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H2 ENTERPRISES (T/A H2 ONLINE AUCTIONS) TERMS AND CONDITIONS
1. Introduction Welcome to H2 Online Auctions, a division of H2 Enterprises. By accessing or using our platform, you agree to comply with and be bound by the following terms and conditions. These terms govern all transactions conducted through H2 Online Auctions and are intended to protect both buyers and sellers while ensuring the integrity of our auction process. Please read these terms carefully before placing any bids or listing any items. H2

Online Auctions operates from its head office located at:
110 Poolman Street, Kuruman, Northern Cape, South Africa.

2. Compliance with South African Laws
2.1 Auction Regulations: Our auctions are conducted in accordance with the Consumer Protection Act, 68 of 2008, and its associated regulations, including provisions specific to electronic auctions.

2.2 Second-Hand Goods Act Compliance: All sellers must ensure that items sold comply with the Second-Hand Goods Act, 6 of 2009, which regulates the trade of second-hand goods to prevent the sale of stolen property.

2.3 Protection of Personal Information Act (POPIA): H2 Online Auctions adheres to the Protection of Personal Information Act, 4 of 2013 (POPIA), ensuring that all personal data collected is securely stored and used only for legitimate business purposes.

2.4 VAT Compliance: H2 Online Auctions is VAT-registered and adheres to all applicable VAT regulations and procedures. VAT will be applied to all transactions as required by South African tax laws.

3. Voetstoots (As-Is) Sales
3.1 All items are sold "voetstoots" (as-is), without any warranties, guarantees, or implied conditions.

3.2 H2 Online Auctions does not guarantee the accuracy of item descriptions, authenticity, or condition. Buyers must inspect and verify items before placing a bid.

3.3 The buyer acknowledges that no returns, refunds, or exchanges will be permitted after the auction concludes.

4. Seller and Buyer Responsibilities
4.3 Proof of Ownership:
• It is the seller’s responsibility to provide proof of ownership for any listed item.
• Buyers are responsible for requesting proof of ownership before purchasing an item
. • H2 Online Auctions is not responsible for verifying ownership or ensuring that items are not stolen. 
• H2 Online Auctions strictly prohibits the sale of stolen goods and will not knowingly facilitate such transactions.
4.1 Sellers:
• Must provide accurate and complete information about their items.
• Ensure compliance with all applicable laws, including the Second-Hand Goods Act.
• Acknowledge that H2 Online Auctions is not liable for any misrepresentation of listed items.
4.2 Buyers:
• Are responsible for reviewing item descriptions and conducting due diligence before bidding.
• Acknowledge that all sales are final and items are purchased as-is. • Must arrange for the collection of purchased items within the designated timeframe.
• Deposit Requirement: No buyer will be registered to bid unless a deposit has been received and reflected in the H2 Enterprises bank account.

5. Bidding and Pricing
5.1 All bids are binding and cannot be retracted.

5.2 The highest bid at the close of the auction determines the final sale price, excluding commission and VAT.

5.3 If a buyer places the winning bid and fails to make payment, they will be liable for the commission lost by H2 Online Auctions due to the failed transaction. Repeated non-payment may result in account suspension or legal action.

6. Fees, Commission, and VAT
6.1 A commission fee and Value Added Tax (VAT) are added to the final bid price.

6.2 The applicable rates for commission and VAT will be clearly displayed on our platform prior to bidding.

6.3 H2 Online Auctions reserves the right to modify commission rates at any time. Notice of such changes will be communicated via our website or email.

7. Payments and Collections
7.1 Buyers must make full payment within 48 hours after the auction closes. Failure to do so may result in account suspension and legal action.

7.2 After payment is received, items must be collected within 7 working days. Failure to collect within this period may result in storage fees or forfeiture of the item.
7.3 H2 Online Auctions does not facilitate shipping or delivery; buyers and sellers must arrange collection or delivery independently.
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7.4 Sellers will be paid within 7 working days from when the funds for the lot or item reflect in the H2 Online Auctions bank account.
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7.5 Buyers and sellers agree that H2 Online Auctions will not be liable for any loss, theft, or damage to items after the auction concludes.
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7.6 Bank Details Responsibility: It is the responsibility of both buyers and sellers to ensure that accurate and complete bank account details are provided to H2 Online Auctions to ensure secure and smooth transactions. H2 Online Auctions is not liable for any issues arising from incorrect or incomplete bank details provided by users.
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8. Limitation of Liability
8.1 H2 Online Auctions acts solely as a facilitator and is not responsible for any disputes between buyers and sellers.
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8.2 We are not liable for any losses, damages, or claims arising from transactions conducted through our platform.
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8.3 Users indemnify H2 Online Auctions and its owners against any claims, legal actions, or disputes arising from their use of the platform.
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8.4 H2 Online Auctions shall not be responsible for any technical malfunctions, including server downtime, internet connectivity issues, or other disruptions beyond our control.
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9. Personal Information and Direct Marketing
9.1 Collection and Use:
• By registering on our platform, users consent to the collection and processing of their personal information for purposes related to our services and for direct marketing of our own products and services.
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9.2 Direct Marketing Consent:
• We will obtain explicit consent from users before sending any direct marketing communications via electronic means, in compliance with the Protection of Personal Information Act, 4 of 2013 (POPIA).
• Users have the right to object, free of charge and without unnecessary formality, to the processing of their personal information for direct marketing purposes at any time.
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9.3 Withdrawal of Consent:
• Users may withdraw their consent to receive direct marketing communications at any time. Such withdrawal will not affect the lawfulness of processing based on consent before its withdrawal.

9.4 Data Security: • H2 Online Auctions implements industry-standard security measures to protect personal information from unauthorized access or disclosure.

10. Dispute Resolution
10.1 Any disputes arising from transactions on our platform should be resolved directly between the buyer and seller.

10.2 H2 Online Auctions may, at its discretion, assist in facilitating communication between parties but is not obligated to mediate or resolve disputes.

10.3 In the event of a legal dispute, users agree that the jurisdiction shall be within South African courts.

11. Amendments to Terms and Conditions H2 Online Auctions reserves the right to modify these terms and conditions at any time. Continued use of our platform constitutes acceptance of any changes. Any modifications will be communicated through our official website or via email notification.

12. Governing Law These terms and conditions are governed by the laws of South Africa. Any legal disputes shall be subject to the jurisdiction of South African courts.

13. Termination and Account Suspension
13.1 H2 Online Auctions reserves the right to suspend or terminate any account at its sole discretion if a user is found to be in violation of these terms.

13.2 Fraudulent activities, including but not limited to bid manipulation, false item descriptions, or non-payment, will result in permanent account suspension and potential legal action.

14. Contact Information For any questions or concerns regarding these terms and conditions, please contact us at:
• Head Office Address: 110 Poolman Street, Kuruman, Northern Cape, South Africa
• Email: auctions@herne.co.za
• Phone: 071 600 7833

By registering and participating in auctions on H2 Online Auctions, users acknowledge that they have read, understood, and agreed to these terms and conditions.
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