Takealot has a problem with 3rd party sellers.

[spacemuis]

The simple fact of the matter is that Takealot is responsible for the stuff sold ON THEIR PLATFORM.

Simply insisting does not make it so.
By doing business on their platform you agree to their terms and conditions - which state very clearly on that page in paragraph 14 that "Takealot is neither the buyer nor the seller of these [Third Party] Goods unless otherwise specified." and, more importantly, "The Sale formed on acceptance of your order (in accordance with clause 5.2) for Goods that are for sale by a Third Party Seller is therefore solely between the registered user and such Third Party Seller. Takealot is not a party to that sale."
This should put the matter to bed.

 

[WAslayer]

Simply insisting does not make it so.
By doing business on their platform you agree to their terms and conditions - which state very clearly on that page in paragraph 14 that "Takealot is neither the buyer nor the seller of these [Third Party] Goods unless otherwise specified." and, more importantly, "The Sale formed on acceptance of your order (in accordance with clause 5.2) for Goods that are for sale by a Third Party Seller is therefore solely between the registered user and such Third Party Seller. Takealot is not a party to that sale."
This should put the matter to bed.

You'd think that would put it to bed, but don't underestimate some of our forum members and their so-called wisdom...

 

[Lupus]

The simple fact of the matter is that Takealot is responsible for the stuff sold ON THEIR PLATFORM.

They are just the market place, if you buy something from Checkers at a mall, do you fight with the mall?

 

[Prawnapple]

They are just the market place, if you buy something from Checkers at a mall, do you fight with the mall?

If Checkers is selling fake items in the mall, yes you report it to the mall. You also report it to the Consumer Goods Council of South Africa.

I get that they've distanced themselves via legality and policy, but it's still a scummy practice and they should be monitoring it. If I own a store and a party is selling my customers fake items. They're out.

 

[Lupus]

If Checkers is selling fake items in the mall, yes you report it to the mall. You also report it to the Consumer Goods Council of South Africa.

Mall won't do anything, same as Takealot won't. It's also the same trick a lot of those pirate IPTV systems use, they don't host the pirate stuff, they just facilitate you watching it.

 

[CrypticZA]

Mall won't do anything, same as Takealot won't. It's also the same trick a lot of those pirate IPTV systems use, they don't host the pirate stuff, they just facilitate you watching it.

So Takealot if they get enough complaints actually do something.

I bought a few of these UAE dupe perfumes off marketplace and found a few legit sellers selling the real thing that was imported. There were a ton of sellers selling fake stuff made in China that look 100% the same but the juice is fake.

I then noticed a massive spike in prices on the few i had wishlisted. I went and investigated and all the fake ones had been kicked off their platform.

When i was a seller for my previous company i had people selling fake counterfeit goods that we were selling and i reported them and they also got kicked off.

 

[capd]

Please sort these okes out @airborne

 

[Prawnapple]

Mall won't do anything, same as Takealot won't. It's also the same trick a lot of those pirate IPTV systems use, they don't host the pirate stuff, they just facilitate you watching it.

 

[Lupus]

It is indeed sad :-(

 

[capd]

Lol

 

[Mirai]

Simply insisting does not make it so.
By doing business on their platform you agree to their terms and conditions - which state very clearly on that page in paragraph 14 that "Takealot is neither the buyer nor the seller of these [Third Party] Goods unless otherwise specified." and, more importantly, "The Sale formed on acceptance of your order (in accordance with clause 5.2) for Goods that are for sale by a Third Party Seller is therefore solely between the registered user and such Third Party Seller. Takealot is not a party to that sale."
This should put the matter to bed.

I doubt they have no legal liability for the items they're selling. It doesn't matter what they put in their terms and conditions but they have a responsibility to protect intellectual property and to protect customers from fraud. If items are sold under false pretenses, they are facilitating a crime and purposeful ignorance of the said, is no defense. If they make it very hard to report fake listings and don't act with due speed to take these down they should be liable.

Online Marketplaces Counterfeit Allegations | BrandLaw

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Online marketplaces are not automatically prosecuted for facilitating crime BUT they have to take measures to prevent such.

One email to Takealot customer support showing the false listing should be enough to put legal liability on Takelot for the sale by the given seller of such items as possibly facilitating a crime, if Takealot is not willing to act in the interests of trademark and copyright law and protect buyers from fraudulent products.

 

[Mirai]

They are just the market place, if you buy something from Checkers at a mall, do you fight with the mall?

Last I checked the mall does not bring in the stock, advertise the stock and then transact the stock. Your analogy is faulty.

If Checkers brings in stock, they are responsible for it.

 

[B-1]

They are just the market place, if you buy something from Checkers at a mall, do you fight with the mall?

Do you pay the mall for the goods? Do the goods come in a box with the malls branding on? When you return it do you return it to the mall? Does the mall make the fact that you are in a checkers difficult?

 

[saor]

They are just the market place, if you buy something from Checkers at a mall, do you fight with the mall?

If I was paying the mall directly and they dealt with every step of the transaction then yes - I probably would.

 

[Lupus]

If I was paying the mall directly and they dealt with every step of the transaction then yes - I probably would.

Guess you just got to treat them like BoBshop then.

 

[Lupus]

Do you pay the mall for the goods? Do the goods come in a box with the malls branding on? When you return it do you return it to the mall? Does the mall make the fact that you are in a checkers difficult?

The third party seller name is visible. You'll see Sold By ... thing is trying to find something takealot actually stocks and sells. Not just put in a box and send

 

[saor]

Guess you just got to treat them like BoBshop then.

Ja. They want to moan about lack of market regulation regarding Temu and I'm sure they'll bemoan US behemoths eating up their business but imo they're sitting there contributing to their slow loss of market-share by creating (through inaction in regulation) this unpleasant buying environment. I've shifted almost all my online purchasing to Amazon where possible because of how smooth the experience is.

 

[Lupus]

Ja. They want to moan about lack of market regulation regarding Temu and I'm sure they'll bemoan US behemoths eating up their business but imo they're sitting there contributing to their slow loss of market-share by creating (through inaction in regulation) this unpleasant buying environment. I've shifted almost all my online purchasing to Amazon where possible because of how smooth the experience is.

Amazon has the same problem though. Lots of third party sellers but they do seem to handle it better.

 

[bwana]

They are just the market place, if you buy something from Checkers at a mall, do you fight with the mall?

If you buy something from Checkers who do you complain to? Checkers, right?

Why? Because they sold it to you. You picked the item off their shelves, took your money, and their name is on the receipt. Takealot/Amazon/Makro/ETC is Checkers, not a mall.

 

[Lupus]

If you buy something from Checkers who do you complain to? Checkers, right?

Why? Because they sold it to you. You picked the item off their shelves, took your money, and their name is on the receipt. Takealot/Amazon/Makro/ETC is Checkers, not a mall.

They are not the checkers sadly. There is a sold by on the website that tells you who you're buying from.
Takealot handle the logistics for a fee