1.1 In these terms and conditions:
1.1.1 we, us and our refer to EET Europarts Ltd (registered in South Africa under company number 200\007606\07 and with its registered address at 5 Mount Joy Rd, Wilbart,Germiston).
1.1.2 you and your refer to the purchaser of any goods from us
1.1.3 contract means these terms and conditions together with your order confirmation
1.1.4 goods means any product or services you order from us
1.1.5 order means an order placed by you with us for the purchase of goods
1.1.6 order confirmation mean our acceptance of your order
1.1.7 consumer means any natural person who, when placing an order with us, is acting for purposes which are outside his or her trade, business or profession
1.1.8 website means our website at www.eeteuroparts.co.za or any EET Europarts Group website
2. Business sales
If you order goods other than as a consumer (eg because you are a business) then:
2.1 these terms and conditions do not apply; and
2.2 our business terms and conditions shall apply to your order and any resulting contract between you and us.
3. Terms of the contract
3.1 All orders for goods shall be regarded as an offer by you to purchase goods on these terms and conditions. We may or may not accept your order at our discretion.
3.2 We may change these terms and conditions at any time. Any changes will apply to any orders that you place after the time that we update the terms and conditions on our website. The changes will not apply to any order that you place before we make the changes on our website.
3.3 We have taken care to ensure that our website (including the help pages) and these terms and conditions do not contradict each other. However if there are any inconsistencies or contradictions then these terms and conditions shall apply instead of any contradictory or inconsistent part of our website.
3.4 We will accept your offer to purchase goods under these terms and conditions by issuing an order confirmation at which point the contract between us will become binding.
3.5 Whilst we will make every effort to supply you with the goods listed on the order confirmation, there may be occasions where we are unable to supply these goods because, for example, (i) the goods are no longer being manufactured or available or (ii) if there was a pricing error on our website. In such circumstances we will contact you to inform you and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods then we will repay you any money that you may have paid to us in respect of those goods.
4. Price and Payment
4.1 We make every effort to ensure that prices and descriptions of goods shown on our website are accurate at the time you place your order.
4.2 The price of the goods will be shown on your order confirmation and invoice.
4.3 VAT is payable by you at the applicable rate as indicated on your invoice.
4.4 You must also pay a delivery charge of the goods as indicated on our website and your invoice.
4.5 We accept payment by a Debit Card, Credit Card, Cash or EFT for orders including VAT, orders over R10000.00 including VAT payment by credit/debit card will not be accepted.
4.6 If you are paying by credit or debit card then you must supply your card details when you place your order. Your credit or debit card will be charged when we process your order. We will not deliver the goods to you until your card issuer has authorised the use of your card for payment of the goods. If we do not receive such authorisation we shall contact you.
4.7 Unfortunately we do not accept cheques as payment.
4.8 We will send an order confirmation, your invoice and your goods to the billing address indicated in your order confirmation. We may however only send the documents by email where you have indicated an email address on your order form.
4.9 To ensure that your credit or debit card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with South African data protection legislation.
4.10 You must pay for the goods before we deliver them to you. We may suspend delivery of the goods until full payment is received. If we have delivered goods and the goods remain neither paid for nor made available for collection when reasonably demanded then we may recover the outstanding payment and/or the goods and the recovery costs are to be paid by you.
5.1 All deliveries will be made from our warehouse on an “Ex Works” basis which means that all transportation costs and risks will be assumed by you.
5.2 We will deliver the goods that you order to the delivery address specified in your order confirmation unless you are paying for the goods by credit or debit card in which case, we will deliver the goods to the billing address for your credit or debit card as indicated on your order confirmation.
5.3 The delivery date specified in the order confirmation is an estimate only.
5.4 You must examine all goods immediately upon receipt and notify us of any missing, incorrectly delivered, incorrect specification or otherwise not as ordered goods or which are either in damaged packaging or visibly damaged by notifying the courier and us in writing at the time of delivery.
5.5 If there is no one available to accept the delivery when our courier arrives, the courier will keep the goods for up to two days and you can arrange for a new delivery date. If you do not accept delivery of the goods within two days of the delivery date specified in your order confirmation we reserve the right to treat the order as cancelled by you. In this case we will refund the price of the goods, but we shall retain the amount you paid for delivery.
5.6 If you give us an incorrect or incomplete delivery address and as a result we try but are unable to make the delivery, we reserve the right to treat the order as cancelled by you. In this case we will refund the price of the goods, but we shall retain the amount you paid for delivery.
5.7 If some of the goods you ordered are not available we may deliver part of your order. We will deliver the rest of the order as soon as possible afterwards.
