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Shipping Policy

Legal & Policy

Shipping Policy | LIST SECURE

Shipping Policy

Document: Shipping Policy | Version: 2.0 | Effective date: [INSERT: effective date] | Owner: LIST SECURE (PTY) LTD


Contents


1. Introduction and how to read this document

1.1 This Shipping Policy explains how Items bought on the Platform get from the Vendor to the Buyer: who is responsible, what delivery options exist, what delivery costs, how long it should take, who carries the risk while a parcel is in transit, and what to do when a parcel is late, lost or damaged.

1.2 We have written this Shipping Policy in plain language, as section 22 of the Consumer Protection Act 68 of 2008 requires. Where a clause is important, or where it places a risk or an obligation on you, we have marked it in bold.

1.3 The single most important thing in this document is clause 3: the Vendor delivers, not us. Please read it before you read anything else.

1.4 This Shipping 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 Returns & Refunds Policy, the Marketplace Rules and — if you are a Vendor — the Vendor Agreement.

1.5 This document supersedes all earlier shipping or delivery policies published by us.


2. Definitions

2.1 In this Shipping 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 "Courier" means the delivery company, postal operator, locker network or other carrier engaged to carry an Item.

2.1.21 "Platform Terms" means the Terms & Conditions, the Privacy Policy, the Cookies Policy, this Shipping Policy, the 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 is responsible for delivery

Read this clause. It determines who you deal with when a parcel goes wrong.

3.1 The Platform is Vendor-fulfilled. The Vendor is responsible for delivering the Item to the Buyer.

3.2 List Secure does not warehouse, store, pack, dispatch or deliver any Item. We are not the carrier. We never take possession of an Item and we never take title to one.

3.3 In particular, and to be plain about it:

3.3.1 we do not operate a warehouse and we hold no stock;

3.3.2 we do not pack parcels and we do not choose the packaging;

3.3.3 we do not book the courier collection or hand the parcel over;

3.3.4 we are not a courier, a freight forwarder, a postal operator or a logistics provider, and we are not a party to the contract between the Vendor and the Courier; and

3.3.5 we do not physically inspect any Item before or after dispatch, because we never have it.

3.4 What we do is: display the delivery options and Delivery Charges the Vendor offers; hold the Order funds through the Escrow Provider until delivery is confirmed and the Acceptance Window has run; require Vendors to dispatch on time and to load tracking; show you tracking information the Vendor and the Courier give us; and run the Dispute process when a delivery goes wrong.

3.5 Your delivery contract. Where the Vendor books the Courier, the contract of carriage is between the Vendor and the Courier. Where a Listing allows you to arrange your own Courier, the contract of carriage is between you and that Courier, and clause 9.5 applies.

3.6 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. Delivery options and where we deliver

4.1 The options

4.1.1 The delivery options available on the Platform are: [INSERT: the delivery options actually enabled — for example door-to-door courier, counter-to-counter, PUDO or locker-to-locker, local collection, and any Vendor-arranged option].

4.1.2 Our courier partners are: [INSERT: courier partners — the full list of couriers integrated with or approved for the Platform].

4.1.3 Not every option is available for every Item or every address. The options available to you are shown on the Listing and again at checkout, before you pay. If an option is not shown, it is not available for that Order.

4.1.4 A Vendor may not offer a delivery option that is not enabled on the Platform, and may not ask a Buyer to arrange delivery outside the Platform in a way that removes the tracking, proof of delivery or escrow controls in this document.

4.2 Where we deliver

4.2.1 We deliver within the Republic of South Africa.

4.2.2 Main-centre and regional addresses. Most addresses in and around the major metropolitan areas and larger towns are served by the standard delivery options at the standard Delivery Charge.

4.2.3 Outlying, rural and farm addresses. Some addresses fall outside the standard delivery areas of our courier partners. Where your address is an outlying or regional area:

(a) an additional surcharge may apply, which will be [INSERT: how outlying-area surcharges are calculated and displayed — whether they are added at checkout automatically or quoted separately]. Any surcharge will be shown to you at checkout before you pay. You will never be asked for an extra delivery amount after you have paid;

(b) delivery will usually take longer than the estimates in clause 6;

(c) door-to-door delivery may not be possible, in which case a counter-to-counter or locker option may be offered instead; and

(d) if no courier partner can serve your address at all, the Order will be cancelled before dispatch and the full Order Total will be refunded to you from escrow.

