Terms and conditions

Table of Content

1. Introduction

  1. Please take a moment to read these terms and conditions of purchase (“Terms”) to understand how they apply to the Products offered on the Sites. These Terms, together with the Privacy Notice, and Cookie Notice and any provisions contained in the online registration and application process will make up the agreement (“Agreement”) and will be binding and enforceable against every person that access or uses the Sites (“You” Your or User”) between You and Us.
  2. You understand and agree that You have had an opportunity to read and understand these Terms and that in order to use the Services and purchase Products using the Sites You will need to click the “I Accept” box attached to these Terms, which will then be binding on You. If there is any provision in the Terms that You do not understand, please email fraud@onecart.co.za to contact Us.
  3. If You do not agree with any of these Terms You will not be able to use Our Services or purchase Products.
  4. Please note that in terms of the Consumer Protection Act 68 of 2008 (“CPA”) there are clauses in these Terms that require Your careful attention and consideration and You should ensure that You fully understand what they mean. These may limit Your rights, make You liable, or require You to indemnify the third party or confirm facts. To assist You and to specifically draw Your attention to these clauses, these terms appear in bold font. Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either You or Us in terms of the CPA.
  5. OneCart reserves the right, without notice and at its sole and absolute discretion, to make changes to these Terms. Such changes will take effect on the publication date to the Sites. It is expressly recorded that should there be any material changes to these Terms, OneCart will endeavour to notify users thereof. You are encouraged to familiarise yourself with the content of these Terms on a regular basis.
  6. If You continue to use the Sites after our amendments to these Terms have been published, You will be deemed to have accepted such amended Terms.

2. Definitions and Interpretation

  1. In these Terms:
    1. “App” means the OneCart mobile application software owned and operated by OneCart which enables You to use the Services;
    2. “Content” means any information, text, graphics, photos, and other materials uploaded, downloaded, or appearing on the Sites that is encountered as part of Your experience using the Sites;
    3. “Deliverer” means the person with whom We assign to either as an employee, independent contractor, third party service provider, or otherwise to deliver Products to You;
    4. “OneCart/we/our/us” means OneCart (Pty) Ltd, with registration number 2016/262246/07, a company duly registered in the Republic of South Africa, with its business address at Massmart Head Office, 1st Floor, 16 Peltier Drive, Sunninghill 2157.
    5. “Products” means the products offered for sale on our Sites;
    6. “Seller” means a person or organisation whose products are sold to the public through the Sites;
    7. “Services” means the Services We provide You via the Sites to purchase and get delivery of Products to an address selected by You;
    8. “Sites” means the App and the Website;
    9. “User/You/Your” means You as the user of the Sites and Services;
    10. “Website” means the website situated at www.OneCart.co.za, owned and operated by OneCart.
  2. Words importing any one gender shall include the other gender; the singular shall include the plural and the other way around; a reference to natural persons shall include created entities and vice versa (the other way around).
  3. If any provision in a definition is a substantive provision conferring rights or imposing obligations on any party, effect shall be given to it as if it were a substantive provision.
  4. When any number of calendar days is prescribed in these Terms, that number of days shall be reckoned exclusively of the first and inclusively of the last day.
  5. The rule of construction that an agreement is interpreted against the party responsible for drafting it shall not apply.
  6. The expiration or termination of these Terms will not affect any provisions which provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination.
  7. Records shall be binding on the Parties and are not merely for information purposes only.
  8. Any words, terms, and/or expressions used on the Sites and/or any other document incorporated by reference herein, shall bear the meanings given to them in these Terms unless the contrary is specifically stated.
  9. The provisions, information, and terms and conditions which apply as part of the process of registration as a user of the Services and on the Sites, in general, shall be binding on You and shall be incorporated by reference into these Terms. You acknowledge and agree that You have read and understood the provisions and information appearing on the Sites and any links therefrom accordingly.

3. The Services

  1. OneCart is an online marketplace platform that connects Users with Sellers for the purchase of Products.
  2. As OneCart provides the platform, the purchase of the Products from a Seller shall result in a binding agreement being entered into between the Seller and You. Under no circumstances shall it be interpreted that we are agents and/or intermediaries of Sellers and are merely facilitators in relation to the extent of Your use of our Sites as a platform for the marketing, sale, processing payment for the Products and delivery of Products by Sellers to You. OneCart is not the manufacturer and/or supplier of the Products and is not responsible as the manufacturer and/or supplier of the Products. Only Sellers supply the Products and only the Sellers are responsible for such supply.
  3. We are responsible for collecting Products from the Sellers, where We shop on Your behalf, and for facilitating the delivery of the Products to You.
  4. The Services are made available solely for Your personal, non-commercial use.
  5. In accessing the Sites, you represent and warrant that you are the legal age of 18 (eighteen) and have capacity and /or authorised to enter into a binding contract with Us.

