1. INTRODUCTION
SANDTONER (PTY) LTD ("we", "us", or "our") operates under South Africa's Protection of Personal Information Act (POPIA) and international standards, including EU General Data Protection Regulation (GDPR). This policy governs your use of Sandtoner Services, including purchases, content interactions, and legal obligations. By accessing our platform, you agree to these terms.
2. Purchase & Order Management
This section outlines the complete lifecycle of an order, including creation, modification, cancellation, and compliance with legal requirements.
2.1 Order Process
- Product Selection:
- Browse products via categories, search filters, or personalized recommendations.
- Add items to your cart; review quantities and variants (e.g., size, color).
- Checkout:
- Step 1: Confirm shipping address (default or new entry).
- Step 2: Select payment method (credit card, Sandtoner Wallet, etc.).
- Step 3: Review order summary, including:
- Itemized product prices.
- Applicable taxes (e.g., 15% VAT).
- Shipping fees (calculated based on weight and destination).
- Discounts or loyalty points applied.
- Step 4: Accept terms and conditions (mandatory checkbox).
- Order Confirmation:
- A confirmation email with a unique Order ID is sent immediately.
- Orders are deemed binding upon receipt of this email.
2.2 Order Modifications
- Pre-Shipment Changes:
- Time Window: Modify or cancel orders within 1 hour of placement.
- Actions Allowed:
- Change shipping address (domestic only).
- Add/remove items (if inventory permits).
- Apply/remove promo codes.
- Method: Use the "Manage Order" portal under your account.
- Post-Shipment Changes:
- Contact Support: Submit a request via the "Help Center" for:
- Address corrections (if parcel is still in transit).
- Splitting orders (additional fees may apply).
- Restrictions: Modifications are unavailable for:
- Perishable goods (e.g., food, flowers).
- Personalized/customized items.
- Contact Support: Submit a request via the "Help Center" for:
2.3 Order Cancellation
- User-Initiated Cancellation:
- Conditions:
- Cancel within 1 hour of order confirmation (pre-shipment).
- For digital goods, cancellation is allowed within 15 minutes of purchase.
- Process:
- Navigate to "Order History" > "Cancel Order".
- Refunds are processed within 2 business days.
- Conditions:
- Platform-Initiated Cancellation:
- Reasons:
- Pricing Errors: If the listed price exceeds the actual cost by >10% (e.g., ZAR 1,000 item mistakenly listed as ZAR 100).
- Stock Unavailability: Notify users via email within 24 hours; offer alternatives or full refund.
- Fraud Detection: Triggered by payment gateway flags (e.g., mismatched billing/shipping addresses).
- Compensation:
- Full refund + 10% discount coupon for pricing errors.
- Priority reshipment for stock-related cancellations.
- Reasons:
2.4 Order Tracking
- Tracking Tools:
- Real-Time Updates: Access via "Order Details" page, including:
- Carrier name and tracking number.
- Estimated delivery date.
- Location milestones (e.g., "Departed Johannesburg Warehouse").
- Notifications: SMS/email alerts for:
- Shipment dispatch.
- Delivery delays (e.g., weather disruptions).
- Real-Time Updates: Access via "Order Details" page, including:
- Delivery Issues:
- Failed Delivery:
- Three delivery attempts; thereafter, parcel returns to the nearest depot.
- User must reschedule delivery within 7 days or forfeit the order (refund minus shipping costs).
- Lost Parcels:
- File a claim within 14 days; investigation results shared within 5 business days.
- Failed Delivery:
2.5 Legal Compliance
- POPIA Requirements:
- Order data (e.g., addresses, payment details) is encrypted and stored for 5 years for tax audits.
- Users may request data deletion post-refund (excludes legally mandated retention).
- Consumer Protection Act (CPA):
- Cooling-Off Period: 7 days to cancel non-personalized goods post-delivery.
- Implied Warranty: 6-month coverage for defective products.
3. Pricing & Payment
This section outlines the principles, components, and processes governing pricing structures, payment methods, currency handling, and compliance with financial regulations.
