Selling on Kalahari Fresh

Kalahari Fresh is a unique grocery marketplace created for Sellers and Buyers. Buyers are driven to visit the Kalahari Fresh Platform due to its innovative way of doing business.
Sellers must have a minimum of 6 different Products to sell through the Kalahari Fresh Platform. You may post a description and photographs of your Products. You may set your own selling policy (“Store Policy”), provided that you comply with our minimum sales and return policies.

By selling through the Kalahari Fresh Platform as a Seller, you understand, acknowledge and agree that you will:

  1. Provide honest, accurate, and up-to-date information in your About page.
  2. Only list Products and conduct sales transactions for Products that you are legally able to sell.
  3. Honor your Store Policies and represent your Products in listings and photos accurately.
  4. Respect the intellectual property of others. You may not sell any Products that feature anyone else’s trademark, logo, or name unless you have received written consent from the owner of such rights. If you feel someone has violated your intellectual property rights, you can report it to Kalahari Fresh.
  5. Not create multiple accounts and/or duplicate stores. Users are prohibited from sharing accounts, or using another User's account without permission.
  6. Be responsible for the safe delivery of the Products you sell.
  7. Comply with all applicable laws, rules and regulations (local, national, and international) and be held solely liable for violation of any such laws, rules or regulations.
  8. Not complete or attempt to complete a sale of a Product to any Buyer outside of the Kalahari Fresh Platform which is intended to or results in your circumventing payment of our commission, the transaction service fee, or any other fees for which you are responsible.
  9. Be solely responsible for collecting and remitting any and all taxes applicable to any sales you make on the Kalahari Fresh Platform.
  10. Be at least 18 years of age or older and capable of creating a legally binding Contract between you and your Buyers.
  11. We believe in having relationships that benefit both sellers and our site. If at any given moment Kalahari Fresh deems a seller as negatively impacting our site we reserve the right to remove a seller's store and their respective products.

By posting any Content to the Kalahari Fresh Platform, you warrant that:

  1. You own the Content, including all photographs, or you have the rights or permission to use the Content and photographs; and
  2. You understand that, as stated in the Agreement, Kalahari Fresh has license to use any Content and photographs you post to the Kalahari Fresh Platform for any purpose whatsoever.



Transactions with Buyers.

For transactions with Buyers, you acknowledge and agree that Kalahari Fresh will receive a eight percent (8%) commission plus a three percent (3%) transaction service fee based on the total gross sale amount of each transaction completed between you and any Buyer.  Our commission and the transaction service fee are deducted from the transaction purchase price immediately upon the release to you of the purchase price paid to us by the Buyer.



Kalahari Fresh Instant 24 hour Shipping

Items in stock are shipped within 24 hours, excluding weekends and holidays. If you flag your product as instant delivery it must be shipped within 6 hours of being ordered. There are no exceptions.

The penalties for not shipping in time can be any of the following

  1. Suspension of store and account
  2. Internal review by our Kalahari Fresh support team
  3. Negative Ratings given to the store
  4. Seller is Liable for a full refund. Even if the product is shipped and received at the correct date.
  5. The 24 Hour Turnaround Guarantee does not cover shipping carrier delays in picking up orders for shipment or in delivering orders.



Chargebacks

You will be fully responsible for any and all chargebacks from Buyers. A chargeback occurs when a Buyer disputes a charge with his or her credit card company for the purchase of any Products, and the credit card company reverses the payment to us. You authorize us to charge the credit card we have on file for you for the amount of any chargeback we receive. If there are not sufficient funds available on your credit card, you authorize us to debit the bank account you provided to us when you set up your account with us.

We will notify you of any chargebacks we receive, and you will fully cooperate with us in order to provide us with information and documentation to respond to the credit card company request in a timely manner.

In order to protect yourself against chargebacks, we require that you do the following:

  1. Ship Products using ONLY trackable methods, signature required
  2. Provide all tracking numbers on the Kalahari Fresh Platform
  3. Communicate frequently with your Buyers to update them on the status of their order, the shipping tracking number, and expected shipping date
  4. Photograph all Products you ship prior to packaging them, and carefully document the tracking numbers for all Products you ship
  5. Communicate with your Buyers through Kalahari Fresh Messaging Platformto indicate when a Product order has been confirmed, shipped, and received
  6. Follow up with your Buyers after your records show that a Product has been received to confirm that the Buyer is satisfied with the Product
  7. When a Product is returned, require that the Buyer return it with a trackable method and that the Buyer provide the tracking number to you

The following are some helpful tips in preventing fraudulent purchases:

  1. Use extra scrutiny for “big ticket’ items and require that Buyers insure such items during shipping
  2. Do NOT ship to any address other than the Buyer’s verified address, even if a Buyer asks you to do so
  3. Do NOT ship to any name other than the Buyer’s name
  4. Be careful of unusually large bulk orders
  5. Do NOT ship to any foreign country



Prohibited Items

At Kalahari Fresh, we strive to maintain a professional environment where all members leave with a positive user experience and to ensure upmost customer satisfaction; we have made certain items prohibited which will be strictly enforced. Prohibited items include, but are not limited to:

  • Products containing hate speech of ANY kind
  • Products containing racial slurs or attacks
  • Products that defame or demean ANY religion or religious belief
  • Products containing attacks on LGBT & any other protected minority group
  • Firearms
  • Explosives
  • Dangerous chemicals
  • Any item that which in whole or in part is subject to a recall
  • Stolen items
  • Fireworks
  • Adult material, erotica, or pornography inclusive of any material unsuitable for children under the age of 18.
  • Drugs
  • Mass produced electronics
  • Protected antiquities
  • Real estate
  • Ivory or animal products from endangered species collected illegally
  • Motor vehicles, or parts for motor vehicles or recreational vehicles
  • Any Product that violates applicable local, state, federal, or international law in regard to manufacturing, distributing, advertising, or transporting said item.
  • Products not in your possession or control, or Products that you don't intend to deliver
  • Illegal, counterfeit or contraband Products of any sort
  • Products that infringe the copyright, trademark, patent, design right, or any other right of another party
  • Products that contain an image, name, or likeness of another person without that person’s written consent
  • Pirated materials
  • Replica items, including designer items
  • Personal data or information
  • Products that carry or transmit hidden code or signals with the intention of causing harm or tracking personal or transactional information of any sort
  • Misrepresented Products
  • Harmful, harassing, intimidating or defamatory Products
  • Hazardous materials
  • Mature items intended for adults due to language or imagery that falls outside of the traditional acceptable standards for broadcast television that are not properly identified as "mature" in the listing process
  • Any Product that we determine to be inappropriate, harmful, fraudulent, or illegal or in violation of any of our terms, agreements, or policies 

Please be aware that any Users may flag listings that appear to violate our policies for our review. We may remove any listings at our sole discretion, including those that that violate our terms, agreements, or policies, and we may also suspend or terminate your account for any violations.



Customer Service

We expect all of our Sellers to provide an exceptional level of customer service. By selling on Kalahari Fresh, you agree to:

  1. Honour your shipping and processing times. Sellers are obligated to ship an item or otherwise complete a transaction with a Buyer in a timely manner, unless there is an extenuating circumstance beyond your control.
  2. Respond to Kalahari Fresh Messaging Platformin a timely manner.
  3. Honour your Store Policy.
  4. Resolve disagreements or disputes directly with the Buyer. In the unlikely event that you cannot reach a resolution, our support team may agree to mediate between both parties to resolve the matters as efficiently as possible, but we have no obligation to do so. 
  5. If you are unable to complete an order, you must notify the Buyer and cancel the order through the Kalahari Fresh Platform.



Reviews

We expect the best from our Sellers and closely monitor customer satisfaction with our reviews system. Reviews are a direct representation of how our Users do business and will likely be a determining factor for Buyers. Buyers can leave a review with a one to five-star rating and a photograph of their purchase within 60 days after the delivery of a Product.  Buyers can edit their review, including the photograph, any number of times during that 60-day period.

In the instance you receive an unfavourable review, you can reach out to the Buyer or, if the review is less than 3 stars, leave a response.
Reviews and your response to reviews may not:

  1. Contain private information;
  2. Contain obscene, racist, or harassing language or imagery;
  3. Contain prohibited medical drug claims;
  4. Contain advertising or spam;
  5. Be about things outside the Seller’s control, such as a shipping carrier, Kalahari Fresh or a third party; or
  6. Undermine the integrity of the Reviews system.



Extortion

Extortion is not allowed on Kalahari Fresh. Any attempt to manipulate reviews through threats, intimidation, or bribery is considered extortion and is strictly prohibited. Extortion includes, but is not limited to, situations where a Seller offers a Buyer additional goods, services, or compensation in exchange for a positive review.



Shilling

Shilling is strictly prohibited on the Kalahari Fresh Platform. Shilling is the fraudulent inflation of a Seller’s reputation by use of an alternate account. The intent of shilling is to make a Seller look more desirable by increasing the Seller’s number of sales and overall review score. Not only does it violate our core value of transparency, but it is considered to be a deceptive business practice by the Authorities of Botswana. Reviews must reflect the honest, unbiased opinions, findings, beliefs, or experience of the Buyer.



Returns and Exchanges

Kalahari Fresh is a place where customer service is a priority and because of this, we have decided to use a unified return policy. All Kalahari Fresh Sellers are expected to provide clear return policies within their Store Policy, which must include, at a minimum:

  1. Application of the Kalahari Fresh Returns and Refund Policy.
  2. Whether the Buyer is responsible for return shipping costs.
  3. Expectations of the Product’s condition to ensure that the Product a Buyer is returning is repackaged with all the tags and documentation included.

You may include other return policies, but you must, at a minimum, provide the foregoing policies.

There are some items that are ineligible for return, including:

  1.  Custom made orders/ Made to order
  2. Products not in the original packaging and/or in sellable condition
  3. Underwear
  4. Products that have been purchased in person and not through the Kalahari Fresh Platform
  5. Intangible Products, services, or prohibited Products
  6. Transactions where payment is not made through Kalahari Fresh’s payment platform
  7. Products that are returned without a return agreement
  8. Products that have been altered, used, worn, or washed after receiving them
  9. Products that have been destroyed or discarded by the Buyer
  10. Products that are received after the agreed-upon delivery date due to shipping delays beyond the Seller’s control
  11. Cancelled transactions that have already resulted in a refund to the Buyer

You are required to fulfill the return policies listed above, or agreed upon via direct message with the Buyer. This may include:

  1. Issuing a refund for the returned Product
  2. Providing Kalahari Fresh with proof of shipping for a replacement Product

If you have a problem with a transaction, please contact the Buyer in a direct message first through Kalahari Fresh Messaging Platform. Buyers are also encouraged to contact you through Kalahari Fresh Messaging Platformif they experience any issues as well.



Cancellations

If you are unable to complete a transaction, you must notify the Buyer immediately via Kalahari Fresh Messaging Platformand cancel the transaction. If the Buyer already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises.
You may cancel a transaction under the following circumstances:

  1. The Buyer did not pay. (You may flag a Buyer for a payment not received, chargeback, or cancelled payment.)
  2. Both you and the Buyer agree to cancel the transaction prior to shipment, and you have issued the Buyer a full refund.
  3. You have decided to refuse service to the Buyer, and if the Buyer has already paid, you have issued a full refund, including shipping and any taxes collected.
  4. The Buyer did not receive the Product ordered, even though you provided proof of shipping, and you have issued a refund for the Product. (Refunding shipping is optional.)
  5. Both you and the Buyer agreed that the Buyer could return the Product for a refund, you have received the returned Product and issued a refund to the buyer for the Product.



Disputes

We believe that most disputes between a Buyer and Seller can be resolved quickly. Before you or a Buyer file a dispute with us, we ask that you and the Buyer contact each other to attempt to resolve any outstanding issues in good faith. If any dispute arises between you and any Buyer relating, and after undertaking direct negotiations with the Buyer in good faith, you have not been able to resolve the dispute within fifteen (15) days from the date that the dispute arose, you may file a dispute with us. Under most circumstances, we will attempt to mediate the dispute, but we have no obligation to do so.
You acknowledge that all transactions with a Buyer are your sole responsibility, and we are not a party to any such transactions. If you are unable to resolve the dispute with the Buyer, your only remedy may be to bring a legal claim against the Buyer. You acknowledge that we will not be a party to any such legal proceedings, but we will honour any and all court orders or final judgments issued in such proceedings.
We have the right to hold all monies involved in connection with the disputed transaction until we receive either (a) a statement by both Buyer and Seller that the dispute has been resolved or (b) a court order.

You specifically acknowledge and agree that we shall have no liability to you or any third party in relation to any dispute between you and any User of the Kalahari Fresh Platform.



Issues with a Transaction

The most common issues with a transaction are Non-Delivery or Not-as-Described.   



Non-Delivery

A Non-Delivery occurs when a Buyer places an order and submits payment, but does not receive the Product ordered. The following are examples of Non-Delivery cases:

  1. A Product was never sent.
  2. A Product was sent to an address that is different from the address provided by the Buyer or was not verified through Kalahari Fresh Messaging Platform.
  3. There is no proof that the Product was shipped to the Buyer’s address.

Not-as-Described

A Product is Not-as-Described if it is materially different from the Seller’s listing description and/or photos. Here are a few examples of Not-as-Described cases:

  1. The Product received is a materially different colour, model, version, or size.
  2. The Product has a different design, fabrication, or material.
  3. The Product was advertised as authentic but is not authentic.
  4. The Seller failed to disclose the fact that a Product is damaged or is missing parts.
  5. The wrong quantity of Products is shipped.
  6. The condition of the Product is misrepresented. For example, the description at the time of purchase said the Product was “new”, but the Product is used.

Not-as-Described cases can also be filed for late delivery of Products. In order to qualify as late delivery, the Buyer must provide proof that all of these conditions have been met:

  1. The Products were ordered for a specific date or event of which the Seller was aware; and
  2. A deadline was agreed upon by the Buyer and Seller; and
  3. The Products are rendered useless after that date or event.



Kalahari Fresh Messaging Platform

Kalahari Fresh Messaging Platformis a tool used by Buyers and Sellers to communicate with each other or with other Users directly through the Kalahari Fresh Platform.  Kalahari Fresh Messaging Platformis a great way to ask Sellers any questions you have about a Product or an order. Kalahari Fresh Messaging Platformmay not be used for the following activities:

  1. Sending unsolicited advertising or promotions, requests for donations, or spam;
  2. Harassing or abusing another User;
  3. Contacting a User after the User has explicitly asked you not to do so; or
  4. Interfering with a transaction or the business of another User.



Prohibited Activities

Interference

You will not engage in any interference. Interference occurs when a User intentionally interferes with another User’s store in order to drive away business. Interference is strictly prohibited.  Examples of interference include, but are not limited to:

  1. Contacting another User via Kalahari Fresh Messaging Platformto warn that User away from a particular Seller, store, or Product;
  2. Posting in public areas to demonstrate or discuss a dispute with another User;
  3. Purchasing from a Seller for the sole purpose of leaving a negative review; or
  4. Leaving an untrue or defamatory review of a Seller or a Product. 

Harassment

You will not engage in any harassing behaviour. Any use of Kalahari Fresh Messaging Platformor the Kalahari Fresh Platform to harass other Users, to support or glorify hatred toward, or otherwise demean people based upon race, ethnicity, religion, gender, gender identity, disability, or sexual orientation is strictly prohibited. If you receive an Kalahari Fresh Messaging Platformmessage that violates this Policy, please let us know right away.


Privacy and Protecting Personal Information

You are responsible for protecting members’ personal information you receive or process, and you must comply with all relevant legal requirements. This includes applicable data protection and privacy laws that govern the ways in which you can use Kalahari Fresh user information. These laws may require that you post and comply with your own privacy policy, which must be accessible to Kalahari Fresh users with whom you interact. Your privacy policy must be compatible with this policy and Kalahari Fresh’s Terms of Use and Privacy Policy.

In particular, when you sell using our Services (subject to this Policy) or use Kalahari Fresh’s API (also subject to the Kalahari Fresh API Terms of Use), you may receive and determine what to do with certain personal information, such as when communicating with users and entering into transactions with buyers. This means you process personal information (for example, buyer name, email address, and shipping address) and, to the extent you do so, under Botswana law, you are an independent controller of data relating to other users that you may have obtained through the Services.

You are responsible for protecting user personal information you receive or process and complying with all relevant legal requirements when you use the Services. This includes applicable data protection and privacy laws that govern the ways in which you can use a user’s information. Such laws may require that you post, and comply with, your own privacy policy, which must be accessible to Kalahari Fresh users you interact with and compatible with this policy and Kalahari Fresh’s Terms of Use.

As a data controller (that is someone who decides what personal data is collected and the purpose you’ll use the data for) to the extent that you process user personal information outside of the Services, you may be required under applicable data protection and privacy laws to honour requests received from such users for data access, portability, correction, deletion, and objections to processing. Also, if you disclose personal information without the buyer’s proper consent, you are responsible for that unauthorized disclosure. This includes, for example, disclosures you make or unintentional data breaches. For example, you may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for Kalahari Fresh-related communications or for Kalahari Fresh-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s consent, and subject to other applicable Kalahari Fresh policies and laws, you may not add any Kalahari Fresh member to your email or physical mailing list, use that buyer’s identity for marketing, or obtain or retain any payment information. Please bear in mind that you're responsible for knowing the standard of consent required in any given instance.

If Kalahari Fresh and you are found to be joint data controllers of personal information, and if Kalahari Fresh is sued, fined, or otherwise incurs expenses because of something that you did in your capacity as a joint data controller of buyer personal information, you agree to indemnify Kalahari Fresh for the expenses it occurs in connection with your processing of buyer personal information.

For more information, please see our Privacy Policy.

 

 

Misuse of a Buyer’s Personal Information

In connection with a transaction, you may receive a Buyer’s email address, phone number, or other personal information. This information may only be used for Kalahari Fresh-related communications or for Kalahari Fresh-facilitated transactions. You shall not use this information for unsolicited commercial messages or unauthorized transactions. You shall not provide this information to any third parties, and you shall not add any Kalahari Fresh member to your email or physical mailing list without such Buyer’s prior consent. You shall not store or misuse any Buyer payment information. For more information, please see our Privacy Policy.