Prohibited & Restricted Products Policy
This policy explains the types of products that may be prohibited or restricted on the DayByDeals marketplace and the responsibilities of marketplace sellers when offering products for sale.
Certain unlawful, unsafe, counterfeit or otherwise prohibited products must not be listed.
Some categories may require authorisation, documentation, age controls or other marketplace requirements.
Sellers remain responsible for determining whether their products may lawfully be offered and delivered.
The ability to create or publish a product listing does not mean that DayByDeals has confirmed that the product is lawful, unrestricted or suitable for sale. Marketplace sellers remain responsible for ensuring that their products comply with applicable law and DayByDeals marketplace requirements.
1. Overview
DayByDeals operates as a South African online marketplace through which participating marketplace sellers may offer products to customers.
Certain products may not be suitable for listing on the marketplace. Other products may be subject to legal, regulatory, safety, age, delivery, documentation or marketplace requirements.
This policy should be read together with the DayByDeals Marketplace Terms, Marketplace Seller Standards and Product Authenticity & Listing Standards.
2. Seller Responsibility
Marketplace sellers are responsible for the products they offer through DayByDeals.
Before listing a product, sellers should determine:
- Whether the product can lawfully be sold.
- Whether the product can lawfully be advertised.
- Whether licences or authorisations are required.
- Whether age restrictions apply.
- Whether special warnings or disclosures are required.
- Whether special storage or transportation requirements apply.
- Whether the product is subject to a safety notice or recall.
- Whether the seller has the right to offer the product.
3. Prohibited Products
Products must not be listed where their sale, possession, distribution or advertising through the marketplace would be unlawful or contrary to applicable DayByDeals marketplace requirements.
Prohibited listings may include products that are:
- Unlawful to sell or distribute.
- Stolen or reasonably suspected to be stolen.
- Counterfeit or unlawfully represented as genuine.
- Subject to an applicable prohibition or mandatory recall.
- Materially unsafe for their intended use.
- Offered in violation of applicable intellectual property rights.
- Otherwise prohibited under applicable marketplace requirements.
4. Counterfeit & Misrepresented Products
Sellers must not knowingly list counterfeit products or products falsely represented as being manufactured, authorised, licensed or endorsed by another business or brand.
Listings must not falsely describe a product as:
- Genuine or original when it is not.
- Manufactured by a particular brand when it is not.
- An authorised product where no such authorisation exists.
- New when its actual condition is materially different.
- Covered by a manufacturer warranty where that is not true.
5. Stolen or Unlawfully Obtained Goods
Sellers must not knowingly offer stolen products or products obtained through unlawful activity.
Where reasonably necessary to investigate a marketplace concern, DayByDeals may request information relating to ownership, sourcing or the seller's right to offer a product.
6. Unsafe or Recalled Products
Sellers should not knowingly offer products that are subject to an applicable mandatory safety recall or prohibition that prevents their lawful sale.
Sellers should monitor relevant product safety information applicable to the products they offer and take appropriate action when they become aware of a relevant safety issue.
Where a material product safety concern is identified, DayByDeals may take appropriate marketplace action concerning the relevant listing or seller account.
7. Restricted Products
A restricted product is not necessarily prohibited in every circumstance. However, its sale may be subject to additional legal, regulatory or marketplace requirements.
Depending on the product, requirements may include:
- Licensing or authorisation.
- Age verification.
- Identity verification.
- Special product labelling.
- Safety documentation.
- Product registration.
- Special storage or handling.
- Special courier or delivery arrangements.
- Geographic sales restrictions.
- Prior marketplace review where required.
8. Weapons & Related Products
Weapons and related products may be prohibited or subject to significant legal and marketplace restrictions.
Sellers must not list a weapon, ammunition, weapon component or related controlled product unless the product is permitted under applicable law and permitted under applicable DayByDeals marketplace requirements.
DayByDeals may prohibit particular weapons-related categories even where possession or sale may be lawful in certain circumstances.
9. Alcohol, Tobacco & Nicotine Products
Alcohol, tobacco, nicotine and related products may be subject to licensing, advertising, age-verification, delivery and other regulatory requirements.
Sellers must not list products in these categories unless the relevant product is permitted under applicable law and applicable DayByDeals marketplace requirements.
10. Medicines, Medical & Healthcare Products
Medicines, medical devices and certain healthcare products may be regulated and may require registration, authorisation, professional oversight or specific advertising and distribution requirements.
Sellers must not make unsubstantiated medical claims or list regulated products without satisfying applicable legal and marketplace requirements.
Products requiring a prescription or other controlled distribution process may not be suitable for ordinary marketplace sale.
11. Controlled Substances & Drug-Related Products
Unlawful controlled substances and products whose sale would violate applicable drug-control requirements must not be listed.
Products associated with regulated substances may also be subject to additional marketplace restrictions.
12. Hazardous Materials & Chemicals
Hazardous chemicals, flammable materials, compressed substances, dangerous goods and similar products may be subject to special sale, packaging, storage and transportation requirements.