3.1 Price Components
All prices displayed on Sandtoner are inclusive of the following components:
Component | Description | Example |
---|---|---|
Base Price | The listed price of the product or service before additional fees. | ZAR 1,500 for a smartphone. |
Value-Added Tax (VAT) | 15% VAT mandated by South African law, applied to all taxable goods and services. | ZAR 1,500 + ZAR 225 VAT = ZAR 1,725. |
Shipping Fees | Calculated based on product weight, destination, and selected delivery service. | ZAR 50 (Standard Domestic). |
Customs Duties | Applicable to international orders; responsibility of the buyer. | ZAR 200 (import tax for EU). |
Service Fees | Optional fees for premium services (e.g., gift wrapping). | ZAR 30 for gift packaging. |
- Note:
- Prices may fluctuate due to market conditions (e.g., currency exchange rates for imported goods).
- Discounts or promotions are applied before VAT calculation.
3.2 Accepted Payment Methods
Sandtoner supports secure and diverse payment options:
Method | Description | Security Measures |
---|---|---|
Credit/Debit Cards | Visa, Mastercard, American Express. | PCI-DSS compliance; tokenization. |
Sandtoner Wallet | Preloaded balance for faster checkout; funds can be topped up via bank transfer. | AES-256 encryption. |
PayPal | Available for international transactions. | Buyer protection policies. |
Bank Transfer | Direct EFT (Electronic Funds Transfer) via supported banks. | 2FA verification for large transactions. |
Buy Now, Pay Later | Installment plans through partners like PayJustNow. | Credit checks required. |
- Key Security Protocols:
- Tokenization: Card details are replaced with unique tokens to prevent data breaches.
- 3D Secure: Additional authentication (e.g., OTP) for card transactions.
3.3 Currency & Exchange Rates
- Local Currency:
- All prices are displayed in South African Rand (ZAR) unless otherwise stated.
- Cross-Border Transactions:
- For international buyers, prices are converted using real-time exchange rates at checkout.
- Conversion fees (1-3%) may be charged by your bank or payment provider.
- Dynamic Pricing:
- Prices for imported goods may adjust daily based on currency fluctuations.
3.4 Pricing Errors & Disputes
- Error Handling:
- Automated Checks: System flags orders with pricing deviations >10% from market value.
- Resolution Steps:
- Cancel the order and notify the user via email within 24 hours.
- Offer a 10% discount coupon or priority restocking for affected users.
- Dispute Resolution:
- User Claims: Submit evidence (e.g., screenshots) via the "Payment Disputes" portal.
- Investigation: Resolved within 7 business days; refunds issued if validated.
3.5 Refunds & Chargebacks
- Refund Eligibility:
- Full Refunds: For canceled orders, defective products, or pricing errors.
- Partial Refunds: For returns with minor damage (e.g., 20% deduction for packaging loss).
- Processing Timeline:
- Card/PayPal: 3-10 business days (depends on the provider).
- Sandtoner Wallet: Instant credit.
- Chargeback Policy:
- Unauthorized chargebacks may result in account suspension.
- Cooperate with investigations by providing invoices or delivery proofs.
3.6 Compliance & Transparency
- POPIA & GDPR:
- Payment data (e.g., card numbers) is encrypted and stored only for transactional purposes.
- Users may request data deletion post-refund, excluding legal retention periods (5 years for tax audits).
- Consumer Protection Act (CPA):
- Price Transparency: All fees must be disclosed before checkout.
- No Hidden Costs: Final amount confirmed in the order summary.
3.7 User Rights
- Payment Records:
- Access detailed invoices via the "Order History" section.
- Export records in PDF/CSV format for accounting purposes.
- Dispute Escalation:
- Unsatisfied with Sandtoner's resolution? Lodge a complaint with:
- National Credit Regulator (NCR): For credit-related issues.
- Ombudsman for Banking Services (OBS): For bank transfer disputes.
- Unsatisfied with Sandtoner's resolution? Lodge a complaint with:
Example Scenario:
A user purchases a ZAR 2,000 item with a 10% discount coupon.
- Price Breakdown:
- Base Price: ZAR 2,000
- Discount: ZAR 200
- Subtotal: ZAR 1,800
- VAT (15%): ZAR 270
- Shipping: ZAR 50
- Total: ZAR 2,120.
4. Delivery & Shipping
This section outlines the policies, options, and responsibilities related to product delivery, including timelines, costs, risk management, and compliance with legal standards.
