1.Introduction
ALS CARSPARES is a company duly registered within the Republic of South Africa in accordance with the Companies Act 71 of 2008 and adheres to the Consumer Protection Act 68 of 2008 (the “CPA”), the Protection of Personal Information Act 4 of 2013 (the “POPI”) and the Electronic Communications and Transactions Act 25 of 2002 (the “ECTA”) including all amendments and regulations thereto. ALS CARSPARES provides an online web platform for the sale and supply of goods to retail and wholesale customers.
2.Use of the Website and Online Platform
Your use, access and interaction with this website or online platform is subject to and governed by the terms and conditions set out below. Should you not agree to any of the terms contained below, you are to immediately cease using the website or online platform. Your continued usage constitutes acceptance of all the terms and conditions set out below.
3.Definitions and Interpretation
In this Agreement, unless the context otherwise requires, the following definitions shall apply:
“Agreement” means this agreement between ALS CARSPARES and the Consumer or Retailer subject to the terms and conditions set out below
“Business Day” means any day (other than Saturday or Sunday) on which clearing banks are open for business in South Africa.
“Consumer” means a Consumer in terms of the Consumer Protection Act 68 of 2008.
“The Consumer Protection Act” means the Consumer Protection Act 68 of 2008 (the “CPA”)
“The Protection of Personal Information Act of 2013” means the Protection of Personal Information Act of 2013 (the “POPI”)
“Personal Data” means all data supplied to ALS CARSPARES by or on behalf of the Consumer or Retailer pursuant to this Agreement which is defined as personal data under the POPI Act.
“Privacy Policy” means the Privacy Policy available on ALS CARSPARES Website or Online Platform which the Consumer or Retailer assents to.
“Shopping Cart” means any and all goods selected by the Consumer or Retailer or User which once selected form part of the User’s order. The shopping cart serves merely as an online item placeholder for goods prior to the transaction being finalized. ALS CARSPARES reserves the right to remove, modify or otherwise change the items available in the shopping cart at any time. Items in the shopping cart may be available for a limited period of 48 HOURS only taking into consideration demand and availability of stock. Items are sold on a “first come first serve” basis and ALS CARSPARES cannot guarantee the availability of items in the user’s shopping cart.
“Checking Out/Check Out” means any and all goods selected by the Consumer or Retailer which are then confirmed and accepted by User in completion of the transaction.
“Contract” means the completion of an order and commencement of a legally binding agreement between ALS CARSPARES and the Consumer or Retailer.
“Order” means a purchase completed or submitted by means of the ALS CARSPARES Website or Online Platform.
“You/Your” means the Consumer, Retailer or User of the ALS CARSPARES Website or Online Platform including both Consumers and Retailers.
“User” means any natural person who makes use of, transacts on, contracts with, or makes use of the ALS CARSPARES Website or Online Platform including both Consumers and Retailers.
“Website or Online Platform” means the ALS CARSPARES Website and Online Platform, including its Official Social Media Accounts, Mobile Websites and Mobile Applications.
Where the context permits, words denoting:
(a) persons shall include bodies corporate and unincorporated associations of persons;
(b) the singular include the plural and vice versa; and
(c) one gender shall include any gender.
All headings are for ease of use and reference only and shall not affect the interpretation or construction of these terms and conditions in any way.
4.Formation of a Legally Binding Contract
ALS CARSPARES offers goods or services by means of its Website and Online Platform, which may be purchased by Consumers or Retailers via electronic or other transaction methods. Upon registering on the ALS CARSPARES Website or Online Platform, the Consumer or Retailer may place an order for the purchase of goods, which shall constitute a valid acceptance of the offer and thereby a legally binding Agreement of Sale. The sale shall be completed and in effect once the Consumer or Retailer has completed and submitted an electronic order via the Website or Online Platform and completed “Check Out” of items available in the User’s “Shopping Cart” Upon completion of the online sale, payment via one of the available transaction options becomes immediately due, owing and payable including any applicable taxes and delivery charges. The Consumer, Retailer or User of the Website or Online Platform warrants, by use and continued use of the ALS CARSPARES services that he/she is over the age of 18 and possesses the necessary consent and faculties to transact with ALS CARSPARES.
5.Accepted Payment Methods
ALS CARSPARES reserves the right to obtain validation of the User’s payment details before delivery of the Goods. Once payment has been made for an order, the Order remains valid as an offer until ALS CARSPARES issues a Confirmation of Order or a notice revoking the Order as the case may be. All goods shall remain the sole property of ALS CARSPARES until payment has been effected in full by the User. Once payment has been effected a valid sale shall have been concluded encompassing an offer by ALS CARSPARES and acceptance by the User. ALS CARSPARES offers the following methods of payment in completion of your transaction:
Payment via Credit and Debit Cards
ALS CARSPARES accepts Credit Card and Debit or Cheque card payment via Visa and MasterCard only. These transactions shall be secure by means of our designated service provider, who shall ensure that your information is kept secure, that the correct amounts are debited and that your information is not disclosed without authorization or leaked, changed or misused. Should you have any concerns related to your card payment you are to contact us immediately via our designated customer service channels below. The User warrants that he/she is in possession of sufficient funds to complete the transaction and shall be liable for any additional service charges should the transaction be rejected.
Payment via Electronic Funds Transfer (E.F.T)
ALS CARSPARES shall accept payment of funds at its sole and exclusive discretion via electronic funds transfer which requires the User to transfer funds directly from his/her bank account into ALS CARSPARES account through electronic banking systems.