4.2.4 Post Office boxes. We cannot deliver to a post box number by courier. Give a physical street address.

4.2.5 Cross-border and international delivery. [CONFIRM: whether the Platform offers delivery outside South Africa at all and, if so, to which countries, through which courier, who is responsible for customs clearance, import duties, VAT on importation and any prohibited-export controls, and whether the Consumer Protection Act and ECTA analysis in this pack still holds for a cross-border sale. Until this is answered, the Platform must not accept an international delivery address.]

4.2.6 Delivery to a hotel, a hospital, a construction site, a prison, a military base, a game reserve or any address with controlled access may be refused by the Courier, or may require you to be present at the gate. Tell the Vendor in the Order notes if your address has access restrictions.


5. Delivery Charges

5.1 Delivery Charges are calculated [INSERT: how Delivery Charges are calculated — for example by parcel weight, by volumetric weight, by dimensions, by destination zone, by a flat rate per Vendor, or by a live courier rate returned at checkout].

5.2 Delivery Charges are always shown to you at checkout, itemised separately from the Purchase Price, before you are asked to pay. They form part of the Order Total.

5.3 The Buyer pays the Delivery Charges, unless the Listing says that delivery is free or that the Vendor pays.

5.4 Free delivery. A Vendor may offer free delivery, either generally or above a spend threshold. Where a threshold applies it is [INSERT: free-delivery thresholds, and whether the threshold is set by List Secure or by each Vendor] and it will be stated on the Listing and applied automatically at checkout.

5.5 Where an Order contains Items from more than one Vendor, Delivery Charges are calculated and shown for each Vendor's parcel separately, because each Vendor dispatches its own parcel.

5.6 No delivery amount may be charged to a Buyer after checkout. If a Vendor discovers that the Delivery Charge shown was too low, that is the Vendor's problem and not yours: the Vendor must either deliver at the price shown or cancel the Order, in which case the full Order Total is refunded to you from escrow. A Vendor who demands an additional delivery payment after an Order has been paid is in breach of the Vendor Agreement and the Marketplace Rules, and you should report it to support@listsecure.co.za.

5.7 Where the Consumer Protection Act applies, note that section 19(2)(b) of that Act provides that, absent agreement, the place of delivery is the supplier's place of business. By choosing a delivery option and paying the Delivery Charge, you and the Vendor agree that the place of delivery is the address you gave.

5.8 Whether Delivery Charges are refunded when an Order is cancelled or returned depends on why it was cancelled or returned. The decision table in the Returns & Refunds Policy sets this out scenario by scenario, and clause 7.4 of the Payment Terms says the same thing. Do not rely on any other statement.


6. Dispatch and delivery timeframes

6.1 The dispatch window

6.1.1 The Vendor must dispatch the Item within [INSERT: dispatch window] Business Days of the Order being confirmed, meaning within that period of the Escrow Provider confirming receipt of cleared funds and the Order being created.

6.1.2 "Dispatch" means that the Item has physically been handed to the Courier, or has been made available for collection where a collection option was chosen. Printing a waybill is not dispatch. Booking a collection is not dispatch.

6.1.3 The Vendor must load the waybill or tracking number to the Platform at the time of dispatch (clause 7).

6.2 What happens if the Vendor does not dispatch on time

6.2.1 If the Vendor has not dispatched within the dispatch window, we will remind the Vendor and you will be notified.

6.2.2 If the Vendor still has not dispatched by [INSERT: number of Business Days after the dispatch window expires before an Order is automatically cancellable], you may cancel the Order in the Platform, and the full Order Total, including all Delivery Charges and Buyer-side fees, will be refunded to you from escrow. You do not have to give a reason and you are not charged anything.

6.2.3 You may also simply wait, if you would rather have the Item. Cancelling is your choice, not something we impose on you.

6.2.4 Repeated late dispatch is a breach of the Vendor Agreement and the Marketplace Rules and will result in enforcement action against the Vendor, including restriction of Listings, suspension and removal.

6.3 The 30-day rule in section 46 of ECTA

6.3.1 Section 46(1) of the Electronic Communications and Transactions Act 25 of 2002 provides that the supplier must execute the order within 30 days after the day on which the supplier received the order, unless the parties have agreed otherwise.

6.3.2 Section 46(2) provides that, where a supplier has failed to execute the order within 30 days or within the agreed period, the consumer may cancel the agreement on seven days' written notice.