4. Registration and Use of the Site

  1. You understand and acknowledge that the Services offered by OneCart and all transactions related thereto and recorded and agreed to in the registration process will be binding on You.
  2. You further acknowledge and understand that the conclusion of any required documentation takes place in an electronic format via the Sites and that tick boxes which are ticked by You constitute a binding agreement to the document and/or provisions to which such tick box relates. No further physical signature or documentation will be required in order for the agreement to be binding.
  3. You must register and set up a personal user account (“Account”) before using the Sites Services and purchase Products. Our Sites will guide You through the steps You need to take to do so.
  4. You must be at least 18(eighteen) years of age to register and open an Account.
  5. To register as a user, You will be required to provide certain personal information as well as a unique username (with (a valid email address or cell phone number) and password and hereby consent to the processing of this personal information for the purposes set forth in the Agreement. You will need to use Your unique username and password every time You wish to access the Site to use the Services.
  6. We are not responsible to verify any information provided by You to Us in registering or purchasing Products and You understand and agree that We will rely on the correctness and completeness of the information given by You to Us and You hereby indemnify Us accordingly. It is Your responsibility to ensure the information on the Sites remains up to date.
  7. When You register and create an Account, You may be required to provide Us with credit and/or debit card and/or another form of payment information (Payment Information) which We use to facilitate payment with third-party payment processors.
  8. You must keep Your username and password information confidential and must not disclose it or share it with anyone. You are responsible for all activity that occurs under Your Account, and You agree to maintain the security and secrecy of Your Account username and password at all times. We accept no liability for any loss suffered or incurred from the unauthorised use of Your personal information, username, or password.
  9. If OneCart has reason to believe that there is likely to be, or has been, a breach of security or misuse of our Sites, We may require You to change your password and/or We reserve the right to suspend Your account without prior notification.
  10. Once the correct username and password relating to Your Account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, You will be liable for payment for Services, unless the order is canceled by You in accordance with these Terms.
  11. You agree that You have provided accurate, up-to-date, and complete information about Yourself. We are not responsible for any error made as a result of such information being inaccurate.
  12. You agree to notify Us of any changes in Your information, including invalid or expired payment information, immediately if it occurs. If You do not do so, We may terminate this agreement.
  13. You may only possess one Account and reserve our right to validate Your credentials and take any action deemed necessary, at our sole discretion.
  14. We may, but are under no obligation take such steps, as We deem necessary, to verify whether, in completing the registration, You have provided Us with complete and accurate information about Yourself and Your Payment Information and You hereby agree to Us performing such verification.
  15. You agree to notify Us immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of Your username and password and to take steps to mitigate any resultant loss or harm by contacting Us at fraud@onecart.co.za or telephonically on 0104761400.
  16. By creating an account, You agree that We may send You:
    1. Push notifications which You agree to when downloading the App. You may turn these on or off from Your mobile phone settings.You
      acknowledge that turning off push notifications may impact Your use of the Services.
    2. text (WhatsApp and SMS) messages as part of the normal business operation of Your use of the Services. You may opt out of receiving text (WhatsApp and SMS) messages from Us by following the directions in the SMS. You acknowledge that opting out of receiving text (WhatsApp and SMS) messages may impact and/or limit Your use of the Services and functionality on the Sites.

5. Processing Communications

  1. You hereby agree that all orders and any other communications which purport to originate from You and which are sent to Us electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by You at all, shall be deemed to have been given in the form actually received by us. You will be bound by such communication with no liability of whatever nature attaching to Us in regard thereto.
  2. You waive any rights You may have or obtain against Us arising directly or indirectly from any loss or damage of whatsoever nature which You may suffer as a result of the fact that We act on Your orders or communications, or orders or communications that purport to come from You and You indemnify OneCart against all and any claims, liabilities, losses, costs, fines, damages and expenses, arising as a result of the fact that We acted on Your instructions/orders or instructions/orders which purport to come from You.
  3. Due to the nature of the Services, it is imperative that the correct delivery address is captured when using the Sites. We cannot accept responsibility if delivery fails due to incorrect details provided by you.

