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TERMS & CONDITIONS
These terms and conditions together with the documents referred to in them tell you the basis on which we will supply to you our goods (“Goods”) and services (“Services”). Please read these terms carefully before ordering any Goods or Services from us. By ordering any of the Goods or Services, you agree to be bound by these terms.
IN PARTICULAR WE DRAW YOUR ATTENTION TO
CLAUSE 19 BELOW WHERE WE LIMIT OUR LIABILITY TO YOU.
You should retain a copy of these terms for future reference.
1. INFORMATION ABOUT US
1.1 The Goods and Services are provided by Online Car Parts (PTY) Ltd (“we/us/our”).
1.2 We are registered at the offices of the CIPC, South Africa. Refer to Company Information tab.
1.3 Our Company Registration Number is 2014/040386/07. Refer to Company Information tab - https://www.onlinecarparts.co.za/content/3-terms-and-conditions-of-use
1.4 Online Car Parts is a Trademark of Online Car Parts (PTY) Ltd
2. Your STATUS
2.1 You acknowledge that:
2.1.1 clause 5 does not apply unless you are purchasing Goods and/or Services by mail order or from our website as a consumer (in other words, other than in the course of a business, trade or
2.1.2 clauses 11.2 to 11.3 and 12.6 to 12.8 (inclusive) do not apply unless you are purchasing Goods and Services in the course of a business, trade or profession (“Business Customer”); and
2.1.3 clause 11.4 does not apply unless you are purchasing Goods and Services as a Consumer (in other words, other than in the course of a business, trade or profession) (“Consumer”);
2.2 By placing an order with us, you warrant that:
2.2.1 you are legally capable of entering into binding contracts;
2.2.2 if you are a Consumer, you are at least 18 years old;
2.2.3 you are resident in the Republic of South Africa;
2.2.4 the information you provide to us during the process of placing an order for Goods and/or Services is accurate, complete and not misleading.
3.1 These terms and conditions apply to all sales of Goods and/or Services provided by us to you.
3.2 If you are purchasing Goods and/or Services via our website, no contract for the supply of Goods and/or Services (“Contract”) will come into existence until we despatch the Goods, send you an email confirming that your goods have been despatched or start performing the Services (whichever is the earlier).
3.3 If you purchase Goods and/or Services by any means other than via our website, the Contract will not come into existence until either your order (however given) is accepted by the earliest of our written acknowledgment of order, delivery of the Goods or performance of the Services.
3.4 Each order for Goods and/or Services by you to us will be deemed to be an offer by you to purchase Goods and/or Services subject to these terms. Each order placed by you to us for Goods and/or Services and accepted by us will constitute a separate contract.
3.5 You must ensure that the terms of your order and any applicable specification are complete and accurate. There is a note facility provided to you at checkout.
3.6 These terms will be incorporated in the Contract to the exclusion of all other terms and conditions. They supersede all prior dealings, negotiations, representations or agreements between us in respect of the subject-matter of the Contract whether written or oral.
3.7 No variation or amendment of this Contract will be valid unless in writing and signed by you and our authorised representative.
4. Goods and Services
4.1 All brochures, specifications, drawings, catalogs, particulars, shapes, descriptions and illustrations, application guides and information, price lists and other advertising matter are intended only to present a general idea of the Goods and Services described in them.
4.2 We reserve the right to deliver Goods of a modified design provided that any difference does not make the Goods unsuitable for any purpose you have made known to us.
4.3 The Goods will conform in all material respects to any sample provided to and accepted by us. The Goods and Services will conform in all material respects with any specification provided to and accepted by us. We reserve the right to amend any design or specification without prior notification provided that it does not adversely affect the performance of the Goods and Services.
4.4 We retain all copyright and title to all documentation relating to Goods delivered to you by us. This documentation may only be used for the purposes intended in the Contract and not for any other purpose without our permission. It must be returned on demand.
4.5 Technical specifications are approximations unless specifically stated otherwise. Technical Specifications are only a guide and caution should be exercised.
4.6 You will not remove, alter, deface, obfuscate or tamper with any of the trademarks, names or numbers affixed to or marked on the Goods nor allow anyone else to do so.
4.7 If the Goods are manufactured in accordance with any design or specification provided or made by you, you will compensate us in full on demand for all claims, expenses and liabilities of any nature in connection with them, including any claim, whether actual or alleged, that the design or specification infringes the rights of any third party.
4.8 We prohibit the audio or video recording of on-site professional or technical Services, or training and consultancy without the prior written consent of us.
