These terms and conditions are effective as of 01 September 2021

1. About the Application

1.1. Welcome to Buy Buddy (the ‘Application‘). The Application provides customers with an opportunity to browse and purchase various products that have been listed for sale through the Application (the ‘Products‘). The Application provides this service by way of granting the customer access to the content on the Application (the ‘Purchase Services‘).

1.2. The Application is operated by Buy Buddy (Pty) Ltd. Access to and use of the Application, or any of its associated Products or Purchase Services, is provided by Buy Buddy (Pty) Ltd. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Application, this signifies that the customer has read, understood and agrees to be bound by the Terms. If the Customer does not agree with the Terms, he/she must cease usage of the Application, or any of its Purchase Services, immediately. These Terms also contain certain statements and disclaimers made by Buy Buddy (Pty) Ltd which shall be binding on you (“Customer/Buyer”) and Vendor/Seller, as the case may be.  

1.3. This is a legally binding document between you as the Customer/Buyer and Vendor/Seller, where the Vendor/Seller has made the offer to sell the products by listing the same on the Application and you have accepted such offer of the Vendor/Seller by agreeing to buy the product so offered on the Application. These terms of sale will be effective and binding on the Vendor/Seller upon the Vendor/Seller’s advertising, exhibiting and creating a listing of the product on the Application, and shall be effective and binding on you upon agreeing to purchase the products so listed by the Vendor/Seller.

1.4. Buy Buddy (Pty) Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Buy Buddy (Pty) Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

The Customer accepts the Terms by using or browsing the Application. The Customer may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Buy Buddy (Pty) Ltd in the user interface.

3. Registration to use the Purchase Services

3.1. In order to access the Purchase Services, the Customer must first register as a user of the Application. As part of the registration process, or as part of his/her continued use of the Purchase Services, the Customer may be required to provide personal information (such as identification or contact details).

3.2. The Customer warrants that any information he/she gives to Buy Buddy (Pty) Ltd in the course of completing the registration process will always be accurate, correct and up to date.

3.3. Once the Customer has completed the registration process, he/she will be a registered member of the Application (‘Member‘) and agree to be bound by the Terms. As a Member the Customer will be granted immediate access to the Purchase Services.

3.4. The Customer may not use the Purchase Services and may not accept the Terms if:

• he/she is not of legal age to form a binding contract with Buy Buddy (Pty) Ltd; or
• he/she is a person barred from receiving the Purchase Services under the laws of Botswana or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Payment terms 

4.1 The Customer shall be given the choice to make payments for the purchase of the Product by way of online payments, cash on delivery or any other legal methods of payment as may be available on the Portal from time to time. 

4.2 For payment for the products using the online payment option, the customers shall be charged a commission fee set at 10% of the total purchase price of item(s) purchased by the Customer on the Buy Buddy App.

4.3 The Buy Buddy App allows the Customer to purchase products listed through monthly instalments in accordance with the agreed payment schedule until full and final payment. The Customer’s first payment of 25% of the Purchase Price is due immediately at the time of purchase.

4.4 The monthly instalments will appear on the invoice the Customer will receive from Buy Buddy each month and the Customer shall pay each instalment by the due date of the invoice.

4.5 If the Customer cancels the Instalment Plan before the end of the instalment term, the Customer shall pay the outstanding amount.

4.6 Buy Buddy reserves the right to determine the customer’s eligibility to participate in the Instalment Plan.

5. Your obligations as a Member

As a Member, the Customer agrees to comply with the following:

The Customer will use the Purchase Services only for purposes that are permitted by:

• the Terms;

• any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

• the Customer has the sole responsibility for protecting the confidentiality of his/her password and/or email address. Use of his/her password by any other person may result in the immediate cancellation of the Purchase Services;

• any use of his/her registration information by any other person, or third parties, is strictly prohibited. The Customer agrees to immediately notify Buy

Buddy (Pty) Ltd of any unauthorised use of his/her password or email address or any breach of security of which the Customer has become aware of;

• access and use of the Application is limited, non-transferable and allows for the sole use of the Application by the Customer for the purposes of Buy Buddy (Pty) Ltd providing the Purchase Services;

• the Customer will not use the Purchase Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;

• the Customer agrees that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Buy Buddy (Pty) Ltd for any illegal or unauthorised use of the Application; and

• the Customer acknowledges and agrees that any automated use of the Application or its Purchase Services is prohibited.

6. Purchase of Products and Returns Policy

6.1. In using the Purchase Services to purchase the Product through the Application, the Customer will agree to the payment of the purchase price listed on the Application for the Product (the ‘Purchase Price‘).

6.2. Following payment of the Purchase Price being confirmed by Buy Buddy (Pty) Ltd, the Customer will be issued with a receipt to confirm that the payment has been received and Buy Buddy (Pty) Ltd may record the Customer’s purchase details for future use.

6.3. Buyer’s Product related complainant for refund or replacement will the processed by the Vendor/Seller in accordance Returns Policy. Both you as the Customer/Buyer and the Vendor/Seller agree to this Returns Policy. However, in the event of false, frivolous or baseless complaints regarding the delivery or quality of the Products, the Customer will not be eligible for refund or replacement.

6.4. Before accepting delivery of any Product, the customer shall reasonably ensure that the Product’s packaging is not damaged or tampered.

6.5. The return process of a Product may be subject to additional terms depending on the nature and category of the Product. Any such additional terms may be specified on the Application or be intimated by the Vendor/Seller at the time of purchase of the Product.

6.6. In the event the return of a Product is duly accepted by Vendor/Seller, the value of such Product, as originally paid by the Customer during acceptance of Product, will either be refunded to the Customer either to the bank account provided for such refund, or to the method from which payment was made. Buy Buddy shall have the sole discretion to determine the mode of reversal from the above options.

7. Delivery

7.1. There are various delivery models for delivery of purchased Product to the Customer as follows:

7.1.1. Self-Pick Up (at the Vendor/Seller’s place of business as specified in the Application); 7.1.2. Vendor Delivery; and

7.1.3. Buy Buddy Delivery.

7.2.  The risk of any damage, loss or deterioration of the Products during the course or delivery or during transit shall be on the Vendor/Seller for 7.1.1 and 7.1.2 options above. Vendor/Seller represents and warrants that the Products being delivered are not faulty and are exactly those Products which are listed and advertised by Vendor/Seller on the Application and purchased by you and meet all descriptions and specifications as provided on the Application.

7.3. The risk of any damage, loss or deterioration of the Products during the course or delivery or during transit shall be on Buy Buddy for 7.1.3 option above.

7.4. The Customer’s shipping address will be verified with the database of Application before he/she proceeds to pay for their purchase. In the event the Customer’s order is not serviceable by logistic service providers or by Vendor/Seller or the delivery address is not located in an area that is covered under the order confirmation form, the Customer may provide an alternate shipping address on which the Product can be delivered.

7.5. Please note that there is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. Therefore, time is not the essence of the bi-partite contract between the Customer and the Vendor/Seller for purchase and sale of Product on or through the Application. However, the Product shall not be delivered to the Customer unless he/she effects payment of the purchase of Product.

7.6. The Customer shall be bound to take delivery of the Products purchased that are said to be in a deliverable state. Where the Customer neglects or refuses to accept the delivery of the Products ordered by them, the Customer shall be liable to the Vendor/Seller for such nonacceptance and shall further be liable to Buy Buddy for any loss of any fee or charges that Buy Buddy and its third parties shall have earned from the Vendor/Seller if such delivery or transaction should have been completed. The Customer acknowledges that such damages or loss to Buy Buddy and its third parties are not consequential or indirect.

7.7. The title in the Products and other rights and interest in the Products shall directly pass on to the Customer upon delivery of such Product and upon full payment of price of the Product. Upon delivery, the Customer will be deemed to have accepted the Products. The risk of loss shall pass on to the Customer upon delivery of the Product(s).   

8. Disclaimer

8.1. Buy Buddy’s role is that of an intermediary in the form of an online marketplace and is limited to managing the Application to enable Vendor/Seller to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered, and other incidental services to facilitate the transactions between Vendors/Sellers and the Customer. Accordingly, the contract for sale of any of the products shall be a bipartite contract between Vendor/Seller and you as the Customer.

8.2. At no time shall Buy Buddy have any obligations or liabilities in respect of such contract nor shall Buy Buddy hold any title in the products. The title in the products and other rights and interest in the products shall directly pass to you from the Vendor/Seller.

8.3. These terms of sale shall not amend or modify any agreements, contracts, terms or policies between the Customer or Vendor/Seller on one hand and Buy Buddy on the other hand.

8.4. Buy Buddy does not control, endorse or accept responsibility for any product (including but not limited to product catalogues) offered by vendors/sellers accessible through the Application. Buy Buddy makes no representations or warranties whatsoever about, and shall not be liable for, the Vendor/Seller or any such third parties, their products including representations relating to merchantability, fitness of a product or service for a particular purpose, and non-infringement of third-party intellectual property rights. Any transactions that the Customer may have with such third parties are at the Customer’s own risk. The products shall be subject to Vendor/Seller’s terms and conditions for warranty, service and maintenance, and Buy Buddy does not accept any responsibility for the same. Buy Buddy also does not accept any responsibility for the usage of the products by the Customer.

8.5. Buy Buddy specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired products purchased by the Customer from the Vendor/Seller and Buy Buddy shall not assume any liability if the product purchased or availed by the Customer from the Vendor/Seller is not exactly as per specifications detailed in the purchase confirmation order.

8.6. Buy Buddy is in no way responsible or liable for the offer for sale or sale of the product by the Vendor/Seller to the Customer, its delivery, the warranty terms (if any) related to the product and the return, refund or cancellation of purchase of any products.

8.7. Buy Buddy does not warrant that the sale price provided by the Vendor/Seller of the product is accurate, proper and valid. Any error in the sale price shall be solely attributed to the Vendor/Seller and not to Buy Buddy. Prices, product description and availability of the product are Vendor/Seller’s responsibility.

8.8. The Customer expressly acknowledges that the Vendor/Seller selling the defective product will be responsible to the Customer for any claims that he/she may have in relation to such defective product and Buy Buddy shall not in any manner be held liable for the same.

8.9. Buy Buddy shall not assume any liability for the non-availability of the product, delivery of the product directly by the Vendor/Seller and the installation of the product where required.

9. Privacy

Buy Buddy (Pty) Ltd takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Buy Buddy (Pty) Ltd’ s Privacy Policy, which is available on the Application.

10. Competitors

If the Customer is in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then the Customer is a competitor of Buy Buddy (Pty) Ltd. Competitors are not permitted to use or access any information or content on our Application. If the Customer breaches this provision, Buy Buddy (Pty)Ltd will hold him/her fully responsible for any loss that we may sustain and hold the Customer accountable for all profits that he/she might make from such a breach.

11. Termination of Membership

11.1. The Terms will continue to apply until terminated by either the Customer or by Buy Buddy(Pty) Ltd as set out below.

         11.2.     If the Customer wants to terminate the Terms, he/she may do so by:

• notifying Buy Buddy (Pty) Ltd at any time; and

• closing accounts for all of the Purchase Services which the Customer uses, where Buy Buddy (Pty) Ltd has made this option available to the Customer.

         11.3.     Buy Buddy (Pty) Ltd may at any time, terminate the Terms with the Customer if:

• he/she has breached any provision of the Terms or intend to breach any provision;

• Buy Buddy (Pty) Ltd is required to do so by law;

• the Vendor/Seller with whom Buy Buddy (Pty) Ltd offered the Purchase Services to the Customer has terminated its relationship with Buy Buddy

(Pty) Ltd or ceased to offer the Purchase Services to the Customer;

• Buy Buddy (Pty) Ltd is transitioning to no longer providing the Purchase Services to Users in the country in which the Customer is resident or from which he/she uses the service; or

• the provision of the Purchase Services to the Customer by Buy Buddy (Pty) Ltd is, in the opinion of Buy Buddy (Pty) Ltd, no longer commercially viable.

1. Subject to local applicable laws, Buy Buddy (Pty) Ltd reserves the right todiscontinue or cancel the Customer’s membership to the Application at any time and may suspend or deny, in its sole discretion, the Customer’s access to all or any portion of the Application or the Purchase Services without notice if the Customer breaches any provision of the Terms or any applicable law or if the Customer’s conduct impacts Buy Buddy (Pty) Ltd’ s name or reputation or violates the rights of those of another party.

1. When the Terms come to an end, all of the legal rights, obligations andliabilities that the Customer, Vendor/Seller and Buy Buddy (Pty) Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

12. Dispute Resolution

12.1. If a dispute or difference arises between the Parties in connection with these terms, the Parties undertake in good faith to settle the dispute or difference amicably and expeditiously.

12.2. If any dispute or difference arising between the Parties cannot be resolved between them, then they shall be entitled to deal with the dispute in accordance with clauses 12.3 or 12.4 below.

12.3.    The aggrieved Party may refer the matter to any court of competent jurisdiction in Botswana.

12.4. Notwithstanding clause 12.3 above, the Parties may by mutual agreement refer the matter for Arbitration. If the Parties choose to refer the matter for Arbitration, they shall enter into an Arbitration Agreement to set out how the Arbitration should be conducted.

13. Governing Law

The Terms are governed by and shall be interpreted in accordance with the laws of the Republic of Botswana. 

14. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us.