ELEGANTLY DEVIOUS
Seller Agreement
Last Updated: 3 March 2026
1. Introduction
1.1 This Seller Agreement ("Agreement") governs the relationship between the Seller ("you") and Elegantly Devious ("ED", "we", "us", or "our").
1.2 By registering as a Seller on www.elegantly-devious.co.za, you agree to be legally bound by this Agreement.
1.3 ED operates as a curated online marketplace facilitating transactions between independent Sellers and Buyers. ED is not the owner, manufacturer, or supplier of the products listed by Sellers.
2. Nature of the Platform
2.1 ED provides listing functionality, payment processing facilitation, transaction monitoring, delivery confirmation workflow, and seller payout processing.
2.2 ED acts as a transaction facilitator only.
2.3 ED does not take ownership of goods, store goods, inspect goods, or guarantee quality or legality of goods.
2.4 Payments are received by ED as part of the transaction facilitation process and are released to Sellers only after delivery confirmation as defined in this Agreement.
3. Seller Eligibility & Verification
3.1 Sellers must be at least 18 years old, legally capable of entering into binding agreements, and in lawful possession of the items they list.
3.2 ED may require identity verification, submission of a valid South African ID, and proof of bank account ownership.
3.3 ED reserves the right to suspend or terminate accounts if verification is incomplete or fraudulent.
4. Seller Responsibilities
4.1 You are solely responsible for the accuracy of your listings, product descriptions, images, pricing, and compliance with South African law.
4.2 You warrant that all items are lawfully owned by you, not stolen or counterfeit, do not violate any laws, and do not infringe intellectual property rights.
4.3 You agree not to circumvent the ED payment system, request off-platform payments, engage in fraudulent behaviour, or misrepresent items.
4.4 Sellers acknowledge that this platform operates within a monitored and compliance-based framework. Sellers warrant that they will not engage in conduct that may expose ED to financial, regulatory, reputational, or payment processing risk.
5. VAT & Tax Compliance
5.1 ED is not currently VAT registered.
5.2 During registration, Sellers may indicate whether they are VAT registered.
5.3 If you declare that you are VAT registered, you remain solely responsible for issuing any required tax invoices and declaring and paying VAT to SARS.
5.4 ED does not add VAT to buyer invoices on behalf of Sellers.
5.5 ED does not calculate, deduct, or remit VAT on behalf of Sellers.
5.6 Sellers are solely responsible for all income tax, VAT, and other tax obligations arising from sales made on the platform.
6. Payments & Payouts
6.1 Buyers pay ED via approved payment gateways.
6.2 ED receives payment as part of the transaction facilitation process.
6.3 Payout to Sellers will occur only after confirmed payment receipt and the order has been marked as “Collected” in ED’s system, followed by expiry of the 24-hour Buyer dispute period without a valid dispute being lodged.6.4 Delivery confirmation is defined as buyer confirmation via the platform, courier delivery confirmation where applicable, or expiry of the dispute period without a valid dispute being lodged.
6.5 ED deducts platform commission, payment processing fees, and any applicable administrative fees prior to payout.
6.6 ED does not hold funds in escrow on behalf of Sellers. Funds are processed as part of ED’s transaction workflow.
6.7 ED reserves the right to delay, withhold, or reverse payouts where fraud is suspected, a dispute is active, a chargeback is initiated, payment processor review is ongoing, or regulatory compliance requires additional verification.
6.8 ED may implement temporary payout holds, rolling reserves, or extended verification periods where required by payment processors, fraud monitoring systems, banking institutions, or legal obligations.
6.9 Orders marked as “Collected” enter a 24-hour Buyer dispute period. Orders become eligible for payout only after the dispute period has expired without a valid dispute being lodged.
6.10 Seller payouts are processed on a scheduled payout cycle. Eligibility for payout does not guarantee immediate payment and remains subject to administrative processing timelines.7. Shipping & Delivery
7.1 Sellers are responsible for proper packaging, accurate shipment, and using approved courier methods where required.
7.2 Tracking details must be uploaded where applicable.
7.3 ED is not liable for courier delays, lost parcels, or courier damages.
7.4 Sellers accept the inherent risk of physical goods delivery.
8. Disputes
8.1 Buyers may lodge disputes within the timeframe specified on the platform.
8.2 ED may request evidence from both parties, temporarily withhold payout, and make a final determination at its sole discretion.
8.3 ED’s decision regarding dispute resolution is final.
9. Prohibited Items
9.1 Sellers may not list illegal items, stolen goods, minors’ content, non-consensual content, or items violating South African law.
9.2 ED reserves the right to remove listings without notice.
10. Fraud & Chargebacks
10.1 Sellers acknowledge that payment gateways may reverse payments in the case of fraud or chargebacks.
10.2 If a chargeback occurs after payout, ED reserves the right to recover funds from the Seller, deduct from future payouts, or suspend the Seller account.
10.3 Sellers accept full financial responsibility for chargebacks, fraudulent transactions, unauthorized payment claims, or misrepresentation relating to their listings.
10.4 ED reserves the right to recover any losses, penalties, gateway fees, legal costs, or administrative costs arising from such chargebacks directly from the Seller.
10.5 ED may retain funds, apply rolling reserves, or offset future payouts to recover losses.
11. Limitation of Liability
11.1 ED provides the platform "as is."
11.2 ED shall not be liable for loss of profits, indirect damages, courier losses, buyer misuse, or seller misconduct.
11.3 Sellers indemnify ED against claims arising from their listings, conduct, legal violations, or tax non-compliance.
12. Account Suspension & Termination
12.1 ED may suspend or terminate accounts for fraud, misrepresentation, policy violations, or legal risk.
12.2 Upon termination, outstanding disputes must be resolved before any remaining payout is processed.
13. Data & Privacy (POPIA)
13.1 Sellers agree to comply with POPIA.
13.2 Seller information is processed in accordance with ED’s Privacy Policy.
13.3 Sellers may not misuse buyer data for unsolicited marketing or harassment.
14. Platform Compliance & Risk Protection
14.1 Sellers acknowledge that ED may implement additional verification, monitoring, reporting, or compliance measures to satisfy payment gateway, banking, regulatory, or legal requirements.
14.2 ED reserves the right to suspend listings, delay payouts, request documentation, or terminate accounts where regulatory, payment processor, or compliance risk is identified.
14.3 Sellers agree to cooperate fully with any compliance review, identity verification, or dispute investigation.
15. Governing Law
15.1 This Agreement is governed by the laws of the Republic of South Africa.
15.2 Disputes shall be resolved through mediation first, arbitration if necessary, and legal proceedings only as a final resort.
16. Amendments
16.1 ED reserves the right to update this Agreement at any time.
16.2 Continued use of the platform constitutes acceptance of updated terms.