Terms & Conditions
Online Auction Platform — Second-Hand Goods
This document is prepared for informational and planning purposes only and does not constitute legal advice. It is based on legislation current as at March 2026. Innestato Auctions should engage qualified legal counsel to review and finalise these terms before publication.
Table of Contents
- Part A — General Provisions
- 1.Definitions & Interpretation
- 2.Company Information
- 3.Scope & Acceptance
- 4.Platform Role & Intermediary Status
- Part B — Registration & Compliance
- 5.User Registration — Bidders
- 6.User Registration — Sellers
- 7.Identity Verification & Anti-Money Laundering
- 8.Second-Hand Goods Act Compliance
- Part C — Auction Rules
- 9.Listing & Item Descriptions
- 10.Auction Process
- 11.Bidding Rules
- 12.Reserve Prices & Seller Bidding
- 13.Warranties & Condition of Goods
- Part D — Payments, Fees & Payouts
- 14.Commission & Fees
- 15.Payment Terms
- 16.Collection of Goods
- 17.Seller Payouts
- Part E — Returns, Cancellations & Disputes
- 18.Cooling-Off Period
- 19.Returns & Refunds
- 20.Dispute Resolution
- Part F — Liability & Legal
- 21.Limitation of Liability
- 22.Indemnification
- 23.Intellectual Property
- 24.Privacy & Data Protection
- Part G — General
- 25.Prohibited Conduct
- 26.Suspension & Termination
- 27.Amendments
- 28.Governing Law & Jurisdiction
- 29.Severability & General
- 30.Contact Information
1. Definitions & Interpretation
In these Terms & Conditions, unless the context indicates otherwise, the following words and expressions shall have the meanings assigned to them:
In these Terms & Conditions:
- headings are for convenience only and shall not affect interpretation;
- words importing the singular include the plural and vice versa;
- words importing one gender include the other genders;
- a reference to any legislation includes any subordinate legislation made under it and any amendment or re-enactment thereof.
2. Company Information
As required by Section 43 of the Electronic Communications and Transactions Act 25 of 2002.
| Trading Name | Innestato Auctions |
| Legal Entity | Innestato Holdings (Pty) Ltd |
| Registration Number | [To be confirmed upon CIPC registration] |
| Physical Address | Shop No. 5, Erf 459 Wilkoppies, 45 Buffeldoorn |
| Telephone | 087 265 7835 |
| Email Address | info@innestato.co.za |
| Website | https://innestato.co.za |
| Address for Legal Process | Shop No. 5, Erf 459 Wilkoppies, 45 Buffeldoorn |
| Information Officer (POPIA) | Petro Niemand (admin@innestato.co.za) |
| SAPS Dealer Registration | [To be obtained — Second-Hand Goods Act] |
| Self-Regulatory Body | None at present |
| Alternative Dispute Resolution | Internal dispute resolution process (see clause 20); escalation to the National Consumer Commission or a court of competent jurisdiction |
3. Scope & Acceptance
3.1. These Terms & Conditions (“Terms”) govern all access to and use of the Platform, including browsing, registration, bidding, selling, purchasing, and any other activity conducted through or in connection with the Platform.
3.2. By accessing the Platform, creating an account, or placing a bid, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with the Rules of Auction and the Privacy Policy (collectively, the “Agreement”).
3.3. These Terms are written in plain language in compliance with Section 22 of the Consumer Protection Act. If there is any inconsistency between these Terms and any prior agreement, representation, or understanding, these Terms shall prevail.
3.4. To register as a User, you must:
- be at least 18 years of age;
- be legally capable of entering into binding contracts under South African law;
- not have been previously suspended or banned from the Platform.
3.5. Where a User acts on behalf of a juristic person (company, close corporation, or trust), the User warrants that they are duly authorised to bind that entity, and these Terms shall bind the entity accordingly.
4. Platform Role & Intermediary Status
CPA Section 41 — Intermediary disclosure obligations.
4.1. Innestato acts solely as an agent and intermediary in facilitating the sale of goods between Sellers and Buyers. Innestato is not a party to the contract of sale, which is concluded directly between the Seller and the Buyer.
4.2. Innestato does not at any time take ownership or title of the goods listed on the Platform. The Seller retains ownership until such time as the Buyer has completed payment and collected the goods.