6. Purchase of Products

  1. OneCart provides an online platform that helps Sellers to grow their sales by finding new customers and facilitating the interaction and the transaction between customers and Sellers. OneCart is not the seller of the Products.
  2. The advertising of Products on the Sites is only an invitation by Sellers to You to make an offer to purchase from the Sellers.
  3. All Products displayed on the Sites are subject to availability and will be delivered only within the Republic of South Africa to designated areas.
  4. The sale and purchase of Products is solely between You and a Seller. We are not a party to that sale.
  5. Once You have an Account, You are required to indicate your delivery address before browsing our Sites and placing an order as in some circumstances Your delivery address may not fall within an area currently being serviced by a Seller.
  6. You may place orders for Products and upon checkout, You will be given the option to decide if You prefer any monetary balance (that may occur after the order has been collected, due to cheaper substituted Products or unavailable Products) to be refunded to Your bank account (if You paid by credit or cheque card) or have the balance credited to the digital OneCart wallet, which is automatically created upon the creation of Your Account (“OneCart Wallet”).
  7. Our Sites will guide You through the steps You need to take to purchase Products. All provisions and annotations contained in that prompted process shall form part of these Terms and shall be incorporated as part thereof so please read and check each page of the order process carefully.
  8. Orders can only be created through the use of our Sites. No orders via web, telephone, email, SMS or any other medium is possible. Please note that the help desk may guide you through the process of placing an order, but are unable to place the order on your behalf.
  9. You must place Your order by indicating which Products You wish to add to Your basket before proceeding to check out
  10. The purchase price for the Product selected (“Purchase Fees”) and the relevant administration and delivery fees payable by You in receipt of the purchase of the selected Products (“Total Purchase Cost”) will appear on the checkout screen.
  11. We will send You an order confirmation once You have paid the Total Purchase Cost for the purchase transaction and order confirmation includes receiving electronic communication from Our bank that the Total Purchased Cost has been authorised.
  12. The order confirmation will be deemed to be acceptance of Your offer to purchase the Products referred to therein.
  13. You are able to track the progress of your order on the Sites, including the location of the Deliverer delivering your order. The Deliverer, only where absolutely necessary, will call you on the mobile number supplied when registering on the Site, to locate you at Your delivery address
  14. Placing Products in Your basket without completing the purchase cycle is not an order and such Products may be removed from the basket if stock is no longer available or the price thereof might change without notice to You. You cannot hold Us or the Seller liable if such Products are not available or are not available at the particular price when You complete or attempt to complete the purchase cycle at a later stage.
  15. If a Seller is unable to supply You with a Product, for example, because that Product is not in stock, or no longer available, or because it cannot meet Your requested delivery date, or because of an error in the price on our Site, We will inform You of this by e-mail and We will not process Your order. In the event that You placed an order via credit card, We will give You the option of changing the order for an alternative available substitute Product from the same Seller which is substantially similar. You may select the alternative Products or elect to cancel the order. If You have already paid for the Products and choose alternatives that differ in Total Purchase Cost, We will make the necessary adjustments to the Total Purchase Cost payable by crediting Your OneCart Wallet or refunding You, alternatively if You choose to cancel the order, We will refund You the full amount paid by You in respect of that canceled order or credit it to Your OneCart Wallet. Substitution is not available for EFT orders.
  16. It may be possible in certain scenarios that Your final Total Purchase Cost may be higher or lower than the order value at order placement, due to:
    1. Alternative/ substituted or replacement products priced higher or lower than the products you ordered, should these be out of stock and You elect to the alternative/ substituted or replacement Product,
    2. Products priced per kilogram, where the actual weight of the Product selected by the fulfilment store may differ with the projected weight of the product on the Sites.
  17. Should alternative products or the final weight of products priced per kilogram result in an increase to your order value, an additional payment is requested from your bank for the difference (i.e. the increase in value) before your order is finalised and dispatched for delivery. 
  18. Products ordered by weight:
    1. Where Products are ordered by weight, our fulfilment store of the Seller will endeavour to provide you with an amount as close to the requested weight as possible. The actual Product weight you receive may exceed or be less than the weight requested, which ranges from 10% to 50%. This variance is based on a logarithmic scale based on the price of the Product. If this tolerance level is exceeded, an alternative Product or cancelation may be selected in line with the process set out above.
    2. Please note that the price charged will be solely based on the actual weight of the Product that You received and not the requested weight. OneCart will not be liable for any redelivery or remedy from Products returned due to weight or cost differences within the stated tolerance.
  19. You may cancel an order at any time before collection of the Product on written notice to us. After delivery of the Products, You may return the Products only in accordance with the returns policy of the relevant Seller
  20. Products offered on the Sites are for sale only for domestic and private use. You agree not to purchase or use the Products for any commercial, business, or resale purposes, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  21. By placing an order for Products, You agree that OneCart may deliver confirmation and further information to You by push notification, telephonically, by e-mail, whatsapp or SMS, using the contact information You provided in Your Account.
  22. You hereby agree that OneCart may before or after delivery sends You electronic communications relating to Your order and/or the Service/s offered via the Sites from time to time, provided that You will be given the opportunity to cancel Your subscription to our mailing list at any time by providing Us with written notification to that effect. Should You opt out of receiving direct marketing, please note that OneCart may still process your personal information and send your communication relating to Your order in order for OneCart to render the Services.
  23. In terms of the Liquor and Tobacco laws and regulations of South Africa, it is an offence for any person under the age of 18 (eighteen) to purchase, or attempt to purchase, intoxicating liquor, or for any person over the age of 18 (eighteen) to buy intoxicating liquor on behalf of any person under the age of 18 (eighteen). OneCart is merely facilitating the delivery of liquor on behalf of a licensed Seller on the Site. OneCart is committed to upholding both their legal and social obligations as a distributor of liquor on behalf of licensed retailers. Accordingly, OneCart reserves the right to request formal identification of any person accepting delivery.The delivery of an order containing any liquor or tobacco Products may be refused and you will be held liable for all charges relating to such order, should you fail to provide adequate proof that you are 18 (eighteen) years of age or older, or if you appear to be under the influence of drugs or alcohol at the time of delivery or collection of such products. For the avoidance of doubt, the refusal of the delivery will apply to the entire order, and not only the liquor or tobacco products within this order.