6.3.3 Section 46(3) provides that, where a supplier is unable to perform because the goods or services ordered are unavailable, the supplier must notify the consumer immediately and refund any payment within 30 days of the date of that notification.

6.3.4 In practice on the Platform, the dispatch window in clause 6.1.1 and the cancellation right in clause 6.2.2 are shorter and faster than the statutory 30-day period, and give you your money back sooner. They are in addition to your rights under section 46 and do not replace them.

6.3.5 If you wish to cancel under section 46(2) rather than through the Platform, send your seven days' written notice to the Vendor through the Platform message thread and copy support@listsecure.co.za, so that we have a record and can act on it.

6.4 Estimated delivery times

6.4.1 Once an Item has been dispatched, the estimated transit times are:

DestinationEstimated transit time after dispatch
Main centres (Cape Town, Johannesburg, Pretoria, Durban, Gqeberha, Bloemfontein, East London)[INSERT: estimated Business Days]
Other cities and larger towns[INSERT: estimated Business Days]
Regional and smaller towns[INSERT: estimated Business Days]
Outlying, rural and farm addresses[INSERT: estimated Business Days]
Counter-to-counter collection points[INSERT: estimated Business Days]
PUDO / locker-to-locker[INSERT: estimated Business Days]

6.4.2 [INSERT: the complete estimated-delivery-time table above, confirmed against the actual service levels of the courier partners named in clause 4.1.2.]

6.4.3 These are estimates, not guarantees. They are based on the courier partners' published service levels for a parcel handed over before the daily cut-off. They do not account for weather, road closures, courier network delays, incorrect addresses, access restrictions, peak periods or any of the disruptions in clause 13.

6.4.4 The total time from your payment to delivery is the dispatch window in clause 6.1.1 plus the transit time in clause 6.4.1. The Listing shows the combined estimate.

6.4.5 Where the Consumer Protection Act applies to your purchase, section 19(2)(a) provides that the supplier is responsible to deliver at the agreed date and at the agreed time, if any, or otherwise within a reasonable time after the transaction is concluded. Where a specific delivery date or time was agreed and the Vendor tenders delivery at a different date, time or place, section 19(3) allows you to accept the delivery, or to require delivery at the agreed date, time and place, or to cancel the agreement without penalty.

6.4.6 Clause 13.4 of the Terms & Conditions explains when the Consumer Protection Act applies to your purchase and when it does not.


7. Tracking, proof of dispatch and proof of delivery

7.1 The Vendor's obligations

7.1.1 The Vendor must load the waybill or tracking number to the Platform at the time of dispatch. An Order is not treated as dispatched until this is done.

7.1.2 The Vendor must be able to produce, on request and within [INSERT: number] Business Days:

(a) proof of dispatch — the waybill, the courier collection receipt or the drop-off receipt, showing the date, the parcel reference, the destination address and the parcel weight; and

(b) proof of delivery — the courier's delivery record, showing the date and time of delivery, the name and signature of the person who received the parcel or the electronic proof of delivery, and any delivery photograph the Courier captured.

7.1.3 A Vendor who cannot produce proof of delivery will normally lose a non-delivery Dispute. Keep your records.

7.1.4 The Vendor must not load a waybill number that does not correspond to a real parcel containing the Item ordered. Loading a false or recycled tracking number is fraud, is a material breach of the Marketplace Rules, and will be reported.

7.2 What the Buyer should do

7.2.1 Track your parcel from your account on the Platform, or on the Courier's own tracking page using the waybill number.

7.2.2 If tracking has not moved for [INSERT: number] Business Days, or if the estimated delivery date has passed:

(a) first, message the Vendor through the Platform. Most stalled parcels are resolved by the Vendor lodging a query with the Courier;

(b) if the Vendor does not respond within [INSERT: number] Business Days, or the parcel still does not move, lodge a Dispute in the Platform. Do this before the Acceptance Window closes if the parcel has been marked delivered, and at any time before delivery if it has not; and

(c) while the parcel is unaccounted for, the money stays in escrow. You are not out of pocket while we sort it out.

7.2.3 If tracking says "delivered" but you did not receive the parcel, lodge a Dispute immediately and say so. Do not wait. Check with everyone at the address, with your neighbours, with your building's reception or security, and with the Courier's local branch first, but do not let the Acceptance Window close while you are checking.

