1. About these terms
These terms apply to every auction on ogga.co.za, run by Online Golf & General Auctions (Pty) Ltd ("OGGA", "we", "us"). By registering an account or placing a bid you agree to them. Please read them together with our privacy policy.
Auctions are conducted in line with section 45 of the Consumer Protection Act 68 of 2008 and its regulations. Nothing in these terms limits any right you have under that Act or any other law that cannot be excluded.
2. Your account
- You must be at least 18 years old and able to enter into a binding contract.
- Give us accurate details, keep them up to date and keep your password private. You are responsible for every bid placed from your account.
- You must verify your email address before you can sign in.
- Before you can bid you must give us your residential address, which we use to verify your identity. We may ask for further proof of identity.
- One account per person. OGGA staff accounts cannot bid.
- We may suspend or close an account that breaks these terms, is used fraudulently or has unpaid invoices.
3. The goods
- OGGA sells the lots as their owner. Most golf lots are new; the condition of every lot is shown on its page.
- Photos show the actual item and descriptions are given in good faith. Please read them carefully and ask us before bidding if anything is unclear.
- We may correct a description, withdraw a lot or cancel an auction at any time before a lot is sold, for example if an item is damaged or a description is wrong.
4. How the auction works
- Auctions are timed and run online. Each lot shows its starting bid, bid increment and closing time. All times are South African time and our server clock is decisive.
- A valid bid is at least the minimum next bid shown on the lot: the current bid plus the increment, or the starting bid if there are no bids yet.
- Bids are binding offers to buy and cannot be withdrawn once accepted.
- A bid accepted in the last 2 minutes before a lot closes extends that lot's closing time to 2 minutes after the bid, as often as this happens.
- A lot may have a confidential reserve price. It sells only if the highest bid reaches the reserve, or if we choose to accept a lower highest bid after the lot closes.
- A lot may have a Buy now price. Choosing Buy now is a binding purchase at that price and ends bidding on the lot. Buy now falls away once bidding passes that price.
- Neither OGGA nor anyone on its behalf bids on any lot. We do not use vendor bids to raise prices.
- When a lot closes, the highest valid bid that meets any reserve wins, and a contract of sale is concluded at that price.
- We may refuse or cancel a bid that results from an obvious error, a technical fault or suspected fraud. If a fault affects bidding on a lot, we may extend, re-run or cancel the sale of that lot.
5. Prices, invoices and payment
- All amounts are in South African rand and include VAT where VAT applies.
- When the auction closes we issue one invoice for all the lots you won in it, showing the winning bids and, if you choose courier delivery, the courier fee.
- Pay in full within 3 working days of the auction closing, on your invoice page at ogga.co.za by card or EFT through Paystack, or as otherwise agreed with us in writing. The due date is on your invoice.
- Ownership of a lot passes to you once we have received full payment for it.
6. Non-payment
If an invoice is not paid by its due date we may cancel the sale of the lots on it, offer them to the next highest bidder or sell them again, and suspend your account. Repeated non-payment leads to suspension. A suspended account cannot bid.
7. Delivery and collection
- Courier delivery is available anywhere in South Africa for the fee shown on your invoice. See shipping and collection.
- Where collection is offered, you may collect free of charge from our premises in Potchefstroom at the times we publish.
- We dispatch after payment has cleared. Risk in a lot passes to you when it is delivered to you or collected.
8. Returns and problems
- Because goods are sold by auction, the cooling-off right in section 44 of the Electronic Communications and Transactions Act does not apply (section 42(2) of that Act).
- If a lot arrives damaged, defective or materially different from its description, contact us within 7 days of receiving it. Where the Consumer Protection Act entitles you to a repair, replacement or refund, we will provide it.
- A change of mind is not a reason to cancel a winning bid or return a lot.
9. Our liability
To the extent the law allows, our liability for any claim about a lot is limited to the price you paid for that lot, and we are not liable for indirect or consequential loss. We are not responsible for losses caused by your internet connection, device or events beyond our reasonable control.
10. Changes and general
- We may update these terms. The version in force when you place a bid applies to that bid.
- These terms are governed by the law of the Republic of South Africa.
- If any part of these terms is found invalid, the rest remains in force.
- Questions? Contact us.