4.3. Innestato’s revenue is derived from Commission charged to the Seller. The default Commission rate is 15% of the Hammer Price. Innestato may agree a different Commission rate with individual Sellers in writing.
4.4. Innestato does not guarantee, warrant, or represent:
- the quality, condition, safety, legality, or fitness for purpose of any goods;
- the accuracy or completeness of any listing description;
- the ability or willingness of any Buyer or Seller to complete a transaction;
- the solvency or creditworthiness of any User.
In terms of Section 41 of the Consumer Protection Act, Innestato Auctions discloses that it acts as an intermediary in all transactions conducted on the Platform. The contract of sale is between the Seller and the Buyer. Innestato earns a commission from the Seller for facilitating the sale.
5. User Registration — Bidders
5.1. All Bidders must register on the Platform and have their account approved by Innestato before placing any bids.
5.2. In compliance with CPA Regulation 30 (online auctions), the following information is required at registration:
- full name and surname;
- South African identity number (or passport number for foreign nationals);
- date of birth (you must be 18 years or older);
- physical residential address;
- contact telephone number and email address;
- preferred payment method.
5.3. The Platform will automatically record your IP address at the time of registration and when placing bids, as required by Regulation 30.
5.4. Innestato will conduct Customer Due Diligence (CDD) in terms of FICA before your first transaction. This may require you to upload copies of your identity document and proof of residential address.
5.5. Each person may hold only one account. Creating multiple or duplicate accounts is prohibited and will result in the suspension of all associated accounts.
5.6. Account approval is at Innestato’s sole discretion. Innestato reserves the right to refuse registration without providing reasons.
5.7. You are solely responsible for maintaining the confidentiality of your login credentials. Any activity conducted through your account is your responsibility. Notify Innestato immediately if you suspect unauthorised use of your account.
6. User Registration — Sellers
6.1. Sellers must register a separate seller profile and provide the following information:
- full name and surname;
- South African identity number (or passport number for foreign nationals);
- physical residential address;
- contact telephone number;
- a legible copy of a valid South African identity document (or passport);
- banking details for payout purposes (account holder name, bank, branch code, account number).
6.2. For each Lot consigned for sale, the Seller must complete a declaration of ownership in the form prescribed by Innestato, confirming that:
- the Seller is the lawful owner of the goods, or is duly authorised by the owner to sell the goods;
- the goods are not stolen, subject to any lien, encumbrance, or third-party claim;
- the goods are not subject to any court order or legal proceeding that would prevent their sale.
The declaration of ownership is a mandatory requirement under Regulation 27 of the Consumer Protection Act. Sellers who provide false declarations may face criminal prosecution and will be permanently banned from the Platform.
6.3. The Seller acknowledges that Innestato is required to maintain records of all goods received and sold in terms of the Second-Hand Goods Act and that such records may be inspected by SAPS.
6.4. The Seller is solely responsible for providing accurate and complete item descriptions, including disclosing all known defects, in accordance with clause 9.
7. Identity Verification & Anti-Money Laundering
Financial Intelligence Centre Act 38 of 2001 (FICA)
7.1. Innestato is a reporting institution under Schedule 3 of FICA. All Users must undergo Customer Due Diligence (CDD) before the establishment of a business relationship or the conclusion of any transaction.
7.2. CDD requirements include, but are not limited to:
- verification of identity using an official identity document;
- verification of residential address;
- where applicable, verification of the source of funds;
- for juristic persons: company registration documents, proof of authorisation, and identification of beneficial owners.
7.3. Innestato reserves the right to request additional documentation at any time during the business relationship in order to satisfy its ongoing CDD obligations.
7.4. If CDD cannot be completed to Innestato’s satisfaction, Innestato may refuse to establish the business relationship, or suspend or terminate an existing account.
7.5. Innestato is required by law to report the following to the Financial Intelligence Centre (FIC):
- cash transactions equal to or exceeding R25,000;
- suspicious or unusual transactions, regardless of value;
- any transaction that may be linked to money laundering, terrorist financing, or sanction evasion.
7.6. Records relating to CDD, transactions, and reporting are retained for a minimum of 5 years after the business relationship has ended, as required by FICA.
8. Second-Hand Goods Act Compliance
8.1. Innestato is registered as a dealer in second-hand goods with the South African Police Service in terms of the Second-Hand Goods Act, No. 6 of 2009.