7.2.4 Keep the packaging and the waybill until the Acceptance Window has closed.


8. Risk and title

This clause decides who carries the loss if a parcel is damaged, lost or stolen in transit. Read it.

8.1 Risk in transit

8.1.1 The Item is at the Vendor's risk while it is in transit. From the moment the Vendor hands the Item to the Courier until the moment the Buyer accepts delivery, the risk of loss, theft or damage sits with the Vendor.

8.1.2 That is the position on the Platform for every Order, whether the Vendor is a business seller or a private seller. It is a contractual term of every sale concluded on the Platform, and it applies whether or not the Consumer Protection Act applies to the sale.

8.1.3 The practical result is simple: if the parcel does not arrive, or arrives damaged, the Buyer gets their money back from escrow. The Vendor then pursues the Courier.

8.2 Business Vendors — section 19 of the Consumer Protection Act

8.2.1 Where the Vendor is a business seller, section 19(2)(c) of the Consumer Protection Act 68 of 2008 applies. It provides that the goods to be delivered remain at the supplier's risk until the consumer has accepted delivery of them in terms of section 19(6).

8.2.2 Section 19(6) provides that the consumer is regarded as having accepted delivery of goods on the earliest of:

(a) the consumer expressly or impliedly accepting delivery;

(b) the consumer doing anything in relation to the goods that would be inconsistent with the supplier's ownership; or

(c) the consumer retaining the goods after the lapse of a reasonable time, without indicating to the supplier that the consumer has rejected delivery.

8.2.3 In the ordinary case this means that risk passes when you take the parcel from the Courier and do not reject it. A courier delivering to your address and getting a signature or an electronic proof of delivery will ordinarily be acceptance of delivery under section 19(6).

8.2.4 Do not confuse "acceptance of delivery" with the Acceptance Window. They are two different things:

(a) acceptance of delivery under section 19(6) is about the parcel arriving and you taking it. It moves the risk of loss and damage from the Vendor to you; and

(b) the Acceptance Window is the period after delivery, being [INSERT: Acceptance Window — number of days after delivery], during which you inspect the Item and either confirm acceptance or lodge a Dispute, and during which your money stays in escrow.

8.2.5 Taking delivery of a parcel does not mean you have accepted the Item. You may take the parcel, open it, find that the Item is damaged, wrong or not as described, and lodge a Dispute within the Acceptance Window. Clause 10 explains what to do.

8.2.6 Section 19(5) allows you to refuse to accept delivery where the goods delivered are of a greater or lesser quantity than agreed, or are mixed with goods of a different description. If a parcel is obviously damaged or is obviously not what you ordered, you may refuse it at the door. Tell the Courier why, ask them to note it on the waybill, take a photograph, and lodge a Dispute in the Platform the same day.

8.3 Private Vendors

8.3.1 Where the Vendor is a genuine private seller making a once-off sale, the Consumer Protection Act generally does not apply, as clause 13.4 of the Terms & Conditions explains, and section 19(2)(c) is therefore not the source of the rule.

8.3.2 The position on the Platform is nevertheless the same: the Item is at the private Vendor's risk in transit, as clause 8.1 provides. That is a contractual term of every sale on the Platform, and every Vendor agrees to it when it lists an Item.

8.3.3 The practical protection for a Buyer buying from a private Vendor is the escrow and the Acceptance Window. If the parcel does not arrive, or arrives damaged in transit, the money is still in escrow and can be returned to you. That protection ends when the Acceptance Window closes — which is why you must inspect and act quickly.

8.4 Title

8.4.1 Ownership of the Item passes from the Vendor to the Buyer on delivery, once the Order Total has been paid into the Escrow Account.

8.4.2 Every Vendor warrants that it has lawful title to each Item and is entitled to sell it, as clause 14.3 of the Terms & Conditions provides. The Marketplace Rules deal with stolen goods and the Second-Hand Goods Act 6 of 2009.

8.5 Where the Buyer arranges the Courier

8.5.1 Where a Listing allows you to arrange your own Courier and you do so, the Item is at your risk from the moment your Courier collects it from the Vendor, and your claim for loss or damage in transit lies against your Courier, not against the Vendor.

8.5.2 In that case the Vendor must still hand over the correct Item, properly packed, and must give you proof of handover. We recommend that you do not choose this option unless you have a reason to. The standard options give you better protection.


9. Failed delivery, wrong addresses and returns to sender

9.1 Your address is your responsibility

9.1.1 You must give a correct, complete and current delivery address, including the street number and name, the suburb, the city, the postal code, and any complex, estate, unit or building details and access instructions.