4.1 Shipping Options & Services
Sandtoner offers flexible shipping methods tailored to user needs:
Service | Delivery Time | Cost (ZAR) | Tracking | Coverage |
---|---|---|---|---|
Standard Domestic | 3-5 business days | From 50 | Yes | Nationwide (South Africa) |
Express Domestic | 1-2 business days | From 150 | Yes | Major cities only |
International | 7-14 business days | From 300 | Yes | 50+ countries |
Same-Day | Within 24 hours | From 200 | Yes | Johannesburg/Pretoria |
- Notes:
- Delivery times exclude public holidays and weekends.
- Rural areas may incur extended delivery windows (+2-3 days).
4.2 Order Processing & Dispatch
- Processing Time:
- Orders placed before 12:00 PM SAST are processed and shipped the same day.
- Orders after 12:00 PM are processed the next business day.
- Dispatch Notification:
- Receive an email/SMS with:
- Carrier name and tracking number.
- Estimated delivery date.
- Link to the "Order Tracking" portal.
- Receive an email/SMS with:
4.3 Risk Transfer & Liability
- Domestic Orders:
- Risk of loss/damage transfers to you upon handover to the carrier.
- Ensure someone is available to receive the parcel; unattended deliveries are left at your risk.
- International Orders:
- Risk transfers at the destination country's customs checkpoint.
- Import duties, taxes, and clearance fees are the buyer's responsibility.
4.4 International Shipping Compliance
- Restricted Items:
- Prohibited goods (e.g., firearms, perishables) are flagged during checkout.
- Customs documentation (e.g., invoices, HS codes) is auto-generated.
- Duties & Taxes:
- Use our Duty Calculator during checkout for estimated fees.
- Non-payment may result in parcel seizure; Sandtoner is not liable for such cases.
4.5 Delivery Delays & Lost Parcels
- Delay Resolution:
- Automated Alerts: Notified via SMS/email for delays exceeding 48 hours.
- Compensation:
- Refund shipping fees for delays >5 business days.
- 10% discount coupon for delays >7 business days.
- Lost Parcel Claims:
- Reporting: Submit a claim via the "Support Portal" within 14 days of expected delivery.
- Investigation:
- Carrier conducts a 5-day search.
- If unresolved, choose a full refund or free reshipment.
4.6 Returns & Reverse Logistics
- Return Shipping:
- Prepaid Label: Provided for eligible returns (e.g., defective items).
- Self-Arranged: For non-defective returns; costs deducted from refund.
- Cross-Border Returns:
- Include a copy of the return authorization form to avoid customs issues.
4.7 Compliance & Security
- Data Protection:
- Shipping addresses and tracking data are encrypted (AES-256) and stored for 2 years.
- GDPR compliance for EU-bound shipments (e.g., anonymized tracking links).
- Carrier Vetting:
- Partners (e.g., DHL, CourierIT) undergo annual security audits (ISO 28000).
4.8 User Rights & Support
- Tracking Tools:
- Real-time GPS tracking via the Sandtoner app.
- Contact carrier directly using the provided tracking number.
- Escalation Channels:
- Sandtoner Support: 24/7 chat for urgent issues (e.g., "parcel marked delivered but not received").
- Regulatory Complaints: Escalate unresolved disputes to the National Consumer Commission (NCC).
Example Scenario:
- A user in Cape Town orders a ZAR 1,000 item with Standard Domestic shipping (ZAR 50).
- Dispatch: Parcel handed to Courier IT on Day 1.
- Delay: Delivery delayed by 3 days due to strikes.
- Compensation: User receives ZAR 50 shipping refund + ZAR 100 coupon.
5. Returns & Refunds
This section outlines the conditions, processes, and legal obligations governing product returns and refunds, ensuring compliance with South Africa's Consumer Protection Act (CPA) and international standards.
5.1 Eligibility Criteria
Return Type | Conditions | Exclusions |
---|---|---|
Defective Goods | Product damaged, faulty, or not as described. | Damage caused by misuse or negligence. |
Change of Mind | Unused, in original packaging with tags attached (apparel/electronics). | Customized/personalized items. |
Wrong Item Received | Mismatched product or incorrect variant (e.g., size, color). | Opened software/digital downloads. |
Late Delivery | Delivery delayed beyond 14 business days (international: 21 days). | Force majeure events (e.g., strikes). |
- Key Notes:
- Proof Required: Photos/videos of defects, original invoice, packaging.
