Retailer Terms and Conditions
Please read these terms and conditions carefully before using Our Service.
Overview and Acceptance of Use
Welcome to Hivve Wholesale (Pty) Ltd, the B2B E-Commerce Marketplace in South Africa. Thank you for your interest in becoming a retail buyer on Hivve, an online platform connecting local brands with local retailers in South Africa through its website (the "Site"). In these Terms of Service ("Terms"), the terms "We," "Us," "Our," and "Hivve" refer to Hivve Wholesale Pty (Ltd), a private company registered in South Africa with registration number 2023/174230/07, located in Midrand, South Africa. The terms "You" and "Your" refer to any visitor to the Site or Application and any user of the Services, including any member (as defined below).
Please carefully read these Retailer Terms, Our Privacy Policy, and the General Terms of Service. These documents govern Your access to and use of the Services. The Services are available to users who are 18 years or older. By using the Services, You represent and warrant that You are legally eligible to enter into a binding contract with Hivve and meet the age eligibility requirement. If You do not meet these requirements, You must not access or use the Services. If You are agreeing to these Terms on behalf of a company or legal entity, You represent and warrant that You have the authority to bind that entity to these Terms, and in such case, "You" and "Your" will refer to that entity.
By confirming these Terms of Service when registering, You agree to be bound by these Terms and all other terms and policies referenced herein. If You do not agree, You have no right to access or use the Services. If You are using the Services on behalf of an entity, You represent and warrant that You are authorized to accept these Terms on the entity's behalf, and that the entity agrees to indemnify You and [Your Company Name] for violations of these Terms.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
"Collective Content" Hivve Content and Member Content.
Country refers to: South Africa
Content means text, graphics, images, music, software (excluding the Application), audio, video, information, or other materials.
Member means a business entity or individual that completes the account registration process on Hivve ("Member").
Member Content means Content that a Member posts, uploads, publishes, submits, or transmits to Hivve to be made available through the Services.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Hivve Wholesale (Pty) Ltd (trading as Hivve), Midrand, South Africa.
Brand means a seller who offers to sell and/or sells its products to Retailers through the Services. The term “Brand” also includes “Distributor” as defined below.
Distributor means a seller who offers to sell and/or sells a third party brand’s products to Retailers on the Services under express, valid and continuous authorization from such third party brand.
Retailer means a buyer who purchases products through the Services for the purpose of resale.
Hivve Content Content provided by Hivve through the Services, including any Content licensed from a third party but excluding Member Content.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these General Terms and Conditions as well as the Retailer or Brand Terms and Conditions (depending on whether you are joining as a retailer or a brand) that form the entire agreement between You and the Company regarding the use of the Service.
Website refers to Hivve, accessible from www.hivve.co.za
You means the individual (whether a registered user or not) accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
General
The terms and conditions set out below apply to your use of the Website and Our Services.Your use of the Website and Our Services is conditional upon your acceptance of and compliance with the General Terms of Use, Retailer Terms of Use and any other terms, conditions, notices or disclaimers communicated to you via the Website, email or any other method deemed appropriate from time to time. Before using the Website or Our Services, please read and ensure you fully understand the Terms of Use.
Prior to registering with Our, you must accept the Terms of Use. Our will treat your use of the Website or Our Services as acceptance of the Terms of Use. If you do not agree to the Terms of Use, then you should not visit the Website or use Our Services.
Account Registration – Retail Account
Retailer Account Creation. In order to engage in product transactions via the Services as a Retailer, you must complete the registration process, establish a Retailer Account, and receive approval from Hivve. It's important to note that we maintain the right to deactivate your account if it comes to our attention that you are in violation of these Retailer Terms. This includes situations where you are offering products outside of Hivve-approved locations or through platforms other than Hivve, as described further.Eligibility Requirements. To be eligible for a Retailer Account, Retailers must have a functioning online, physical brick-and-mortar, or temporary pop-up store that is operational and prepared for business transactions.