9.1.2 You must give a working contact number. Couriers call before delivery.

9.1.3 You must be available to accept delivery, or must arrange for someone at the address to accept it. A parcel delivered to and signed for by a person at your address — a family member, a housemate, an employee, a receptionist or a security guard — is a delivered parcel.

9.2 Changing an address after checkout

9.2.1 Ask through the Platform message thread as soon as possible. A Vendor may be able to change the address before dispatch. After dispatch, a change depends entirely on the Courier and is often not possible.

9.2.2 Where a Courier charges a redirection fee, that fee is payable by the Buyer.

9.3 Failed delivery attempts

9.3.1 Couriers typically make [INSERT: number of delivery attempts made by the courier partners before a parcel is returned to sender] delivery attempts before returning a parcel to the sender.

9.3.2 Where a delivery fails because of something you did or did not do — a wrong or incomplete address, no one available to accept, a contact number that does not answer, access refused, or a refusal to accept a correctly described Item in order to force a cancellation:

(a) a Redelivery Fee of [INSERT: redelivery fee] is payable by you before the parcel is sent out again;

(b) if the parcel is returned to the Vendor, the Delivery Charges are not refunded, and the Vendor may also deduct the cost of the return leg; and

(c) the Purchase Price is refunded to you.

9.3.3 Where a delivery fails for a reason that is not your fault — the Courier went to the wrong address, did not attempt delivery, could not find the address that you gave correctly, or the parcel was misrouted — you are not charged a Redelivery Fee and you are not out of pocket. Lodge a Dispute and we will deal with it.

9.3.4 Repeatedly refusing delivery, or repeatedly failing to be available, is a breach of the Marketplace Rules and may result in restriction of your account.

9.4 Unattended and "safe place" deliveries

9.4.1 We do not support leaving parcels unattended. Do not ask a Courier to leave a parcel at your gate, behind a plant, with a neighbour or in an unsecured place.

9.4.2 If you instruct a Courier to leave a parcel unattended and it is stolen or damaged, that is your loss. A parcel left on your instruction is a delivered parcel, and a Dispute on the ground of non-delivery will not succeed.

9.5 Returns to sender

9.5.1 A parcel returned to the Vendor undelivered is dealt with as follows:

(a) the Vendor must confirm receipt of the returned parcel in the Platform within [INSERT: number] Business Days;

(b) the Order is then cancelled and the refund is calculated under clause 9.3.2 or 9.3.3, depending on why the delivery failed; and

(c) the refund is paid from escrow to your original payment method, in accordance with clause 12.3 of the Payment Terms.

9.5.2 If the Vendor does not confirm receipt of a returned parcel, lodge a Dispute and give us the courier tracking record showing the return.


10. Lost, delayed and damaged parcels

10.1 Report it quickly

10.1.1 Report damage, breakage, shortage or a missing part within [INSERT: number of days within which damage, shortage or a missing part must be reported] of delivery, and in any event before the Acceptance Window closes.

10.1.2 Couriers impose short claim deadlines of their own — often 24 to 48 hours for visible damage. The sooner you report, the more likely a claim against the Courier will succeed. A late report may cost the Vendor its claim and will weaken yours.

10.1.3 Report a parcel that has not arrived as soon as the estimated delivery date has passed and tracking has stalled, following clause 7.2.2.

10.2 Evidence we need

10.2.1 For damage in transit, give us:

(a) photographs of the outer packaging, from all sides, including any crush, tear, puncture or water damage, and the courier label;

(b) photographs of the inner packaging and how the Item was cushioned;

(c) photographs of the damage to the Item itself;

(d) a photograph of the waybill and the delivery record; and

(e) for an electronic Item, a video showing the Item being unboxed and the fault or damage, and a photograph of the serial number or IMEI.

10.2.2 For a shortage or a missing part, give us photographs of the parcel as opened, showing what was in it, and the parcel's dispatch and delivery weights if they are on the tracking record.

10.2.3 For non-delivery, give us the tracking record, any communication with the Courier, and a statement that you did not receive the parcel and that no one at your address did.

10.2.4 Do not throw away the packaging. Couriers routinely refuse a damage claim where the packaging is no longer available for inspection.

10.3 What happens next

10.3.1 The Vendor must lodge a claim with the Courier and must pursue it. The Courier's own claims process and insurance are the primary route for recovering the value of a lost or damaged parcel, and the Vendor, as the Courier's customer, is the party who can bring that claim.

10.3.2 Courier liability is usually limited by the Courier's own terms, often to a low amount per parcel unless additional cover was bought. A Vendor sending a valuable Item should insure it. [CONFIRM: whether the Platform requires or offers parcel insurance above a stated value, whether that cover is arranged by List Secure, by the Vendor or by the Courier, and who pays for it. Selling or arranging insurance may require a licence under the Financial Advisory and Intermediary Services Act 37 of 2002 — this must be checked before any cover is offered through the Platform.]

10.3.3 The outcome of the Courier's claim does not decide the Dispute between the Buyer and the Vendor. A Buyer's entitlement to a refund does not depend on the Vendor succeeding against the Courier. The Vendor carried the risk in transit; the Courier claim is the Vendor's way of recovering its loss.

10.4 Escrow while a delivery claim is open

10.4.1 Funds are not released from escrow while a delivery Dispute or claim is open. The money for the Order stays in the Escrow Account until the Dispute is determined and the Escrow Provider gives effect to the determination.

10.4.2 This applies whether the claim is for non-delivery, damage in transit, shortage or a stalled parcel.

10.4.3 Where the parcel is lost or damaged in transit and the Buyer is not at fault, the Buyer is refunded the full Order Total, including all Delivery Charges. The Returns & Refunds Policy decision table sets this out.

10.4.4 Where a parcel later turns up after a refund has been paid, you must tell us. You may either return it to the Vendor at the Vendor's cost, or pay for it again if you want to keep it. Keeping both the Item and the refund is a breach of the Marketplace Rules.


11. Collection in person

11.1 Some Listings allow the Buyer to collect the Item from the Vendor, or from a place the Vendor nominates. Collection is arranged between the Buyer and the Vendor. We are not present, we do not supervise, and we do not control what happens at a collection.

11.2 Payment for a collection Order still runs through escrow, exactly as it does for a delivered Order. The Order Total is paid at checkout into the Escrow Account before or at collection, and the Buyer confirms acceptance in the Platform once they have the Item.

11.3 No cash. No off-platform EFT. No exceptions. If you pay in cash or in any other way outside the Platform at a collection, you do so entirely at your own risk. The escrow, the Acceptance Window and the Dispute process do not apply and we cannot recover your money. Clause 4.5 of the Payment Terms explains this.

11.4 A Vendor must not make collection conditional on a cash payment, and must not refuse to hand over an Item for which escrow payment has been made.

11.5 Identity verification on collection.

11.5.1 The Vendor is entitled to ask the collecting person to show a South African identity document, a driver's licence or a passport, and to confirm that the name matches the Order.

11.5.2 The Buyer is entitled to ask the same of the Vendor.

11.5.3 Neither of you may photograph, copy or retain the other's identity document. You may look at it and confirm the name. Retaining a copy is processing Personal Information for which you have no lawful basis, and clause 16.2.10 of the Terms & Conditions prohibits using another User's Personal Information for any purpose other than completing the Order.

11.5.4 If someone else is collecting on your behalf, say so in the Platform message thread beforehand and give their name.

11.6 Safety. Clause 11 of the Marketplace Rules sets out safety guidance for meeting in person. In short: meet in a busy public place in daylight, or at a South African Police Service station's designated safe trading area; do not go alone; do not meet at your home; inspect and test the Item before you confirm acceptance; do not carry cash; and if something feels wrong, leave.

11.7 Inspect at collection. Collection is your best opportunity to check the Item. Test it. Check the serial or IMEI number against the Listing. Check that everything described is present. Confirm acceptance in the Platform only once you are satisfied.

11.8 The Acceptance Window runs from collection in the same way as it runs from delivery.

11.9 If the Vendor does not arrive, or the Item is not as described, do not confirm acceptance. Record what happened in the Platform message thread and lodge a Dispute.


12. What can and cannot be shipped

12.1 Prohibited and restricted Items

12.1.1 The Marketplace Rules set out in full what may and may not be listed on the Platform. An Item that may not be listed may not be shipped.

12.1.2 This clause deals with a different question: Items that are lawful to sell but that couriers will not carry, or will carry only on conditions.

12.2 Items couriers will not carry

12.2.1 Our courier partners will not carry, or will carry only under a special arrangement: [INSERT: courier exclusions — the actual list of goods the courier partners named in clause 4.1.2 refuse to carry or restrict, taken from their terms].

