Terms of Service

Effective Date:14 Febuary 2025

Welcome to 2ndHandBooks (“the Platform”), owned and operated by The Three Friends. These Terms of Service (“Terms”) govern your access to and use of the Platform located at 2ndhandbooks.co.za and any related services, tools, or features provided.

1. Acceptance of Terms

By accessing or using the Platform in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use or access the Platform.

2. Eligibility

1. You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Platform.
2. By using the Platform, you represent and warrant that you meet all the eligibility requirements. If you do not, you must not access or use the Platform.

3. User Accounts

1. Account Creation: In order to buy or sell items through 2ndHandBooks, you may need to register for an account. You agree to provide accurate, current, and complete information during registration.
2. Security: You are responsible for maintaining the confidentiality of your account login credentials. You agree to notify us immediately of any unauthorized use of your account.
3. Responsibility: You are fully responsible for all activities that occur under your account. 2ndHandBooks will not be liable for any loss or damage arising from your failure to comply with this section.

4. Listing and Selling Textbooks

1. Listings: Sellers are responsible for accurately describing the condition and details of the textbooks they list. Any misrepresentation could result in account suspension or other legal actions.
2. Ownership & Rights: By listing a textbook, you confirm you own the item or have the right to sell it, and it does not infringe any third-party rights.
3. Pricing: All prices are set by the seller. We may suggest recommended ranges, but ultimate pricing is at the seller’s discretion.
4. Prohibited Items: You may not list any items that violate local, state, federal, or international laws, or that violate our policies (including any items that are counterfeit or stolen).

5. Purchasing Textbooks

1. Order Acceptance: A buyer’s order constitutes an offer to purchase the book(s). The order is deemed accepted only when the seller confirms shipment or otherwise indicates acceptance.
2. Payment Processing: All payments will be processed through our designated payment gateways or methods. You agree to abide by any additional terms from the payment service provider.
3. Fees: Some transactions may involve fees such as listing fees, transaction fees, or shipping fees. Any such fees will be disclosed during the transaction process.

6. Shipping and Delivery

1. Responsibilities: Sellers are responsible for promptly shipping textbooks once a sale is confirmed. Buyers are responsible for providing accurate shipping addresses.
2. Timelines: We encourage sellers to ship items within 3-5 days of receiving payment.
3. Delays and Disputes: 2ndHandBooks is not liable for shipping delays or issues arising from courier services. If disputes arise, please contact support@2ndhandbooks.co.za or use our dispute-resolution process.

7. Returns and Refunds

1. Refund Policy: We encourage sellers to provide clear and fair return policies in their listings. If no return policy is stated, default local consumer protection regulations may apply.
2. Damaged or Incorrect Items: If you receive a textbook that is damaged or significantly not as described, please contact the seller first to request a resolution.
3. Resolution Process: If a mutual agreement cannot be reached, 2ndHandBooks may step in to mediate. Our decision in such cases is final and binding, to the extent permitted by law.

8. User Conduct

1. Prohibited Activities: You agree not to engage in activities that:

Violate any applicable law or regulation.
Infringe upon the rights of others, including intellectual property rights.
Involve the distribution of spam or malicious software.
Are fraudulent, misleading, or deceptive.

2. Enforcement: We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision.

9. Intellectual Property

1. Platform Content: All content on the Platform (excluding user-generated content) is owned or licensed by 2ndHandBooks. You may not use, reproduce, distribute, or modify any content without our prior written permission.
2. User-Generated Content: By posting content, you grant 2ndHandBooks a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute such content solely for the purpose of operating and promoting the Platform.

10. Disclaimers

1. "As Is" Basis: The Platform is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied.
2. No Warranty of Accuracy: We do not guarantee the accuracy, completeness, or usefulness of any information on the Platform.
3. Third-Party Links: The Platform may contain links to third-party websites or resources. We are not responsible or liable for the availability or accuracy of such external sites.

11. Limitation of Liability

To the fullest extent permitted by applicable law, 2ndHandBooks and its owners, employees, agents, or affiliates shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your access or use of the Platform, even if advised of the possibility of such damages.

12. Indemnification

You agree to defend, indemnify, and hold harmless 2ndHandBooks, its affiliates, and their respective employees and agents from and against all claims, damages, costs, and expenses (including attorney’s fees) arising from or related to your use of the Platform, any violation of these Terms, or infringement by you of any third-party rights.

13. Termination

We reserve the right, at our sole discretion, to suspend or terminate your account or access to the Platform at any time, with or without notice, for any reason, including but not limited to violation of these Terms.

14. Modifications to the Terms

We may update or modify these Terms from time to time. We will post the revised Terms on the Platform and update the “Effective Date.” Your continued use of the Platform after posting constitutes acceptance of the changes.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Electronic Communications and Transactions Act (ECTA). You agree to submit to the personal and exclusive jurisdiction of the courts located in the ECTA, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by 2ndHandBooks, constitute the entire agreement between you and 2ndHandBooks concerning your use of the Platform.

17. Contact Us

If you have any questions or concerns regarding these Terms or the Platform, please contact us at:
Email: support@2ndhandbooks.co.za