Terms & Conditions

1. Introduction & Acceptance of Terms

These Terms and Conditions ("Terms") govern your access to and use of the SurplusStock website at surplusstock.co.za ("the Platform"), operated by:

By accessing, browsing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately cease using the Platform.

These Terms are governed by the Consumer Protection Act 68 of 2008 ("CPA"), the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act"), and the Protection of Personal Information Act 4 of 2013 ("POPIA"), all laws of the Republic of South Africa.

2. About SurplusStock

SurplusStock is an online platform that connects verified businesses selling surplus, excess, slow-moving, and dead stock with buyers across South Africa. The Platform primarily serves the automotive parts industry but may expand to other industries.

SurplusStock acts as an intermediary facilitator. We are not a party to the contract of sale between buyer and seller. We provide the technology platform, payment escrow services, and logistics integrations to enable safe and transparent transactions.

Product listings are created and managed by individual sellers. SurplusStock does not manufacture, warehouse, inspect, or guarantee the quality, safety, legality, or accuracy of any listed products.

3. Eligibility & Age Restriction

You must be at least 18 years of age and have the legal capacity to enter into binding contracts under South African law to use this Platform. By creating an account, you represent and warrant that you meet these requirements.

Seller accounts are available only to registered South African businesses with valid company registration numbers, tax clearance, and (where applicable) VAT registration.

4. Account Registration & Security

• You must provide accurate, current, and complete information during registration and keep it updated.
• You are responsible for maintaining the confidentiality of your login credentials.
• You are liable for all activities conducted under your account.
• Notify us immediately at support@surplusstock.co.za if you suspect unauthorised access.
• One person or entity may not maintain multiple accounts without prior written consent.

5. Product & Service Descriptions

The Platform hosts listings for surplus and excess stock, including but not limited to automotive filters, parts, accessories, and related products. All product descriptions, images, specifications, and pricing are provided by the seller and are the seller's responsibility.

While we encourage accurate listings and may take action against misleading content, SurplusStock does not guarantee the accuracy of any listing information. Buyers should exercise due diligence and contact sellers with questions before purchasing.

Products may be listed as "new," "unused," "surplus," or "excess" stock. These terms refer to stock that is genuine and unused but may have been held in inventory beyond its intended sales period.

6. Seller Verification

All sellers on SurplusStock are verified businesses. Our verification process includes:

• Confirmation of valid South African company registration (CIPC)
• Verification of physical business address
• Confirmation of authorised representative identity
• VAT registration verification (where applicable)

Seller identities are displayed anonymously to buyers (e.g., "Verified Seller - PE") until payment is confirmed, at which point contact and delivery details are exchanged to facilitate fulfilment. This protects sellers from price-shopping and unwanted direct solicitation.

7. Pricing & Transaction Currency

All prices on the Platform are quoted and transacted exclusively in South African Rand (ZAR). Prices include VAT where the seller is VAT-registered, and this is indicated on each listing and invoice.

Sellers set their own prices. SurplusStock may apply pricing rules or adjustments as agreed with individual sellers. The final price displayed to the buyer at checkout is the binding price.

8. Payment Processing & Escrow

All payments are processed securely through Stitch, a PCI-DSS compliant third-party payment gateway supporting card and instant EFT payments. SurplusStock does not store, process, or have access to your full credit/debit card details.

SurplusStock operates a pseudo-escrow payment model to protect both buyers and sellers:

1. Payment: When a buyer completes checkout, the payment gateway processes the full payment (item cost + shipping). Funds are held on the SurplusStock platform account.
2. Fulfilment: The seller is notified and must ship the order within 5 business days.
3. Delivery confirmation: The buyer is prompted to confirm receipt of goods. Automated reminders are sent on days 5, 6, and 7 after shipping.
4. Grace period: After delivery confirmation, a grace period applies during which the buyer may raise a dispute if the goods are materially different from the listing.
5. Fund release: After the grace period expires without dispute, funds are released to the seller via bank EFT, less the platform commission.
6. Auto-release: If the buyer does not confirm delivery or raise a dispute within the auto-release window (currently 7 days after marked as shipped), funds are automatically released to the seller.

By using the Platform, you acknowledge and consent to this payment flow and to Stitch processing your payment information in accordance with their Terms of Service and Privacy Policy.

