1. About Us
We operate the website www.automotorcycles.co.za. We are Auto Motorcycles, a company registered in South Africa under company number 1997/018054/23 and our registered office is at 153 Heugh Road, Walmer, Port Elizabeth. Our VAT number is 4850169295.To contact us, please see our Contact Us page or email us at: firstname.lastname@example.org
2. Our Products
a. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products.
b. The packaging of the Products may vary from that shown on images on our site.
c. All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the product you have ordered is not available.
d. All products are sold as single items, unless otherwise indicated.
3. Use of Our Site
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
4. How We Use Your Personal Information
5. Consumers Rights
You may only purchase Products from our site if you are at least 18 years old.
a. As a consumer, you have legal rights in relation to Products that are unwanted, faulty or not as described. Please consult The South African Consumer Protection Act, 2008 (Act, No. 68 of 2008) & The South African Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002).
b. Nothing in these Terms will affect these legal rights.
6. The Contract between Us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by AUTO MOTORCYCLES we will confirm that your order has been accepted by sending an email to you at the email address you provide to us. Our acceptance of your order brings into existence a legally binding contract between us.
7. Our Right to Refuse Your Order
We reserve the right to refuse to accept your order for any reason including, without limitation and whether or not payment has been received by us, if:
a. We have insufficient stock to deliver the goods you have ordered;
b. We do not deliver to your area; or
c. One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do refuse your order we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
8. Your Right to Cancel Your Contract
a. You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you ordered the goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
b. To cancel your contract you must notify us in writing at: AUTO MOTORCYCLES, 153 Heugh Road, Walmer, Port Elizabeth, South Africa or email: email@example.com. If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
c. Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.
d. If you cancel the contract but do not return the goods to us in the condition they were in when delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
9. Delivery of Goods to You
a. We aim to deliver your order within 5-10 working days. All delivery timescales are subject to stock availability.
All orders under R1500.00 are subject to a delivery charge. Costs are dependent on location and weight of order. Outlying areas may incur an additional delivery charge. You will be notified if this is the case and have the option to cancel the purchase or deposit the additional charge.
b. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
c. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
d. You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
10. Events beyond Our Control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
11. Entire Agreement
These terms and conditions, together with our current website prices, delivery details and contact details, set out the whole of our agreement relating to the supply of the goods to you by us and except where you are dealing as a consumer:
a. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us; and,
b. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
12. Returns and Refunds
a. Auto Motorcycles must receive notification immediately should any goods arrive in a damaged state. The items must be returned within 7 days of receipt, accompanied by a returns number (issued by Auto Motorcycles) and the sales documentation. Goods must be returned in the original packaging in which they were received and all refunds or exchanges are subject to approval by Auto Motorcycles Un-used goods will only be accepted if returned within 7 days of receipt. Items must be in new, un-used, original condition and packaged as originally received. A returns number and original sales documentation must be enclosed. We regret that we are unable to accept returns of DVD's once the seal has been broken.
b. Due to the nature of the product we regret that safety helmets can only be accepted for return as a result of manufacturing defects or the goods being received by the customer in a damaged condition. Note that all helmets are thoroughly inspected and approved by Auto Motorcycles prior to dispatch to the customer. Please ensure that you order the correct size.
c. Goods that have been used cannot be returned or exchanged unless they are deemed to be defective in manufacture. Should this be the case the item will be covered by the guarantee of the individual manufacturer for your protection, where you are returning an item to us, we recommend that you use a recorded-delivery service. Please note that you will be responsible for the costs of returning the goods to us unless we delivered the item to you in error or the item is faulty. Please contact us by email prior to returning any goods.
13. Price of Products
a. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the RSA.
b. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
a. We accept VISA/MASTERCARD cheque card, credit card, direct bank deposit or EFT.
b. Payment for the Products and all applicable delivery charges are in advance.
15. Our Liability to You
a. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
b. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
c. To the extent permitted by law, we do not accept any liability for any failure or fault in any Products arising as a result of you adapting or modifying such Products in any way.
d. We do not in any way exclude or limit our liability for:
I. death or personal injury caused by our negligence;
II. fraud or fraudulent misrepresentation; defective products under The South African Consumer Protection Act, No. 68 of 2008 & The South African Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)
16. Communication between Us
a. When we refer, in these Terms, to "in writing", this will include e-mail.
b. To cancel a Contract in accordance with your legal right to do so as set out in clause 12, you must contact us through firstname.lastname@example.org or by sending a letter to Returns Department, AUTO MOTORCYCLES, 153 Heugh Road, Walmer, Port Elizabeth, South Africa. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
c. If you wish to contact us in writing for any other reason, you can do this by contacting us through email@example.com or by sending a letter to Returns Department, AUTO MOTORCYCLES, 153 Heugh Road, Walmer, Port Elizabeth, South Africa
d. If we have to contact you or give you notice in writing, we will do so by e-mail or by REGISTERED post to the address you provide to us in your order.
17. Other Important Terms
a. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
b. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing
c. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
d. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
e. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
f. Please note that these Terms are governed by South African law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by South African Law. You and we both agree that the courts of South Africa will have exclusive jurisdiction.