- Timeframe: Return requests must be submitted within 30 days of delivery.
5.2 Return Process
- Step 1: Initiate Return
- Online Portal: Log in to your account > “Order History” > “Request Return”.
- Select Reason: Choose from predefined categories (e.g., "Defective”, “Wrong Item").
- Upload Evidence: Attach photos/videos (max 5 files, 10MB each).
- Step 2: Approval & Shipping
- Review: Sandtoner evaluates within 48 hours; notification via email.
- Return Label:
- Prepaid Label: Provided for defective/wrong items.
- Self-Ship: For "Change of Mind" returns; costs deducted from refund.
- Drop-off: Use designated carriers (e.g., PostNet, DHL).
- Step 3: Inspection & Refund
- Quality Check: Conducted within 5 business days of receipt.
- Refund Options:
- Original Payment Method: Processed within 10 business days.
- Sandtoner Wallet Credit: Instant issuance (recommended for faster access).
- Partial Refunds:
- Damaged Packaging: 10% deduction.
- Missing Components: Pro-rated based on missing parts (e.g., 30% for lost charger).
5.3 International Returns
- Customs Documentation: Include a Commercial Invoice Copy with "Return for Refund" stated.
- Duties & Taxes:
- Refund excludes original import duties; contact local customs for reimbursement.
- Shipping Costs:
- User bears return shipping unless due to Sandtoner error.
5.4 Exceptions & Disputes
- Non-Returnable Items:
- Perishables (e.g., food, flowers).
- Intimate apparel/swimwear (hygiene reasons).
- Digital goods (e.g., eBooks, software licenses).
- Dispute Resolution:
- Escalate unresolved claims to the National Consumer Commission (NCC) within 90 days.
5.5 Legal Compliance
- CPA Compliance:
- Cooling-Off Period: 7 days for non-personalized goods.
- Implied Warranty: 6 months for defects not caused by user.
- Data Security:
- Refund records encrypted (AES-256) and retained for 5 years (tax compliance).
- Payment details (e.g., card numbers) anonymized post-refund.
5.6 Special Cases
- Fraudulent Returns:
- Abuse (e.g., repeated "Change of Mind" claims) may lead to account suspension.
- Gift Returns:
- Requires original gift receipt; refund issued as store credit.
Example Scenario:
A user returns a ZAR 3,000 camera due to a faulty lens:
- Process:
- Submit return request with video evidence.
- Sandtoner approves and provides prepaid label.
- Full refund issued to original payment method after inspection.
- Timeline: 5 days (approval) + 5 days (inspection) + 10 days (refund) = 20 business days.
6. Promotions & Discounts
This section outlines the types, terms, and conditions of promotional offers and discounts available on the Sandtoner platform, ensuring compliance with South African Consumer Protection Act (CPA) and transparency in user engagement.
6.1 Types of Promotions
Sandtoner offers the following promotional activities:
Promotion Type | Description | Example |
---|---|---|
Coupons | Unique codes for percentage or fixed-amount discounts. | "SUMMER20" for 20% off. |
Flash Sales | Time-limited discounts (e.g., 24-hour deals on select items). | ZAR 1,000 TV for ZAR 800. |
Loyalty Rewards | Points earned per purchase; redeemable for discounts or exclusive perks. | 100 points = ZAR 50 off. |
Referral Bonuses | Credits awarded for inviting friends who make a purchase. | ZAR 100 credit per successful referral. |
Seasonal Campaigns | Thematic discounts (e.g., Black Friday, Holiday Sales). | Sitewide 30% off during December. |
6.2 Eligibility & Restrictions
- Applicability:
- Promotions may apply to specific products, categories, or user groups (e.g., new users).
- Exclusions: Clearance items, third-party seller products, or digital goods (unless stated).
- Geographic Limitations:
- Some promotions are region-specific (e.g., Johannesburg-only discounts).
- Time Constraints:
- Start and end dates are clearly stated (e.g., "Valid until 31 May 2025").
6.3 Usage Rules
- Redemption Process:
- Enter coupon codes at checkout under "Apply Promotion".
- Loyalty points auto-apply if sufficient balance exists.
- Stacking Policies:
- Single-Use: Only one coupon per order.
- Non-Stackable: Cannot combine with other promotions (e.g., flash sales + coupons).
- Validity Periods:
- Coupons expire if unused within 90 days; loyalty points expire after 12 months.
6.4 User Controls & Rights
- Opt-In/Opt-Out:
- Email/SMS Notifications: Manage preferences via "Communication Settings".
- Loyalty Program: Disable point accrual in account settings.
- Dispute Resolution:
- Report promotion errors (e.g., invalid codes) via the "Support Portal".
- Investigations resolved within 72 hours; compensation may include reissued coupons.
6.5 Platform Protections
- Fraud Prevention:
- Abuse Detection: Automated systems flag suspicious activity (e.g., bulk coupon generation).
- Penalties: Accounts abusing promotions may face suspension or revoked benefits.
- Modification Rights:
- Sandtoner reserves the right to cancel or modify promotions due to errors or misuse.
6.6 Data Handling & Compliance
- Data Collection:
- Required Data: Email (for coupon delivery), purchase history (for loyalty points).
- Anonymization: Aggregated data used for campaign analysis (e.g., redemption rates).
- POPIA Compliance:
- Users may request deletion of promotional history, excluding transactional records.
6.7 Example Scenarios
- Valid Use:
- A user applies "FREESHIP" for free standard shipping on a ZAR 500 order.
- Invalid Use:
- Attempting to stack "WELCOME10" (new user coupon) with a flash sale discount.
6.8 Contact & Support
- Promotion Issues: Email feedback@sandtoner.com or use live chat.
- Regulatory Complaints: Escalate unresolved issues to the National Consumer Commission (NCC).
7. Third-Party Sellers
This section defines the roles, responsibilities, and safeguards governing third-party sellers on the Sandtoner platform, ensuring compliance with South African Consumer Protection Act (CPA), POPIA, and international standards.
7.1 Definition & Scope
Third-Party Sellers are independent businesses or brands that list and sell products/services directly to users through Sandtoner's marketplace.
- Included Entities:
- Licensed retailers.
- Artisans and small businesses.
- Authorized brand distributors.
- Excluded Entities:
- Unverified vendors.
- Prohibited industries (e.g., weapons, counterfeit goods).
7.2 Seller Onboarding & Vetting
- Application Process:
- Step 1: Submit business registration, tax compliance certificates, and product catalogs.
- Step 2: Pass automated fraud checks (e.g., IP/device fingerprinting).
- Step 3: Manual review by Sandtoner's Seller Compliance Team (5-7 business days).
- Ongoing Requirements:
- Monthly Audits: Random product quality checks.
- Legal Compliance: Adherence to POPIA (data handling) and CPA (consumer rights).
7.3 Roles & Responsibilities
Party | Responsibilities | Accountability |
---|---|---|
Third-Party Seller | - Product quality and accuracy. - Fulfill orders within 48 hours. - Handle returns/refunds per platform policy. |
Liable for misrepresentation or defects. |
Sandtoner | - Provide dispute resolution. - Monitor seller compliance. - Escalate legal violations. |
Mediator; not liable for seller misconduct unless negligent in vetting. |
7.4 User Protections
- Transparency Measures:
- Seller Profile Page: Displays:
- Business registration number.
- Average response time.
- User ratings (1-5 stars) and reviews.
- Product Authenticity Badges: Verified by Sandtoner (e.g., "Authentic Brand Partner").
- Seller Profile Page: Displays:
- Dispute Resolution:
- Step 1: Contact seller directly via the "Message Seller" feature (72-hour response required).
- Step 2: Escalate to Sandtoner's Dispute Team if unresolved.
- Outcomes: Full refund, replacement, or store credit.
- Step 3: Lodge complaints with the National Consumer Commission (NCC) for legal recourse.
- Return & Refund Guarantee:
- Third-party sellers must adhere to Sandtoner's Returns & Refunds Policy.
- Sandtoner may withhold seller payouts for unresolved disputes.
7.5 Compliance & Data Security
- Data Handling:
- Seller Access: Limited to order-specific data (e.g., shipping address).