6. Passing of Ownership & Risk
6.1 Ownership of the goods and risk passes to you on the later receipt by us of full payment or delivery of the products to you as specified in clause 5.1 above. We may recover goods supplied at any time prior to ownership passing if you are in breach of these terms and conditions.
6.2 Risk meaning:-
6.2.1 within the period specified in clause 7.1 and in all circumstances a duty to take reasonable care of the goods received; and
6.2.2 after the period specified in clause 7.1 responsibility for damage caused to or by use, handling or storage of the goods passes to you when we deliver the goods to you.
7. Your right to cancel your order return goods and receive a refund
7.1 You may cancel your order by notifying us no later than 7 working days after the day we deliver the goods to you that you are cancelling the contract.
7.2 On cancellation of your order you are obliged to return the goods to us in their original condition, undamaged and at your own cost and risk.
7.3 If you cancel an order, you must take reasonable care of the goods from the time you receive them until you return them to us. We shall reserve the right to take action against you for goods returned which have been made unfit for resale or damaged whilst in your possession.
7.4 If you do not return the goods within the period specified in clause 7.1 then we reserve the right to charge a restocking fee of 30% of the price of the goods returned.
7.5 If you cancel an order and do not return the goods as required, we may charge you our direct costs of recovering the goods.
7.6 On cancellation of the order we will refund to you the price paid, less the cost of recovering goods (when applicable) within a period of 10 working days from the date of cancellation.
8. Faulty goods
8.1 In these terms and conditions, faulty goods means any goods we supply to you that do not conform to the contract. Faulty goods does not include any goods that are faulty due to fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with their intended use, failure to follow the manufacturer's or our instructions, or any alteration or repair carried out without the prior approval of us or the manufacturer.
8.2 You should notify us as soon as possible of any missing incorrectly delivered or otherwise not as ordered good or goods which are faulty.
8.3 Our website gives details of how to notify us of any faulty goods and how to arrange for the problem to be resolved. All RMA requests must be submitted using our on- line returns tool. Please refer to our website for details.
8.4 If you return faulty goods to us you may do so at your own cost and risk. You must ensure that all faulty goods are returned properly and securely packaged and labelled with our address.
8.5 No refund will be processed until the goods have been returned to us. Any refund for faulty goods will include a refund of the applicable delivery charge.
8.6 If you return goods because you think they are faulty we may charge you the cost of all transport and our actual costs and expenses in the event that the goods are checked and found to have no fault.
9. Force majeure
We shall make every effort to perform our obligations under this contract. We shall not be liable for any failure to perform, or delay in performing, any of our obligations under the contract if and to the extent that the failure or delay is caused by circumstances beyond our control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
10. Limitation of liability
10.1 Nothing in the contract shall limit or exclude our liability for death or personal injury caused by our negligence or fraud or any breach or any liability which cannot be excluded by law.
10.2 We shall not be liable to you for any loss or damage:-
10.2.1 where there is no breach of a legal duty owed to you by us or by our employees or agents;
10.2.2 where such loss or damage is not reasonably foreseeable to us when we accept your order; or
10.2.3 to the extent that any increase in loss or damage results from a breach by you of any term of the contract.
10.3 Subject to clause 10.1 our maximum liability to you under the contract whether in contract, tort (including negligence) or otherwise shall not exceed a sum equivalent to twice the value of the goods that you ordered.
10.4 These terms and conditions do not affect your rights as a consumer.
Images of goods on our website are for illustrative purposes only and may differ slightly from the actual goods.
12.1 We take your privacy very seriously. We do not use the information you provide to us for any purpose other than to process your order for goods or to provide you with information about our products and services which we think you may find of interest.
12.2 Your personal information shall not be used for any other purpose and shall be held on a secure server and processed in accordance with all applicable South African data protection legislation.
12.3 Your personal information may be used by us and other companies within our group in accordance with this clause. We take all reasonable care to prevent any unauthorised access to your personal data. Personal data will not be sold or transferred to unaffiliated third parties without your prior consent.
12.4 The information that we collect from you may include:-
12.4.1 personal details such as your name, email address, telephone and fax numbers, billing and/or delivery address
12.4.2 financial information such as your credit card or debit card details.
12.4.3 data which enables us to recognise you and how you use our website.This data is collected by cookies. A cookie is a small file which we send to your computer and which is then stored to your browser or hard disk. It contains a unique number but no personal data. Data collected by cookies will not otherwise be passed to any third party and is kept for our internal use only.
12.5 If you do not want us to contact you with details of our products and services then please send an email to us at firstname.lastname@example.org.
These terms and conditions and our contract with you are governed by South African law and are subject to the non-exclusive jurisdiction of the South African courts.