Sellers are responsible for determining whether a product requires special handling and whether the applicable delivery provider can lawfully and safely transport it.
13. Age-Restricted Products
Certain products may only lawfully be supplied to customers who meet a minimum age requirement.
Where age restrictions apply, sellers must comply with applicable age-verification, advertising and delivery requirements.
DayByDeals may restrict or prohibit categories where suitable age-control processes are not available.
14. Adult & Explicit Products
Adult products, sexually explicit material and other age-sensitive content may be prohibited or restricted depending on the nature of the product and applicable marketplace requirements.
Sellers must comply with applicable age, content, advertising and distribution requirements.
15. Gambling & Financial Products
Gambling products, financial services, investment products, payment instruments and similar regulated offerings may require specific licences or authorisations and may not be suitable for ordinary marketplace listings.
Sellers must not use ordinary product listings to offer regulated financial or gambling services in violation of applicable law or marketplace requirements.
16. Surveillance & Privacy-Sensitive Products
Certain surveillance, interception, tracking or privacy-sensitive products may be restricted where their sale or intended use raises legal or privacy concerns.
Product listings must accurately describe relevant functionality and must not encourage unlawful surveillance, interception or misuse of personal information.
17. Animals, Wildlife & Protected Materials
Live animals, protected species, wildlife products and materials derived from protected plants or animals may be prohibited or subject to significant legal restrictions.
Sellers must not list products where the sale or distribution would violate applicable wildlife, conservation or environmental requirements.
18. Food, Supplements & Cosmetics
Food products, supplements, cosmetics and personal-care products may be subject to labelling, ingredient, safety, expiry, storage, advertising or registration requirements.
Sellers are responsible for ensuring that products are suitable for sale and that applicable product information is accurate.
Sellers must not make misleading health, medical or performance claims.
19. Expired, Damaged or Unsafe Stock
Sellers must not knowingly offer products that have expired where expiry makes the product unsuitable or unlawful for sale.
Products that are materially damaged, contaminated, tampered with or unsafe should not be represented as normal saleable stock.
Where damaged or imperfect stock may lawfully be sold, its condition must be clearly and accurately disclosed.
20. Intellectual Property
Sellers must not list products or use listing content that unlawfully infringes trademarks, copyrights, designs or other intellectual property rights.
Rights holders or authorised representatives can use the DayByDeals Intellectual Property Complaint process to report a concern.
Report an Intellectual Property Concern →21. Delivery & Shipping Restrictions
A product may be lawful to sell but still subject to transportation or courier restrictions.
Sellers are responsible for identifying products requiring special transport arrangements and for providing accurate information where necessary for safe and lawful delivery.
Products requiring special freight, dangerous-goods handling or other specialised transport may be subject to different delivery arrangements.
Delivery & Returns →22. Seller Documentation
Where reasonably necessary to review whether a product can remain on the marketplace, DayByDeals may request relevant supporting information from a seller.
Depending on the circumstances, this may include:
- Product sourcing information.
- Invoices or supplier information.
- Relevant licences or permits.
- Product safety documentation.
- Brand or distribution authorisation where claimed.
- Other information relevant to the marketplace concern.
The type of information required will depend on the product and circumstances.
23. Marketplace Review
DayByDeals may review a listing where there is a reasonable marketplace, customer, legal, product-safety, intellectual property or policy concern.
A review may include requesting information from the seller, reviewing the listing or considering information submitted by customers, rights holders or other relevant parties.
The existence of a review does not by itself establish that the seller has breached a marketplace requirement.
24. Listing Removal & Marketplace Action
Where appropriate and subject to applicable marketplace terms, DayByDeals may take action concerning a prohibited, restricted or otherwise problematic listing.
Depending on the circumstances, action may include:
- Requesting additional information.
- Requesting correction of a listing.
- Temporarily limiting listing visibility.
- Removing a product listing.
- Restricting the seller from listing a category.
- Reviewing affected customer orders.
- Restricting marketplace functionality.
- Taking other action available under applicable Marketplace Terms.
25. Serious or Repeated Breaches
Serious or repeated breaches of marketplace requirements may result in additional marketplace action where permitted under applicable Marketplace Terms.
This may include restriction, suspension or termination of relevant marketplace access, depending on the circumstances.
26. Report a Prohibited or Suspicious Product
Customers, sellers or other interested parties can report a product that they believe may violate DayByDeals marketplace requirements.
Where possible, include:
- The product name.
- A link to the relevant listing.
- The seller name where displayed.
- A clear explanation of the concern.
- Relevant supporting information.
- Your order number if you purchased the product.
Contact DayByDeals Customer Support with the relevant listing information.
27. Customers Who Have Already Purchased
If you have purchased a product and believe it may be counterfeit, unsafe, materially misrepresented or otherwise problematic, contact DayByDeals Customer Support.
Depending on the circumstances, the matter may also be handled through the applicable complaint, return, faulty product or refund process.
28. Consumer Rights
This policy is intended to operate consistently with applicable South African law.
Nothing in this policy is intended to exclude, restrict or replace any statutory consumer right or remedy that cannot lawfully be excluded or restricted.