- POPIA Compliance: Sellers must sign a Data Processing Addendum (DPA).
- Cross-Border Sales:
- International Sellers: Must comply with destination country laws (e.g., EU GDPR for European buyers).
- Customs Documentation: Sellers provide accurate HS codes and invoices.
7.6 Financial Terms
- Fee Structure:
- Commission: 10-20% per transaction (varies by category).
- Subscription Tiers:
- Basic: ZAR 500/month (5% commission).
- Premium: ZAR 1,500/month (unlimited listings).
- Payouts:
- Processed weekly to seller's bank account (minus fees).
- Holds: Applied for unresolved disputes or policy violations.
7.7 Termination & Penalties
- Grounds for Removal:
- Repeated CPA violations (e.g., false advertising).
- Fraudulent activity (e.g., fake reviews).
- Penalties:
- Fines up to ZAR 50,000 for breaches.
- Permanent blacklisting from the platform.
7.8 User Guidance
How to Identify Reliable Sellers:
- Check for "Sandtoner Verified" badges.
- Review historical ratings (minimum 4.0 stars recommended).
- Avoid sellers with incomplete profiles or no reviews.
Example Scenario:
A user purchases a ZAR 2,000 watch from a third-party seller.
- Issue: Watch stops working after 1 week.
- Resolution:
- User contacts seller; no response in 72 hours.
- Escalates to Sandtoner, receives a full refund.
- Seller account suspended pending investigation.
8. Consumer Rights & Compliance
This section outlines the rights granted to users under South African law (including POPIA and CPA) and international regulations (e.g., GDPR), along with Sandtoner's obligations to uphold these rights through transparent practices and legal compliance.
8.1 Consumer Rights Under POPIA & CPA
Right | Description | Platform Obligations |
---|---|---|
Right to Privacy | Control how personal data is collected, used, and shared. | - Provide clear consent mechanisms. - Anonymize data where possible. |
Right to Access | Request a copy of personal data held by Sandtoner. | - Deliver data within 30 days via secure channels. - No fees for standard requests. |
Right to Correction | Update inaccurate or incomplete personal data. | - Enable self-service edits in account settings. - Manual review for sensitive data (e.g., ID numbers). |
Right to Deletion | Demand erasure of non-essential data (e.g., browsing history). | - Delete data within 14 days, excluding legal retention requirements. |
Right to Object | Opt out of profiling, direct marketing, or automated decision-making. | - Provide one-click opt-out in marketing emails. - Disable AI-driven recommendations upon request. |
Right to Fair Treatment | Protection against misleading advertising, unfair contracts, or unsafe products. | - Vet third-party sellers. - Remove fraudulent listings within 24 hours. |
8.2 Legal Compliance Framework
- POPIA Compliance:
- Data Minimization: Collect only necessary data (e.g., no mandatory social media linking).
- Breach Notification: Inform users and regulators within 72 hours of confirmed breaches.
- Data Transfer: Use Standard Contractual Clauses (SCCs) for cross-border data transfers.
- CPA Compliance:
- Cooling-Off Period: 7 days to cancel non-personalized purchases post-delivery.
- Implied Warranty: 6-month coverage for defects not caused by user misuse.
- Transparency: Display all costs (taxes, fees) upfront during checkout.
- GDPR (For EU Users):
- Data Protection Officer (DPO): Appointed for EU-specific queries (dpo@sandtoner.com).
- Right to Portability: Export data in machine-readable formats (JSON, CSV, EXCEL).
8.3 Complaint Resolution Process
- Step 1: Internal Escalation
- Submit Complaint: Use the "Support Portal" or email complaints@sandtoner.com.
- Acknowledgement: Receive a ticket number within 24 hours.
- Investigation: Resolved within 14 days; detailed report provided.
- Step 2: External Mediation
- National Consumer Commission (NCC): Escalate unresolved issues within 90 days of purchase.
- Information Regulator (POPIA): Lodge data-related complaints via https://www.justice.gov.za/inforeg/.
- Step 3: Legal Recourse
- File a claim with the High Court of Gauteng, Johannesburg for damages exceeding ZAR 100,000.
8.4 User Empowerment Tools
- Data Control Dashboard:
- Access: Account Settings > Privacy Controls.
- Features:
- View/delete browsing history.
