This Second-hand Goods Policy of Ralph Jacobs, a Division of Coscoroba Group Holdings Proprietary Limited (Registration number: 2019/101093/07) (hereinafter, “TCG”, “we”, “us”, or “our”) governs the method of dealing with Second-hand goods. This Second-hand Goods Policy is incorporated by reference in to the Terms and Conditions of Sale and should be read in accordance with the definitions and references containing therein.
In the event of any conflict and/or inconsistencies, this Second-Hand Goods Policy shall take precedence.
The Consumer Protection Act South Africa second hand goods states under Section 55 (2) of the Act that a consumer is entitled to goods that are:
- Reasonably suitable for the purpose for which they have been sold;
- In good working, order and condition; and
- Useable and durable for a reasonable period of time having regard to the normal use to which the goods sold will be put.
Objective of Second-Hand Goods Policy
Ralph Jacobs complies with the Second-Hand Goods Act of 2009 which regulates the business of dealers in second-hand goods and pawn brokers.
Two important policy considerations are at stake:
- to prevent the public from being ripped off and
- to combat trade in stolen goods.
The Act falls under the authority of the Minister of Police.
Definition of Second-Hand Goods Policy
‘Second-hand goods’ are goods (such as books, cars, jewellery, antiques, factory equipment, sporting equipment, etc.) worth more than R100 which have been in use by a person other than the manufacturer, or producer or their agent.
Second-Hand Goods Act of 2009
A. Registration of Companies Dealing in Second-Hand Goods
- Ralph Jacobs is a business dealing in second-hand goods thus is registered with the National Commissioner of the SAPS. It is a criminal offence not to do so.
- Registration was obtained for the premises on which the goods are stored, or from which the goods are dealt in and it is an offence to contravene this provision.
- In the application for registration, it is necessary to supply ID photographs and one’s name and address and the trading name and address of the business. It is a criminal offence to furnish false information.
- If the applicant is a corporation or trust, further information must be furnished – the registered number, management particulars and so forth. It is an offence to furnish false information in this regard.
- If a dealer stops trading or is unable to carry on business, the dealer must immediately notify the National Commissioner. It is an offence if he fails to do so.
- A dealer whose registration has terminated must immediately return all certificates. If the termination follows cancellation by the National Commissioner, a police official will serve a notice of cancellation and in which case the certificates must be handed over to the police official. Contravention of these provisions is an offence.
- Any dealer who continues to trade without having renewed his registration commits an offence.
B. Certificates Issued to Companies Dealing in Second-Hand Goods
- Upon registration, the National Commissioner will issue a certificate, authorising the dealer to carry on business. The certificate will specify the classes of goods, the premises and any other conditions of the authorisation. It is a crime to contravene or fail to comply with the terms and conditions recorded in the certificate and it is a crime to conduct business in a manner other than as specified on the certificate
- A dealer transferring the business must surrender the registration certificate to the National Commissioner upon the issue of a new certificate and commits an offence if he fails to do so.
- The original certificate must be displayed in a prominent place, clearly visible to the public on the premises for which the certificate has been issued. It is an offence not to do this
- The holder of a certificate commits an offence if he fails to notify the National Commissioner (in writing, within 30 days) of:
- any change in the information that was submitted in respect of the application for registration;
- a change in the control or ownership of the dealer;
- any change that impacts on the ability of the dealer to meet the requirements of registration.
- The National Commissioner will issue an amended certificate and upon receipt, the dealer must hand over all previous certificates. It is an offence not to do so.
- It is a criminal offence to transfer the business to which a registration relates, other than to another registered dealer.
- It is also an offence if the business fails to maintain the certificate undamaged and in a legible condition
- If a certificate is lost (or stolen), the holder of the certificate must inform the National Commissioner within 30 days of the discovery of the loss or theft. It is an offence to not do so
- The dealer also commits an offence if he fails to apply to the National Commissioner (within the same 30-day period) for a copy of the certificate. This also applies if the certificate is defaced.
The failure to comply with any of the following provisions is a crime.
- A dealer must keep a register (or, if his certificate of registration requires, separate registers) in which certain particulars regarding every acquisition or disposal of second-hand goods is recorded.
- Every such entry in the register must be made at the time of the acquisition or disposal in question.
- A person acquiring second-hand goods from, or disposing of goods to a dealer, must furnish his full name, physical address and an original identity document or passport.
- The dealer must keep a copy of the identity document or passport.
- The dealer must keep the register(s) and copies of the documents for a period of not less than five years.
D. False information and stolen goods
- If a dealer suspects, or on reasonable grounds should suspect, that any name, address or document furnished to the dealer is false, the dealer must immediately report it to the local police station and commits an offence if he does not do so.
- If he likewise suspects, or should do, that goods offered to him are stolen goods, he must also report the matter to the local police station and commits an offence if he fails to do so.
- If the dealer suspects that the appearance (or any aspect) of an item offered to him has been tampered with, or there was an attempt to do so in order to conceal the identity of the item, he must report the matter to the local police station and commits an offence if he does not.
- It is an offence for the dealer to continue with the transaction to which any of the above suspicions relate.
- It is an offence to acquire (or accept in pawn) goods from any person under the age of 18
- No goods may be stored elsewhere than on the premises for which a certificate has been issued in terms of the Act. It is an offence to do so.
- As a dealer, it is a crime to take into Ralph Jacobs’ possession goods unless convinced, on reasonable grounds, that the seller is the owner, or is authorised to dispose of them.
- Any dealer who delivers goods acquired by him to a person, before a period of seven days has lapsed from the date of acquisition, commits an offence.
- It is also an offence for a dealer to change the form, or alter the appearance of any goods until the expiry of that seven-day period
- During the seven-day period, or during any period that any pawned goods are subject to a pledge, the articles must be kept separate from all other goods of the same or similar kind and description. It is an offence to breach this provision.
G. Recycling of metals
- Every dealer who recycles any controlled metal, must (additionally) be registered as a recycler. It is a crime to contravene this provision.
- It is an offence to have in your possession any apparatus which can be used for recycling metal (or any article or substance containing any controlled metal) unless:
- you are registered as a recycler;
- in the case of precious metals, the dealer is authorised to possess and recycle precious metals.
- If, as a recycler, you suspect (or, on reasonable grounds, should suspect) that the appearance or any aspect of any metal offered to you has been tampered with (or there was an attempt to alter the appearance or aspects thereof) in order to conceal the identity of the metal, you must report the matter to the local police station.
H. Routine police inspections
- A police official may, during business hours, enter the premises of any registered dealer in order to investigate compliance with the Act. It is a crime, if requested, for the dealer, owner, manager or employee to refuse or fail to:
- produce the dealer’s certificate of registration;
- produce any register, record, book or other document (relating to the goods on the premises) for inspection, or for making copies or extracts;
- produce any goods found on the premises for examination; or
- explain any entry (or absence of any entry) in any register, book, record or document found on the premises.
- The police official may demand immediate discontinuation of any method of dealing, recording or storage that contravenes the Act. The dealer commits an offence if he does not rectify the method in question within 7 days.
- It is a crime if the dealer, owner, employee or person in charge of premises fails to assist the police official in the performance of his functions under the Act.
Ralph Jacobs’ Second-Hand Goods Policy
- It is the sole discretion of Ralph Jacobs to accept or decline goods brought in, in the attempt in selling second-hand goods.
- Information required by Ralph Jacobs;
- Proof of Identity
- South African ID Card or Book
- Valid Driver’s Licence
- Additional information may be requested at the sole discretion of Ralph Jacobs
- Proof of ownership
- Proof of authentication of goods (Certificates/Lab Test Results)
Verification and Testing of Second-hand Goods
Goods may be subjected to testing and verification at the sole discretion of Ralph Jacobs.
- The cost of these tests or verifications may be charged to the seller’s account;
- If the goods are not as described as per the seller
- If the seller withdraws his/her offer
Ralph Jacobs does not warrant any damages caused due to testing or verification in order to determine the authenticity of the goods.
Accepting or Declining of Second-hand Goods
- The seller may accept or decline the offer
- Offer may be declined and/or withdrawn at the sole discretion of Ralph Jacobs.
Cancellation of Transaction of Second-hand Goods
- The seller may cancel the transaction by notifying Ralph Jacobs within five (5) days in writing with an intention to cancel the transaction.
- Within seven (7) days the seller must return any and all funds paid out by Ralph Jacobs for the purchase of the goods by means of Electronic Fund Transfer.
- The funds must reflect in Ralph Jacobs’ bank account before goods will be returned to the seller.
- Any goods that seem suspicious, may at the sole discretion of Ralph Jacobs be denied or reported to the police. Failure to do so is a criminal offence
- GENERAL LAW AMENDMENT ACT, 1955 (ACT NO. 62 OF 1955) states:
- Section 36: Any person who is found in possession of any goods to which there is reasonable suspicion that they have been stolen and is unable to give a satisfactory account of such possession, shall be guilty of an offence and liable on conviction to the penalties which may be imposed on a conviction of theft.
- Section 37: Any person who in any manner, otherwise than at a public sale, acquires or receives into his or her possession from any other person stolen goods, without having reasonable cause for believing at the time of such acquisition or receipt that such goods are the property of the person from whom he or she receives them or that such person has been duly authorised by the owner thereof to deal with or to dispose of them, shall be guilty of an offence.
- GENERAL LAW AMENDMENT ACT, 1955 (ACT NO. 62 OF 1955) states:
- The consumer remains liable for goods supplied to Ralph Jacobs should the goods be subject to law.
- Ralph Jacobs has the authority to refuse to be in possession of any suspected stolen goods from any other person – only accepted goods or items for which proof of ownership are available will be accepted by Ralph Jacobs as in the provisions of the Second-hand Goods Act, 2009 (Act No 6 of 2009).