9. Platform Commission

SurplusStock charges a commission on the item price of each successful transaction. Commission rates are set on a per-seller basis and are agreed upon during seller onboarding. Commission is deducted from the seller's payout at the time of fund release.

Commission applies to item prices only and does not apply to shipping costs. Payment gateway transaction fees are borne by the platform and are separate from seller commission.

10. Seller Payout Terms

• Seller payouts are processed after the buyer confirms delivery and the grace period has expired, or after auto-release.
• Payouts are made via bank EFT to the seller's registered bank account.
• The payout amount equals the item total less the agreed commission percentage.
• SurplusStock reserves the right to withhold payouts if a dispute is pending, fraud is suspected, or the seller has violated these Terms.
• Sellers must maintain valid bank account details on the Platform for payout purposes.

10A. Self-Billing Agreement

By registering as a seller on SurplusStock and providing a VAT registration number, you appoint SurplusStock (Pty) Ltd as your agent for the purpose of issuing tax invoices on your behalf, in accordance with Section 20(2) of the Value-Added Tax Act 89 of 1991.

• SurplusStock will issue a Settlement Statement (which serves as a tax invoice) for each payout, reflecting the goods you supplied through the Platform, commission deducted, and net settlement amount.
• You agree not to issue your own tax invoices for any transactions processed through the Platform to avoid duplicate invoicing.
• Settlement Statements will be generated using your registered company name, VAT number, and address as recorded on the Platform.
• A copy of each Settlement Statement will be emailed to you at the time of payout.
• You are responsible for ensuring your VAT registration details on the Platform are accurate and up to date.
• This self-billing arrangement may be terminated by either party with 30 days written notice.

11. Buyer Obligations

• Provide accurate contact, billing, and delivery information.
• Pay for goods promptly via approved payment methods at checkout.
• Inspect goods upon receipt and confirm delivery through the Platform within the specified timeframe.
• Raise any disputes or concerns within the grace period.
• Comply with all applicable South African laws.

12. Seller Obligations

• List only genuine stock that you legally own and have the right to sell.
• Provide accurate descriptions, quantities, condition, and fitment information.
• Fulfil and ship orders within 5 business days of payment confirmation.
• Update order status and provide tracking information where available.
• Honour accepted offers and pricing displayed at the time of purchase.
• Comply with the CPA, including the buyer's right to return defective or incorrectly described goods.
• Maintain accurate business and banking details on the Platform.
• Respond to buyer inquiries and disputes in a timely manner.

13. Delivery & Shipping

Shipping is facilitated through the following methods:

• Bob Go Couriers: Integrated courier service providing door-to-door delivery across South Africa. Shipping rates are calculated at checkout based on parcel dimensions and destination.
• Seller-managed shipping: Some sellers may offer their own delivery arrangements, collect options, or alternative courier services as indicated on the listing.

Estimated delivery timeframes:

• Major metros (JHB, CPT, DBN, PE): 2-5 business days after dispatch
• Secondary cities and towns: 3-7 business days after dispatch
• Remote areas: 5-10 business days after dispatch

These are estimates only and are not guaranteed. Delivery times may be affected by public holidays, weather, courier capacity, and other factors beyond our control.

Tracking information (where available) will be provided via email and your account dashboard once the seller dispatches the order.

Risk of loss passes to the buyer upon delivery. If a parcel is lost in transit, the buyer should contact support@surplusstock.co.za to initiate a claim.

14. Returns & Refunds

In accordance with Section 20 of the Consumer Protection Act:

• Defective or incorrectly described goods: Buyers may return goods that are materially different from the listing description, defective, or damaged in transit. Returns must be initiated within 7 days of delivery by raising a dispute on the Platform.
• Cooling-off period: In terms of Section 44 of the ECT Act, buyers who purchase goods via the Platform have the right to cancel the transaction without reason within 7 days of receiving the goods, provided the goods are unused and in their original condition.
• Return shipping: For returns due to seller error (wrong item, defective, mis-described), the seller bears the return shipping cost. For change-of-mind returns under the cooling-off period, the buyer bears the return shipping cost.
• Refund processing: Once the returned goods are received and inspected by the seller, refunds are processed within 5-10 business days via bank transfer.
• Non-returnable items: Custom-ordered, cut-to-size, or specially sourced items are excluded from change-of-mind returns but remain subject to the CPA for defects.