If this method is available the User will be redirected to ALS CARSPARES secure payment gateway and asked to required to select his/her bank. The details for the EFT payment will then be displayed, along with instructions regarding references and details of payment. All EFT payments shall require proof of payment to be sent to our designated EFT payments email address before the order is processed. Should the proof of payment not be received, ALS CARSPARES reserves the right to request same and/or within a reasonable time cancel the transaction. ALS CARSPARES reserves the right to charge any additional banking or service fees which may be incurred by means of this payment method.
6.Supply of Goods
ALS CARSPARES shall at all times endeavour to supply goods that are in a good condition, safe and fit for the purposes for which they are purchased as contemplated in Section 55 of the Consumer Protection Act (the “CPA”) Notwithstanding this, ALS CARSPARES makes no warranties or guarantees relating to goods that are sourced from external suppliers, manufacturers and retailers. Once an order has been confirmed, the onus remains on the User to ensure the correctness of the order and that the appropriate make, model and types have been selected without derogating from the Returns Policy below. While ALS CARSPARES endeavors to maintain reasonable amounts of stock available to consumers, it cannot guarantee the availability of any items listed on the website or online platform. ALS CARSPARES, shall at all times exercise reasonable care in ensuring that the pricing of goods on the website and online platform is accurate and up to date – However, ALS CARSPARES cannot and shall not be liable to consumers, retailers, or users of the website or online platform in the event of pricing errors due to system malfunction, human error or otherwise.
Limitation of Liability
Unless otherwise provided in any further written agreement, ALS CARSPARES shall not be liable to Consumers, Retailers or Users for any indirect, consequential, special, incidental or punitive damages which may arise out of the use of ALS CARSPARES Website or Online Platform or the supply or resale of any goods or services.
7.Information and Data Protection – POPI
In this clause the terms “data subject” and “process” have the meanings given to them in the Protection of Personal Information Act of 2013 (POPI). Each party warrants to the other that, in relation to this Agreement, it shall comply strictly with all requirements of POPI. ALS CARSPARES shall ensure that all information collected from Consumers, Retailers and Users shall be collected for the specific purposes of interacting, transacting and conducting business, including information obtained for the purposes of marketing and advertising.
ALS CARSPARES warrants that it has appropriate technical and organizational measures in place to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data held or processed by it and that it has taken reasonable steps to ensure the reliability of any of its staff who have access to Personal Data processed in connection with this Agreement. ALS CARSPARES will co-operate with and assist any Consumer, Retailer or User at no charge in allowing data subjects to exercise their rights under the The Protection of Personal Information Act of 2013 and will comply with any reasonable request made by Consumers, Retailers or Users to ensure compliance with the measures mentioned in the Act.
The Consumer, Retailer or User warrants that it will notify ALS CARSPARES immediately of any correspondence it may receive from any local data protection regulator and any successor or replacement body relating to Personal Data or any complaint from an individual about the processing of Personal Data in connection with this Agreement.
If ALS CARSPARES becomes aware of the loss or compromise of, or any damage to, any Personal Data which it is processing in connection with this Agreement it will:
(a) immediately notify the Consumer, Retailer or User of the details of the incident and
(b) promptly initiate a full investigation into the circumstances surrounding the incident and make any reports of notes of the investigation available to the Consumer, Retailer or User;
8.General
This Agreement together with relevant provisions of the Privacy Policy constitutes the entire agreement between ALS CARSPARES and the Consumer, Retailer or User and supersedes all previous agreements and arrangements (if any) whether written, oral or implied. The Consumer, Retailer or User acknowledges that, in entering into this Agreement, it has not relied on any representations by ALS CARSPARES, made before the execution of this Agreement other than those expressly set out in this Agreement. Any amendments to this agreement shall be provided to the Consumer, Retailer or User upon the next usage of the Website or Online Platform and continued usage thereof shall constitute acceptance of such agreement.
All images and information relating to logos, fonts, brands, products, content, pricing, sizes, specifications, and other proprietary information, hosted on the website or online platform remain the sole and exclusive property of ALS CARSPARES. Copying, distributing, usage, dissemination, alteration, and manipulation thereof without the express written consent of ALS CARSPARES is an offence and shall be punishable to the full extent of the law.
Any notice required to be given under this Agreement shall be given in such manner as is expressly provided below in terms of this agreement shall be given in writing signed by a person duly authorised by the sending party and delivered by hand, e-mail or registered mail to the recipient at its address specified in this Agreement (or as otherwise notified from time to time to the sender by the recipient for the purposes of this Agreement).
This Agreement shall be governed by and construed in all respects in accordance with South African law and the Courts of the Republic of South Africa shall have exclusive jurisdiction. If any provision or any part of this Agreement is held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be deemed not to form part of this Agreement but the enforceability of the remainder of this Agreement shall not be affected.
9. Returns and Refunds
Exchange and Refund Policy
We will refund or exchange most goods if you return them within 7 days of purchase, provided:
- it is in its original packaging and condition, including all attachments, accessories and documentation;
- it is unused and you have your proof of purchase which is your receipt.
- a 20% handling fee will be incurred.
Returns and exchange requests for items purchased more than 7 days ago might incur collection, delivery and processing fees. However, goods that show a manufacturing defect within the first 6 months of purchase will be repaired, replaced or refunded at no cost to you.
Please note that any courier service fees are not refundable.
Sensors or any electrical items sold carry no warranty whatsoever.
10.Address For Notices
ALS CARSPARES chooses the following address for the receipt of notices, processes, documentation and communications. Should any communications not be directed to the addresses below, ALS CARSPARES reserves the right to deem such notices, processes or communications as undelivered and incorrectly served.
Enquiries to: Leeyakath
Physical Address:113 Morewood Road, Clare Estate, Durban.
Customer Service: 082 838 0943
