- AUTOSPAREZ WEBSITE TERMS AND CONDITIONS OF USE
Please review these terms and conditions carefully.
1. INTRODUCTION AND AGREEMENT
This website (“Website”) is owned by Autosparez, (hereinafter referred to as “Autosparez” / “Company” / “us” / “we” / “our” / “Provider”), a private company with limited liability duly incorporated in accordance with the laws of the Republic of South Africa. The Website promotes the sale of the Company’s products which include automotive spares, tools and accessories (“Products”).
Please read these terms and conditions carefully before using this Website. By transacting on this Website you (“User”) undertake and confirm that you have read, understood and agreed to these Terms and Conditions and you signify your agreement to be bound by them.
These Terms and Conditions constitute a binding agreement between Autosparez and the User and moreover govern the respective rights and obligations each time the User transacts on this Website.
By shopping or browsing on this Website, the User agrees not to access, display, copy use, download, and/or otherwise copy or distribute content obtained on the Website for marketing and other purposes without the express written consent of the Provider.
2. PRODUCT PRICING AND AVAILABILITY
Any offer to purchase the Products using this Website does not constitute any guarantee that what is being purchased by the User will necessarily be available.
The Products displayed on this Website are subject to availability and will be delivered only within the Republic of South Africa, subject to further terms as set out below.
All prices displayed on the Website are valid and effective only in the Republic of South Africa.
Despite our best efforts, a Product appearing on the Website may be mispriced. We reserve the right to correct the selling price or to change the selling price of any and all of the Products from time to time without any prior notification. Orders placed on the Website constitute an offer to purchase Products subject to this Agreement. The User will receive an auto-response generated message confirming the purchase of the Product. A purchase agreement will only come into effect between the User and the Provider once an autoresponse generated message has been sent to the User confirming the acceptance of the offer to purchase.
The private information required of the User for executing the orders placed through the Website’s ecommerce facility, namely the User’s personal information, credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the essential information, that is the delivery address and contact phone number will be made known to third parties delivering the merchandise.
The Provider undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may unintentionally have installed on his/her device.
Users who do not wish to place an order or make offers in respect of any Products on the Website may visit the Website without providing their personal information. The Provider will however keep a record of the IP address of the User Computer (but not the e-mail address) for purposes of determining the use of the Website, i.e. the number of visits and average time spent on the Website.
4. DISPLAY COLOURS
We have made every effort to display as accurately as possible the colours of the Products that appear on the Website. As the actual colours you see will depend on the User’s computer’s monitor we cannot guarantee, however, that the User’s monitor’s display of any colour will be accurate as against the display picture.
5. DELIVERY POLICY
We will not be held liable for any loss, claims, theft or damage of whatsoever nature, to any person, arising from the delivery process and/or from the delivery of a product and/or the failure to deliver the Product(s).
Please note that delivery estimates are not guaranteed delivery times and should not be relied upon as such. The delivery period for different Product(s) may vary depending on the type of Product and the availability of the Product. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.
Subject to stock availability with suppliers and receipt of payment, requests will be processed within 10-15 working days and handed over to a courier company for delivery. Delivery payment options are provided upon checkout. For very remote areas not serviced by standard courier service the Provider will deliver via Post Office or to the nearest town to the User that is accessible by our courier’s partners within their normal routes. In these circumstances, the Provider will contact the User to arrange an alternative address.
The Provider reserves the right to cancel an order for which payment has already been received from the User. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions.
We will not be held responsible or liable for any loss, damage or theft of the Product(s) in the event that you have provided Autosparez with your home physical address and you have given authorisation to a domestic worker and/or security officer to accept the product.
Any grievances regarding the standard and quality of the Product(s) purchased by the User using the Website should be directed to the following e-mail address: firstname.lastname@example.org.
6. “COOLING-OFF PERIOD” IN TERMS OF SECTION 44 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 AND OTHER REFUND AND RETURN POLICIES
The User is entitled to cancel without any reason and without any penalty any transaction concluded on the Website within 7 (seven) days after the date of receipt of the Product(s).
If payment for the Product(s) has been effected prior to the User exercising his or her right to cancel a transaction, the User is entitled to a full refund of such payment, which refund will be made within 30 (thirty) days of the date of cancellation of the transaction, less our charges for the direct cost of returning the Product(s).
The “cooling-off” period does not apply to:
magazines and books;
audio or video recordings or computer software (including Blue Ray discs, DVD’s, games, educational training programmes and music CD’s) which have been unsealed by the User;
foodstuffs, beverages or other goods intended for everyday consumption (such as diapers) supplied to the home, residence or workplace of the User;
Product(s) which are made to the User’s specifications;
Product(s) which are clearly personalised;
Product(s) which by reason of their nature cannot be returned; and/or
Product(s) which are likely to deteriorate rapidly, including UV curable products.
The User may also cancel an order that has not yet been dispatched from the Company’s premises (excluding electronic coupons or any other digital product), for a full refund.
Should the User cancel an order partially, a delivery fee will be charged for the remaining products to be delivered. In such an instance, we will make a reasonable effort to exchange the product upon receipt of the returned products, but if replacement is not possible, we will refund the purchase price including delivery cost upon receipt of the returned products.
7. VOUCHERS / COUPONS
A coupon can be loaded with any amount or percentage discount. The amount registered on the coupon will not accrue any interest. The total rand amount of the purchases will be deducted from the value of the coupon. All transactions in excess of the coupon balance will be declined. The coupon is valid until the last day specified or as marked expiry date. The coupon may not be re-activated after the expiry date.
The coupon may not be refunded or exchanged for cash or credit. Lost or stolen coupons must be reported to the Company immediately, together with original receipts of purchase and/or the coupon number. The coupon will be stopped as soon as reasonably possible after the Company has been advised, but the purchaser thereof will still be responsible for all payments made with the coupon prior to notification of the loss and/or theft.
Exchange and return of Products purchased in whole or in part with the coupon will be governed by the procedures and policies of the Company.
8. REFUNDS AND RETURNS
The replacement of returned Products cannot be guaranteed as this is subject to the availability of stock. The User can only return a Product or request a refund if the Product is damaged prior to delivery, if the Product is faulty on delivery, or if the incorrect product was delivered. In such cases, no returns or refunds will be accepted after  days after delivery of the Product. The Product must be returned in its original packaging with all warranty cards, manuals and accessories.
Should a User request a return/refund on receipt of the Product for any reason other than the Product not being damaged, faulty or incorrect the Provider has the right to charge the User for the delivery, administration and handling fees for the return of the Product. The balance will then be refunded to the User within 30 days.
The Provider does not make any warrantees or representations regarding the use of the Products on this Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
To the extent that the Products are altered contrary to the instructions or after having been delivered to the delivery address stipulated by the User, the Products or property in which the Products are installed have been subjected to misuse, the Provider and/or manufacturer of the Products will not be obliged to honour any warranties applicable to such Products. Warranties do not apply to ordinary wear and tear.
While every effort is made to update the information provided on the Website on a regular basis, the Provider makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of the information contained on any of the Website pages and will not be bound in any manner by such information.
The Provider does not represent or warrant that the functions contained on the Website will be uninterrupted or error-free, that the defects will be corrected, or that this Website or the server that makes the site available are free of viruses or other harmful components.
10. EXPORT RESTRICTION
The offering on this website is available to South African customers and delivery addresses only, unless special arrangement is made before placing an order.
11. PAYMENT OPTIONS
Payment may be made via Visa, MasterCard or by electronic funds transfer to the Provider’s bank account, the details of which will be provided upon purchase.
12. CREDIT CARD ACQUIRING AND SECURITY
Credit card transactions will be acquired for the Provider via Payfast. Payfast uses the strictest form of encryption and no credit card details are stored on the Website. Users may go to www.payfast.co.za to view their security certificate and security policy.
13. CUSTOMER DETAILS SEPARATE FROM CREDIT CARD DETAILS
Customer details will be stored by the Provider separately from credit card details which are entered by the User on Payfast’s secure site. For more detail on Payfast refer to www.payfast.co.za.
14. MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
Notwithstanding any other provisions contained herein, the Provider’s liability, whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time the value of the Product(s) in respect of which any such dispute or claim arises. By accessing the Website the User warrants and represents to the Provider that the User is legally entitled to purchase the Products and that all the details provided by the User are true and complete. Any information, ideas and/or opinions expressed on this Website should not be regarded as professional advice or the official opinion of the Provider. All Users should obtain professional advice before taking any course of action related to information, ideas or opinions on this Website.
16. UPDATING OF THESE TERMS AND CONDITIONS
The Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time.
Changes to these Terms and Conditions will become effective upon such changes being posted to this Website.
It is the User’s obligation to periodically check these Terms and Conditions on the Website for changes or updates.
The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
17. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
The Provider provides certain information on the Website.
Content currently or anticipated to be displayed on this Website is provided by the Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“Content”). All such proprietary works, and the compilation of the proprietary works, are copyright to the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“Owners”), and is protected by South African and international copyright laws. The Provider reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
18. LIMITED LICENSE TO GENERAL USERS
Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of the Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of the Provider. The Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers on the Website.
The Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license.
19. LIMITATION OF LIABILITY
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors.
The Provider shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if the Provider has been advised of the possibility of such damages.
The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. The Provider shall not be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
20. CHOICE OF LAW
If a User accesses this Website from locations outside of the Republic of South Africa, that User is responsible for compliance with all applicable local laws.
These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the exclusive jurisdiction of the South African Courts in the event of any dispute.
If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
The Provider’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
The Provider may assign its rights and duties under this Agreement to any party at any time without notice to the User.
These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website including any purchases made thereon.
21. USE OF SITE
Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including an Autosparez or other licensed employee, host, or Provider’s representative, as well as other members or visitors on the site is prohibited.
The User may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law.
The User may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
22. THIRD-PARTY WEBSITES
As a convenience to our Users, this Website may contain additional links to other third party websites. If you decide to use and access these websites, you will leave this website. The Provider in no way endorses these third party websites, their content, products or services offered by making these links available on this Website. The User visits these websites at its own risk and should ensure that it obtains all relevant information, including reading the privacy and security policy of such third party websites. The Provider will in no way be liable for any loss or damage the User may suffer, whether directly or indirectly, as a result of accessing such third party websites.
23. USER CONTENT
The User agrees to not upload or transmit any communications or content of any type to any public areas that infringe or violate any rights of any party.
By submitting communications or content to the Provider, the User agrees that such submission is non-confidential for all purposes.
The Provider reserves the right to:
limit quantities on any of the products on our website;
request proof of age on certain products;
investigate a User for irregularities and/or falsifying information for the procurement of products that may be on special offer;
request proof of identification on any purchase;
not be obliged to sell Products that have been erroneously marked on the Provider’s website; and/or
cancel any purchase order.
Payments, quotation validity dates, refunds and the Consumer protection act
A. The Consumer Protection Act aims to provide consumers with certain rights and protection. Autosparez™ acknowledges and supports the intention and spirit of the Consumer Protection Act.
B. We commit and aim to uphold the principles of the Act in all our dealings with consumers, whether it be marketing, the actual sale of goods or after sales service.
C. If the consumer is a juristic person, whose net asset value or annual turnover exceeds R2 000 000.00 (two million rand), the CPA shall not apply.
D. If the consumer is a natural person or juristic person, whose net asset value or annual turnover is less than R2 000 000.00 (two million rand), the CPA shall apply.
E. If the consumer is a juristic person as referred to in clause 4.C. above, the consumer hereby authorizes the seller to enter any premises for the purpose of taking possession of the goods, to which these term and conditions relates, in the event of default in payment of the price by the consumer.
F. If the consumer resells any goods not paid for, the consumer shall be deemed to sell such goods as the agent of the seller and the proceeds of such sale shall be paid over to the seller as payment of the price for the goods;
G. If the goods ordered by the consumer are special order goods as defined in the CPA, the consumer shall not enjoy the rights afforded by Section 17 of the CPA, which include the cancelling of any advance order or booking;
H. Special order goods are goods that the seller was expressly or implicitly required or expected to procure, create or alter specifically to satisfy the consumer’s requirements; Such goods would include repair tools kits manufactured on demand and that includes chemicals mixed for kits.
I. If a consumer referred to in clause 4.D. above orders goods not defined as special order goods in terms of the CPA, then the consumer may cancel the order, provided that:
1. The seller may require payment of a reasonable deposit for such goods in advance, and
2. Impose a reasonable cancellation charge in the event of the consumer cancelling the order.
J. The consumer acknowledges that the deposit and cancellation charge levied by the seller is reasonable and fair in the circumstances.
K. If the consumer is not a juristic person as defined in clause 4.C. above, then in addition to the warranties paragraph below, the consumer will enjoy the protection afforded by Section 20 of the CPA, which includes, inter alia:
1. The right to return goods to the seller, where the goods were intended to satisfy a particular purpose as communicated to the seller, and within 10 (ten) business days after delivery to the consumer, the goods have been found to be unsuitable for that particular purpose;
2. Goods returned as aforesaid must be returned to the seller at the consumer’s risk and expense, provided that upon the return of the goods, the seller shall refund the consumer the price paid for the goods less any amount that the seller may charge as provided for in Section 20(6) of the CPA.
L. A consumer referred to in clause 4.C. above may not return goods to the seller without the prior written consent of a duly authorized representative of the seller and, in the event of such consent being granted, the consumer will not be entitled to a credit for the returned goods unless, when returning such goods, it simultaneously advises the seller in writing of the original invoice number.
M . Should a consumer return goods in accordance with clause 4.J. above, a restocking charge might be levied by the seller; In addition, if any of the returned goods had been specifically imported for the consumer, the consumer will be liable for the cost that was incurred by the seller in transporting the goods from the overseas supplier to the seller.
N. Should a consumer referred to in clause 4.C. above have any claims for delivery of any incorrect quantity or for any damaged or lost goods, it shall be obliged to notify the seller of such claim within 2 (two) business days of delivery having been effected, failing which any such claim will lapse.
O. If the consumer is a natural person or juristic person as defined in clause 4.D., the consumer shall enjoy the warranties and/or protections contained in the CPA as it relates to safe, good quality goods, implied warranty of quality and warranties on repaired goods.
P. If the consumer is a natural person or juristic person as defined in clause 4.C. above, the seller does not warrant the fitness of any goods for a particular purpose unless an express written guarantee is given to the consumer by the seller in respect of each sale.