8.2. All goods consigned for sale through the Platform are recorded in Innestato’s second-hand goods register. The register includes:
- a description of each item, including make, model, colour, and distinguishing features;
- serial numbers, IMEI numbers, or other identifying marks (where applicable);
- the full name, identity number, and residential address of the Seller;
- the date the goods were received;
- the date and price of sale (where applicable).
8.3. Records in the second-hand goods register are retained for a minimum of 5 years.
8.4. Sellers must not alter, deface, remove, or tamper with any serial numbers, IMEI numbers, or other identifying marks on goods offered for sale. This is a criminal offence under Section 22 of the Second-Hand Goods Act.
8.5. If Innestato suspects, or has reason to believe, that any goods offered for sale or in its possession are stolen, Innestato will:
- immediately report the matter to SAPS;
- retain the goods and make them available to SAPS for inspection or seizure;
- suspend the relevant User’s account pending investigation.
8.6. Goods may be subject to a holding period before release to the Buyer, as required by SAPS or applicable law.
8.7. SAPS has the right to inspect Innestato’s premises, records, and second-hand goods register at any time in terms of the Second-Hand Goods Act.
The rules set out in this Part C also form the basis of the standalone Rules of Auction document published on the Platform, as required by CPA Regulation 21. In the event of any inconsistency, the standalone Rules of Auction shall prevail for matters specifically relating to the conduct of Auctions.
9. Listing & Item Descriptions
9.1. Sellers must provide accurate, complete, and truthful descriptions for each Lot, including:
- a clear description of the item, including make, model, and condition;
- clear photographs showing the item from multiple angles;
- all known defects, damage, missing parts, or functional issues, each individually described;
- any relevant serial numbers or identifying marks.
9.2. No blanket “sold as-is” or “voetstoots” disclaimers are permitted. Every known defect must be individually disclosed and brought to the attention of prospective Bidders.
9.3. The listing description, photographs, and condition disclosures together constitute the reasonable opportunity for inspection required under the Consumer Protection Act. Bidders are deemed to have inspected the goods by reviewing these materials before placing a bid.
9.4. Innestato reserves the right to reject, modify, or remove any listing that:
- contains inaccurate, misleading, or incomplete information;
- offers prohibited items (see clause 9.5);
- violates any applicable law or these Terms.
9.5. The following items may not be listed on the Platform:
- stolen goods or goods suspected to be stolen;
- firearms, ammunition, or explosives (unless the Seller holds a valid licence and prior written approval has been obtained from Innestato);
- goods that are restricted, prohibited, or illegal under South African law;
- goods subject to a third-party claim, lien, or encumbrance;
- recalled products or goods that have been declared unsafe;
- counterfeit goods or goods that infringe intellectual property rights.
10. Auction Process
10.1. Each Lot constitutes a separate and independent transaction. In terms of Section 45(2) of the CPA, each Lot in an Auction is a separate sale.
10.2. Auctions on the Platform are conducted as timed online auctions. There is no live or in-person bidding.
10.3. An Auction is completed when the auction timer expires or when Innestato sends a confirmation notification to the Winning Bidder (the digital equivalent of the “fall of the hammer”).
10.4. Sellers may set a Reserve Price for any Lot. In terms of Section 45(4) of the CPA, the existence of a Reserve Price (but not the Reserve Price amount) is clearly indicated on the listing.
10.5. If a Reserve Price has been set and the highest bid at auction close does not meet or exceed the Reserve Price, the Lot is not sold. The Seller may then choose to relist the item, reduce the reserve, or withdraw the item.
10.6. If no Reserve Price has been set, the Lot will be sold to the highest Bidder at the close of the Auction, regardless of the price achieved.
10.7. In terms of Section 45(3) of the CPA, a bid may be retracted at any time before the Auction is completed. Once the Auction is completed, the Winning Bid is binding on the Buyer.
10.8. The Platform may automatically extend the auction timer if one or more bids are placed in the final moments of an Auction (“anti-sniping”). The extension period and conditions are set by the Platform and may vary per Auction.
11. Bidding Rules
11.1. All bids must be expressed in South African Rand (ZAR).
11.2. Minimum bid increments may be set by the Platform for each Auction. Bids must meet or exceed the applicable minimum increment.
11.3. By placing a bid, you irrevocably commit to purchase the Lot at that price should your bid be the Winning Bid at the close of the Auction, subject to your right to retract the bid before auction completion (clause 10.7).