12.2.2 The exclusions typically include:

(a) loose lithium-ion and lithium-metal cells and batteries shipped on their own, and damaged, defective or recalled batteries of any kind. A lithium battery contained in or packed with the equipment it powers — a laptop, a phone, a power tool, a cordless appliance — may usually be carried, provided it is undamaged, is protected against short circuit and movement, and the parcel is declared and labelled as the Courier requires;

(b) aerosols and pressurised containers — spray paint, deodorant, hairspray, insecticide, tyre inflator, gas canisters and compressed-gas cylinders;

(c) flammable liquids and solids — petrol, paraffin, thinners, solvents, some adhesives, some nail products and some perfumes and aftershaves with a high alcohol content;

(d) corrosives, oxidisers, toxic and infectious substances, pool chemicals, and pesticides;

(e) explosives, fireworks, ammunition, primers and flares;

(f) magnets above a stated strength, and radioactive material;

(g) perishable foodstuffs, live animals, live plants and biological samples;

(h) cash, negotiable instruments, bullion, uncut precious stones and jewellery above a stated value; and

(i) firearms and firearm parts, which in any event may not be listed on the Platform.

12.2.3 It is the Vendor's responsibility to know what the Courier will and will not carry, and to declare the contents of a parcel honestly.

12.2.4 A Vendor who ships a prohibited or undeclared dangerous item:

(a) commits a material breach of the Vendor Agreement and the Marketplace Rules;

(b) may commit an offence, and may be liable to the Courier and to anyone injured;

(c) will bear the full cost of any resulting loss, damage, fine, clean-up or claim; and

(d) will be removed from the Platform.

12.2.5 A Buyer who receives a parcel that appears to be leaking, smoking, smelling of solvent or otherwise dangerous must not open it. Move away from it, keep people and pets away, and if there is any risk of fire or injury call the emergency services. Then report it to us immediately.

12.3 Large, heavy and bulky Items

12.3.1 Items above [INSERT: the weight and dimension limits above which standard courier delivery is not available] cannot be sent by standard courier and require a specialised or furniture-removal service, or collection.

12.3.2 For large Items the Listing must state the delivery method, whether the service is kerbside (the Item is left at the door or the kerb) or includes carrying it inside, whether more than one person is needed to receive it, and whether assembly or installation is included.

12.3.3 Kerbside delivery is the default for large Items unless the Listing says otherwise. The Courier is not obliged to carry an Item up stairs, into a room, or through a narrow entrance.

12.3.4 Measure your doorways, passages, stairwells and lift before you buy a large Item. An Item that does not fit through your door is not a defective Item, and returning it will be at your cost unless the Listing gave incorrect dimensions.

12.4 Fragile Items

12.4.1 Fragile Items — glass, ceramics, screens, mirrors, artwork, instruments — must be packed to the standard in clause 12.5 and must be marked as fragile.

12.4.2 Many couriers exclude or limit liability for breakage of fragile items even when properly packed. A Vendor listing a fragile Item should say so in the Listing and should consider whether it is suitable for courier delivery at all.

12.5 Packaging standards for Vendors

12.5.1 Every Vendor must pack every Item so that it arrives in the condition described in the Listing. As a minimum:

(a) use a new or structurally sound box of an appropriate size and strength — not a soft bag for a rigid or fragile Item, and not a box that has been over-used;

(b) cushion the Item on all six sides so that it cannot move inside the box and does not touch the walls of the box;

(c) wrap each Item separately where more than one Item is in a parcel, so that they cannot rub or knock against each other;

(d) seal all seams with proper packaging tape — not masking tape, not string, not staples;

(e) protect screens and glass with rigid board on both faces;

(f) remove or immobilise loose parts, drain fuel and fluids from equipment, and secure moving parts;

(g) protect batteries against short circuit and movement, and comply with the Courier's declaration and labelling requirements;

(h) place the label flat and clearly, on the largest face, without covering it with tape that obscures the barcode, and remove or obliterate any old labels;

(i) include everything described in the Listing — accessories, cables, chargers, remotes, manuals, keys and original packaging where the Listing said it was included; and

(j) include a packing slip or an invoice identifying the Order number, so that the Buyer can match the parcel to the Order.

12.5.2 Consequences of inadequate packaging. Where an Item arrives damaged and the evidence shows that the packaging was inadequate:

(a) the Dispute will be determined in the Buyer's favour and the Buyer will be refunded from escrow, including all Delivery Charges;

(b) the Vendor will usually have no claim against the Courier, because couriers exclude liability for inadequately packed goods; and

(c) a pattern of packaging-related Disputes is a performance failure under the Vendor Agreement and will result in enforcement action.

12.5.3 Photograph the Item and the packed parcel before you seal it and hand it over. It is the cheapest insurance a Vendor can buy, and it is what wins a Dispute.


13. Delays we cannot control

13.1 Public holidays. No dispatch, transit or delivery happens on a South African public holiday, a Saturday or a Sunday, unless a Courier offers a weekend service and it was selected. Business Days exclude those days.

13.2 Peak periods. Delivery times lengthen materially around Black Friday and Cyber Monday, the December festive season and the January return period, Easter, Mother's Day and Father's Day, and school holidays. During a peak period, add [INSERT: additional Business Days to allow during peak periods] to the estimates in clause 6.4.1. We will publish notices on the Platform before each peak period.

13.3 Weather and road conditions. Flooding, storms, snow on mountain passes, fog at airports and road closures delay parcels, particularly on regional and rural routes.

13.4 Load-shedding and electricity supply interruptions. Load-shedding affects courier depot scanning, sorting equipment, tracking updates, network connectivity and our own systems. A tracking event that has not updated may simply mean that a depot's systems were down.

13.5 Other disruptions. Network, internet, fibre or mobile data outages; strikes and industrial action, including at couriers, ports and the postal service; civil unrest, looting and road blockades; fuel supply interruptions; system or courier IT failures; and any act of government or a regulator.

13.6 Clause 20 of the Terms & Conditions (force majeure) applies to these events. Neither we nor the Vendor is liable for a delay caused by something beyond reasonable control. This does not mean you lose your money: if the delay becomes unreasonable, you may cancel and be refunded from escrow under clause 6.2.2, under section 46(2) of ECTA, or under clause 20.3 of the Terms & Conditions.

13.7 We will tell you about a material and continuing disruption by notice on the Platform and, where an Order is affected, by email.


14. How delivery fits with escrow, returns and payment

14.1 Delivery does not release your money. Funds stay in escrow until the Acceptance Window closes or a Dispute is determined. Clause 5 of the Payment Terms sets out the full escrow flow.

14.2 After delivery you have the Acceptance Window, being [INSERT: Acceptance Window — number of days after delivery], to inspect the Item and either confirm acceptance or lodge a Dispute. If you do nothing, acceptance is deemed and the funds are released to the Vendor.

14.3 The Returns & Refunds Policy sets out your rights to return an Item and to be refunded, including your seven-day cooling-off right under section 44 of ECTA and your rights under the Consumer Protection Act, and contains the decision table showing who pays return shipping in each scenario.

14.4 The Payment Terms set out how refunds are paid, to which payment method, and in what timeframes.

14.5 Return shipping is a different thing from delivery. This Shipping Policy deals with getting the Item to you. The Returns & Refunds Policy deals with sending it back.


15. Disputes and complaints about delivery

15.1 A delivery problem — non-delivery, late delivery, damage in transit, shortage, or a parcel marked delivered that you did not receive — is dealt with through the Dispute process. It is the same five-step path in every document in the Platform Terms.

15.2 The Dispute escalation path:

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].

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

15.4 A determination we issue in Step 3 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, and Step 5 remains open to you.

15.5 Where the parcel has not yet been marked delivered, there is no Acceptance Window running. You may raise a delivery Dispute at any time while the Order is undelivered.

15.6 A complaint about this Shipping Policy, or about how we handled a delivery Dispute, goes to support@listsecure.co.za. Clause 26 of the Terms & Conditions sets out the full complaint and escalation route.

15.7 A complaint against the Courier itself is a matter between the Courier and its customer, which is ordinarily the Vendor. We will give you the records we hold to support such a complaint.


16. Changes to this Shipping Policy

16.1 We may change this Shipping Policy. The current version is always available on the Platform.

16.2 Where a change materially affects your rights, the Delivery Charges you pay or the dispatch and delivery timeframes, we will give you at least [INSERT: number of days' notice of a material change to the Shipping Policy] notice by email and by notification in the Platform.

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


17. Governing law and jurisdiction

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

17.2 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 Shipping 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.

17.3 Clause 17.2 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.


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