Definitions
- “SA Fashion Mall”, “SAFM”, “we”, “us”, “our” — SA Fashion Mall (Pty) Ltd, a company incorporated in the Republic of South Africa (company registration number 2026/582100/07).
- “Platform” — the SA Fashion Mall website (safashionmall.co.za) and any related applications, APIs and services we operate.
- “Seller” — an approved vendor, tailor or fabric mill listing goods or accepting custom-order commissions through the Platform.
- “Buyer”, “you” — a natural or juristic person browsing or purchasing through the Platform.
- “Custom Order” — a made-to-measure garment produced by a tailor to a Buyer’s specifications (measurements, materials, brief).
- “Escrow” — funds paid by a Buyer that are held by SAFM (as intermediary) and only released to the Seller on delivery confirmation, dispute resolution, or expiry of the confirmation window.
The marketplace model
SA Fashion Mall operates a curated online marketplace. We connect verified South African fashion designers, independent tailors and textile mills with retail and wholesale Buyers. SAFM is an intermediary and technology provider only. The contract of sale for any garment or fabric roll is between the Buyer and the Seller. The Seller is the merchant of record for the goods, is responsible for their manufacture, quality, packaging and dispatch, and is the party liable for the goods under the CPA in the first instance.
SAFM’s role is limited to: (a) hosting listings and processing payments through our secure third-party payment processor; (b) holding funds in Escrow until delivery confirmation; (c) providing dispute resolution and mediation; (d) verifying Sellers via CIPC and KYC checks before onboarding; and (e) enforcing platform-wide standards of conduct.
Accounts & registration
- Public registration is open to Buyers (Customer role) and Sellers (Vendor, Tailor and Fabric_Factory roles). Attempting to register as an Admin through public endpoints is rejected with HTTP 400 and logged.
- You must supply accurate, current information and keep it up to date. Providing false information (including a false identity, address or bank account) is a material breach of these terms.
- Sellers must additionally submit CIPC company registration, a South African director ID or valid passport, a studio-tour video, banking details and portfolio evidence. Approval is at our sole discretion and typically takes 3–5 business days.
- You are responsible for keeping your password confidential. Any activity under your account is deemed to be your activity.
- Two-factor authentication (2FA) is available for all roles and mandatory for Admin accounts.
Pricing, VAT & currency
- All prices are quoted in South African Rand (ZAR) and displayed with the “R” symbol.
- Prices shown on product pages include Value Added Tax (VAT) where the Seller is a registered VAT vendor. Sellers who are not VAT-registered display VAT-exempt prices.
- Shipping fees (local and national) are set per product by each Seller and are shown separately at checkout before payment.
- The price displayed at the point of adding to cart is the price you pay. If a listing carries a stock-keeping or pricing error and the error is material, we may cancel the affected order pre-shipment and refund in full (see the Refunds & Returns Policy).
Ordering, acceptance & payment
Placing items in your cart is an invitation to treat. Clicking “Pay now” and completing the secure checkout is your offer. The Seller’s dispatch of the goods (or, for custom orders, the Buyer’s acceptance of the tailor’s quote) is our acceptance of that offer, at which point a contract of sale is concluded between Buyer and Seller.
All payments are processed by our secure third-party payment processor, a licensed South African payment services provider. SAFM never receives raw card numbers, CVV codes or online-banking credentials. Supported payment methods include Instant EFT, Visa, Mastercard, Capitec Pay, Apple Pay, Zapper, SnapScan and Mobicred.
A minimum order value of R150 applies to every checkout (calculated on the discounted product subtotal, excluding shipping). Checkouts below this threshold return an error at the payment step.
Escrow protection
Every Buyer payment is held by SAFM in an escrow ledger row until one of the following events occurs:
- The Buyer confirms delivery on the order page — funds release immediately to the Seller’s pending payout balance.
- SA Fashion Mall reviews the delivery event and releases the funds to the Seller.
- An SAFM administrator resolves an open dispute in the Seller’s favour — funds release with an audit-logged decision.
While funds are held in Escrow, they are ring-fenced from the Seller’s withdrawable balance. The Seller can see the incoming sale but cannot cash it out. Full escrow mechanics are on the Escrow Protection Policy. Refund conditions are on the Refunds & Returns Policy.
Custom orders & materials advance
A tailor may quote a made-to-measure Custom Order with an optional materials advance of between 0% and 40% of the quote value. If the Buyer accepts, the advance portion is released to the tailor upon payment (to fund fabric and materials); the remainder stays in Escrow until delivery. Every advance is disclosed on the quote before the Buyer accepts.
Because Custom Garments are manufactured to individual body measurements and fabrics are cut to specified lengths, these items constitute goods made to the Buyer's specifications. In accordance with section 42(2)(f)(i) of the Electronic Communications and Transactions Act 25 of 2002, such transactions are exempt from the 7-day cooling-off right in section 44 of that Act. This does not affect a Buyer's rights in respect of defective goods under the Consumer Protection Act 68 of 2008. See the Refunds & Returns Policy for the remedies that still apply (defective workmanship, non-conformity, non-delivery).
Platform role & dispute review
The contract of sale on every order is between the Buyer and the Seller. SA Fashion Mall (Pty) Ltd is the platform — we host the listings, hold every buyer payment in secure escrow, and review disputes as a neutral third party. We are not a party to the underlying sale.
Where the parties disagree — for example, on whether a cancellation is available at a given production stage, on whether goods conform to the agreed brief, or on the amount of any partial refund — either party may open a dispute from the order page. Escrowed funds stay held until the dispute is resolved.
SAFM reviews evidence from both sides (the original order brief, agreed measurements, photographs, order-chat history, courier tracking, and any invoices) and decides on the merits. Depending on what the evidence shows, outcomes may include a full refund to the Buyer, a partial refund reflecting work already done or materials reasonably incurred by the Seller, or release of the held funds to the Seller. Decisions are made impartially; neither buyers nor sellers are favoured by default. Both parties receive a written explanation of the outcome in the order chat and by email; a senior team member re-reviews on request within 3 business days. Disputes are evidence-based and subject to the fair-use standards set out in our Refunds & Returns Policy §10.
Full cancellation-stage matrix and worked examples are set out in the Cancellation Policy. Refund conditions and statutory-remedy details are in the Refunds & Returns Policy.
Platform commission
- SAFM charges a flat 15% platform commission on every sale — garments, fabric orders, and custom-order commissions alike. Sellers receive 85% of the product subtotal, plus 100% of any shipping fee they charged.
- Commission is deducted at the moment of escrow release. Sellers see the gross amount, the commission and the net payout on every order page.
- Sellers keep 100% of the shipping fee they set on their listings — SAFM does not take a cut of shipping.
- Payouts are batched and paid to the Seller’s registered SA bank account weekly (Fridays), 5 business days after the corresponding escrow release.
Seller obligations
- Sellers are additionally bound by the SA Fashion Mall Seller Agreement (available at safashionmall.co.za/seller-agreement) — the standard commercial agreement governing the platform / seller relationship. It is accepted electronically at onboarding.
- Trade under a valid CIPC-registered legal entity or sole proprietorship, with matching bank details.
- List goods truthfully — accurate photographs, honest descriptions, correct stock counts and realistic dispatch timelines.
- Fulfil orders and dispatch parcels within the timelines shown on the listing (typically 1–3 business days for in-stock, or the quoted lead time for custom orders).
- Choose and pay a reputable courier — use a tracked and insured courier service with signature-on-delivery. SAFM does not warehouse or dispatch on the Seller’s behalf.
- Upload tracking numbers and status updates so Buyers can follow their parcels.
- Respond to Buyer messages within 48 hours during business days.
- Not list counterfeit merchandise, IP-infringing designs, or goods prohibited under South African law (weapons, controlled substances, live animals, endangered-species products).
- Retain sales records for a minimum of 5 years for tax and CPA compliance.
Buyer obligations
- Provide accurate delivery details and be reachable on the phone number registered on your account.
- Pay for orders in full at checkout — partial payments and payment plans are not supported.
- Take reasonable steps to accept delivery (be available at the address on the courier’s attempted delivery date, or nominate a collection point).
- Confirm delivery on the order page once the parcel arrives in good order. Do not confirm delivery if there is a problem — open a dispute instead.
- For custom orders, provide a full, accurate set of measurements. Sizing inaccuracies caused by wrong measurements are the Buyer’s responsibility.
- Not use the Platform to place fraudulent orders or to abuse chargebacks. Fraudulent chargebacks may be defended by SAFM on the Seller’s behalf and are reported to the relevant authorities.
Prohibited conduct
- Automated scraping, crawling or bulk-downloading of listings without written permission.
- Brute-force login attempts, credential-stuffing, or interference with the Platform’s security controls.
- Abuse of the messaging or notification systems (spam, harassment, off-platform solicitation to circumvent escrow).
- Impersonation of another user, a Seller, an SAFM administrator or a third party.
- Circumventing the Platform to settle transactions off-platform — doing so voids escrow protection and is grounds for account suspension.
- Any activity that violates South African law, including the National Credit Act, the Films and Publications Act, or the Counterfeit Goods Act.
Intellectual property
All Platform code, design, editorial content, brand marks and layout are owned by SA Fashion Mall (Pty) Ltd or licensed to us. Listing photographs and product descriptions uploaded by a Seller remain the property of that Seller, who grants SAFM a non-exclusive, royalty-free, worldwide licence to display, market and reproduce that content on and off the Platform for marketing and promotional purposes (see § 8 of the ToS v2 Marketing Clause).
If you believe content on the Platform infringes your intellectual property, submit a takedown notice to legal@safashionmall.co.za with proof of ownership. We remove infringing content promptly and may suspend the offending Seller pending investigation.
Personal information
We process your personal information as described in the Privacy Policy. You have full POPIA rights: to be informed, to access, to correction and to deletion. Requests to privacy@safashionmall.co.za.
Termination & suspension
We may suspend or delete an account for material breach of these terms, effective immediately. On termination: (a) open escrow held on completed orders is released to the Buyer’s original payment method (refund) or to the Seller (payout) according to the state of each order at the moment of termination; (b) the Seller remains liable for any goods already dispatched and not yet delivered; and (c) the Buyer remains liable for any goods already delivered and not yet paid for. Accounts terminated for fraud are additionally reported to the payment processor and, where relevant, to law enforcement.
Limitation of liability
To the maximum extent permitted by South African law, SAFM’s total liability to you in any twelve-month period is capped at the total platform commission we have collected from your transactions during that period, or R5,000, whichever is greater. We are not liable for indirect, incidental, consequential, special or punitive damages, loss of profits, loss of business opportunity, or loss of data, even if we have been advised of the possibility of those damages.
Nothing in these terms limits or excludes any liability that cannot be limited or excluded under South African law (including the CPA), such as liability for gross negligence or wilful misconduct.
Dispute resolution & governing law
These terms are governed by the laws of the Republic of South Africa. Before litigation, the parties agree to attempt resolution through: (a) the built-in Platform dispute flow (see the Refunds & Returns Policy); and (b) if unresolved, an informal negotiation initiated by written notice to legal@safashionmall.co.za. If negotiation fails within 30 days, either party may refer the dispute to arbitration under the AFSA rules seated in Cape Town, or to the Western Cape High Court in the first instance.
Consumers retain their statutory right to lodge complaints with the National Consumer Commission or the Information Regulator (South Africa).
Changes to these terms
We may amend these terms from time to time. Material changes trigger an in-app notification and an updated “Last updated” date at the top of this page. Sellers must re-accept the terms on the next dashboard load whenever the version number is incremented; Buyers signal continued acceptance by continuing to use the Platform.
Company information (ECTA s43 disclosure)
In compliance with section 43 of the Electronic Communications and Transactions Act 25 of 2002 (ECTA), the following disclosures are provided:
- Full legal name: SA Fashion Mall (Pty) Ltd
- Registered address: Cape Town, South Africa (online-only marketplace — no walk-in premises)
- Physical business address: Cape Town, South Africa (online-only marketplace — no walk-in premises)
- Company registration number: 2026/582100/07
- VAT registration number: Not currently VAT-registered
- Directors: Michael Jerome
- Website: https://safashionmall.co.za
- General contact: hello@safashionmall.co.za
- Support: support@safashionmall.co.za · WhatsApp Business (number shown in the site footer)
- Legal & IP notices: legal@safashionmall.co.za
- Privacy & POPIA requests: privacy@safashionmall.co.za
- Information Officer: Michael Jerome (privacy@safashionmall.co.za)
- Membership of alternative dispute-resolution scheme: Arbitration Foundation of Southern Africa (AFSA)
- Payment processing: performed by a licensed South African payment services provider
Buyers may cancel a purchase at any time before dispatch (see the Cancellation Policy), and may exercise their 7-day cooling-off right on non-custom online purchases under section 44 of ECTA (see the Refunds & Returns Policy).
Related policies
- Seller Agreement — /seller-agreement
- Escrow Protection Policy — /escrow-terms
- Refunds & Returns Policy — /refund-policy
- Cancellation Policy — /cancellation-policy
- Delivery & Shipping Policy — /delivery-policy
- Privacy Policy — /privacy
- Vendor Guidelines — /vendor-guidelines