7. Total Purchase Cost

  1. You will be charged the prices that are reflected on the Sites, subject to availability and while stock lasts. Prices may change on a daily basis.
  2. You will be charged delivery fees and service fees that are reflected on the Sites during the check-out process (“Purchase Costs”).
  3. The total amount payable by You in respect of the purchase of a Product shall be made up of the Purchase Fees and the Purchase Costs. (“Total Purchase Cost”)
  4. The Total Purchase Costs are indicated on our Site during the check-out process before You confirm Your order. The Total Purchase Costs will be payable upon checkout.
  5. The price of the Products is indicated on our Sites and includes value-added tax (“VAT”) (where applicable) at the applicable current rate chargeable in South Africa for the time being.

8. Payment

  1. You can pay for Your Products using a debit card (provided it is 3D Secure enabled) or credit card (Mastercard and Visa).
  2. Payment for Your Products must be made in advance by paying the Total Purchase Cost prior to delivery.
  3. We are committed to providing secure online payment facilities. We take reasonable steps to secure Your Payment Information. We use a payment system that is in our reasonable opinion sufficiently secure with reference to accepted technological standards and the type of transaction concerned.
  4. Your Payment Information will need to be uploaded each time You make a new order.
  5. Please note that all payments are made through a third-party payment processer. We give all Your personal details and card details and other Payment Information to such third-party payment processors. By giving Us Your Payment Information, You are consenting to such third-party having access thereto and use thereof in order to process payment to us.
  6. We will not retain information relating to Your payment or credit card. This Payment Information never comes into Our control. The Payment Information is given into a page which is in reality a page of Our third-party payment processing provider. For details about the disclosure of personal information and Payment Information please see Our Privacy Notice.
  7. By submitting Your order, identity number, and payment card details You warrant that You are fully authorised to use Your chosen payment method and that We will not be liable for any incorrect details given by You to Us. You also warrant that You have sufficient available funds to cover all costs incurred as a result of Your purchases on the Sites and any costs associated with collecting payments.
  8. If a payment fails, We have the right to withhold delivery until payment has been made via an alternative payment option and such payment reflects with OneCart.We accept no liability or responsibility for any losses whatsoever, as a consequential result of a failed payment and subsequent order cancellation or delay.
  9. It is Your responsibility to ensure that the expiry date of Your payment card is after the requested dispatch date of Your order and that Your payment card has sufficient funds to cover the purchase. If the payment card has expired, or there are insufficient funds, We will be unable to take payment and fulfil your order

9. Delivery

  1. Delivery times offered may vary according to the Store from which your delivery will be picked and distributed. We will use our best endeavors to deliver the Products within approximately 1(one) hour to the address supplied by You in Your Account, however delivery within 1(one) hours is not guaranteed and You will not have any claim against Us or the Seller or the Deliverer if the delivery is delayed for any reason whatsoever.
  2. Our safety of our Deliverers are paramount and accordingly, we reserve the right to restrict delivery to any areas deemed high risk areas, at our sole discretion.
  3. You may be asked to sign a duplicate copy of the delivery note to confirm receipt of the Products.
  4. It is Your responsibility to be present (or to make sure that the person nominated by You when placing the order, is present) for the full duration of your chosen delivery slot. If, in the event that no authorised person is available to accept Your order, the Deliverer will return to the Seller’s fulfilment store, and a refund processed to Your OneCart Wallet once the Products in your order have been returned to the Seller’s fulfilment store’s stockholding. The refund amount will exclude the delivery fee associated with the attempted delivery, and/ or any promotional coupons used to discount the original order (if applicable).
  5. For verification purposes, the person accepting delivery at the delivery address will be required to produce a form of identification. Any person other than Yourself who receives the Products at the delivery address is presumed to be authorised to accept delivery on Your behalf and You hereby indemnify Us accordingly. Only You or Your duly appointed representative may receive the Products.
  6. All deliveries including alcoholic beverages must be accepted by the registered User, who is capable of proving that he or she is 18(eighteen) years of age or older and can provide a valid form of government-issued identification at the time of delivery. If there is no individual who is 18(eighteen) years of age or older or cannot provide valid identification showing that he or she is 18 (eighteen) years of age or older, the deliverer will not complete delivery of the Products. Additionally, if the Deliverer is unable to contact You at the specified delivery address for 10 or more minutes, all Products will be removed from the order and returned to the Seller. We retain the right to charge a delivery fee and a restocking fee in this instance, implemented at our discretion.
  7. The obligation to deliver Products to You is fulfilled when the delivery of the Products is made to the physical address nominated by You for delivery in Your Account. We are is not responsible for any loss or unauthorised use of the Products, after they have been delivered to such address.
  8. Where We have outsourced all delivery and collection arrangements to third-party service providers, We cannot, to the extent permitted by law, be liable for any loss or delay caused by them. Our liability for any delay in delivery is limited to re-delivery at a later agreed time at no additional charge.
  9. Damaged goods or delivery order errors:
    1. In the event of damaged goods being evident during delivery (e.g. leaking contents visible through the bag, or damaged packaging visible through a tear in the bag), You have the right not to accept the order. The Deliverer will return the order to the Seller’s fulfilment store, and a credit passed to your OneCart account once the Products have been returned to the Seller’s store’s stockholding. The credit will include the cost of the delivery, if applicable. Any promotional coupons used to discount the original order will be forfeited.
    2. Alternatively, if You are able to accept the order and determine with 48 hours that the Products are damaged, You are required to follow Our returns process detailed in clause 15 below.
    3. We pride ourselves on the quality and accuracy of our Services. Accordingly, We reserve the right to monitor and investigate Your claims history and We hereby reserve the right in our sole and absolute discretion to block Your account, should We determine that Your claims history places you well above the normal claims' ratio.

10. Risk and Ownership

  1. The ownership and risk associated with Your Products will be held by OneCart up to and until the point at which they are handed over to You during delivery. Any damage, disappearance or theft of the Products post-delivery will become the responsibility of the person who placed the order and against whom the contract is binding.
  2. Please note that OneCart cannot be held responsible for orders placed incorrectly on our Sites, even if the error was in good faith. Should an order error be discovered during the delivery process, any products not wanted may be returned to your nearest Seller’s store and will be fully refunded or replaced subject to the Seller’s Returns policy. OneCart will not be responsible for delivering the originally intended Products unless as part of a new delivery and/or subject to a further delivery charge. To avoid disappointment, please present your tax invoice as proof of purchase when discussing the returned products with a member of staff at the Seller’s store, either in electronic or hard copy format.

11. Products and Availability

  1. We reserve the right to limit quantities per Product and/or per order based on stock availability, Product dimensions and/or whether your Products ordered could fit in the delivery mechanism.
  2. Some products that are available in our Sellers in-store will not be available on our Sites and in certain instance certain Products cannot legally be sold online (for example tobacco products).
  3. You acknowledge that the stock of all Products on offer is limited and that pricing may change at any time without notice to You. We cannot guarantee the availability of stock. When Products are no longer available after You have placed an order, We will notify You and You will be entitled to choose between a refund of any amount already paid by You for such Products, a credit to Your OneCart Wallet, or substitution with different Products. If You opt to substitute the unavailable Products with different Products, Your Account or OneCart Wallet, as the case may be, will be charged/refunded or credited according to the price of the new products chosen.
  4. We rely on inventory information supplied by the relevant Seller and We accordingly bear no liability for any inaccuracies in the information supplied to Us related to any Product.
  5. We reserve the right to discontinue or change the specifications of the Products from time to time without notice. We will inform You as soon as possible within 20 (twenty) minutes if any Products ordered by You are not available.
  6. Product information and images:
    1. We have made every effort to display the Products on the Sites as accurately as possible, including:
    2. the images that represent a visual depiction of the Product, however, the images of the Products on our Sites are for illustrative purposes only;
    3. features and descriptions that pertain to the Product; and
    4. specifications in respect of the Product;
    5. the actual Product delivered may be subject to variations in appearance, as the Product’s packaging may differ over time. It remains Your responsibility to ensure that the Product you ordered is correct and the Product description and/or model number will always overrule any related images when resolving a dispute about a Product.
    6. Where dietary or other allergen information is important to You please ensure that You check with the Product manufacturer that the Product is suited for Your requirements. We recommend that You do not solely rely on the information that pertains to a specific Product on the Sites and always ensure that you refer to the product label itself. We are unable to accept liability for any incorrect/incomplete information posted on the Sites in this regard. This does not affect your statutory rights. We and any of our respective directors, officers, agents, contractors, interns, suppliers and employees will not be liable for any damages, losses or causes of action of any nature arising from any use of these products.
    7. As the actual colours You see will depend on Your computer's monitor we cannot guarantee that your monitor's display of any colour will be accurate.
    8. Images of Products may include ancillary items which are sold separately and you will be required to place an additional order for such ancillary items.
  7. We regret that no order will be accepted if We identify a material error in the description of any Products or their prices on the Sites.
  9. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price, and delivery charges of Products on the Sites. However, should there be any errors of whatsoever nature (which are not due to our gross negligence), We shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding You for any amount already paid.
  11. We shall not be bound by any incorrect information regarding Products or our Services displayed on any third-party websites.

12. Events Outside Our Control

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an order that is caused by an Event Outside Our Control, as explained in this clause.
  2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disasters, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
  3. If an Event Outside Our Control takes place that affects the performance of our obligations under an order, We will contact You as soon as reasonably possible to notify You, and our obligations under any order will be suspended for as long as the Event Outside Our Control lasts. Where the Event Outside Our Control affects our delivery of Products to You, We will arrange a new delivery date with You after the Event Outside Our Control is over.
  4. You may cancel an order affected by an Event Outside Our Control.
  5. Please note adverse weather conditions, accidents, road work, unusual traffic congestion or any other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case, We will endeavour to contact You as soon as we are able to and reschedule Your delivery time and date. In any event for cancelled deliveries our liability to You will be limited to crediting your OneCart Wallet or refunding You with the price of any Products not delivered, and the associated delivery charge. We cannot be held liable for delivery delays outside of our control (like a force majeure event) and any refund where liability is accepted will be limited to the cost of the delivery charge.

13. Coupons

  1. Coupons refer to the coupons which provide You with price reductions, discounts, or the equivalent value in collectable points, on the selected Products as indicate on the Sites, or to reward coupons received by You for points collected ("Coupons").
  2. The Coupons on our Sites, or linked to our Sites, are only redeemable on our applicable Site stipulated on the coupon.
  3. Coupons may only be applicable to particular Products purchased on the Sites and may be limited to a certain number of Products sold.
  4. Each Coupon can only be used once by each validated OneCart customer. In the event a coupon is found to have been applied to multiple profiles belonging to the same customer, the value of those misused coupons may be recouped by OneCart. We reserve the right to suspend and/or terminate Your Account, in our absolute discretion should you misuse the Site or Services.
  5. Each Coupon may be subject to additional terms and conditions which will displayed on such coupon and You may receive the coupon via email, sms or in print.
  6. Each coupon may have a validity date specifying by when the coupon must be used. Failure to redeem the coupon within the specified period shall result in the coupon being void and/or forfeited.
  7. OneCart reserves the right to cancel, correct, amend or reject a coupon for any reason whatsoever and entirely within OneCart’s discretion. Furthermore, OneCart may offer a coupon to a limited number of Users and accordingly a coupon code may not be active when you attempt to utilise such coupon code. In such an event, you cannot hold OneCart liable for such discount which You may have earned had the coupon been utilised earlier.
  8. Coupons may not be exchanged or redeemed for cash and no change will be given on the Coupon. Coupons may not be transferred to any third party whatsoever and may be linked to Your profile.
  9. Coupons cannot be used in conjunction with any other promotion and/or other coupons. The system may automatically process the first coupon entered and disregard the other coupon applied. OneCart reserves the right to claim back any coupon value and/or cancel any order placed in the event that multiple coupons are utilised by You for a purchase.
  10. In the event that You wish to return any Products purchased utilising a coupon then You shall be refunded the value of the Product less the value of the coupon.
  11. OneCart shall not be liable for any damage or loss which You, or any third party, may suffer as a result of any loss, unauthorized usage or distribution of any coupon.

14. Promotion and Discounted Products

  1. OneCart may from time to time, in sole discretion offer to create promotional codes that may be redeemed for credit, or other features or benefits related to the Products and/or Services and/or a Third-Party Provider’s services subject to any additional terms that We establish.
  2. From time to time, We may offer certain products at discounted prices. These “specials” will be subject to certain conditions, which define the scope of the special.
  3. If You buy Products within the scope of a special, You will pay the discounted price for those Products (the “Special Price”). However, if You buy Products in a manner that falls outside of the scope of a special, then You will pay the then-current (non-special) selling price on the Sites (the “Normal Price”), for each of the Products that fall outside the scope of the special.
  4. Special promotions, special offers, discounts, and coupons may be subject to certain conditions, including stock availability and limited offer stipulations which are to be found on the Sites. Special promotions, special offers, discounts, and coupons are related to the purchase of the Products via OneCart. OneCart may not offer the same specials as the Supplier may offer for in-store purchases of the same Products. It is important to note that there is a possibility that the Site is offline from time to time which may result in advertised or special promotions not being triggered during checkout. While we will endeavour to have a pop-up informing You of this, in these circumstances, OneCart will not honour these promotions and will not accept any liability of such promotions lost as a result thereof.

15. Your right to returns and cancellation

  1. Undertaking By OneCart
    1. When You conclude a sale via the Sites You will be entering into a purchase agreement with the Seller of the Products concerned and not with us. You agree and understand that any rights of cancellation, refund or return in respect of the Products purchased are between You and the Seller of the Products and You will need to contact the Seller accordingly
    3. Notwithstanding the aforesaid, to give You the utmost confidence in the OneCart buying experience, if the Seller fails to supply a Product to You for which You have paid, or supplies a product that is substantially different from what You ordered, we, in our sole and absolute discretion, may agree to refund the cost to You or credit Your OneCart Wallet. The undertaking set out in this paragraph is non-contractual. We shall operate it at our entire discretion.
    5. In the event that any damage to the Products or packaging occurs during collection or delivery as a result of the actions or omissions of OneCart, We will take responsibility, therefore, provided that You advise Us within 48 (forty eight) hours of such damage by emailing orders@onecart.co.za details of the claim and order number and it can be verified that damage occurred during collection or delivery. Once We are satisfied that this is the case, We may replace the goods or give You a refund, at Your election. A refund could include crediting Your OneCart Wallet or refunding to Your bank account upon request.
  2. Cooling Off Rights And Cancellation
    1. This is an electronic agreement for purposes of the Electronic Communications and Transactions Act (“ECTA”). This means that other than Products which are foodstuffs, beverages, or other goods intended for everyday consumption, audio or video recordings or computer software that has been unsealed and/or newspapers, periodicals, magazines, and books, You may cancel an order/purchase, within 5 (five) days, by contacting our Customer Service Support at orders@onecart.co.za or calling our help desk at 087 701 6725.
    2. If You cancel after delivery has been made, You will be responsible for delivery costs associated with returning the Products to the Seller and restocking costs.
    3. If You have opened the package or used or consumed the Products, You shall not be entitled to cancel Your order, therefore and any returns shall be subject to our Returns Policy.
  3. Non-Returnable Products. OneCart strives to provide the best service possible and ensure the quality and safety of the Products we deliver to You. However, there are certain Products that, for reasons of safety, legislation and/or hygiene, cannot be returned to our Seller’s store. These Products include:
    1. Hygiene Products
      1. For hygienic and sanitary reasons, Products of a personal nature including, but not limited to grooming Products , sound equipment, cosmetics and body piercing jewellery cannot be returned or exchanged, except where defective upon delivery.
    2. Pharmaceutical Products
      1. The return or exchange of medicine and other pharmaceutical products is strictly prohibited, except in the case of incorrect dispensing by the pharmacist where the Product is still in original packaging, undamaged, and untampered condition. If You are unable to accept delivery of these Products, arrangements will be made to deliver to Your nearest neighbour or designated personnel representative on Your behalf.
    3. Products purchased from our Cold Chain, being Products kept at a controlled temperature through a system (including perishable foods that are temperature sensitive). These Products cannot be returned once delivered as the Cold Chain process would have been broken on delivery and the value cannot be refunded.

16. Data Protection and Privacy

  1. By accepting these Terms, You confirm, acknowledge, and agree, with express consent, that We may collect and process Your Personal Information in terms of our Privacy Notice which You have read, understood, and agreed to as part of Your registration.

17. Marketing and Inadvertent and Obvious Errors

  1. You have elected the marketing options set out in the registration and agree We are entitled to rely on such an election.
  2. Certain deals and promotions will be sent to you via direct marketing channels including email, sms, whatsapp or via our App. It remains your responsibility to ensure that we always have your correct contact details to ensure that you receive your offers and communications.
  3. By supplying us with your personal information and by consenting thereto, you agree to receive direct marketing communications from us on your chosen communications channel insofar as it relates to the use of the Sites.
  4. If, at any time, You wish to withdraw your consent to the aforementioned receipt of direct marketing communications, you will be entitled to do so by contacting our help desk on 010 476 1400 or clicking on the unsubscribe button.
  5. Should you have opted-in to receive direct marketing communications, you may opt out from any of the above-mentioned channels, either when you first register on the Site or at any time thereafter. When OneCart sends you additional communications you can opt-out by exercising the opt out function on the channel used to communicate with you, alternatively you may contact our help centre on
  6. We cannot be held liable should You not receive certain offers and communications.
  7. We regret that no order can be accepted if We identify an inadvertent and obvious error in the prices of Products or Services or the description of any of our Products or Services on our online platform, this includes inadvertent and obvious errors due to any technical or system error. Should we become aware of a pricing error in respect of any Products or Services advertised by Us online, we will be entitled to notify You of such error and at your election either (a) cancel the transaction and if You have already made payment of any Products, we will refund You such payment; or (b) uphold the transaction and allow You to pay the correct price before the order will be fulfilled.
  8. We appreciate that You may use our Sites to research pricing before visiting one of Sellers physical stores. However, please note that pricing on our Sites does not constitute an offer by any of our Seller’s physical stores and therefore in-store pricing may vary from prices on our Sites.