Product Compliance
While Hivve closely scrutinizes products sold on the Services to ensure compliance with applicable law, You acknowledge and agree that Hivve is not required to determine whether the products sold on the Services, or any Content related thereto: (i) comply with all laws, rules and regulations, including but not limited to, safety, labelling, testing, warning, import/export, and/or other consumer protection law requirements; (ii) do not infringe upon the intellectual property, publicity or other rights of others; (iii) do not contain false, inaccurate or misleading information. You agree to conduct the necessary due diligence for compliance and suitability of Brands and their products and accept the legal implications of purchasing products sold on the Services, including but not limited to tax and duties, licensing and any customs formalities, duties or tariffs associated with international purchases. You hereby release Hivve from any liability with respect thereto, and agree to indemnify, defend and hold Hivve harmless for any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees made by any third party due to or arising out of your violation of these Retailer Terms, the General Terms and/or any law or the rights of a third party, and/or your use of or participation on the Services.Orders
Order Minimums. Brands may specify a minimum product quantity a Retailer must purchase before a Brand is willing to sell to a Retailer (an “Order Minimum”). This amount is set by each Brand and may vary between Brands. Brands have the option to set a different Order Minimum for first orders and reorders you place with them. Right to Refuse. You acknowledge and agree that Brands may refuse to complete your purchase and Hivve may cancel a purchase for any reason.Inventory. Hivve will encourage Brands to have sufficient inventory to sell goods to Retailers. However, you acknowledge and agree that Hivve does not guarantee a Brand's inventory or that there will be enough product to sell to you.
No Circumvention. You acknowledge and agree that you will place all orders for a Brand's product through the Services for any Brand that you are first introduced to through the Services. You acknowledge and agree that you will not influence Brands, or otherwise circumvent Hivve’s process or the Services, by transacting orders with Brands you were introduced to through the Services outside of the Services. Failure to comply with this provision may result in temporary suspension or permanent termination of your Retailer Account and your ability to purchase products on Hivve in the future.
Shipping Address. You agree to provide a valid, physical address to receive any product that you order through the Services. Hivve does not offer drop shipping to customers of Retailers.
Taxes. To the extent of transactions entered into by you with brands on the Hivve platform, Hivve will calculate the tax (generally, VAT) payable and include this on the order invoice issued for or on behalf of the brand. You acknowledge that you are liable and required to pay to the brand any taxes so calculated and agree to assume liability for payment for the full amount of the order invoice including any taxes calculated by Hivve on behalf of the brands. You hereby release Hivve with respect thereto, and agree to indemnify, defend and hold Hivve harmless against any and all such (withholding or other) taxes, contributions, penalties and/or interest.
Payments
Payment Processors. Third-party service providers may be used for payment card acquiring, fraud alerts, payment processing and the disbursement of funds to Brands from which you make purchases. You acknowledge and agree that Hivve may share information about you with such payment processors in order to complete any transaction. The processing of payments will be subject to the terms, conditions and privacy policies of the payment processor in addition to these Terms. We are not responsible for error by the payment processor.Payment Methods. The Buyer can make payment via instant EFT, credit card, or othe available payment options as provided at checkout. All payments options offered at checkout are PCI-DSS Level 1 certified.
Shipping Costs and Delivery Times
Shipping Costs: Unless Hivve authorizes free shipping, you are responsible for and hereby commit to covering all shipping costs indicated on your invoice. The invoice will include the shipping costs, which may vary based on the package's weight and its origin. In some cases, shipping costs will not be provided at checkout. In these cases, an invoice will be sent with the shipping costs once they have been determined by the Brand. An invoice will be sent with these shipping costs and once paid, the Brand will ship the product.Delivery Times: You acknowledge that delivery times can vary depending on how quickly a Brand can dispatch a product. You will be notified as soon as the product is dispatched, and you will receive a tracking number. This information can also be accessed in your Retailer Account.
Returns, Refunds and Cancellations
Hivve offers a 14-day free returns policy with refunds on eligible products, as well as a 30-day return-for-credit policy for products from brands you have not previously ordered from. Products can be returned for any reason within these periods, subject to the terms below.- If a retailer successfully returns a product within 14 days of receipt of the product, they may choose between a refund to their bank account or store credit for future purchases on Hivve.
- If a retailer successfully returns a product between 15 and 30 days of its receipt, they will receive store credit only. This 30-day return window is only applicable to eligible products ordered from brands a retailer has not previously ordered from and is limited to a maximum wholesale value of R20 000 per 30 day period.
- Returns after 30 days of receiving a product will not be accepted.
