2 Manufacturer warranties

15.2.1 A new Item may come with a manufacturer's warranty. That warranty is given by the manufacturer, not by us and not by the Vendor, and you claim it from the manufacturer or its authorised service centre in South Africa.

15.2.2 The Listing must state whether an Item carries a manufacturer's warranty, how long is left on it, and whether the warranty is transferable and valid in South Africa. A "grey import" often has no local warranty, and a Listing must say so.

15.2.3 A used Item usually has no manufacturer's warranty left.

15.2.4 Where you have both a manufacturer's warranty and a section 56 claim against a Business Vendor, you may choose which to use. You are not obliged to go to the manufacturer first, and a Vendor may not tell you that you are.

15.3 Extended warranties and service plans

15.3.1 [CONFIRM: whether extended warranties, service plans, screen cover or any similar product are sold on or through the Platform, by whom, and on whose paper. If any such product is offered, it is very likely to be a financial product: selling or intermediating it may require an insurer, an underwriting manager and a licence under the Financial Advisory and Intermediary Services Act 37 of 2002, and it will attract obligations under the Insurance Act 18 of 2017 and the policyholder protection rules. Nothing of this kind may be offered on the Platform until this is settled.]

15.3.2 Where an extended warranty is sold by a Vendor as part of an Item, the Vendor, not List Secure, is responsible for it, and the Listing must say who provides it and how to claim.

15.4 Who you claim against — a summary

16. Returns abuse

16.1 The return and refund rights in this Policy are for genuine problems. Abusing them harms honest Vendors and, in the end, every Buyer.

16.2 You must not:

16.2.1 return a different item from the one you received ("item switching");

16.2.2 return an Item with parts removed, substituted or damaged by you;

16.2.3 return an empty or weighted box;

16.2.4 use an Item and then return it as unused, where the return right depends on the Item being unused;

16.2.5 claim a partial refund for a fault you caused;

16.2.6 keep both the Item and the refund;

16.2.7 lodge a false or exaggerated Dispute, including a false claim of non-delivery; or

16.2.8 fabricate, alter or stage photographic or video evidence.

16.3 Clause 12 of the Marketplace Rules deals with buyer conduct in full and is binding on you.

16.4 Repeat returns. A pattern of returns that is far outside the ordinary — many returns, returns on many different grounds, returns always just before the Acceptance Window closes, or returns of Items that are consistently found to be as described — will be reviewed. We may:

16.4.1 ask you for an explanation;

16.4.2 require additional evidence for future returns;

16.4.3 restrict the return options available to your account;

16.4.4 decline to fund a return; or

16.4.5 restrict, suspend or terminate your account under clause 18.2 of the Terms & Conditions.

16.5 [CONFIRM: the threshold, over what period, at which a Buyer's return pattern is reviewed, and who reviews it. A threshold applied without a stated basis is difficult to defend, and any restriction must be appealable under clause 17.]

16.6 We will not restrict an account for exercising a statutory right honestly. Returning defective goods, however often it happens, is not abuse — it is a signal that we should be looking at the Vendors, not at you.

16.7 Making a false claim in a Dispute in order to obtain a refund is fraud. It may be an offence at common law and under the Cybercrimes Act 19 of 2020, and we will report it, recover our losses, and remove the account.

17. If you are not satisfied — escalation

17.1 The five-step Dispute path

17.1.1 Every Dispute follows the same five steps. It is the same path in every document in the Platform Terms.

Step 1 — the Buyer raises the Dispute in the Platform before the Acceptance Window closes, with a description of the problem and supporting evidence (photographs, the delivery record and the message history).

Step 2 — the Vendor has [INSERT: number] Business Days to respond, with its own evidence.

Step 3 — List Secure reviews the evidence and issues a determination within [INSERT: number] Business Days.

Step 4 — the Escrow Provider gives effect to the determination in accordance with its own terms.

Step 5 — unresolved matters go to the National Consumer Commission, a recognised consumer ombud, the Small Claims Court, or arbitration under [CONFIRM: AFSA or private arbitration].

17.1.2 While a Dispute is open, the funds for that Order stay in escrow.

17.2 Appealing our determination

17.2.1 You may appeal a Dispute determination. Send your appeal to support@listsecure.co.za within [INSERT: appeal window — number of days from the decision], saying what you are appealing and why, and attaching any further evidence.

