Awkies

Terms of Service

Last updated: January 2026

1. Introduction

Welcome to Awkies ("we", "us", "our"), an online auction platform operated by Made From Holdings (Pty) Ltd, a company registered in South Africa. These Terms of Service ("Terms") govern your access to and use of our website at awkies.co.za and related services (the "Platform").

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Platform.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Platform. By using the Platform, you represent and warrant that you meet these requirements.

3. Account Registration

To participate in auctions, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorised use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

4. Platform Role

Awkies is a marketplace platform that connects auctioneers (sellers) with bidders (buyers). We are not a party to any transaction between auctioneers and bidders. We do not own, sell, or buy any items listed on the Platform.

Each auctioneer operates independently and is solely responsible for their auctions, items, descriptions, terms of sale, payment collection, and item delivery or collection. We do not guarantee the quality, safety, legality, or accuracy of any listings.

5. Bidding Rules

By placing a bid, you agree to the following:

  • Binding commitment: Each bid is a legally binding offer to purchase the item at the bid price, plus any applicable buyer's premium and fees as disclosed by the auctioneer.
  • No retraction: Bids cannot be retracted or cancelled once placed. You are responsible for ensuring the accuracy of your bid before submission.
  • No shill bidding: You may not bid on your own items or collude with others to artificially inflate prices.
  • No self-outbidding: You may not place a bid if you are already the highest bidder on that item.
  • Winning bids: If you are the highest bidder when an auction ends, you are obligated to complete the purchase according to the auctioneer's terms.

6. Auctioneer Responsibilities

Auctioneers using the Platform agree to:

  • Pay all applicable subscription fees and platform commissions as detailed in Section 8
  • Provide accurate and complete descriptions of all items
  • Disclose all known defects, damages, or material facts about items
  • Upload authentic photographs that accurately represent items
  • Clearly state all fees, buyer's premiums, and terms of sale
  • Only list items they have the legal right to sell
  • Comply with all applicable laws and regulations
  • Honour winning bids and facilitate timely collection or delivery
  • Handle payments and disputes with buyers professionally
  • Not manipulate bidding through shill bids or other fraudulent means

7. Buyer Responsibilities

Buyers using the Platform agree to:

  • Review item descriptions and photographs carefully before bidding
  • Ask questions about items before bidding if uncertain
  • Only bid amounts they are willing and able to pay
  • Complete payment within the timeframe specified by the auctioneer
  • Collect or arrange delivery of items as per the auctioneer's terms
  • Inspect items upon collection and raise any concerns promptly

7.1 Non-Payment Policy (No Pay, No Play)

We take non-payment very seriously. When you win an auction, you are legally obligated to pay. Failing to pay harms auctioneers, damages their reputation, and undermines trust in the platform.

  • First offence: Your account will be suspended. To reinstate your bidding privileges, you must pay a penalty fee equal to a percentage of the unpaid auction amount. The exact percentage will be communicated to you at the time of suspension.
  • Second offence: Your account will be permanently banned from the Platform. You will not be able to create a new account or bid on any auctions.

Appeals: Banned users may submit an appeal by contacting us. Appeals are reviewed on a case-by-case basis at our sole discretion. We take this policy seriously because auctioneers' reputations are on the line when buyers don't follow through on their commitments.

8. Platform Fees

8.1 Auctioneer Subscription Fees

Auctioneers are required to pay a subscription fee to use the Platform. Subscription plans, pricing, and features are detailed on our pricing page and may be updated from time to time. Subscription fees are non-refundable except where required by law.

  • Subscriptions are billed in advance on a recurring basis (monthly or annually)
  • Failure to pay subscription fees may result in suspension or termination of your auctioneer account
  • We reserve the right to change subscription pricing with reasonable notice

8.2 Platform Commission

Awkies charges auctioneers a commission on the total value of items sold through the Platform. This commission helps cover server costs, payment processing, platform maintenance, and ongoing development.

  • The commission rate is disclosed to auctioneers upon registration and in their dashboard
  • Commission is calculated on the final hammer price (winning bid amount) of each sold lot
  • Commission is billed directly to the auctioneer and is invoiced or deducted as per the auctioneer's payment arrangement
  • We reserve the right to adjust commission rates with reasonable notice

Important: The platform commission is the auctioneer's cost of using Awkies and must not be passed on to sellers by deducting it from their proceeds. Auctioneers who attempt to recover this commission from sellers (whether by deduction, separate charge, or any other means) are in violation of these Terms and may be subject to penalties, additional fees, or suspension of their auctioneer account.

8.3 Buyer Fees

Auctioneers may charge buyers a buyer's premium (a percentage added to the winning bid) and other fees. These fees are set by the individual auctioneer and disclosed on the auction page before you place a bid. Payment processing fees may also apply.

8.4 Payments

Payments from buyers are made directly to the auctioneer or through our designated payment processor. Awkies is not responsible for payment disputes between auctioneers and buyers.

9. Prohibited Items and Conduct

The following items and conduct are prohibited on the Platform:

  • Illegal items or items that cannot be legally sold
  • Stolen property or items you do not have the right to sell
  • Counterfeit or replica items misrepresented as genuine
  • Weapons, ammunition, or explosives (unless legally permitted)
  • Drugs, drug paraphernalia, or controlled substances
  • Hazardous materials
  • Items that infringe intellectual property rights
  • Fraudulent, misleading, or deceptive listings
  • Harassment, abuse, or threatening behaviour towards other users
  • Manipulation of the bidding process
  • Creating multiple accounts to circumvent restrictions

10. Disputes

Disputes between auctioneers and buyers should be resolved directly between the parties. While we may assist in facilitating communication, we are not obligated to mediate or resolve disputes. We are not responsible for the actions or omissions of any auctioneer or buyer.

If you have a dispute with another user, you release Awkies and Made From Holdings (Pty) Ltd from all claims, demands, and damages arising out of or in any way connected with such disputes.

11. Intellectual Property

The Platform and its original content, features, and functionality are owned by Made From Holdings (Pty) Ltd and are protected by South African and international copyright, trademark, and other intellectual property laws.

By uploading content to the Platform, you grant us a non-exclusive, royalty-free, worldwide licence to use, display, and distribute that content in connection with operating the Platform.

12. Disclaimer of Warranties

The Platform is provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not warrant that the Platform will be uninterrupted, secure, or error-free.

We make no warranties or representations about the accuracy, reliability, or completeness of any content on the Platform, including auction listings, item descriptions, or user content.

13. Limitation of Liability

To the maximum extent permitted by law, Awkies and Made From Holdings (Pty) Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from your use of the Platform.

Our total liability for any claims arising from these Terms or your use of the Platform shall not exceed the amount you paid to us, if any, in the 12 months preceding the claim.

14. Indemnification

You agree to indemnify, defend, and hold harmless Awkies, Made From Holdings (Pty) Ltd, and our officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from your use of the Platform, your violation of these Terms, or your violation of any rights of another party.

15. Termination

We may terminate or suspend your account and access to the Platform immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Platform will cease immediately.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on the Platform with a new "Last updated" date. Your continued use of the Platform after changes constitutes acceptance of the modified Terms.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of South Africa.

18. Consumer Protection

Nothing in these Terms is intended to limit any rights you may have under the Consumer Protection Act 68 of 2008 or any other applicable consumer protection legislation in South Africa.

19. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

20. Contact Us

If you have any questions about these Terms, please contact us at:

Email: hello@madefrom.co.za