Governing Laws & Jurisdiction

The SAPawn platform, including the Marketplace and all related services, is operated from and governed by the laws of the Republic of South Africa.

1. Governing Law

These terms, all transactions conducted through the SAPawn platform, and any disputes arising from your use of the platform shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.

2. Jurisdiction

Any legal proceedings arising from or in connection with your use of the SAPawn platform shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

3. Applicable Legislation

The SAPawn platform and its users are subject to the following South African legislation, among others:

3.1 Consumer Protection Act 68 of 2008 (CPA)

Governs consumer rights including the right to fair and honest dealing, product quality, returns, and the 7-day cooling-off period for online purchases. All marketplace transactions are subject to the CPA.

3.2 Electronic Communications and Transactions Act 25 of 2002 (ECT Act)

Governs electronic transactions, data messages, and e-commerce in South Africa. The SAPawn platform complies with the ECT Act requirements for online transactions, including the provision of full business details, transaction records, and cooling-off rights.

3.3 Protection of Personal Information Act 4 of 2013 (POPIA)

Governs the collection, processing, and storage of personal information. SAPawn processes personal data in accordance with POPIA. See our Privacy Policy for full details on how we handle your data.

3.4 Second-Hand Goods Act 6 of 2009

Regulates the dealing in second-hand goods in South Africa, including registration requirements for dealers, record-keeping obligations, and cooperation with the South African Police Service (SAPS). All pawn shops on the platform must hold a valid dealer licence.

3.5 National Credit Act 34 of 2005 (NCA)

Regulates credit agreements, including pawn transactions and payday loans. Interest rates on pawn transactions are capped at 5% per month as prescribed by the NCA. Shops offering credit must hold valid NCR registration where required.

3.6 Value-Added Tax Act 89 of 1991

Governs VAT registration and compliance. Pawn shops registered for VAT must charge VAT at the current rate of 15%. All marketplace prices are displayed in South African Rand (ZAR), inclusive of VAT where applicable.

3.7 Financial Intelligence Centre Act 38 of 2001 (FICA)

Imposes anti-money laundering and anti-terrorist financing obligations on designated businesses, including second-hand goods dealers.

4. Dispute Resolution

Any dispute arising from these terms or your use of the SAPawn platform shall be resolved as follows:

1. Informal Resolution: The parties shall first attempt to resolve the dispute through good-faith negotiation. Please contact us at accounts@sapawn.co.za.
2. Mediation: If the dispute is not resolved within 30 days of written notice, either party may refer the matter to mediation in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).
3. Court Proceedings: If mediation fails, either party may institute proceedings in the courts of the Republic of South Africa.

5. Consumer Rights

Nothing in these terms limits your rights under the Consumer Protection Act, including your right to:

• Approach the National Consumer Commission (www.thencc.gov.za)
• Approach the relevant consumer court in your province
• Exercise your cooling-off rights for online purchases
• Receive goods that are of good quality and free from defects

6. 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.

7. Contact

For legal enquiries or to report a dispute:

• Email: accounts@sapawn.co.za
• Website: www.sapawn.co.za

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