5. CONSUMER RIGHTS
Clause 5 only applies if you are a Consumer
AND purchasing Goods and/or Services by mail order or from our website
5.1 You may cancel a Contract at any time within 5 working days, beginning on the day after you receive the Goods. In this case, subject to clause 5.2 you will receive a full refund of the price paid for the Goods in accordance with our refunds policy which is available on request. This right of cancellation does not apply to any Goods personalised or made to your specification
5.2 To cancel a Contract, you must inform us in writing. We reserve the right reject such a request. If allowed, you must also return the Goods to us, in the same condition in which you received them with the original packaging and the product documentation, and at your own cost and risk. The Goods must not have been used and, where applicable, must not have been removed from the sealed clear packaging. This includes electrical items, which are supplied in sealed clear packaging.
5.3 Subject to clause 5.2, if you want to cancel the Contract or have been supplied with Goods which are incorrect or defective, you must notify us within 7 days from the date of delivery (the “Cooling-Off Period” ), in which a refund, (or if you require an exchange or replacement) will be provided. Without prejudice to clause 14.1.3 and clause 14.3, you will only be entitled to a refund if your notification is provided within 21 days after the Cooling-Off Period has lapsed, otherwise in the event that notification is given after the expiry of this time period, then save as where Goods are defective we reserve the right to issue only an exchange or replacement.
5.4 ONLINE CAR PARTS (PTY) LTD shall have no liability for incorrect Goods purchased by you online for foreign registered cars once the Cooling-Off Period lapses.
5.5 Details of how to exercise this right of cancellation can be obtained by calling the telephone number as stated on the documentation accompanying the Goods.
5.6 You may also cancel an order for Services by calling the telephone number notified to you, within 7 working days of the date of purchase, unless the Services begin sooner, in which case your right to terminate ends upon the date when the performance of the Services starts.
5.7 Consumers wishing to claim a refund, exchange or a replacement of Goods must provide proof of purchase in the form of our invoice for the original supply of such Goods. If in the event an invoice is unavailable, a bank or credit card statement may suffice at our sole discretion.
5.8 Nothing in this clause affects your statutory rights.
6.1 The prices of the Goods and Services will be as quoted in our marketing literature from time to time except in cases of obvious error (see clause 6.7). The prices may be altered at any time without notification to take into account any increase in our costs (including but not limited to the cost of materials, labour, transport or other overheads, any tax, duty or variation in exchange rates).
6.2 The prices that you pay for the Goods and Services will be those ruling (in the case of Goods) at the date of despatch of the Goods or (in the case of Services) our confirmation of the start date of the Services. This clause will not apply to orders placed by you which have been acknowledged in writing by us in which case the prices quoted on the acknowledgment will apply.
6.3 We list prices as both inclusive of vat.
6.4 Unless otherwise specified, if you are a Business Customer, prices quoted exclude delivery to destinations in the Republic of South Africa and we will select the mode of transport. The entire cost of any other mode of transport which you may specify will be borne by you, as will delivery to locations outside of the Republic of South Africa. If you are a Consumer, the delivery costs will be quoted at the time you place your order for Goods. We choose whether to send goods via Overnight Delivery or Economy Freight. If you, the consumer, dictates the mode of transport, you will be liable for additional costs incurred.
6.5 In case of small orders we will be entitled to make a minimum order charge or to add a surcharge for delivery, details of which will be provided to you at the time of order acknowledgment.
6.6 No allowance will be credited for Goods collected from our premises by you rather than delivered by us.
6.7 You acknowledge that we stock a Large Number of Goods and List a Large Number of Services. It is always possible that, despite our best efforts, some prices may be incorrectly listed. We are under no obligation to provide Goods or Services to you at an incorrect, lower price, even after we have acknowledged your order or despatched the Goods or started performance of the Services, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.
6.8 It is expressly stated that some goods have a ZERO PRICE TAG. The products have been added to the catalog and due to a large number of items, we await pricing from our suppliers. These goods in most instances can be added to the cart. We acknowledge this is the case and Expressly/Specifically State that these goods if added to your cart and checked out successfully will not be honored. A reasonable person cannot expect a store to despatch goods for free. Your money will be refunded if a delivery fee has been transacted, or at management's discretion, the goods can be dispatched after payment has been received.
7.1 Unless otherwise stated all quotations are valid only for 7 days from their date of publication.
7.2 Goods quoted for are not reserved.
8.1 If you hold a credit account with us, payment of invoices will be made in full to us without deductions or set-off in accordance with the payment terms notified by us to you or if no such terms are advised, not later than the 20th day of the following month after the invoice date. You guarantee your creditworthiness in placing an order. If after confirmation of the order by us, doubts arise as to your creditworthiness, then all payments will become due immediately unless adequate security can be offered by you.
8.2 Where you do not hold a credit account with us, payment of invoices will be made in full to us without deductions or set-off in cash/guaranteed cheque/credit or debit card when order is placed or on delivery.