11.4. Shill bidding is strictly prohibited. No Bidder may bid on their own Lots, nor may any person collude with the Seller to artificially inflate bids. Any User found to have engaged in shill bidding will have their account permanently banned and the affected Auctions voided.
11.5. Innestato reserves the right to void any bid that it reasonably believes was placed in error, fraudulently, or in violation of these Terms.
11.6. Automated or “bot” bidding is prohibited, except through the Platform’s own proxy (automatic) bidding system, where available.
11.7. Proxy bidding, where available, allows a Bidder to set a maximum bid amount. The Platform will automatically bid on the Bidder’s behalf up to the specified maximum, using the minimum required increments.
12. Reserve Prices & Seller Bidding
12.1. A Reserve Price is the minimum price a Seller is willing to accept for a Lot. The Seller may set a Reserve Price when listing a Lot.
12.2. Whether a Lot has a Reserve Price is clearly indicated on the listing (i.e. “Reserve” or “No Reserve”). The actual Reserve Price amount is not disclosed to Bidders.
12.3. In terms of Section 45(5) of the CPA, if the Seller or the auctioneer wishes to bid at the Auction, this right must be expressly reserved and disclosed in advance. Innestato does not bid on its own Auctions.
12.4. Any Seller who wishes to reserve the right to bid on their own Lot must disclose this at the time of listing. Failure to disclose constitutes a breach of these Terms and the CPA.
13. Warranties & Condition of Goods
13.1. In terms of Section 55(6) of the CPA, goods sold at an auction are excluded from the implied warranty of quality set out in Section 55(2). This means that, unlike ordinary retail sales, auction goods are not automatically warranted to be of good quality, free from defects, or fit for purpose.
13.2. Notwithstanding the exclusion in clause 13.1, no blanket “voetstoots” (as-is) clauses are permitted. The Seller must individually disclose all known defects. The CPA prohibits blanket waivers that attempt to absolve Sellers of responsibility for undisclosed defects.
13.3. The Seller warrants that:
- the listing description is accurate and truthful;
- all known defects, damage, and functional issues have been individually disclosed;
- any photographs are a fair representation of the item’s current condition.
13.4. The Buyer acknowledges that they have reviewed the listing description, photographs, and condition disclosures before placing a bid, and that these materials constitute the inspection mechanism for the purposes of these Terms.
13.5. Innestato does not independently verify, inspect, test, or guarantee the accuracy of any Seller’s listing description, and accepts no liability for inaccuracies or omissions in listing descriptions.
14. Commission & Fees
14.1. Innestato charges the Seller a Commission of 15% of the Hammer Price for each successfully completed transaction. The Commission is deducted from the sale proceeds before the Seller payout is processed.
14.2. No buyer’s premium or buyer’s commission is charged. The Hammer Price is the total amount payable by the Buyer.
14.3. Innestato absorbs all payment processing fees, including Yoco card processing fees. No additional fees are passed on to the Buyer or Seller.
14.4. Innestato is not currently registered for Value-Added Tax (VAT). When Innestato’s taxable supplies reach the mandatory registration threshold (currently R1,000,000 in any 12-month period), Innestato will register for VAT. Upon registration, VAT at the prevailing rate (currently 15%) will be levied on the Commission amount. Users will be notified of this change with no less than 30 days’ notice.
14.5. Innestato reserves the right to vary the Commission rate from time to time. Any change to the Commission rate will be communicated with no less than 30 days’ notice and will apply only to Auctions commencing after the effective date of the change.
15. Payment Terms
15.1. The Winning Bidder (Buyer) must complete payment of the full Hammer Price within 24 hours of the close of the Auction.
15.2. The following payment methods are accepted:
- Card payment via Yoco — payment processed through the Platform using Yoco’s secure payment gateway;
- EFT (Electronic Funds Transfer) — bank transfer to Innestato’s designated bank account using the reference number provided;
- Cash on collection — payment in cash at the time of collecting the goods at Innestato’s premises.
15.3. Payment is only confirmed when cleared funds have been received by Innestato. For EFT payments, the Buyer may be required to submit proof of payment to expedite confirmation.
15.4. For EFT payments, the Buyer must use the specific reference number provided by the Platform. Innestato is not responsible for misallocated payments resulting from incorrect or missing references.