18. Contact Details

  1. The contact details contained in Your Account will be regarded for all purposes as the legal address where legal and other notices and statements can be delivered to You (“Notice Address”).
  2. Your contact details include a cellular phone number, physical address, and email address.
  3. You may change Your contact details by visiting the My Account section of the Sites or by emailing help@onecart.co.za.
  4. We choose the following address as Our address for legal notices: Massmart Head Office, 1st Floor, 16 Peltier Drive, Sunninghill 2157.
  5. Any communications in connection with this Agreement must be sent via email to the email addresses referred to in this clause 18. For delivery of the legal process, You must use our physical address set out in this clause 18. OneCart will serve the legal process to You at the physical address in Your Account.
  6. Any notice or communication required or permitted to be given in respect of the provisions of this Agreement will be valid and effective if sent to Your Notice Address.
  7. Any notice sent by prepaid registered post will be deemed to have been received on the 5th (fifth) Business Day after posting, or sent by ordinary mail will be deemed to have been received on the 7th (seventh) Business Day after posting, or delivered by hand will be deemed to have been received on the day of delivery, or sent by email will be deemed to have been received on the 1st (first) Business Day after the date it was sent
  8. A written notice or communication which is actually received by You will be an adequate written notice or communication to You.

19. Disclaimer and Indemnity

  1. You understand and agree that We provide an online marketplace for the purchase of Products from Sellers. We are in no way responsible for the following which is a non-exhaustive list:
    1. Your choice of a Product;
    2. Any aspect of the provision of the Products;
    3. Any lost, damaged, delayed, incorrect or incomplete orders for any reason whatsoever
    4. Refund payment for any Product;
    5. Any compliance for or about any Product;
    6. Your use of, or reliance upon the Sites and/or the Services;
    7. Your inability to use the Services;
    8. Your use of the purchased Products;
    9. Any failure of any technical element relating to the Sites and orders that may result in a discount not being successfully redeemed;
    10. Unlawful activity on the Sites and/or any linked third-party application or website;
    11. Any act, neglect, or default of Yours in connection with this agreement or Your use of the Services;
    12. Your breach of these Terms or any agreement with a Seller;
    13. Your failure to comply with any law;
    14. A contractual claim arising from Your use of the Services.
  2. You use our Sites and the Services at Your own risk and You assume full responsibility for any risk or loss resulting from the use of the Sites and/or the Services or reliance on any information on the Sites.
  3. OneCart does not guarantee the suitability and ability of Sellers.
  4. Neither OneCart, nor any officer, director, employee, shareholder, or agent of OneCart shall be liable to the User or any third-party for any claims relating to the purchase, sale, delivery, and/or consumption of the Goods or any consequences which may result thereof. Please read any warranty documents that may come with the Products so that You understand the terms and conditions thereof.
  5. OneCart shall not be liable to You or any third party for any loss or damage of whatsoever nature in the event that You request that an order is stopped or canceled.
  6. You agree to indemnify and hold OneCart its officers, directors, employees, and agents harmless from any and all loss, liability, claim, costs, charges, damages, and outgoings of every description (including legal costs and expenses), the compensation payable under contracts, loss of normal operating profits, loss of revenue from related contracts and pure economic loss, tracing and collection charges, costs of investigation, interest, and penalties, which may be suffered and/or incurred by You or a third party arising out of or in connection with:

20. Disputes

  1. These Terms and/or any dispute arising from or in connection with these Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
  2. We offer the following process to help You resolve a complaint or dispute You may have with us.
  3. Any queries or complaints in relation to our Sites or Services can be submitted to Us by contacting Us using the information provided under "Contact Us" on our Sites or by contacting Us at hello@onecart.co.za.
  4. Without prejudice to Your rights in law, You are required to first approach Us with any complaint or dispute and afford Us an opportunity to resolve a complaint before You approach any relevant authority, court, or other dispute resolution body, or refer the matter to arbitration.
  5. Please direct all legal disputes to hello@onecart.co.za. Your complaint should include the following
    1. Your name and surname;
    2. The date on which the complaint arose;
    3. A brief description of what gave rise to the complaint;
    4. The amount in dispute (if applicable); and
    5. Supporting information or documentation, if any.
  6. You must please ensure that You receive a reference number for the complaint as well as a formal acknowledgment notification.
  7. In the event of any dispute which remains unresolved, You hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Johannesburg), having jurisdiction, notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
  8. Nothing in this clause or the Terms limits Your right to approach any court, tribunal, or forum of competent jurisdiction in terms of the CPA.

21. General

  1. The Terms constitute the sole record of the agreement between You and OneCart in relation to the subject matter hereof.
  2. If any term or provision of these Terms is at any time held by any jurisdiction to be void, invalid, or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these Terms.
  3. No indulgence, leniency, relaxation, waiver or extension of time which We may grant You, in the event of claims and/or disputes arising, will in any way whatsoever prejudice Us or preclude Us from exercising our rights in terms of these Terms and neither will it constitute a waiver or limitation of any of our rights.
  4. In the event that You commit any breach of the Terms or in the event that We are required to take any legal action, You agree and undertake to pay our legal costs as between attorney and own client
  5. We shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Terms without further notice to You.
  6. All provisions of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other.
  7. While We have in the drafting of these Terms used our best endeavors in order to comply with all applicable laws, to the extent that these Terms may require amendment in order to comply with any particular law, You hereby agree to such amendment which will be posted on the Sites.