Although Hivve agrees to pay shipping on returned items that qualify, you acknowledge and agree that you pay for all shipping costs to the original delivery location of your order. Return shipping costs are covered by Hivve, but the original shipping costs and the cost of shipping the order to your store are non-refundable.
After the order has been cancelled or returned, any relevant refund or credit will be made within approximately 14 days from the day after items are received.
If you receive a damaged product, an order is missing items, or the product does not arrive by the expected ship date, you must report the issue within 14 days of receiving the product. Failure to report the issue in a timely manner will result in the product being deemed delivered and satisfactory. Hivve reserves the right to accept or reject any missing or damaged reports filed by Retailers, using its sole discretion, including in cases where fraudulent activity is suspected. Hivve's decision on whether to accept a damaged or missing claim will be considered final.
Items Not Eligible For Return:
Hivve cannot accept returns for the following:
- Customized products;
- Testers or sample items;
- Individual items from a bundled set;
- Items marked “final sale”;
- Used or less than perfect condition items;
- Seasonal items; or
- Other items determined by Hivve in sole discretion, so long as Hivve has marked them as ineligable for returns prior to purchase and this is displayed on the product listing on Hivve.
Do not include ineligible products in your return as refunds and/or credits will not be issued for these items, and return shipment to you will be at your expense.
Return Conditions:
To ensure smooth processing of returns and prevent future charges, kindly adhere to our return policies outlined below:
- Return eligible products in new, unworn condition, with the original packaging and tags for a full refund. Original shipping fees for these products are non-refundable.
- Products that have been resized, damaged, or altered after delivery will not be accepted for return.
- Eligible products must be returned using a trackable shipping method.
- Do not include ineligible products in your return, as refunds won't be issued, and we can't guarantee their return shipment. Some special product, order, or handling fees may still apply.
- Hivve reserves the right to charge your account for missing or damaged items in your returned products.
- Original shipping fees are non-refundable.
- Hivve reserves the right to charge your account for missing or damaged items included in returned shipments.
Cancellations:
You may request to cancel an order within 24 hours if it hasn't shipped or begun processing. Once shipped, cancellations are not possible. Cancellation requests must be submitted via email at [email protected]
Damaged or Missing Items:
Report any damaged or missing items within 14 days of receipt. Failure to report within this time frame deems the product delivered and satisfactory. Submit reports via email at [email protected]
Provide necessary information, including accurate photographs of damaged items. You can choose to replace the goods or cancel the order. You are responsible for following up with the Brand to resolve any dispute regarding damaged or missing items through Hivve Messenger. If you communicate with the Brand off of the Hivve platform, you agree that Hivve will not be responsible for subsequent activities related to the order.
Hivve reserves the right to accept or reject Retailer reports at its sole discretion and may charge a Retailer’s payment method if fraudulent activity is suspected. Hivve’s decision on damaged or missing claims is final.
Product Content
Limited Usage Rights:Hivve presents a variety of content associated with the products, including photographs, product descriptions, Brand narratives, and any other content relevant to items available on its platform. You are granted a limited, non-assignable, non-sublicensable, and revocable license to utilize product-related content that you acquire on Hivve's platform. This license allows you to use the content on your company's website solely for the purpose of reselling the respective product. However, it's important to note that you are explicitly prohibited from utilizing such content in any advertising or media campaign, whether it be in postings, emails, ads, or any other form of communication on platforms like Facebook, Instagram, or Google, without obtaining express written consent from the owner of that content.Ownership Acknowledgment: You understand and acknowledge that you are solely a licensee of the provided content and do not hold any ownership rights over this content. Furthermore, you explicitly acknowledge and agree that Hivve does not assume responsibility, nor will it be held accountable, for any content. Hivve does not provide any representation or warranty regarding the content, including whether it infringes, misappropriates, or violates any third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, rights of publicity or privacy, or whether it contains defamatory or otherwise unlawful, abusive, harassing, or obscene material, or could result in violations of any applicable law or regulation.
Dispute Resolution
In the event of any disputes related to an order or a product purchased from a Brand, you commit to initially attempting an informal resolution by communicating directly with the Brand through Hivve Messenger. If the dispute remains unresolved after your efforts, you have the option to reach out to Hivve for further assistance. Hivve will make earnest attempts to aid you and the relevant Brand in finding a resolution for the dispute.