15.5. If payment is not received within 24 hours of auction close, Innestato may, at its sole discretion:
- relist the Lot for sale without further notice to the Buyer;
- suspend the Buyer’s account until the outstanding amount has been settled;
- restrict the Buyer from placing further bids on the Platform.
15.6. Outstanding payments from previous transactions must be settled in full before a Buyer may place any new bids.
16. Collection of Goods
16.1. Goods must be collected from Innestato’s premises within 7 calendar days of payment confirmation.
16.2. Collection is available during the following hours:
- Monday to Friday: 09:00 – 17:00
- Saturday: 09:00 – 13:00
- Sundays and public holidays: Closed
16.3. The Buyer may appoint a third party to collect goods on their behalf, provided that the third party presents:
- a written letter of authorisation signed by the Buyer;
- a copy of the Buyer’s identity document;
- the third party’s own identity document.
16.4. Risk of loss, damage, or deterioration of the goods transfers from Innestato to the Buyer upon collection. Innestato accepts no liability for goods once they have left its premises.
16.5. If goods are not collected within 7 calendar days of payment confirmation:
- the Buyer’s account will be suspended;
- Innestato may relist the item without refund of the purchase price.
16.6. If goods remain uncollected for 30 calendar days after payment confirmation, they will be deemed abandoned. Innestato may dispose of or relist such goods without liability to the Buyer and without any obligation to refund the purchase price.
16.7. Innestato does not currently offer delivery or shipping services. All goods must be collected in person from Innestato’s premises.
17. Seller Payouts
17.1. Seller payouts are processed via EFT to the bank account registered on the Seller’s profile.
17.2. The payout amount is calculated as the Hammer Price minus the Commission and any other applicable fees or deductions.
17.3. Payouts are processed within 14 Business Days of payment confirmation by the Buyer. Innestato holds buyer funds in trust between the time of payment and the processing of the seller payout.
17.4. Payout may be delayed if:
- a dispute or return request has been lodged (see clauses 19 and 20);
- Innestato is conducting a compliance investigation;
- the Seller’s banking details are incorrect or cannot be verified;
- the transaction is subject to a FICA reporting obligation.
17.5. A commission statement is provided for each payout via the Seller’s dashboard, detailing the Hammer Price, Commission deducted, and the net payout amount.
18. Cooling-Off Period
18.1. Section 44 of the Electronic Communications and Transactions Act provides that a consumer who concludes a transaction by way of an electronic agent may cancel the transaction within 7 days of receiving the goods, without reason or penalty.
18.2. It is Innestato’s position that auction sales constitute a distinct commercial mechanism in which Bidders voluntarily participate in a competitive process with knowledge that the highest bid at the close of the Auction will be binding. Auction sales are not equivalent to ordinary electronic transactions contemplated by Section 44.
18.3. Accordingly, the 7-day cooling-off right under Section 44 of the ECT Act does not apply to purchases made through Auctions on this Platform. Winning bids are binding upon the close of the Auction.
18.4. This clause is subject to any contrary determination by a court of competent jurisdiction or the National Consumer Commission. Should a court or the NCC determine that Section 44 applies to auction sales, Innestato will comply with such determination.
18.5. Nothing in this clause affects a Buyer’s rights under clause 19 (Returns & Refunds) in respect of goods that are materially not as described.
19. Returns & Refunds
19.1. Goods may be returned if they are materially not as described in the listing, or if they have defects that were not individually disclosed by the Seller.
19.2. To request a return, the Buyer must:
- notify Innestato in writing (via email or the Platform) within 7 days of collection;
- provide clear photographs of the goods showing the issue;
- provide a written description of how the goods differ from the listing or what defects were not disclosed.
19.3. Innestato will assess the claim and may request the Buyer to return the item to Innestato’s premises for inspection.
19.4. If the return is approved:
- the Buyer will receive a full refund of the Hammer Price;
- the refund will be processed within 14 Business Days of the approved return;
- Commission may still be charged to the Seller, at Innestato’s discretion.
19.5. A return will not be approved in the following circumstances:
- the item was damaged by the Buyer after collection;
- the defect or condition was individually disclosed in the listing and acknowledged by the Buyer;
- the Buyer has modified, altered, or attempted to repair the item;
- the return request was made after the 7-day notification period.
19.6. Returns based on buyer’s remorse, change of mind, or dissatisfaction with the price achieved are not accepted (see clause 18 regarding cooling-off).
20. Dispute Resolution
20.1. Innestato encourages the amicable resolution of all disputes. The following process applies:
Step 1 — Notification: The complainant must notify Innestato in writing (via email or the Platform) within 7 days of the issue arising, providing full details of the complaint.
Step 2 — Investigation: Innestato will investigate the complaint and attempt to resolve the matter within 10 Business Days of receipt. Innestato may contact both parties, request additional information, or arrange an inspection of the goods.
Step 3 — Escalation: If the complaint cannot be resolved to the satisfaction of the complainant, the complainant may:
- lodge a complaint with the National Consumer Commission in terms of the Consumer Protection Act;
- refer the dispute to a court of competent jurisdiction.
20.2. Innestato’s decision on disputes between Buyers and Sellers is a recommendation only and is not binding on the parties. Both parties retain their rights to seek redress at law.
20.3. Disputes involving amounts of R20,000 or less may be referred to the Small Claims Court having jurisdiction.
21. Limitation of Liability
21.1. Innestato acts as an intermediary and, to the maximum extent permitted by law, shall not be liable for:
- the quality, condition, safety, legality, or fitness for purpose of any goods sold through the Platform;
- the accuracy or completeness of any listing description provided by a Seller;
- the conduct, performance, or non-performance of any Buyer, Seller, or other User;
- any loss or damage arising from a transaction between a Buyer and a Seller;
- any interruption, delay, or failure of the Platform, whether caused by technical issues, maintenance, or events beyond Innestato’s reasonable control.
21.2. Innestato’s total aggregate liability for any claim arising out of or in connection with a particular transaction shall not exceed the Commission earned by Innestato on that transaction.
21.3. In no event shall Innestato be liable for any indirect, consequential, incidental, special, or punitive damages, including but not limited to loss of profit, loss of revenue, loss of data, or loss of business opportunity.
21.4. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under South African law, including liability under Section 51 of the Consumer Protection Act.
22. Indemnification
22.1. You agree to indemnify, defend, and hold harmless Innestato, its directors, employees, agents, and affiliates from and against any and all claims, demands, losses, damages, costs, and expenses (including reasonable legal fees) arising from or in connection with:
- your breach of these Terms or any applicable law;
- inaccurate, incomplete, or misleading listing descriptions provided by you;
- the sale of stolen, counterfeit, prohibited, or illegal goods through your account;
- any infringement of intellectual property rights;
- your failure to comply with FICA, the Second-Hand Goods Act, POPIA, or the CPA;
- any dispute with another User arising from a transaction on the Platform.
23. Intellectual Property
23.1. The Platform, including its design, layout, source code, graphics, logos, and all written content, is the intellectual property of Innestato and is protected by applicable copyright and intellectual property laws.
23.2. By listing goods on the Platform, Users grant Innestato a non-exclusive, royalty-free, worldwide licence to use, reproduce, display, and distribute the listing content (including descriptions and photographs) for the purpose of operating the Platform and promoting the Auction.
23.3. Users may not, without the prior written consent of Innestato:
- reproduce, copy, scrape, or mirror any part of the Platform;
- use the Platform’s content for any commercial purpose other than participating in Auctions;
- use the Innestato name, logo, or branding in any manner that suggests endorsement or affiliation.
24. Privacy & Data Protection
Protection of Personal Information Act 4 of 2013 (POPIA)
24.1. Innestato processes personal information in accordance with the Protection of Personal Information Act (POPIA) and the eight conditions for lawful processing set out therein.
24.2. The Information Officer responsible for POPIA compliance is Petro Niemand (admin@innestato.co.za).
24.3. Full details of how Innestato collects, processes, stores, and protects personal information are set out in the Privacy Policy, which is available on the Platform.
24.4. Personal information is collected as required by:
- CPA Regulation 30 (bidder registration for online auctions);
- FICA (identity verification and CDD);
- the Second-Hand Goods Act (seller records and goods register).
24.5. Personal information is retained for a minimum of 5 years after the end of the business relationship, in compliance with FICA and the Second-Hand Goods Act retention requirements.
24.6. Users have the right to:
- request access to their personal information held by Innestato;
- request correction of inaccurate personal information;
- request deletion of personal information (subject to legal retention obligations);
- object to the processing of personal information on reasonable grounds.