17.2.2 Your appeal will be reviewed by a person, not by an automated system, and by someone who was not responsible for the original determination where that is practical. We will respond within [INSERT: number] Business Days.

17.2.3 Where a determination was made wholly or substantially by automated means, you have a right under section 71 of POPIA to ask for human intervention. This appeal route gives effect to that right.

17.2.4 An appeal to us does not stop time running for any statutory right or any court process, and it does not take away your right to go to a regulator, an ombud or a court at any time.

17.3 Outside routes

17.3.1 The National Consumer Commission, established under section 85 of the CPA, receives complaints about a supplier's conduct under the CPA — [INSERT: current National Consumer Commission postal address, email address and telephone number].

17.3.2 The Consumer Goods and Services Ombud, or another recognised consumer ombud or industry ombud with jurisdiction — [CONFIRM: whether List Secure is or should be a participant in the Consumer Goods and Services Ombud scheme, whether Vendors on the Platform are participants, whether participation and the associated levy are compulsory for a supplier in this industry under the Consumer Goods and Services Industry Code of Conduct, and insert the Ombud's current contact details. This Policy must not describe the Ombud as available to Buyers if List Secure and its Vendors are not in fact participants.]

17.3.3 The National Consumer Tribunal, where the matter falls within its jurisdiction.

17.3.4 The Small Claims Court, where the amount falls within its jurisdiction. The Small Claims Court is free, you do not need a lawyer, and it is the right forum for most marketplace disputes. Your nearest Magistrates' Court will tell you where the local Small Claims Court sits and what the current monetary limit is.

17.3.5 Arbitration under [CONFIRM: AFSA or private arbitration].

17.3.6 Any court with jurisdiction.

17.3.7 Approaching a regulator or an ombud is free to you and does not take away your right to go to court.

17.4 If the money has already left escrow

17.4.1 Once the Acceptance Window has closed and the funds have been released, we cannot refund you from escrow. Your statutory rights continue — in particular the six-month section 56 warranty against a Business Vendor.

17.4.2 In that situation:

(a) raise it with the Vendor through the Platform, so that there is a record;

(b) tell us, at support@listsecure.co.za. We will require the Vendor to deal with you, and non-compliance is a breach of the Vendor Agreement that we will act on, including by holding the Vendor's payouts under clause 9.1 of the Payment Terms;

(c) use the outside routes in clause 17.3; and

(d) we will give you the Vendor's supplier details, to the extent that the law permits us to disclose them, so that you can pursue your claim.

17.4.3 This is why the Acceptance Window matters. Inspect the Item the day it arrives.

17.5 Complaints about this Policy or about us

17.5.1 A complaint about this Policy, or about how we handled a return or a Dispute, goes to support@listsecure.co.za. We will acknowledge it within [INSERT: number] Business Days and respond within [INSERT: number] Business Days. Clause 26 of the Terms & Conditions sets out the full route.

17.5.2 Complaints about the processing of your Personal Information go to our Information Officer at data@listsecure.co.za, and may then be taken to the Information Regulator (South Africa) under section 74 of POPIA.

18. Changes to this Policy

18.1 We may change this Returns & Refunds Policy. The current version is always available on the Platform.

18.2 Where a change materially affects your rights, we will give you at least [INSERT: number of days' notice of a material change to the Returns & Refunds Policy] notice by email and by notification in the Platform.

18.3 A change does not apply to an Order already placed. The version in force when the Order was created governs that Order.

18.4 No change to this Policy can reduce a right you have under the CPA, ECTA or POPIA that cannot lawfully be reduced.

19. Governing law and jurisdiction

19.1 This Policy and every transaction on the Platform are governed by the laws of the Republic of South Africa.

19.2 You consent, in terms of section 45 of the Magistrates' Courts Act 32 of 1944, to the jurisdiction of the Magistrates' Court having jurisdiction over you, in respect of any proceedings arising out of this Policy, even where the amount in dispute exceeds that court's normal jurisdiction. This does not limit our right to institute proceedings in the High Court of South Africa where we choose to do so, and it does not limit your right to approach any court, tribunal, ombud or regulator that has jurisdiction.

19.3 Clause 19.2 does not limit our right to institute proceedings in the High Court of South Africa where we choose to do so, and it does not limit your right to approach any court, tribunal, ombud or regulator that has jurisdiction.