Terms of Service

These Terms of Service ("Terms") govern your access to and use of Stallspace, a marketplace platform operated by Kwry (Pty) Ltd ("Stallspace", "we", "us"). By accessing or using the platform, you agree to be bound by these Terms.

1. What Stallspace Is

Stallspace is a vetted online marketplace that enables independent vendors to create storefronts and sell products directly to customers. Stallspace is not a party to any transaction between a customer and a vendor.

Stallspace sends order confirmations, status updates and receipts as the vendor's agent, for the vendor's convenience. Doing so does not make Stallspace a party to the sale, and Stallspace receives no part of the price.

2. Stallspace Is Not a Payment Intermediary

All customer payments are made directly to the vendor via the vendor's own configured payment gateway (currently PayFast), or in person where the vendor offers payment on collection. Stallspace does not collect, hold, process, or distribute customer funds at any point, and never stores card details. Card data is entered on the payment gateway's own PCI DSS compliant pages and is never transmitted to or held by Stallspace. Stallspace records transactions for reporting and platform functionality purposes only.

3. Customer Accounts

Customers may browse and purchase as a guest without creating an account. Optional accounts may be created to save favourites, addresses, and view order history. You are responsible for maintaining the confidentiality of your account credentials.

4. Vendor Registration and Approval

Vendors must submit a complete application including business details and supporting documentation. Stallspace reserves the right to approve, reject, or suspend any vendor application at its sole discretion to maintain marketplace quality and trust.

Approved vendors must maintain an active monthly subscription to remain listed on the platform. Accounts with failed or lapsed payments may be automatically suspended and reactivated upon successful payment, in accordance with our billing terms.

5. Vendor Responsibilities

Vendors are solely responsible for:

• The accuracy of product listings, pricing, and stock availability
• Registering and maintaining their own payment gateway merchant accounts, and complying with that gateway's merchant rules and the card scheme rules behind them
• Publishing their delivery areas, delivery cost and delivery timeframe on their storefront, and honouring them
• Publishing on their storefront the name they trade under, a street address, a telephone number and an email address, and their company or close corporation registration number where they are a registered business, as section 43 of the Electronic Communications and Transactions Act requires of every online supplier
• Honouring the marketplace Returns, Refunds & Cancellations policy and Delivery Policy as a minimum standard
• Compliance with all applicable consumer protection, tax, and trading laws
• Fulfilling orders, handling returns, issuing refunds, and resolving customer disputes
• The security and settlement of funds received via their chosen payment provider
• Responding to a customer enquiry, return request or delivery query within five business days

A vendor who does not meet these obligations may be suspended or removed from the marketplace.

6. Prices, Payment and Currency

Every price on Stallspace is quoted in South African Rand (ZAR) and includes VAT where the vendor is VAT registered. The vendor sets the price, and it is the price you pay.

Delivery is charged separately where the vendor charges for it. The delivery fee appears on the vendor's storefront, on the product page, and again as its own line on the checkout summary before you are sent to the payment page. Your order total is the sum of those lines and nothing else. Stallspace adds no fee, commission or surcharge to a customer order.

Payment is taken by the vendor's payment gateway and supports South African debit and credit cards and instant EFT. Where a vendor offers payment on collection, no online payment is taken and you pay the vendor directly when you collect.

7. Returns, Refunds, Cancellations and Delivery

Our Returns, Refunds & Cancellations policy and our Delivery Policy are incorporated into these Terms and are binding on every vendor and customer on the platform. In summary:

• You may cancel an order at no cost at any time before the vendor dispatches it, and receive a full refund of anything already paid, delivery fee included.
• Section 44 of the Electronic Communications and Transactions Act gives you seven days from delivery to cancel an online purchase for any reason and return the goods.
• Section 56 of the Consumer Protection Act gives you six months from delivery to return goods that are defective, unsafe or not fit for purpose, and to choose a repair, a replacement or a refund.
• Where a vendor publishes no delivery timeframe, section 46 of the Electronic Communications and Transactions Act requires delivery within 30 days, failing which you may cancel on seven days' notice and take a full refund.
• Refunds are made by the vendor to the payment method used, normally within five to ten business days of the vendor processing them and in no case later than 30 days from the cancellation.

Because Stallspace never receives customer funds, a refund is always paid out of the vendor's own account and is always the vendor's decision. Where the vendor uses PayFast, the vendor can instruct that refund from their Stallspace dashboard and Stallspace passes the instruction to PayFast using the vendor's own merchant credentials. Stallspace cannot decide to refund a customer and cannot refund one if the vendor will not. Stallspace will take the matter up with a vendor who refuses to honour these rights, and persistent refusal is grounds for removal from the marketplace, but Stallspace does not guarantee an outcome and is not liable for a vendor's failure.

8. Subscription Billing

Vendor subscriptions are billed monthly in advance and renew automatically until cancelled. Pricing for each plan is displayed at the time of registration and may be updated with reasonable notice. No commission is charged on individual sales. The minimum term is one month. There is no lock-in and no fixed term, and a vendor may cancel at any time, effective at the end of the paid month.

9. Prohibited Conduct

You may not use Stallspace to:

• List counterfeit, illegal, or prohibited goods
• Misrepresent product information or vendor identity
• Circumvent or interfere with the platform's security or functionality
• Harass, defraud, or mislead other users
• Process a payment on behalf of another business, or accept payment for goods sold anywhere other than through your own storefront

10. Prohibited and Restricted Goods

Card scheme and acquiring bank rules bind every vendor who accepts card payment. The following may not be listed or sold on Stallspace, and a listing in any of these categories is removed on sight:

• Weapons, ammunition, explosives and their components
• Illegal drugs, drug paraphernalia, and unregistered or unscheduled medicines
• Tobacco, vaping products and alcohol, unless the vendor holds the required licence and has told us
• Adult or sexually explicit goods and services
• Counterfeit, replica or stolen goods, and anything infringing a trade mark or copyright
• Live animals, endangered species and products made from them
• Financial instruments, cryptocurrency, gift cards resold at a markup, gambling and lottery products
• Personal data, credentials, account access and hacking tools
• Human remains, body parts and bodily fluids
• Goods requiring a licence the vendor does not hold, and anything otherwise unlawful to sell in South Africa

Listing prohibited goods is grounds for immediate removal from the marketplace, and may cause the vendor's payment gateway to terminate their merchant account independently of us.

11. Limitation of Liability

Nothing in this section limits or excludes any liability that cannot be limited or excluded in law. That includes liability for death or personal injury, for fraud, for gross negligence under section 51(1)(c) of the Consumer Protection Act, and any right you have under the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002 or POPIA.

Subject to that, Stallspace provides the platform with reasonable skill and care but does not warrant that it will be uninterrupted or error free. To the maximum extent permitted by law, Stallspace is not liable for any indirect, incidental or consequential damages arising from your use of the platform, transactions with vendors, or reliance on vendor-provided information. Stallspace is not a party to the contract of sale between a customer and a vendor and is not liable for a vendor's goods, delivery, refunds or conduct.

12. Termination

We may suspend or terminate your access to Stallspace at our discretion if you breach these Terms or engage in conduct that harms the platform or its users.

13. Governing Law and Disputes

These Terms are governed by the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the South African courts.

Before going to court, please raise the matter with us at support@stallspace.co.za. A customer may also refer a complaint to the National Consumer Commission or a recognised consumer goods ombud at any time, independently of us.

14. Codes of Conduct and Dispute Resolution

You may refer a complaint about any vendor on this marketplace, or about Stallspace, to the Consumer Goods and Services Ombud free of charge, on 0860 000 272 or at complaints@cgso.org.za, or to the National Consumer Commission. Both are independent of us and neither costs you anything.

Beyond those, Stallspace subscribes to no other self-regulatory body, accreditation body, industry code of conduct or alternative dispute resolution code. This statement is published because section 43 of the Electronic Communications and Transactions Act requires an online supplier to disclose it either way.

15. Supplier Information

Published in terms of section 43 of the Electronic Communications and Transactions Act 25 of 2002.

Kwry (Pty) Ltd trading as Stallspace
A private company registered in the Republic of South Africa
Registration number 2026/269289/07
Telephone +27 62 025 1903
hello@stallspace.co.za
South Africa
https://stallspace.co.za

Each vendor is a separate supplier and is required by section 5 above to publish its own trading name, street address, telephone number and email address on its storefront. Not every vendor is a registered company. Some trade as individuals, which is lawful, and they publish their own name and address in place of a company name and registration number. Either way, the vendor named on your order, not Stallspace, is the supplier of the goods you bought. If a storefront does not show those details, tell us and we will require the vendor to publish them.