24.7. In the event of a data breach that compromises the confidentiality or integrity of personal information, Innestato will notify the Information Regulator and affected Users in accordance with Section 22 of POPIA.
25. Prohibited Conduct
25.1. The following conduct is prohibited on the Platform:
- shill bidding, bid manipulation, or any form of collusion to artificially influence auction outcomes;
- creating multiple or duplicate accounts;
- listing stolen, counterfeit, prohibited, or illegal goods;
- providing false, misleading, or incomplete information during registration or in listings;
- interfering with, disrupting, or attempting to compromise the operation or security of the Platform;
- harassing, threatening, or abusing other Users;
- circumventing Commission by arranging transactions with other Users outside of the Platform;
- using the Platform for any purpose other than legitimate buying and selling through Auctions.
25.2. Any User found to have engaged in prohibited conduct may, at Innestato’s sole discretion, face:
- immediate suspension or permanent banning of their account;
- voiding of affected Auctions or transactions;
- forfeiture of any pending payouts;
- reporting to the relevant authorities (SAPS, FIC, NCC) where applicable.
26. Suspension & Termination
26.1. Innestato may suspend or terminate any User account at any time and without prior notice if:
- the User is in breach of these Terms;
- Innestato is required to do so by law or by a court order;
- the User’s account is linked to suspected fraudulent, illegal, or suspicious activity;
- CDD cannot be completed to Innestato’s satisfaction.
26.2. Innestato may suspend the Platform temporarily for maintenance, upgrades, or to address technical or security issues, and shall endeavour to provide reasonable notice where practicable.
26.3. Upon termination of an account:
- all outstanding obligations (including unpaid purchases and uncollected goods) survive termination;
- pending Seller payouts will be processed subject to compliance and the resolution of any disputes;
- the User’s personal information will be retained in accordance with clause 24.5.
26.4. A User may close their account by providing written notice to Innestato. All outstanding transactions must be completed before the account can be closed.
27. Amendments
27.1. Innestato reserves the right to amend, update, or modify these Terms from time to time.
27.2. Amendments will be published on the Platform and will take effect 30 days after the date of publication, unless a later date is specified.
27.3. Material changes will be notified to registered Users via email at the email address associated with their account.
27.4. Continued use of the Platform after the effective date of any amendment constitutes acceptance of the amended Terms. If you do not agree with the amendments, you must cease using the Platform and close your account in accordance with clause 26.4.
28. Governing Law & Jurisdiction
28.1. These Terms are governed by and shall be construed in accordance with the laws of the Republic of South Africa.
28.2. The parties submit to the non-exclusive jurisdiction of the Magistrate’s Court having jurisdiction, or, where applicable, the High Court of South Africa.
28.3. The following South African legislation applies to the Platform and transactions conducted thereon, and nothing in these Terms is intended to limit or exclude the application of such legislation:
- Consumer Protection Act, No. 68 of 2008;
- Electronic Communications and Transactions Act, No. 25 of 2002;
- Protection of Personal Information Act, No. 4 of 2013;
- Financial Intelligence Centre Act, No. 38 of 2001;
- Second-Hand Goods Act, No. 6 of 2009;
- Value-Added Tax Act, No. 89 of 1991 (when applicable).
29. Severability & General
29.1. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.
29.2. No failure or delay by Innestato in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof. No waiver shall be effective unless it is in writing and signed by an authorised representative of Innestato.
29.3. These Terms, together with the Rules of Auction and the Privacy Policy, constitute the entire agreement between you and Innestato with respect to your use of the Platform. These Terms supersede all prior agreements, representations, warranties, and understandings.
29.4. Headings in these Terms are for convenience of reference only and shall not affect the interpretation of these Terms.
29.5. No provision of these Terms shall be construed against Innestato merely because Innestato was responsible for the drafting thereof (the contra proferentem rule is excluded to the extent permitted by law).
30. Contact Information
| Legal Entity | Innestato Holdings (Pty) Ltd |
| Trading Name | Innestato Auctions |
| Physical Address | Shop No. 5, Erf 459 Wilkoppies, 45 Buffeldoorn |
| info@innestato.co.za | |
| Telephone | 087 265 7835 |
| Website | https://innestato.co.za |
| Information Officer (POPIA) | Petro Niemand (admin@innestato.co.za) |