- Download data archives.
- Adjust ad personalization settings.
- Marketing Preferences:
- Opt-Out Channels:
- Email: Unsubscribe link in all promotional emails.
- SMS: Reply "STOP" to block future messages.
- Opt-Out Channels:
- Security Features:
- Two-Factor Authentication (2FA): Optional for account logins.
- Activity Alerts: Notifications for suspicious login attempts.
8.5 Compliance Monitoring & Audits
- Internal Audits:
- Frequency: Quarterly reviews of data practices and seller compliance.
- Focus Areas:
- Consent records.
- Third-party data sharing agreements.
- External Certifications:
- ISO 27001: Annual audits for information security management.
- PCI-DSS: Compliance validated for payment processing systems.
8.6 Penalties for Non-Compliance
- User Compensation: Up to ZAR 500,000 for data breaches causing harm.
- Regulatory Fines:
- POPIA: Up to ZAR 10 million.
- CPA: Up to 10% of annual turnover.
8.7 Example Scenarios
- Data Access Request:
- A user requests their purchase history. Sandtoner provides a CSV file within 20 days.
- CPA Violation:
- A seller fails to honor the 6-month warranty. Sandtoner issues a refund and suspends the seller.
8.8 Contact Information
- Data Protection Officer (DPO): Lerato Mbeki (dpo@sandtoner.com).
- Legal Team: legal@sandtoner.com.
- National Consumer Commission: https://www.thencc.gov.za/.
9. Dispute Resolution
SANDTONER (PTY) LTD is committed to resolving disputes fairly and efficiently. This section outlines the process for addressing transactional, data privacy, or third-party seller conflicts, ensuring compliance with South Africa's Consumer Protection Act (CPA) and Protection of Personal Information Act (POPIA).
Submission & Internal Resolution
To initiate a dispute, submit a request via the "Support Portal" with your order/transaction ID, a detailed description, and supporting evidence (e.g., photos, invoices). You will receive a case number within 24 hours. Simple cases (e.g., refunds) are resolved within 5 business days, while complex issues (e.g., data breaches) may take up to 14 business days. Interim measures, such as account credits or transaction suspensions, may be applied during investigations.
Mediation & Arbitration
If unresolved internally, opt for free mediation through the South African Association for Conflict Resolution (SAACR). Both parties submit statements, and a neutral mediator facilitates negotiations within 21 days. If mediation fails, binding arbitration under the Arbitration Foundation of Southern Africa (AFSA) may proceed, with costs shared equally unless otherwise determined.
Legal Recourse & Compliance
Unresolved disputes may be escalated to the High Court of Gauteng, Johannesburg, with jurisdiction under South African law. Users waive class action rights, agreeing to resolve disputes individually. Sandtoner retains dispute records for 5 years and complies with POPIA/GDPR breach notifications within 72 hours. Failure to resolve disputes in good faith may incur CPA fines up to 10% of annual turnover.
User Rights & Contact
- Transparency: Access all evidence and communications related to your case.
- Non-Retaliation: Legitimate claims will not result in account suspension.
- Support: Contact feedback@sandtoner.com or +27 829076662 (Mon-Fri, 9 AM-6 PM SAST).
10. Modifications
SANDTONER (PTY) LTD reserves the right to update or modify these Conditions of Use & Sale at any time to reflect changes in legal requirements, operational practices, or market conditions. Material changes (e.g., fee adjustments, privacy terms, dispute processes) will be communicated to users via email notification or prominent website banners 30 days prior to implementation. Non-material changes (e.g., grammatical corrections) become effective immediately upon posting. Continued use of the platform after the effective date constitutes acceptance of the revised terms. If any provision is deemed invalid or unenforceable by law, such invalidity will not affect the remaining provisions, which shall remain in full force. Users may review the latest version of this policy at any time via the "Legal" section of the Sandtoner website.
11. Contact Information
11.1 Data Protection Officer
- Name: Shanke
- Email: dpo@sandtoner.com
- Address: Rivonia Boulevard and 9th Avenue Johannesburg Sandton Gauteng 2128
- Phone: +27 829076662
11.2 Regulatory Complaints
Lodge complaints with the South African Information Regulator:
- Website: https://www.justice.gov.za/inforeg/
- Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg