Excluded Products, Prohibited Content & Policy Violations

2021 | Version 1.3.12

Last updated September  2022

1.1 Counterfeit Products & Our Zero Tolerance Policy

Takealot adopts a zero tolerance approach to any counterfeit, unlicensed or stolen products being listed on our website. The onus is on you to ensure that you have the legal authority to sell all products listed under your account and that they are legitimately sourced.

Definition of Counterfeit Goods: unlicensed or unauthentic products including products that have been fraudulently/illegally replicated, reproduced or manufactured

Please note that you may be required by the Seller Compliance team to provide proof that your products are legitimately sourced by supplying one of the below documents:

• The original licence or trademark certificate
• A letter from the rights holder or distributor confirming your relationship
• A supplier invoice to determine the source of the products

In the event of a Seller being found guilty of selling counterfeit, unlicensed or stolen goods:

• The seller account will be terminated immediately
• The case will be reported to the rights holder/ authorized distributor for further action
• Any funds in the seller account will be frozen for up to 180 days
• Affected stock at our warehouse may be handed to the relevant authority for further investigation

Ensure the products you are selling complies with all local laws, including but not limited to:

• ICASA (https://www.icasa.org.za/)
• NRCS (https://www.nrcs.org.za/)
• CPA (Consumer Protection Act 68 of 2008)

1.2 Products Requiring Express Consent and/or Declaration of Sale

1.2.1 Parallel imports or grey goods 

These are branded goods that are imported and sold in South Africa, without the consent of the owner of the trademark or the authorised distributor. These goods are often offered to our customers at considerably cheaper prices than the prices it would be offered if the goods had been sourced through authorised or approved distributors.  However, due to the fact that these goods are not authorised, the manufacturers’ warranties and after-sales support are not applicable. Our customers have a right to be informed that manufacturers’ warranties do not apply to these goods. If such information is withheld when our customers buy such goods, they will be misled and the practice of selling these goods would be unfair. We are a customer-centric organisation and wish to provide products to our customers at the cheapest prices, whilst keeping them fully informed. Product display pages must include the terms “Parallel Import” in the product title.  Please view our Parallel Imports Policy and Parallel Imports Application Form here.

1.2.2 Large Appliances (“White Goods”) & Refurbished Electronics

These categories are currently curated by takealot.com and may only be sold with express consent. There is no application process for the sale of these goods at this time. Your account will be approached by a Takealot Representative for the sale of these products should your business be identified as a suitable vendor. All accounts selling these goods without the express consent will have their products removed from the site and/or our distribution centres at the cost of the Seller.  

1.2.3 Cannabidiol ("CBD" Oil ) Products

Takealot’s written approval is required for any Seller to market and sell Products containing CBD on the Website. In addition to the Product Warranty, a Seller authorised to sell such Products warrants that any Product consisting of preparations containing CBD will be processed, manufactured, marketed and sold in strict compliance with the Department of Health's Regulations regarding the exclusion of certain preparations containing CBD from the operation of certain provisions of the Medicines and Related Substances Act, 1965 (Government Notice 756). The Seller hereby indemnifies Takealot against any Loss which arises from or in relation to a breach by the Seller of this clause 8.2. Alternatively, at Takealot's election, should the Seller breach any of the aforesaid warranties, Takealot is entitled to impose a penalty on the Seller of 20% of the aggregate value of all Products purchased by Customers from the Seller’s Takealot Account/s within the previous 6 months.  Please view our CBD Oil Policy and Application Form here.

1.2.4 Medical Devices & Products

Product disclaimer that must be added to the description

PLEASE NOTE: This product is not intended to compensate for diagnosis, treatment, cure, or mitigation of medical conditions. If you or a family member are experiencing any health-related problem, you should obtain medical advice from a certified health professional as this device may be harmful to your health. You are therefore advised to use this product with caution.

Hearing Aids - Product Titles

The product titles/description on the website may not refer to hearing aids but  “personal sound amplifier” products instead.

SAHPRA Certification
The following products require SAHPRA Certification to be sold on takealot.com:  

• Medical Thermometers, Pulse Oximeters, Nebulizers, Oxygen Concentrators, Blood Pressure monitors and devices
• Mask Certification: N95, KF94 and KN95

1.3 The leadtime-only list

The following products may be sold on leadtime only. Attempts to stock our DC with these products will result in rejections at the inbound receiving door.

• Mattresses
• Beds
• Headboards
• White goods

1.4 The Excluded Products List

The following products are prohibited from being sold on takealot.com:

• Products with Selling Prices greater than (or equal to) R100 000 are not permitted for sale. Even if set on the Seller Portal, such offers will be blocked from displaying on takealot.com.
• Mattress and base/bed sets cannot be sold as a bundle or strapped together. Mattresses and bases must be packaged either in cardboard casing/box or 2 layers of thick plastic.
• COVID-19 rapid diagnostic tests: the Department of Health's Guidelines prohibits the sale of COVID-19 testing kits. COVID-19 testing and diagnosis can only be conducted by suitably qualified and trained health professionals only and  cannot be sold directly to customers.
• Rodent Glue and Live Capture Traps
• Hand Sanitisers that contain Acetone, Methanol and Methylated spirits.
• The sale of any coins or notes that are deemed to be legal tender is not permitted. This includes limited edition notes or coins issued by the SARB
• Batteries containing water or acid that can be leaked; or that have to be shipped upright; or not packaged in a double corrugated box
• Post-paid mobile phones linked to a specific mobile network operator for a predetermined period of time
• Generic or “Inspired by” Fragrances no fragrances imitating branded and/or designer perfumes and fragrances
• Large Appliances & Refurbished Electronics these categories are currently curated by takealot.com and may only be sold with express consent. There is no application process for the sale of these goods at this time. Your account will be approached by a Takealot Representative for the sale of these products should your business be identified as a suitable vendor. All accounts selling these goods without the express consent will have their products removed from the site and/or our distribution centres at the cost of the Seller.
• Bulky Items (exceeding 70kg) and/or 4m in packaged width, height or length may not be sold without the express authorisation of Takealot. Please note that this restriction does not apply to White Goods, though White Good Sellers need to be authorized by Takealot.
• Services, including but not limited to, extended service warranties, money-back guarantees, replacement plans, service contracts, buy-back guarantee programs, investment services, subscriptions, event tickets.
• Cigars, cigarettes, tobacco or other products containing tobacco
• Firearms, air-guns, air-rifles,  or any other similar device manufactured or designed to propel or discharge a bullet or any other projectile (including self-defence guns) of a calibre of 5.6mm (.22 calibre) and higher at a muzzle energy of more than 8 joules (6ft-lbs), and all associated gun parts, ammunition and kits. This would include spearguns, black powder, and all explosives, and offensive weapons as defined by the government of the Republic of South Africa.
• Blank guns: a device which is not at the time capable of discharging any bullet or projectile but which can readily be altered to be a firearm. This includes blank guns and all associated parts, ammunition (including blank bullets) and kits.
• Fireworks and other pyrotechnics
• Hazmat items, Flammables and oil based paints
• Medicines and veterinary medicines, medicinal feeds, medicinal products and remedies of any type which are sold by a seller who does not possess the necessary licenses, authorisations and/or professional qualifications to sell and list such products or has such licenses, authorisations or professional qualifications but has not been approved to sell this category of products by takealot.com
• As an online retailer, Takealot inclusive of the marketplace platform is only permitted to sell Unscheduled, Schedule 0 substances and complementary medicines. Broadly speaking Unscheduled, Schedule 0 and/or complementary medicines in this instance are any substances which has been excluded from the other Scheduled substance lists and/or requires a prescription from a doctor", "optician" or other “health care provider" as a prerequisite for purchase or would require an application or fitting by a doctor, optician or other health care professional.For the avoidance of doubt, refer to the SAHPRA repository of professional information and patient information leaflets to ascertain the scheduling of specific medicines and the SAHPRA list of registered health products.
• Any prohibited drug including any product which contains the human growth hormone
• Elements which contain or consist of human body and medical implants
• Any live animals
• Products made of or containing any or part of any plant or animal will have the sale, storage, import or export of which is prohibited or regulated. This would include examples such as endangered species, elephant ivory, sea turtle shells, coral and most reptile skins
• Any product that contains any other ingredients that are prohibited, restricted or regulated under applicable law are not to be offered.
• Any compressed gas/cylinders may only be sold without gas.
• Media Products except to the extent where we make available for functionality to offer such products are prohibited.
• "Sex and sensuality" products.
• Products containing prohibited images of children and any other violent, offensive, obscene or sexual content that is unlawful in the Republic of South Africa
• Loose gemstone or semi-precious stones products.
• Any product for which you either are not an "authorised reseller" (as designated by the product  manufacturer or distributor), or do not provide to customers the manufacturer’s standard warranty therefore
• Any product that is subject to export licenses, declaration or authorisation when shipped to the Republic of South Africa
• Products that cannot be lawfully shipped to or sold in the Republic of South Africa
• Gift certificates, gift cards and other stored value instruments
• Any product that is subject to a product recall
• DVDs or Games that are not supported in the Republic of South Africa
• Any other types of products that in our discretion are not supported for sale in the Republic of South Africa
• Products that do not comply with any agreement between takealot.com and the seller

1.5 Prohibited Content

• Use of "whitening/lightening/bleacher" on skin products used for discolorations, dark spots, etc. within product titles, descriptions, and images prohibited. The term "brightening" may be used to replace those words.
• Use of “replica” or “copy” in title & descriptions:  Titles may refer to being compatible with other brands. Titles may not include a claim to be a replica or copy of a competitor brand. If the product is a generic or unbranded product,  it should be clear that the product is not the branded version in the brand field or title.
• Illegal and potentially illegal products: All Products sold on the takealot.com site must adhere to all applicable laws. Our sellers are therefore legally liable for their own actions and transactions. As a seller you are expected to familiarise yourself with the legal parameters surrounding any products that you intend to offer for sale on takealot.com. This would include the sale of products by entities outside the Republic of South Africa.
• Offensive material: takealot.com reserves the right to determine the suitability of any product display page created on the takealot.com site.
• Nudity: In general, images that portray/display nudity in an inappropriate or graphic manner are therefore prohibited.
• Products which infringe on other individual’s privacy: Privacy is regarded by takealot.com as very serious and therefore any item that may infringe upon another individuals privacy is considered prohibited.
• Advertisements or promotions: Any product display pages that purposely redirects takealot.com users to alternative commercial or private websites in order to advertise or provide contact information for non-takealot.com offers and ordering tools are prohibited.
• Products made available by digital download: takealot.com prohibits creating product display pages for any such products that are available for digital download. This would include "codes" that would be used to access content on other websites or platforms.
• Products that are not safe: All toys and electrical equipment on takealot.com, must be deemed safe (that is, there is no risk that the equipment will cause death, personal injury or damage to property) and, where applicable, come with a South African standard three-pin plug.Additionally, new toys and electrical equipment must be certified by the South African Bureau of Standards. You must not sell any product that has been the subject of a product safety recall, regardless of branding. This act is strictly prohibited.
• Animal products: takealot.com prohibits creating product display pages and/or selling of any parts or products from whales, sharks, dolphins, elephants (including elephant ivory) or from any other regulated endangered plant or animal. This would also include products containing Foie Gras.
• Plants, plant material and seed: takealot.com reserves the right to prohibit certain types of plants, seeds, and other plant material in order to ensure the safety of pets, humans, and the environment; and as subject to the ability to properly store, handle and deliver the product. takealot.com strongly advises you to seek advice from appropriate government authorities before (a) exporting, importing, receiving or transporting such agricultural or plant material, and (b) selling seed, as marketing regulations apply and licensing may be required (e.g. for grass seed and vegetable seed). The appropriate authority is the Department of Agriculture of the Republic of South Africa.

1.6 Intellectual Property Violations

• Recopied media: Media products such as (books, films, CDs, television programmes, software titles, video-games, and so on) that have been recopied, dubbed, duplicated, or transferred without permission of the rights owner are illegal to sell and are prohibited. This includes:
• Books - Unauthorised copies of books are prohibited.
• Music - Bootlegs,unauthorised soundboard recordings, unauthorised live concerts, unauthorised merchandise etc. are prohibited.
• Films - Unauthorised copies of films in any format are prohibited. Unreleased/pre-released movies, trailers, screeners, unpublished and unauthorised film scripts (no ISBN number), electronic press kits, and unauthorised props are also seen as prohibited.
• Photos - Unauthorised copies of photos are prohibited.
• Radio programmes & Concerts - Unauthorised recordings or copies of recordings of radio programmes are prohibited.
• Software - Re-copied or duplicated software in any format is prohibited.
• Television programmes - Unauthorised copies of television programmes (including pay-per-view events), programmes never broadcast, unauthorised props,unauthorised scripts and screeners are prohibited.
• Video games - Any video games sold on takealot.com must be full retail versions. No recopied or transferred videogames are allowed and therefore are prohibited.This would include mod chips, silver disks, video game emulators, Sega boot disks, game enhancers, unauthorised video game compilations, unauthorised bundles of video game products, and unauthorised accessories are also prohibited.
• Transferred media - Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, therefore anything from the Internet converted or transferred to any digital format, etc.
• Promotional media - Any promotional versions of media products, including books (advance reading copies and uncorrected proofs), videos (screeners) and music are prohibited by takealot.com. These products are distributed for promotional consideration and therefore are not generally authorised for retail distribution or sale.
• Rights of Publicity - Any celebrity images and/or the use of any celebrity names cannot be used for commercial purposes without permission of said celebrity or their management. This would include any product endorsements which would make use of a celebrity's likeness on merchandise such as posters, clocks, mouse pads and image collections in digital format etc.
• The Seller must ensure that the recommended retail price (“RRP”) that it provides for any product is accurate and reasonable in the context of the market for that product. The Seller specifically undertakes not to artificially inflate the RRP, and upon demand shall provide proof to Takealot’s reasonable satisfaction of the accuracy of the RRP.