Legal Document
CPA ECT
CONSUMER PROTECTION ACT (CPA) AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT (ECT ACT) COMPLIANCE POLICY NEXT GENETICS ONLINE --- 1. PURPOSE 1.1 This Policy outlines how NEXT GENETICS DORPERS (PTY) LTD complies with: * The Consumer Protection Act, 68 of 2008 (“CPA”) * The Electronic Communications and Transactions Act, 25 of 2002 (“ECT Act”) 1.2 This Policy must be read together with: * Terms and Conditions * Privacy Policy * Auction Rules * Escrow Policy --- 2. PLATFORM STATUS UNDER CPA 2.1 The Platform operates as an **online intermediary marketplace**. 2.2 The Platform facilitates transactions between independent Buyers and Sellers. 2.3 The Platform is NOT: * The supplier of goods (unless expressly stated) * The owner of listed products * Responsible for seller conduct 2.4 Each Seller is considered a **supplier under the CPA** and bears responsibility for compliance with consumer protection laws. --- 3. DISCLOSURE REQUIREMENTS (ECT ACT) 3.1 The Platform provides the following information to users: * Full business name: NEXT GENETICS DORPERS (PTY) LTD * Contact details: info@nextgeneticsza.co.za * Physical address: 250 Milner Street, Waterkloof, Pretoria, Gauteng, 0181 * Description of services offered * Pricing and commission structures * Terms applicable to transactions 3.2 Users are responsible for reviewing all disclosures before transacting. --- 4. ELECTRONIC CONTRACTING 4.1 In terms of the ECT Act: * All agreements concluded on the Platform are **legally binding electronic agreements** * Acceptance may occur through: * Clicking “accept” * Placing a bid * Completing a transaction 4.2 Electronic records constitute: * Valid evidence * Legally enforceable agreements --- 5. RECORD KEEPING 5.1 The Platform retains records of: * Transactions * Bids * Communications * Payment records 5.2 Such records may be used as evidence in legal proceedings. --- 6. COOLING-OFF RIGHTS 6.1 Where applicable under CPA: * Consumers may have cooling-off rights 6.2 EXCLUSIONS: Cooling-off rights may NOT apply to: * Auctions * Custom goods * Perishable goods (including livestock) * Goods subject to price fluctuations 6.3 Users acknowledge that: * Many transactions on the Platform fall outside standard cooling-off protections --- 7. RIGHT TO FAIR, JUST AND REASONABLE TERMS 7.1 The Platform ensures that: * Terms are accessible * Terms are presented clearly * Users must accept terms before use 7.2 By using the Platform, users confirm: * They have read and understood the terms --- 8. RIGHT TO SAFE AND QUALITY GOODS 8.1 Responsibility for product quality lies with the Seller. 8.2 The Platform does NOT guarantee: * Quality * Fitness for purpose * Safety of goods 8.3 Buyers must conduct their own due diligence. --- 9. RETURNS AND REFUNDS 9.1 Refunds are governed by: * The Refund Policy * Agreement between Buyer and Seller 9.2 The Platform is NOT obligated to provide refunds. --- 10. LIABILITY UNDER CPA 10.1 To the maximum extent permitted by law: The Platform excludes liability for: * Defective goods * Misrepresentation by Sellers * Losses arising from transactions 10.2 Where liability cannot be excluded by law: * Liability is limited to the minimum extent permitted --- 11. ELECTRONIC PAYMENTS 11.1 Payments are processed via third-party providers. 11.2 The Platform is not responsible for: * Payment failures * Banking errors * Chargebacks --- 12. USER CONSENT 12.1 Users expressly consent to: * Electronic communications * Electronic agreements * Storage of transaction records --- 13. MARKETING AND COMMUNICATIONS 13.1 Electronic marketing will comply with: * POPIA * ECT Act 13.2 Users may opt out of marketing communications. --- 14. COMPLAINTS 14.1 Users may submit complaints to: NEXT GENETICS DORPERS (PTY) LTD info@nextgeneticsza.co.za 14.2 Users may escalate complaints to: * National Consumer Commission (CPA matters) * Information Regulator (POPIA matters) --- 15. LIMITATION OF LIABILITY 15.1 The Platform shall NOT be liable for: * Indirect damages * Loss of profit * Transaction failures 15.2 Liability is limited to the maximum extent permitted under CPA. --- 16. INDEMNITY 16.1 Users indemnify NEXT GENETICS DORPERS (PTY) LTD against: * Claims arising from their transactions * Breaches of CPA obligations by Sellers * Third-party claims --- 17. AMENDMENTS 17.1 The Platform may update this Policy at any time. 17.2 Continued use constitutes acceptance of changes. --- 18. GOVERNING LAW This Policy is governed by the laws of the Republic of South Africa. --- 19. CONTACT DETAILS NEXT GENETICS DORPERS (PTY) LTD 2026/181336/07 250 Milner Street, Waterkloof, Pretoria, Gauteng, 0181 info@nextgeneticsza.co.za --- END OF DOCUMENT