Terms & Conditions

TERMS AND CONDITIONS OF SALE Last Updated: October 17, 2025 Version 1.0 ================================================================================ IMPORTANT NOTICE: These Terms and Conditions constitute a legally binding agreement between you and Automotive Spares. Please read these terms carefully before using our website or purchasing any products. By accessing our website, creating an account, or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use our website or services. ================================================================================ 1. DEFINITIONS In these Terms and Conditions, unless the context indicates otherwise: • "Automotive Spares", "we", "us", or "our" refers to Automotive Spares, the operator of automotivespares.co.za • "Website" refers to automotivespares.co.za and all associated web pages and services • "Customer", "you", or "your" refers to any person who accesses or uses our website or purchases products from us • "Products" refers to automotive spare parts, components, and accessories offered for sale on our website • "Order" refers to a customer's request to purchase products through our website • "Services" refers to the e-commerce platform, website features, and related services we provide • "CPA" refers to the Consumer Protection Act, 2008 (Act No. 68 of 2008) of South Africa • "POPIA" refers to the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) • "ECTA" refers to the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002) ================================================================================ 2. ACCEPTANCE OF TERMS AND CONTRACT FORMATION 2.1. By accessing or using our website, you agree to be bound by these Terms and Conditions, our Privacy Policy, and all applicable laws and regulations. 2.2. When you place an order on our website, you are making an offer to purchase products. A binding contract is formed when: a) You submit your order and complete payment through PayFast b) We send you an order confirmation email c) We accept your order by processing it for shipment 2.3. We reserve the right to accept or decline any order at our sole discretion before dispatch. 2.4. These Terms and Conditions apply to all sales of products and provision of services through our website. 2.5. Any variation or amendment to these terms must be agreed to in writing by both parties. ================================================================================ 3. ELIGIBILITY AND ACCOUNT REGISTRATION 3.1. Age Requirement: You must be at least 18 years of age to create an account and purchase products from our website. By registering or placing an order, you warrant that you are 18 years or older. 3.2. Account Creation: To purchase products, you must create an account by providing: • Your full name • Valid email address • Phone number • Physical address (for shipping purposes) • Secure password 3.3. Account Security: You are responsible for: • Maintaining the confidentiality of your account credentials • All activities that occur under your account • Notifying us immediately of any unauthorized use of your account • Ensuring your account information remains accurate and up to date 3.4. We reserve the right to suspend or terminate accounts that violate these Terms or are used for fraudulent or illegal activities. 3.5. POPIA Compliance: By creating an account, you consent to the collection, processing, and storage of your personal information as described in our Privacy Policy. ================================================================================ 4. PRODUCTS AND PRODUCT INFORMATION 4.1. Product Descriptions: We strive to provide accurate descriptions, specifications, and images of all products. However: • Product images are for illustrative purposes and may differ slightly from the actual product • We do not warrant that product descriptions are completely accurate, current, or error-free • Specifications are provided by manufacturers and may be subject to change • Colors displayed may vary depending on your monitor settings 4.2. Product Availability: All products are subject to availability. We reserve the right to: • Limit quantities available for purchase • Discontinue products without prior notice • Substitute products with equivalent alternatives (with your consent) 4.3. AUTOMOTIVE-SPECIFIC REQUIREMENTS: 4.3.1. Part Compatibility: It is YOUR RESPONSIBILITY to: • Verify that the part is compatible with your specific vehicle make, model, and year • Check part numbers, specifications, and fitment details before ordering • Consult a qualified mechanic or automotive professional if you are unsure about compatibility • We are not responsible for incorrect part selection or compatibility issues 4.3.2. Technical Specifications: Automotive parts are technical products: • Specifications are provided by manufacturers • We recommend professional installation for all mechanical and safety-critical parts • Improper installation may void warranties and create safety hazards 4.3.3. OEM vs. Aftermarket Parts: Unless specified as "OEM" (Original Equipment Manufacturer): • Parts may be aftermarket equivalents manufactured to meet or exceed OEM specifications • Quality and fitment are guaranteed to industry standards • Some aftermarket parts may require minor modifications for installation ================================================================================ 5. PRICING AND PAYMENT 5.1. Pricing: • All prices are displayed in South African Rand (ZAR) • All prices include Value Added Tax (VAT) at the current rate (15%) • Prices are subject to change without notice • The price applicable is the price displayed at the time you complete your order 5.2. Pricing Errors: In the event of a pricing error: • We reserve the right to cancel the order and notify you • We will offer you the option to purchase at the correct price or receive a full refund • We are not obligated to honor incorrect pricing 5.3. Payment Terms: • Payment must be made in full before products are dispatched • We accept payment via PayFast, which supports credit cards, debit cards, and instant EFT • All payments are processed securely through PayFast's PCI-compliant payment gateway • We do not store your credit card information on our servers 5.4. Payment Confirmation: • You will receive an email confirmation once payment is successfully processed • Orders are only processed after payment confirmation • Failed or cancelled payments will result in order cancellation 5.5. VAT Invoices: VAT-registered customers will receive a tax invoice with their order confirmation email. ================================================================================ 6. ORDERS AND ORDER ACCEPTANCE 6.1. Placing Orders: When you place an order, you must: • Provide accurate and complete information • Review your order carefully before submitting • Ensure your shipping address is correct and complete 6.2. Order Confirmation: After placing your order: • You will receive an automated order confirmation email • This email confirms receipt of your order but does not constitute acceptance • We will send a separate email when your order is processed and ready for dispatch 6.3. Right to Refuse or Cancel Orders: We reserve the right to refuse or cancel any order: • If products are not available or out of stock • If pricing or product information is incorrect • If we detect fraudulent or unauthorized transactions • If delivery address is outside our service area • If we are unable to verify your payment information • For any other reason at our sole discretion 6.4. If we cancel your order, we will notify you and provide a full refund within 7 business days. ================================================================================ 7. SHIPPING AND DELIVERY 7.1. Shipping Partner: We use The Courier Guy for all deliveries within South Africa. 7.2. Delivery Options: • Standard Delivery: 3-5 business days • Express Delivery: 1-2 business days • Collect at Store: FREE (available at our location in East London, Eastern Cape) 7.3. Shipping Costs: Shipping fees are calculated based on: • Delivery address and distance • Package weight and dimensions • Selected delivery speed • Shipping costs are displayed during checkout before payment 7.4. Delivery Address: • You must provide a complete and accurate physical address (we do not deliver to P.O. Boxes) • Delivery is available to all provinces in South Africa • Please ensure someone is available to receive the delivery • We are not responsible for failed deliveries due to incorrect addresses 7.5. Delivery Timeframes: • Delivery times are estimates only and not guaranteed • We are not liable for delays caused by couriers, weather, strikes, or force majeure events • Business days exclude Saturdays, Sundays, and South African public holidays 7.6. Tracking: You will receive a tracking number via email once your order is dispatched. Track your order at thecourierguy.co.za or through your account on our website. 7.7. Risk and Title Transfer: • Risk of loss and damage transfers to you upon delivery to the courier • Title (ownership) of products transfers to you upon full payment and delivery • Please inspect packages upon delivery and report any damage to the courier immediately 7.8. Failed Delivery: If delivery fails due to: • No one available to receive the package • Incorrect or incomplete address provided by you • Refusal to accept delivery You will be responsible for additional delivery charges for re-delivery attempts. ================================================================================ 8. RETURNS, REFUNDS, AND CONSUMER PROTECTION ACT RIGHTS 8.1. Your rights regarding returns and refunds are detailed in our Returns & Refunds Policy, available at automotivespares.co.za/returns. 8.2. Consumer Protection Act (CPA) Cooling-Off Period: • You have the right to cancel your order within 7 days of receiving the products • This applies to unused products in original packaging • See our Returns Policy for full details and exclusions 8.3. AUTOMOTIVE PARTS - CRITICAL RETURN RESTRICTIONS: • Once automotive parts are installed or fitted on a vehicle, they CANNOT be returned • This is for safety, liability, and hygiene reasons • Parts with broken seals, opened packaging, or signs of installation are not eligible for return • Electrical and electronic components cannot be returned once packaging is opened 8.4. Defective Products: If you receive a defective product: • Contact us within 7 days of delivery • We will arrange collection at no cost to you • You will receive a replacement or full refund (including shipping costs) 8.5. Refund Processing: • Approved refunds are processed within 7-14 business days • Refunds are issued to the original payment method used • Shipping costs are non-refundable unless the error was on our part ================================================================================ 9. WARRANTIES 9.1. Manufacturer Warranties: • Products are covered by manufacturer warranties where applicable • Warranty periods and terms vary by manufacturer and product type • Warranty information is provided with the product or available upon request • We act as an intermediary for warranty claims; warranties are honored by manufacturers 9.2. Warranty Exclusions: Warranties do NOT cover: • Damage caused by improper installation • Normal wear and tear • Misuse, abuse, or neglect • Modifications or alterations to the product • Damage caused by accidents or environmental factors • Products installed by unqualified persons 9.3. We warrant that: • Products are free from defects in materials and workmanship at the time of sale • Products conform to the descriptions provided on our website 9.4. Disclaimer: TO THE FULLEST EXTENT PERMITTED BY LAW: • We make no warranties beyond those expressly stated • We disclaim all implied warranties of merchantability and fitness for a particular purpose • We do not guarantee that products will meet your specific requirements ================================================================================ 10. LIMITATION OF LIABILITY AND AUTOMOTIVE-SPECIFIC DISCLAIMERS 10.1. LIMITATION OF LIABILITY: To the fullest extent permitted by South African law, Automotive Spares shall NOT be liable for: • Any indirect, incidental, special, consequential, or punitive damages • Loss of profits, revenue, business, or anticipated savings • Loss of data or information • Business interruption or loss of business opportunity • Any damages arising from your use or inability to use our website or products • Any damages exceeding the purchase price of the product(s) in question 10.2. AUTOMOTIVE-SPECIFIC DISCLAIMERS AND LIABILITY EXCLUSIONS: 10.2.1. No Installation Services: • We sell automotive parts only; we DO NOT provide installation services • We are not responsible for installation costs or installation errors • We strongly recommend professional installation by qualified mechanics for all automotive parts 10.2.2. Installation Liability: • YOU ARE SOLELY RESPONSIBLE for ensuring proper installation of all products • We are NOT liable for any damage, injury, or loss resulting from: - Improper installation or fitment of parts - Installation by unqualified persons - Failure to follow manufacturer installation instructions - Use of incorrect parts or tools during installation 10.2.3. Vehicle Safety and Performance: • We are NOT responsible for vehicle performance, safety, or reliability after installation of parts • We are NOT liable for accidents, injuries, or deaths resulting from: - Part failure during use - Improper installation or maintenance - Use of parts on vehicles they were not designed for - Failure to perform proper vehicle maintenance 10.2.4. Part Compatibility: • It is YOUR SOLE RESPONSIBILITY to verify part compatibility with your vehicle • We are NOT liable for: - Ordering incorrect parts - Parts that do not fit your specific vehicle - Damage to your vehicle caused by installing incompatible parts 10.2.5. Professional Advice: • Information provided on our website is for general guidance only • We do NOT provide professional automotive advice or recommendations • Always consult a qualified mechanic or automotive technician for: - Part selection and compatibility - Installation procedures - Vehicle-specific advice - Safety-critical repairs 10.2.6. Parts Installed at Customer's Risk: • You acknowledge that automotive repair and maintenance involves inherent risks • You assume all risks associated with purchasing, installing, and using automotive parts • You agree to hold us harmless from any claims arising from the use of products purchased from us 10.3. CPA Compliance: Nothing in these Terms shall limit your rights under the Consumer Protection Act to the extent such limitation is prohibited by law. 10.4. Maximum Liability: Our total aggregate liability to you for any and all claims arising from your use of our website or purchase of products shall not exceed the amount you paid for the product(s) in question. ================================================================================ 11. INTELLECTUAL PROPERTY 11.1. Website Content: All content on our website is protected by copyright, trademark, and other intellectual property laws: • Website design, layout, graphics, and code • Product descriptions, images, and photographs • Logos, trademarks, and brand names • Written content and documentation 11.2. Ownership: All intellectual property rights in the website and its content are owned by Automotive Spares or our licensors. 11.3. Limited License: You are granted a limited, non-exclusive, non-transferable license to: • Access and use our website for personal, non-commercial purposes • View and print content for your own personal use 11.4. Prohibited Uses: You may NOT: • Copy, reproduce, or distribute website content without written permission • Modify, reverse engineer, or create derivative works • Use content for commercial purposes • Remove copyright or proprietary notices • Use our trademarks or logos without authorization 11.5. Third-Party Trademarks: Product names, brands, and trademarks are property of their respective owners. Use of these trademarks does not imply endorsement or affiliation. ================================================================================ 12. USER CONDUCT AND PROHIBITED ACTIVITIES You agree NOT to: 12.1. Use our website or services for any unlawful purpose or in violation of these Terms 12.2. Engage in fraudulent activities, including: • Using stolen credit cards or payment information • Creating fake accounts • Placing orders with no intention to pay 12.3. Interfere with website operations or security: • Attempting to gain unauthorized access to our systems • Introducing viruses, malware, or harmful code • Overloading our servers or disrupting service 12.4. Scrape, copy, or harvest data from our website using automated tools 12.5. Impersonate any person or entity or misrepresent your affiliation 12.6. Post or transmit any unlawful, offensive, or inappropriate content 12.7. Violation of these terms may result in immediate account termination and legal action. ================================================================================ 13. PRIVACY AND DATA PROTECTION 13.1. Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information in compliance with POPIA. 13.2. By using our website and services, you consent to the collection and processing of your personal information as described in our Privacy Policy, available at automotivespares.co.za/privacy. 13.3. We collect and process personal information for: • Order processing and fulfillment • Payment processing through PayFast • Delivery arrangements via The Courier Guy • Customer service and support • Marketing communications (with your consent) 13.4. Your rights under POPIA include: • Right to access your personal information • Right to correction of inaccurate information • Right to deletion of your information (subject to legal retention requirements) • Right to object to processing for marketing purposes 13.5. To exercise your POPIA rights, contact us at info@automotivespares.co.za. ================================================================================ 14. DISPUTE RESOLUTION AND GOVERNING LAW 14.1. Governing Law: These Terms and Conditions are governed by the laws of the Republic of South Africa. 14.2. Jurisdiction: You consent to the exclusive jurisdiction of the South African courts for any disputes arising from these Terms or your use of our website. 14.3. Dispute Resolution Process: • Step 1: Contact us at info@automotivespares.co.za to resolve the issue informally • Step 2: If unresolved, either party may refer the dispute to mediation • Step 3: If mediation fails, disputes may be referred to the courts of South Africa 14.4. Consumer Protection Act: Nothing in this clause affects your rights to approach the National Consumer Commission or Provincial Consumer Protection Authority under the CPA. 14.5. Legal Costs: Each party shall bear their own legal costs unless a court orders otherwise. ================================================================================ 15. FORCE MAJEURE 15.1. We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to: • Natural disasters (floods, fires, earthquakes) • War, terrorism, civil unrest, or riot • Government actions, regulations, or restrictions • Strikes, labor disputes, or lockouts • Supplier failures or shortages • Pandemics or public health emergencies • Courier or delivery disruptions • Power outages or telecommunications failures 15.2. During force majeure events: • Our obligations are suspended for the duration of the event • We will make reasonable efforts to notify affected customers • We may cancel orders and provide full refunds if performance becomes impossible ================================================================================ 16. SEVERABILITY 16.1. If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court: • That provision shall be deemed severed from these Terms • The remaining provisions shall remain in full force and effect • The invalid provision shall be replaced with a valid provision that achieves the same commercial objective ================================================================================ 17. ENTIRE AGREEMENT 17.1. These Terms and Conditions, together with our Privacy Policy and Returns Policy, constitute the entire agreement between you and Automotive Spares. 17.2. These Terms supersede all prior agreements, understandings, or representations, whether written or oral. 17.3. No employee, agent, or representative has authority to vary these Terms unless in writing and signed by an authorized representative of Automotive Spares. ================================================================================ 18. WAIVER 18.1. Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future. 18.2. Any waiver must be in writing and signed by an authorized representative of Automotive Spares. ================================================================================ 19. CHANGES TO THESE TERMS AND CONDITIONS 19.1. We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. 19.2. When we make changes: • We will update the "Last Updated" date at the top of this page • For material changes, we will provide prominent notice on our website or via email • Changes become effective immediately upon posting unless otherwise specified 19.3. Your continued use of our website after changes are posted constitutes your acceptance of the modified Terms. 19.4. We encourage you to review these Terms periodically to stay informed of any updates. 19.5. If you do not agree with modified Terms, you must stop using our website and services. ================================================================================ 20. CONTACT INFORMATION If you have any questions, concerns, or complaints regarding these Terms and Conditions, please contact us: Automotive Spares Email: info@automotivespares.co.za Website: automotivespares.co.za Business Hours: Monday to Friday, 8:00 AM to 5:00 PM SAST We aim to respond to all inquiries within 2 business days. ================================================================================ 21. COMPLIANCE STATEMENT Automotive Spares is committed to compliance with all applicable South African legislation, including: • Consumer Protection Act, 2008 (Act No. 68 of 2008) • Protection of Personal Information Act, 2013 (Act No. 4 of 2013) • Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002) • Value Added Tax Act, 1991 (Act No. 89 of 1991) • National Credit Act, 2005 (Act No. 34 of 2005) where applicable We reserve the right to update these Terms to maintain compliance with changes in South African law. ================================================================================ ACKNOWLEDGMENT BY CREATING AN ACCOUNT, PLACING AN ORDER, OR USING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. If you do not agree, you must not use our website or services. ================================================================================ © 2025 Automotive Spares. All rights reserved. Last Updated: October 17, 2025 Version 1.0