Terms and Conditions
Acceptance of Terms
The Supplier permits the use of this Website subject to these
terms and conditions ("the Terms and Conditions"). By using this
Website in any way, you shall be deemed to have accepted all the Terms and
Conditions unconditionally. You must not use this Website if you do not agree
to the Terms and Conditions. Your use of any accommodation offered by us will
also be subject to applicable provisions of the Terms and Conditions. In the
event of any conflict between the Terms and Conditions and any other conditions
stipulated elsewhere, including in one of our Suppliers, the Terms and
Conditions as contained herein will prevail.
Use of the Website
The contents of this Website, including any content, information,
software, icons, text, links, graphics, lay-outs, images, sound clips, trade
names, logos, trademarks and service marks are protected by law, including but
not limited to copyright and trade mark law, and are owned by or licensed to
The Supplier. No license to or right in any of such contents is granted to or
conferred upon you. Any unauthorized use, distribution or reproduction of the
said contents is prohibited.
By entering this Website, you agree that you will not use any
device, software or other instrumentality to interfere or attempt to interfere
with the proper working of the Website and that you will not take any action
that imposes an unreasonable or disproportionately large load on our
infrastructure. In addition, you agree that you will not use any robot, spider,
other automatic device, or manual process to monitor or copy the pages of the
Website or the content contained herein, without the prior written consent from
an authorized The Supplier representative (such consent is deemed given for
standard search engine technology employed by Internet search websites to
direct Internet users to this Website). You may not use the Website to
distribute material which is defamatory, offensive, and unlawful or contains
hate speech.
Disclaimer
While The Supplier takes reasonable measures to ensure that the
contents of this Website are accurate and complete, The Supplier makes no
representations or warranties, whether express or implied, as to the quality,
timeliness, operation, integrity, availability or functionality of this Website
or as to the accuracy, completeness or reliability of any information on this
Website. The Supplier reserves the right to make changes, corrections and/or
improvements to the information and to the products and programs described in
such information, at any time without notice.
The Supplier will use reasonable endeavours to maintain the
availability of the Website, except during scheduled maintenance periods, and
reserves the right to discontinue providing the Website or the service or any
part thereof with or without notice to you. Any person who accesses this
Website or relies on this Website or on the information contained in this
Website does so at his or her own risk.
In addition to the disclaimers contained elsewhere in these Terms
and Conditions, The Supplier also makes no warranty or representation, whether
express or implied, that the information or files available on this Website are
free of viruses, spyware, malware, trojans, destructive materials or any other
data or code which is able to corrupt, destroy, compromise or jeopardise the
operation, stability, security functionality or content of your computer
system, computer network, hardware or software in any way. The Supplier does
not accept any responsibility for any errors or omissions on this Website.
Linked Third-Party Website and Third-Party
Content
This Website may contain links or references to other websites
outside of our control, including those of advertisers. These Terms and
Conditions do not apply to those websites and The Supplier is not responsible
for the practices and/or privacy policies of those sites or the cookies those
sites use.
In addition, because The Supplier has no control over such
external sites and resources, you acknowledge and agree that The Supplier is
not responsible for ensuring the availability of such external websites or
resources and does not endorse and is not responsible or liable for any
content, advertising, products, or other materials on or available from such
websites or resources. Your use of such other websites is entirely at your own
risk and we are not responsible for any loss, expense, claim or damage, whether
direct, indirect or consequential, arising from your use of such other websites
or your reliance on any information contained on those websites.
Permission for Hyperlinks, Deep Linking,
Crawlers and Metatags
Nobody may establish a hyperlink, frame, metatag or similar
reference, whether electronically or otherwise (collectively referred to as
linking), to this Website or any subsidiary pages before receiving the prior
written approval of an authorized representative of The Supplier, which may be
withheld or granted subject to such conditions The Supplier may specify from
time to time. Furthermore, this Website or any part hereof may not be
"framed" or "deep linked" in any way whatsoever.
This Website may from time to time contain message boards which
allow users to comment on their experience at The Supplier. At times those
comments may contain references to matters not related to The Supplier. Those
references do not necessarily represent the views of The Supplier.
Limitation of Liability
THE SUPPLIER SHALL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE
FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT CONTAINED IN THE
WEBSITE OR ANY LINKED WEBSITE, OR ANY INABILITY TO USE THE WEBSITE, OR ANY
UNLAWFUL ACTIVITY ON THE WEBSITE CAUSED BEYOND THE REASONABLE CONTROL OF THE
SUPPLIER.
YOU HEREBY INDEMNIFY THE SUPPLIER AGAINST ANY LOSS, CLAIM OR
DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY
FROM YOUR USE OF THIS WEBSITE OR THE RECEIPT BY YOU OF AN ELECTRONIC MAIL FROM
THE SUPPLIER OR ONE THAT PURPORTS TO EMANATE FROM THE SUPPLIER, UNLESS THE
LOSS, CLAIM OR DAMAGE ARISES AS A RESULT OF THE GROSS NEGLIGENCE OF THE
SUPPLIER.
Changes to these Terms and Conditions
The Supplier reserves the right to update and/or amend the Terms
and Conditions from time to time and without any notice, and you are
accordingly encouraged to check the Website regularly. Any such change will
only apply to your use of this Website after the change is displayed on this
Website. If you use this Website after such updated or amended Terms and
Conditions have been displayed on this Website, you will be deemed to have
accepted such updates or amendments.
Termination
The Supplier may in its sole discretion terminate, suspend and
modify this Website and/or your use of this Website, with or without notice to
you. You agree that The Supplier will not be liable to you in the event that it
chooses to suspend, modify or terminate this Website or your use of this
Website.
Governing Law
The Terms and Conditions shall be governed and interpreted in
accordance with the laws of the Republic of South Africa and application for
any of the services offered on these pages or sites will constitute your
consent and submission to the jurisdiction of the South African courts
regarding all proceedings, transactions, applications or the like instituted by
either party against the other, arising from any of the terms and conditions
pertaining to such services.
Registration with MIOSA (Motor Industry Ombud
of South Africa):
The Minister of Trade and Industry prescribed an industry code for
the automotive industry and same was published in the Government Gazette on the
17th of October 2014. In terms of the notice the code will come into operation
(3)three months after the publication of same in the Government Gazette,
therefore the code is already in force and effect.
The Purpose of the Code is to regulate relations between persons
conducting business within the automotive industry and to provide for a scheme
of alternative dispute resolution between the consumers and all participants in
the industry and to create an industry ombud to provide alternative dispute
resolution services.
The Code applies to the entire Automotive Industry as defined in
the code of conduct irrespective of whether such persons are members of any
automotive industry association. The code relates to the conduct for the supply
of goods and services by the Automotive Industry and consumers within the
Republic of South Africa and focuses on consumer protection, supplier guidance
and fair business practices.
The Automotive Industry for the purpose of the code means:
importers, distributors, manufacturers, retailers, franchisors, franchisees,
suppliers, intermediaries who import, distribute, produce, retail or supply
passenger, recreational, agricultural, industrial, or commercial vehicles,
including but not limited to passenger vehicles, truck, motor cycles, quod
cycles, whether self-propelled or not or an internal combustion propelled
engine for a boat, or import, distribute, manufacture, retail or supply any completed
components and/or accessories to such vehicles, and/or renders a related repair
or replacement service to consumers in respect of such vehicles, and trailers,
and anyone who modifies, converts or adapts vehicles.
The Code will be implemented by the Motor Industry Ombudsman of
South Africa (MIOSA) and its interpretation is vested in MIOSA.
REFUND POLICY
1.
REFUND POLICY
1.1
No Refunds on
Correctly Supplied Goods: We do not
provide refunds for goods that have been correctly supplied, including
situations where products have been supplied, installed, or where customers
have changed their mind or made an incorrect purchasing decision.
1.2
No Refunds for
Improper Installation: We do not
provide refunds for parts that have been incorrectly fitted or damaged when
installation is carried out by non-accredited personnel or entities.
1.3
No Refunds for
Modified or Installed Goods: We do not
provide refunds for goods that have been partially or entirely disassembled,
physically altered, permanently installed, affixed, attached, joined, added to,
blended, combined with, or embedded within other goods or property.
2.
RETURNS AND
CANCELLATIONS
2.1
Handling Fees: All returned goods or cancelled orders will
automatically incur a handling fee of twenty percent (20%) handling fee on the
total order amount.
2.2
Special Order Cancellations: Cancelled
orders requiring parts to be removed and stripped from vehicles will incur a
twenty percent (20%) handling fee on the total order amount.
2.3
Non-Refundable Deposits: Deposits paid
for special ordered goods are non-refundable under all circumstances.
3.
WARRANTY
CONDITIONS
3.1
Engine Warranty: All engines are covered by a start-up warranty
only.
3.2
Gearbox Warranty: All gearboxes are covered by a fitment warranty
only.
3.3
Installation Requirements: Parts, engines,
and gearboxes must be installed by mechanics or workshops that are accredited
members of the Retail Motor Industry Organisation (RMI) or authorized
dealerships. Installation by non-accredited RMI members or non-authorized
dealerships will void all warranties.
4.
ORDERING AND PAYMENT TERMS
4.1
Deposit Requirements: A fifty percent (50%) deposit is required for all
orders where parts must be removed or stripped from vehicles, or for special
order parts.
4.2
Storage Charges: CK Auto Spares reserves the right to charge
additional storage costs if customers fail to collect their parts within seven
(7) days of notification.
5.
ELECTRICAL PARTS DISCLAIMER
In
accordance with Section 55(6) of the Consumer Protection Act, No. 68 of 2008,
customers are hereby informed that all electrical parts are sold in used or
pre-owned condition. By purchasing electrical parts, customers expressly agree
to accept these items in their current used or pre-owned condition and
acknowledge that no warranty is provided for these products.
6.
CUSTOMER INDEMNIFICATION
Customers hereby indemnify and hold CK Motor Spares (Pty) Ltd harmless
against all liabilities, damages, costs, and expenses incurred as a result of
returning materially defective products. These liabilities, damages, costs, and
expenses include but are not limited to transport costs for defective goods,
provision of replacement products, and repackaging or reassembly of products
after repair work requested by the customer, provided that the goods have not
been partially or entirely disassembled, permanently installed, affixed,
attached, joined, added to, blended, combined with, or embedded within other
goods or property.