8.3 We reserve the right to charge a credit card surcharge if you elect to pay us by credit card.
8.4 Payments by credit or debit card will only be accepted where the cardholder is present in person at our premises or where the card in question has been verified on our website. Payments are authenticated by BankServ 3D Secure Network
8.5 Without prejudice to any other rights that we may have (including the right to suspend any further deliveries or installation), if you fail to pay the invoice price by the due date we may charge you interest on any overdue amount from the date of which payment was due to that on which it is made (whether before or after judgment) on a daily basis in accordance with the National Credit Act.
8.6 We do not accept Cheques.
9.1 The Goods are delivered to you when we make them available to you at a delivery point agreed by us.
9.2 Time of delivery will not be of the essence and any delivery date is an estimate only. We will use all reasonable endeavours to avoid late deliveries. You will have the right to cancel any order without liability to us if delivery is more than 30 days late. This clause 9.2 sets out your only remedy for such delay.
9.3 The quantity of any consignment of Goods as recorded by us upon despatch from our place of business will be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
9.4 We will not be liable for any non-delivery of Goods (even if caused by our negligence) unless written notice is given to us within 7 days of the date when the Goods would in the ordinary course of events have been received.
9.5 Our liability for non-delivery of the Goods will be limited to, at our discretion, replacing the Goods within a reasonable time, issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods or a refund of the purchase price paid.
9.6 Any claim that any Goods have been delivered which do not materially comply with their description will be notified by you to us and (where appropriate, to the carrier) within 7 days of their delivery. Provided that you return such Goods to us in accordance with clause 14, we will at our sole discretion replace such Goods, issue you with a credit note for the price of such Goods or refund the price paid for such Goods. The provisions of this clause 9.6 set out your sole remedy in such circumstances.
9.7 We may at our discretion deliver the Goods by installments in any sequence. Where the Goods are delivered by installments, no default or failure by us in respect of any one or more installments will vitiate the Contract in respect of the Goods previously delivered or undelivered Goods.
9.8 If you fail to take delivery of the Goods or accept the performance of the Services or any part thereof at the time agreed for delivery then we will be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge you for the loss suffered.
9.10 In certain rare instances Overnight Deliveries are delayed due to unforeseen circumstances on the side of the shipping company. Unfortunately, we cannot be held responsible for that
9.11 On Free Delivery purchases you may also send your own courier. This can speed up your delivery. You must plan with us. Please note that no compensation will be afforded to you for this arrangement.
9.12 Regional areas are more than 50 Km's from Metropolitan areas and can take 1-2 Business Days. Remote areas are more than 100 Km's from Metropolitan areas and can take 3-7 Business Days
9.13 Mines, Plots, Farms, Game Reserves, National Parks, Universities, Power Stations, and Rural Areas are excluded. These require special trips and can attract additional charges. To avoid extra charges, you may also elect to collect your goods at the nearest Post Office or Courier Depot or PostNet in your region. Delivery excludes Weekends and Public Holidays. These can be arranged at Additional Costs.
9.14 We take great care when packaging and shipping your goods. Once the goods leave our premises and in the safe custody of our shipping companies; mistakes may happen during transit. Please ensure that when you receive your goods, you inspect it to be free of any damage. Also, confirm you have received the correct quantity before signing the shipping company documents. Please report any damages on the waybill to avoid delays in processing any possible claims.
9.15 We ship to all neighbouring countries. Namibia | Botswana | Swaziland | Zimbabwe | Zambia | Mozambique | Malawi | Kenya and rest of Africa except civil unrest areas.
9.16 The above shipping terms do not apply to International Buyers. Please request a shipping quotation first. International Buyers must please CHECKOUT using the “In-Store Collection”. PayPal is available for all International Buyers. You can also arrange your own collection from our store.
9.17 Insurance not included. Please request insurance if needed.
10.1 It is your responsibility to provide the means for unloading Goods on delivery unless agreed by us in writing otherwise. We will inform you in advance if any special means will be required to unload the Goods at your premises.
11. Storage and disposal
11.1 If you fail to take delivery of the Goods when they are ready for delivery we may, at our option, either store them ourselves or have them stored by third parties on such terms as we may in our own discretion think fit. In any event, the cost of storage will be borne by you.
Clauses 11.2 to 11.3 do not apply unless you are purchasing Goods and Services as a Business Customer
11.2 You shall:
11.2.1 be responsible for the collection, treatment, recovery and environmentally sound disposal of all waste electrical and electronic equipment.
11.2.2 comply with all additional obligations placed upon you by the laws governing waste products.
11.2.3 provide any investigations that may arise with your full co-operation.
11.3 You shall be responsible for all costs and expenses arising from and relating to your obligations in clause 11.2.
Clause 11.4 does not apply unless you are purchasing Goods and Services as a Consumer
11.4 Consumers must take all reasonable steps to recycle electronic equipment.
12. Risk and Title
12.1 Risk in the Goods passes when they are delivered to you.
12.2 You will insure the Goods against theft, or any damage howsoever caused until their price has been paid in full.
12.3 Transfer of goods will pass once we have full ownership from our sellers.
12.4 Notwithstanding clause 12.3, passing of title in the Goods will remain with us and will not pass to you until the amount due under the invoice for them or any other outstanding invoice from us to you (including interest and costs) has been paid in full.
12.5 We may maintain an action for the price of any Goods notwithstanding that title in them has not passed to you.
Clauses 12.6 to 12.8 only apply if you are a Business Customer
12.6 Until ownership of the Goods has passed to you, you must:
12.6.1 hold the Goods on a fiduciary basis as our bailee;
12.6.2 store the Goods (at no cost to us) separately from all other products belonging to you or any third party in such a way that they remain readily identifiable as our property;
12.6.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
12.6.4 maintain the Goods in satisfactory condition and keep them insured on our behalf for their full price against all risks to our reasonable satisfaction. On request you will produce the policy of insurance to us; and
12.6.5 hold the proceeds of the insurance referred to in clause 12.6.4 on trust for us and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
12.7 You may resell the Goods before ownership has passed to you solely on the following basis:
12.7.1 any sale will be effected in the ordinary course of your business at full market value; and
12.7.2 any such sale will be a sale of our property on your own behalf and you will deal as principal when making such a sale.
12.8 Your right to possession of the Goods will terminate immediately if:
12.8.1 you (being an individual) have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of your undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding-up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency in any jurisdiction; or
12.8.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or fail to observe/perform any of your obligations under the Contract or any other contract between us and you, or are unable to pay your debts within the meaning of the Insolvency Act or you cease to trade; or
12.8.3 you encumber or in any way charge any of the Goods; or
12.8.4 anything analogous to the foregoing occurs in any other jurisdiction; and
12.8.5 you breach the provisions of clause 21.1
13.1 Each of the Goods are supplied with the benefit of a warranty given by the Goods’ manufacturers (details of which will be provided to you with the Goods or otherwise on request (“the Warranty”)) provided that you comply with the conditions set out in clause 13.2 as well as any provided with the Warranty (“Warranty Conditions”).
13.2 If Goods become faulty during the period of the Warranty for reasons unconnected with your acts, omissions or misuse of the Goods, you must notify us in writing (including a description of the fault) and return such Goods to us. We will repair (or at our sole option) replace such Goods with the same or superior Goods, without charge, and shall have no further liability to you. If Goods become faulty after expiry of the Warranty, and you request that we replace or repair such Goods, then we shall charge our then standard list price for such repair or replacement.
13.3 Your sole remedy in respect of a failure of the Goods to comply with the Warranty is as set out in the Warranty Conditions.
13.4 We will be afforded reasonable opportunity and facilities to investigate any claims made under the Warranty and you will if so requested in writing by us promptly return any Goods the subject of any claim and any packing materials securely packed and carriage paid to us for examination.
13.5 We will have no liability regarding any claim in respect of which you have not complied with the claim’s procedures in the Warranty Conditions.
13.6 The above warranty is given by us subject to us having no liability in respect of any defect arising from wear and tear, willful damage, negligence, abnormal working conditions, failure to follow our and/or the Goods’ manufacturers’ instructions (whether oral or in writing), misuse or alteration or repair of the Goods without our approval.
13.7 It is highly recommended that this item be fitted by a trained technician who possesses the necessary qualifications. Fitment can also be carried out by an accredited aftermarket repair centre, e.g. RMI accreditation or similar. Repair Technicians must have a qualification and training for the fitment of this specific product and use the correct equipment as specified by the Vehicle Manufacturer. This includes, but not limited to; torque settings, gaskets, specified lubricants, quality consumables, computer-aided settings, calibration settings, specified equipment and tools etc.…
13.8 This product has a 12 Month Warranty or 30 000KM’s; whichever occurs first. If there is a specific label on the product regarding warranty duration; that label will supersede this warranty.
13.9 Please make sure this is the correct item before purchasing. Match OE Numbers on the part removed from the vehicle to the part you are purchasing. Seek professional assistance from a qualified mechanical technician before choosing the correct part for your vehicle or contact your local vehicle manufacturers agent to acquire the correct part numbers. If in doubt, please contact us before purchase.
13.10 Returns are permitted within guarantee period. Buyer must obtain a reference number before returning goods. Returns are subjected to inspection and testing by the relevant supplier or manufacturer before a claim is finalised. All documents related to the fitment must be supplied e.g. Job Card, Odometer Reading, Fitment Centre Accreditation.
13.11 Some manufacturers do not accept returns on automotive electrical products. These products have been rigorously tested and passed quality assurances prior to leaving the factory. Electrical Products are extremely sensitive. Some vehicles may have existing Electronic or Electrical Degradation within the Electrical Framework of the vehicle which may cause irreparable damage to the new part; upon fitment. Detailed Diagnostics must be supplied acknowledging that a specific part is faulty prior to purchase of the new part and not just generic fault codes indicating a cluster of parts may be faulty. Fault codes from palm-held diagnostic machines are not accepted. Please make sure you understand this prior to purchase.
14. REFUNDS POLICY
14.1 When you return Goods to us:
14.1.1 because you canceled the Contract in accordance with clause 5 (Consumer Rights), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day, you have given notice of your cancellation. In this case, we will refund the price of the Goods to be returned in full, excluding the cost of sending the Goods to you. However, you will be responsible for the cost of returning the Goods to us;
14.1.2 that has been correctly supplied; you will return the goods to us in its original packaging and with no damage and it must be in a condition that’s acceptable to be purchased by another consumer. There is a re-stocking fee of 20% of the purchase price that will be deducted off the refunded amount. Refunds will be processed as stated in these terms and conditions and must be effected by the same means as the original purchase. EFT via EFT; Cash via Cash, Credit Card via Credit Card.
14.1.3 which are incorrectly supplied and/or are returned as new in their original packaging, these items shall be refunded, exchanged or replaced if they are returned within 7 (Seven) days of date of purchase of the Goods and proof of purchase (as provided at clause 5.7) is supplied; and
14.1.4 for any other reason, we will examine the returned Goods and will notify you in writing or via e-mail within a reasonable time of any refund to which you are entitled. We will usually process the refund due to you as soon as possible thereafter. The returned goods must be in the same condition in which you received them with the original packaging and the product documentation. The Goods must not have been used and, where applicable, must not have been removed from the sealed clear packaging. This includes electrical items, which are supplied in sealed clear packaging. Goods returned to us because they fail to comply with the Warranty will be refunded in accordance with the provisions of the Warranty Conditions. Goods returned must be free of grease, contaminants, work packaging.
14.2 We will normally refund any money received from you using the same method originally used by you to pay for your purchase.
14.3 "Special Order" means any Goods that are not held in stock by us (a non-stock item) and are therefore ordered and/or manufactured specifically as per your request. Payment in full is required for such Special Orders at the time the Special Order is placed with us. Special Orders are non-refundable except at our sole discretion or if the Contract is canceled within the Cooling-Off Period as provided at clause 5.3. ONLINE CAR PARTS (PTY) LTD reserves the right to apply a restocking fee of 25% of the price of the Special Order, which shall be deducted from any refund due to you.”
14.4 “International Orders” means any Goods that are not held in stock by us (a non-stock item) and are therefore ordered and/or manufactured specifically as per your request and Ordered from an International Location. You have accepted the goods and its technical specifications. Goods that are ordered Internationally are subjected to delivery within 14 to 20 working days. In the event of any delays on the side of the shipping company or Law Enforcement e.g. SARS Customs, we will not be held liable whatsoever. Under No Circumstances will refunds be given if goods have been withheld indefinitely by Customs and Exercise.
15. Exchange Unit Surcharges
15.1 Where service exchange units are purchased, you will be invoiced with a sum referred to as a “surcharge” which is in respect of the old unit that you may return to us. If the old unit is returned within 7 days from the delivery date a credit note will be issued by us in respect of the “surcharge” provided that the old unit is identical to the unit purchased and in a condition in our sole discretion that enables it to be re-manufactured.
16.1 We will perform the Services with reasonable care and skill.
16.2 If we fail to perform the Services in accordance with clause 16.1 or at all, then your sole remedy will be the re-performance of those Services by us.
16.3 Any timescales given by us to you in respect of the performance of the Services are approximate only.
17.1 If the Services include installation services we will provide detailed instructions to you about site preparation and other requirements required during the installation.
17.2 If you fail to fully comply with the requirements in clause 17.1, we reserve the right to charge you for any additional work required as a result or if we are unable to complete the
18. SUPPORT AND MAINTENANCE
18.1 The provisions of this clause 18 will only apply if the Services purchased by you include the provision of support and maintenance services.
18.2 We will provide you with such technical advice by telephone, e-mail, fax, and web access during our normal business hours for the duration of the period for which you purchase such Services (“Cover Period”) as is reasonably necessary to resolve your difficulties and queries in using such goods supplied to you and identified by us. The objective of this service is to provide an initial advice and guidance service. It is not a substitute for management consultancy, project management, implementation control, system consultancy, or product training and is available only to your competent trained employees.
18.3 You will:
18.3.1 provide us with such information, assistance and facilities as we may reasonably require to enable us to perform the Services set out in this clause 18; and
18.3.2 direct all enquiries for technical advice to our helpdesk number notified to you from time to time.
18.4 The support and maintenance services do not apply:
18.4.1 to the extent that you failed to follow any instructions relating to the operation, use and maintenance of the Goods (and where you install the Goods, instructions as to installation of the
18.4.2 to the extent that the query arises from user incompetence, abuse, improper use or use in an environment or for a purpose for which the Goods were not designed or intended;
18.4.3 if you or other third party alters or repairs the Goods without our written consent; or
18.4.4 to the extent that the query is attributable to third party materials including any equipment to which the Goods are incorporated which is not provided by us.
18.5 You will pay any additional charge levied by us, at our then prevailing rates, for support and maintenance services provided at your request but which fall within the exclusions in
18.6 The Services referred to in this clause will run for the Cover Period and will (unless terminated earlier in accordance with these terms) continue thereafter unless or until terminated by either party serving no less than 90 days’ prior notice on the other, such notice to expire on the last day of the Cover Period or subsequent anniversary thereof. We reserve the right to vary the fee payable for such Services on or before each anniversary of commencement of the Cover Period.
19. Limitation of Liability
19.1 Subject to the provisions of these terms, the following provisions set out the entire financial liability of us (including any liability for the acts or omissions of our employees, agents, and sub-contractors) to you in respect of:
19.1.1 any breach of these terms; and
19.1.2 any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
19.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest
extent permitted by law, excluded from the Contract.
19.3 Nothing in these terms excludes or limits our liability:
19.3.1 for death or personal injury caused by our negligence;
19.3.2 under certain sections of the Consumer Protection Act;
19.3.3 for fraud or for fraudulent misrepresentation; or
19.3.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
19.4 Subject to clause 19.3, we will not be liable to you for:
19.4.1 any indirect or consequential, special or punitive loss, damage, costs or expenses;
19.4.2 loss of profit;
19.4.3 loss of business;
19.4.4 loss of income or revenue;
19.4.5 loss or corruption of or damage to data;
19.4.6 waste of management or office time; or
19.4.7 depletion of goodwill.
19.5 Subject to clause 19.3, our total liability to you under or connected with these terms will not exceed 125% (one hundred and twenty-five percent) of the price payable for the Goods and/or Services for any one event or series of connected events.
20. TERMINATION AND SUSPENSION
20.1 We may at our discretion suspend or terminate the supply of any Goods or Services if you fail to make any payment when and as due or otherwise defaults in any of your obligations under the Contract or any other agreement with us or if any of the events set out in clause 12.8 occur.
20.2 On the termination of the Contract for any reason:
20.2.1 we will not be obliged to supply any Goods and Services ordered by you unless already paid for; and
20.2.2 all payments payable to us under the Contract will become due immediately upon termination of this Contract despite any other provision.
20.3 The termination of this Contract will not affect the respective rights and liabilities of each of the parties thereto which accrued prior to such termination nor any provisions which either
expressly or impliedly are to remain in operation after termination.
20.4 Orders accepted by us are cancellable only at our discretion and we may charge for all work carried out or expenses incurred in relation to the order before our acceptance of cancellation.
21.1 You shall:
21.1.1 comply with all applicable laws in the Republic of South Africa, statutes, regulations relating to anti-corruption;
21.1.2 not engage in any activity, practice or conduct which would constitute an offence under the applicable laws in the Republic of South Africa;
21.1.3 not induce or reward us or our directors, officers, representative, contractors or personnel to perform or improperly perform a function or activity in connection with this Contract;
21.1.4 directly or indirectly request, agree to receive or accept any financial or other advantage as an inducement or a reward for improper performance of a function or activity in connection with this Contract;
21.1.5 if you are a business, organisation, partnership, limited liability partnership or a company, have and maintain in place throughout the Contract your own policies and procedures including but not limited to adequate procedures under any corruption laws to ensure compliance with the same and to enforce where appropriate;
21.1.6 promptly report to us any request or demand for any undue financial or other advantage of any kind received by us or our directors, officers, representative, contractors or personnel or any undue financial or other advantage of any kind given by us in connection with the performance of this Contract.
21.2 Without prejudice to clause 20.1, we may terminate the supply of any Goods or Services to you forthwith if you breach any of the provisions of clause 21.1 above.
22. Force Majeure
22.1 We will not be liable for any failure in the performance of any of our obligations under the Contract caused by factors outside our control.
23. Law and Jurisdiction
23.1 This Contract will be governed by South African Law and you consent that all legal action will be instituted at the jurisdiction of the court where the seller operates it business. This is currently North of Johannesburg, District of Randburg.
24.1 Any notice given under this Contract will be in writing and may be served personally, by registered or recorded delivery mail, by facsimile transmission (the latter confirmed by post), or by any other means which any party specifies by notice to the other.
24.2 Each party's address for the service of notice will be:
24.2.1 Us - the address specified in https://www.onlinecarparts.co.za/en/content/3-company-information
1.2 or such other address and facsimile number as we specify by notice to you; and
24.2.2 You – the address and facsimile number given to us at the time an order is placed with us.
24.3 A notice will be deemed to have been served: if it was served in person, at the time of service, if it was served by post, 48 hours after it was posted, and if it was served by facsimile
transmission, at the time of transmission.
25.1 Each of our rights or remedies under the Contract is without prejudice to any other right or remedy that we may have whether under the Contract or not.
25.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it will to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the
remaining provisions of the Contract and the remainder of such provision will
continue in full force and effect.
25.3 Failure or delay by us in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of our rights under the Contract.
25.4 Any waiver by us of any breach of, or any default under, any provision of the Contract by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other
terms of the Contract.
26 Promotional Code Terms and Conditions (the “Terms”)
By using any Promotional Code, you are agreeing in addition to the following Terms;
26.1.1 On occasion Online Car Parts (PTY) Ltd (‘ONLINE CAR PARTS (PTY) LTD’) will offer promotional and discount codes herein described as ‘Promotional Code’ via different channels (including without limitation discount, offers, promotions, prize draws, voucher codes, competitions etc.) to new and existing customers.
26.1.2 Where there is any conflict in the Terms with any other terms whatsoever attached to any other advertising material in respect of such Promotional Code, these Terms shall apply. Save as for the Terms herein, ONLINE CAR PARTS (PTY) LTD Standard Terms and Conditions of Sale shall apply to purchases made by you from ONLINE CAR PARTS (PTY) LTD.
26.2 General Terms of usage:
26.2.1 A Promotional Code may only be redeemed online at www.onlinecarparts.co.za
26.2.2 A Promotional Code cannot be used in conjunction with any other offer, discount, or promotion. Only one Promotional Code can be used per transaction.
26.2.3 A Promotional Code is redeemed by entering such code at the appropriate point on the online purchase process for a qualifying purchase.
26.2.4 A Promotional Code is not exchangeable for cash and is not to be used in conjunction with any other offer, discount or promotions. The Promotional Code cannot be used for the purchase of gift vouchers and/or gift cards.
26.2.5 The Promotional Code is non-transferable and non-refundable.
26.2.6 The Promotional Codes are not available to employees of ONLINE CAR PARTS (PTY) LTD or any other associated companies of ONLINE CAR PARTS (PTY) LTD.
26.2.7 No responsibility is accepted by ONLINE CAR PARTS (PTY) LTD for Promotional Code that is illegible, lost, delayed or damaged during any such promotion, on any media or channel delivered via or electronically on the website. Promotional Code not submitted in accordance with these Terms, or incomplete, illegible, or otherwise defective shall be rejected and/or disqualified and ONLINE CAR PARTS (PTY) LTD’s decision is final.
26.2.8 By entering any such Promotional Code, all participants agree to participate in any publicity arising from any awards, free offers, etc.. and ONLINE CAR PARTS (PTY) LTD reserves the right to feature the name, photograph and location of the participant in any future marketing materials, website publications, promotions, or competitions unless such participant raises objections in writing and in accordance with the Consumer Protection Act.
26.2.9 By entering any such Promotional Code, your personal data will be held by Online Car Parts (PTY) Ltd for the purpose of administering any Promotional Code and contacting you in relation to the same.
26.3 Period of Use
26.3.1 A Promotional Code is only valid during the period identified and, on the dates, and for the products specified in the media, it was delivered in.
26.3.2 If no period is specified above, the Promotional Code shall be valid for no longer than 7 days from launch.
26.3.3 ONLINE CAR PARTS (PTY) LTD reserves the right to
(i) cancel or withdraw any Promotional Code,
(ii) refuse to allow any consumer to participate in the Promotional Code,
(iii) decline to accept orders where, in its opinion, the Promotional Code is invalid for the order being placed
(iv) Exclude any single or group of products from a 'general'
(v) amend these Terms (and will use reasonable endeavours to notify changes to
participants via ONLINE CAR PARTS (PTY) LTD website www.onlinecarparts.co.za
26.4 Returns of products or cancellation of order
26.4.1 In the case of a free item being offered, all items are subject to availability and ONLINE CAR PARTS (PTY) LTD reserves the right to substitute such free item for any reason, for that of similar quality [and value]. Free items are not items with a zero cost next to it. Free items are clearly marked "FREE" and not R0.00
26.4.2 In the case of a returned order, any free items must be returned as new, at the same time. Failure to return the item as new, or in part, whole or at all, then ONLINE CAR PARTS (PTY) LTD reserves the right to deduct the full price of the free part from your credit.
26.4.3 In the case of a credited part or order, only the amount paid will be credited.
26.4.4 Where the redemption of a Promotional Code is subject to a minimum spend requirement, redemption is only permitted in respect of the purchase of the qualifying products (as communicated to you when issuing the Promotional Code). In the case of no minimum spend being visible, the amount which has to be spent can be found in the checkout when processing your order. If the order is below this value, you will be advised at this stage.
26.4.5 Where a Promotional code has been communicated via email the Promotional Code is nontransferable and the email address provided with the order must be the same as the email address to which the Promotional Code was sent.
26.4.6 These Terms are governed by and construed in accordance with South African law and exclusive jurisdiction of the South African Courts in the event of a dispute.
26.4.7 Your statutory rights remain unaffected by any of the terms and conditions above.
27. Registration Voucher
27.1 All terms before point 27 apply and if any conflicts exist between point 27 and any preceding point, the preceding point will take precedence.
27.2 Vouches are designed to encourage new registrations.
27.3 One voucher per individual i.e. per identity number.
27.4 Registration can be from multiple persons per household.
27.5 Fraudulent registrations will be treated as such and will be dealt with in accordance with the Law.
27.6 Multiple email registrations from the same person will invalidate any vouchers given to that individual and or redeemed fraudulently and a recovery process will be instituted for all losses suffered by Online Car Parts (PTY) Ltd.
27.7 Internet Protocol address tracking software will be used on an ad-hoc basis to validate entries.
27.8 Registrations can take up to 72 hours to validate and vouchers will only be loaded once that process has transpired.
28. Out of Stock Item
28.1 We stock a massive catalog. We try our best to always have the item but in the event that you have purchased an item that’s "in stock" and later find that this item is not, we have the right to source the goods within seven (7) days failing which we are not obliged to honour the sale and will refund your purchase with 7 Days.
30. Customer Privacy
30.1 Online Car Parts shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569in.
31. Payment Options Accepted
31.1 Online Car Parts accepts Visa, MasterCard, Diners or American Express Cards or by bank transfer into the (Your Company) bank account, the details of which will be provided on request.
32. Card Acquiring and Security
30.1 Card transactions will be acquired for Online Car Parts via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
33. Customer details separate from card details
33.1 Customer details will be stored by Online Car Parts separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.
34. Merchant Outlet country and transaction currency
34.1 The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
35.1 Online Car Parts takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
36. Country of Domicile
This website is governed by the laws of South Africa and Online Car Parts chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, Shop A7 Northview Shopping Centre, Cnr Malibongwe Drive, and Olievenhout Avenue, Northgate, Randburg, Johannesburg, South Africa.
37. Safety, Product Information and Limitation of Liability
Proper Service and Repair Procedures are vital to the Safe, Reliable Operation of all Motor Vehicles as well as the Personal Safety of those performing the repairs. Standard safety procedures and precautions (including use of safety goggles, proper tools, and correctly specified equipment) should be followed at all times to eliminate the possibility of personal injury or improper service which could damage the vehicle or compromise its safety. Buyers and Web Visitors must always Consult a Professional Automotive Technician before purchasing products from this website to avoid any problems in fitment. It is always advisable to contact the vehicle manufacturer or the vehicle manufacturers handbook before any purchases are made by the buyer.
Although the information provided in this website has been prepared with the intent of providing reliable information, No Warranty (Express or Implied) is made to its accuracy or completeness. Thus, the information contained in this website should be treated as a courtesy and strictly for information purposes. Neither is any liability assumed for Loss or Damage resulting from reliance on this website. Online Car Parts (PTY) Ltd SPECIFICALLY STATES, NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY IS MADE OR TO BE IMPLIED WITH RESPECT TO THIS WEBSITE. In No event will Online Car Parts (PTY) Ltd or its affiliates, agents, resellers, staff, suppliers be liable for any damages, direct or indirect, consequential or compensatory, arising out of the use of this website.
38. Errors and Omissions Excepted (E&OE)
Errors and Omissions Excepted. We have a large catalogue and errors may occur. Please note we have the right to correct our mistake. We do not accept any financial loss regarding these errors. Please note that if the picture does not correspond with the description and price, the price and description will take precendence over the picture.
Online Car Parts may, in its sole discretion, change this agreement or any part thereof at any time without notice.
40. Company information
This website is run by Online Car Parts (PTY Ltd based in South Africa trading as Online Car Parts and with registration number 2014/040386/07 and Directors.
41. Company Details
Company Physical Address:
Shop A7 Northview Shopping Centre,
Cnr Malibongwe Drive and Olievenhout Avenue,
Telephone Number – 011 794 6009
Please use this link to Contact Us
Last Successful Update on – 25 May 2020