Funds held in escrow will not be released to the seller while a dispute or return is pending.

15. Dispute Resolution

If a buyer is not satisfied with a purchase, disputes are handled as follows:

1. Raise a dispute: The buyer must raise a dispute through their account dashboard or by emailing support@surplusstock.co.za within the grace period, providing a description and photographic evidence where applicable.
2. Mediation: SurplusStock will attempt to mediate between the buyer and seller within 3 business days. Both parties are expected to cooperate in good faith.
3. Resolution: Possible outcomes include full refund, partial refund, replacement, or dispute dismissal. SurplusStock's decision on disputes is guided by the evidence provided and applicable law.
4. Chargebacks: If a buyer initiates a chargeback through their bank or card issuer before attempting the Platform dispute process, SurplusStock reserves the right to suspend the buyer's account pending investigation. Chargebacks that are found to be fraudulent may result in permanent account termination and legal action.
5. Escalation: If the dispute cannot be resolved through mediation, either party may escalate to the National Consumer Commission, a recognised ombudsman, or the courts of Port Elizabeth, Eastern Cape.

16. Limitation of Liability

To the fullest extent permitted by South African law:

• SurplusStock acts as a platform facilitator and is not responsible for the quality, safety, legality, or fitness for purpose of any products sold by sellers on the Platform.
• SurplusStock is not liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform, reliance on any product listing, or any transaction between buyer and seller.
• Our maximum aggregate liability for any claim arising from or related to the Platform shall not exceed the value of the specific transaction in dispute.
• We do not guarantee uninterrupted, error-free, or secure operation of the Platform.
• Sellers are solely responsible for product warranties, guarantees, and compliance with the CPA.

Nothing in these Terms excludes or limits liability that cannot be excluded under South African law, including liability for fraud or gross negligence.

17. Prohibited Activities

You may not use the Platform to:

• List, sell, or purchase counterfeit, stolen, or illegal goods.
• Provide false, misleading, or fraudulent information.
• Circumvent the Platform's payment system (e.g., arranging direct payment to avoid escrow).
• Manipulate listings, reviews, or ratings.
• Harass, threaten, or abuse other users.
• Scrape, crawl, or data-mine the Platform without written consent.
• Upload malware, viruses, or malicious code.
• Use the Platform for money laundering or terrorist financing.
• Violate any applicable South African or international law.
• Create multiple accounts to evade restrictions or bans.

18. Intellectual Property

All content on the Platform, including but not limited to the website design, logos, text, graphics, software, and user interface ("Platform Content"), is the property of OAR SUM AUTO MERCHANTS CC or its licensors and is protected by South African and international intellectual property laws.

Sellers retain ownership of content they upload (product images, descriptions) but grant SurplusStock a non-exclusive, royalty-free, worldwide licence to display, reproduce, and distribute such content on and in connection with the Platform.

You may not reproduce, modify, distribute, or create derivative works from any Platform Content without prior written consent.

19. Account Suspension & Termination

SurplusStock reserves the right to suspend, restrict, or permanently terminate any account at its sole discretion, including but not limited to cases where:

• You violate these Terms or any applicable law.
• Fraudulent, deceptive, or suspicious activity is detected.
• You abuse the dispute or chargeback process.
• You fail to fulfil orders as a seller within the required timeframe.
• Your account has been inactive for 12 months or more.
• You create or attempt to create duplicate accounts.

Upon termination, any pending transactions will be handled as follows: buyer funds in escrow will be refunded; seller payouts already released are non-recoverable except in cases of fraud.

You may close your account at any time by contacting support@surplusstock.co.za, subject to the completion of any pending transactions.

20. Consumer Data Protection (POPIA)

We are committed to protecting your personal information in compliance with the Protection of Personal Information Act 4 of 2013 (POPIA). Full details of how we collect, use, and protect your data are set out in our Privacy Policy.

By using the Platform, you consent to the collection and processing of your personal information as described in the Privacy Policy and these Terms.

21. Third-Party Payment Processor Disclosure

Payment processing on SurplusStock is provided by Stitch (Pty) Ltd. By making a purchase, you agree to Stitch's terms of service and privacy policy. Stitch is a licensed financial services provider and PCI-DSS compliant payment processor.

Your payment details are transmitted directly to Stitch via encrypted channels. SurplusStock does not have access to, store, or process your full card number, CVV, or banking credentials.

By using the Platform, you acknowledge and consent to your payment data being processed by Stitch, which may involve the transfer of data to servers located outside of South Africa, subject to appropriate data protection safeguards.

22. Data Transfer Disclosure

To provide our services, your personal data may be transferred to and processed by service providers located outside of South Africa, including:

• Supabase (database and authentication) - servers in the EU (Ireland)
• Stitch (payment processing) - servers in South Africa
• Netlify (website hosting) - CDN nodes globally
• Cloudflare (security and performance) - global network

All international data transfers are conducted in compliance with Section 72 of POPIA and are protected by appropriate technical and contractual safeguards, including encryption in transit and at rest.

23. Indemnification

You agree to indemnify, defend, and hold harmless OAR SUM AUTO MERCHANTS CC, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising out of or related to your use of the Platform, violation of these Terms, or infringement of any third-party rights.

24. Force Majeure

SurplusStock shall not be liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemic, war, strikes, power outages, internet disruptions, government actions, or failures of third-party service providers.

25. Amendments to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email to registered users and/or by a prominent notice on the Platform at least 14 days before taking effect.

Your continued use of the Platform after such changes constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the Platform.

26. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

27. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and OAR SUM AUTO MERCHANTS CC regarding the use of the Platform and supersede all prior agreements, representations, and understandings.

28. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, including the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002, and the Protection of Personal Information Act 4 of 2013.

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the Magistrates' Court or High Court of Port Elizabeth, Eastern Cape, South Africa.

30. Seller Conduct & Suspension Policy

SurplusStock reserves the right to suspend, restrict, or permanently terminate any seller account that engages in conduct deemed harmful to the platform, its buyers, or the platform's integrity. The following behaviours, without limitation, may result in suspension or termination:

Order Fulfilment Violations

• Repeatedly cancelling confirmed orders without reasonable cause
• Consistently failing to fulfil orders within the required timeframes
• Marking orders as shipped without dispatching goods
• Providing false or invalid tracking information

Pricing Manipulation

• Artificially inflating prices to exploit platform commission structures
• Listing items at misleading prices with hidden charges
• Engaging in price-fixing or collusion with other sellers
• Frequently changing prices after orders are placed to force cancellations

Shipping & Delivery Abuse

• Inflating shipping costs beyond reasonable courier rates
• Repeatedly failing to ship from the designated collection address
• Providing incorrect warehouse or branch addresses to manipulate shipping quotes
• Deliberately delaying shipment to pressure buyers into cancellation
• Misclassifying product groups or weights to obtain lower shipping quotes — if actual courier costs exceed quoted costs beyond the platform tolerance threshold, the difference will be deducted from the seller's payout
• Sellers must verify that shipping costs appear reasonable before accepting an order — accepting an order confirms agreement with the quoted shipping costs

Listing & Inventory Violations

• Listing items that are not in stock or not available for sale
• Misrepresenting product condition, specifications, or compatibility
• Using misleading titles, descriptions, or images
• Listing counterfeit, stolen, or prohibited goods

Platform Manipulation

• Creating multiple accounts to circumvent restrictions
• Manipulating reviews, ratings, or buyer feedback
• Exploiting system vulnerabilities, bugs, or loopholes
• Interfering with other sellers' listings or operations
• Attempting to divert transactions off-platform

Financial Misconduct

• Providing fraudulent banking or business documentation
• Attempting to manipulate payout calculations or commission structures
• Filing false disputes or chargebacks
• Failure to remit applicable taxes (including VAT) as required by law

Suspension Process

SurplusStock may bypass the graduated process and immediately suspend or terminate a seller account in cases of fraud, illegal activity, or conduct that poses an immediate risk to buyers or the platform.

Sellers may appeal a suspension by contacting support@surplusstock.co.za within 14 days of notification. Appeals will be reviewed within 10 business days.

31. Contact Us

For any questions, concerns, or complaints regarding these Terms, please contact us: