Terms & Conditions
ONLINE TERMS AND CONDITIONS OF SALE
Please read carefully through our Terms & Conditions
Unless otherwise expressly stated, or the context otherwise requires, the words and expressions listed below shall, when used in this Agreement, including this definitions clause, bear the meanings ascribed to them:
1.1. “Agreement” means the agreement entered into between the Parties comprising of these Terms and Conditions of Sale, which may be amended by 413 Racing from time to time and are available on the Website;
1.2. “Courier” means the third-party courier contracted by 413 Racing on behalf of the User to deliver the Goods purchased to the User;
1.3. “CPA” means the Consumer Protection Act 68 of 2008, as amended from time to time;
1.4. “Customer” or “User” means the person who visits the website and/or purchases the Goods from the 413 Racing On-Line Store and shall include any ultimate end user of the Goods;
1.5. “ECT Act” means the Electronic Communications and Transactions Act 25 of 2002, as amended from time to time;
1.6. “EFT” means electronic funds transfer;
1.7. “Intellectual Property” means all copyright, trademarks, designs, patents and the like recognized as a class of intellectual property;
1.8. “Parties” means 413 Racing and the User/Customer and “Party” shall mean either one of them as the context requires;
1.9. “Personal Information” means information about an identifiable individual as defined more fully in the Promotion of Access to Information Act 2 of 2000;
1.10. “Price” means the price quoted by 413 Racing on its Website which is payable by the User in return for the Goods purchased by him/her from 413 Racing
1.11. “Products” or “Goods” mean all items including services presently being sold or supplied online by 413 Racing including, but not limited to clothing, motorcycle wear, accessories and apparel, helmets, footwear, and other accessories as well as tires and spares.
1.12. “VAT” means Value-Added Tax payable in terms of the VAT Act;
1.13. VAT Act” means the Value-Added Tax Act 1991, as amended;
1.14. “Website” means 413 Racing’s website located at http://www.413racing.co.za.
1.1 This website can be accessed at www.413racing.co.za (the “Website”) and is owned and operated by 413 Racing’s directors from time to time. (“413 Racing”, “we”, “us” and “our”).
1.2 These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
1.3 These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your”, “customer” or “user”). By using the Website you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.4 The Website enables you to shop online for an extensive range of goods including, but not limited to, clothing, motorcycle wear, accessories and apparel, helmets, footwear, and other accessories as well as tires and spares (“Goods”).
2. IMPORTANT NOTICE
2.1 These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2.2 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
2.2.1may limit the risk or liability of 413 Racing or a third party; and/or
2.2.2 may create risk or liability for the user; and/or
2.2.3 may compel the user to indemnify 413 Racing or a third party; and/or
2.2.4 may serve as an acknowledgement, by the user, of a fact.
2.3 Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
2.4 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask 413 Racing to explain it to you before you accept the Terms and Conditions or continue using the Website.
2.5 Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or 413 Racing in terms of the CPA.
2.6 413 Racing permits the use of this Website subject to 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.
3. USE OF THE WEBSITE
3.1 By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
3.2 You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorized 413 Racing representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
3.3 You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorized 413 Racing representative.
4. CONCLUSION OF SALES AND AVAILABILITY OF STOCK
4.1 User’s may place orders for Goods, which 413 Racing may accept or reject. Whether or not 413 Racing accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorization by 413 Racing for the Goods.
NOTE: 413 Racing will indicate the acceptance of your order by delivering the Goods, via courier, to you or allowing you to collect them and only at that point will an agreement of sale between you and 413 Racing come into effect (the “Sale”). This is regardless of any communication from 413 Racing stating that your order or payment has been confirmed. 413 Racing will indicate the rejection of your order (by 413 Racing itself) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
4.2 Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. Cancelation must be done in accordance with clause 6 hereof. After delivery or your collection of the Goods, you may return the Goods only in accordance with clause 8 hereof.
4.3 Placing Goods on your list or in your shopping basket does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket or list if stock is no longer available or the price thereof might change without notice to you. You cannot hold 413 Racing liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the order at a later stage.
4.4 You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. 413 Racing will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, 413 Racing will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
5. USER’S RIGHT TO CHOOSE OR EXAMINE PRODUCTS
5.1 The User agrees to purchase the Products solely on the basis of a photograph and description thereof, provided by 413 Racing. 413 Racing agrees that the Products delivered to the User must in all material respects and characteristics correspond to that which an ordinarily alert User would have been entitled to expect, based on the photograph and/or description of the Products on the Website, as the case may be;
5.2 Despite what is stated above the User acknowledges that:
5.2.1 All features, content, specifications, Products and Prices described or depicted on the Website are subject to change from time to time;
5.2.2 All measurements, weights, colors and similar descriptions are approximate and are provided for convenience purposes only;
5.2.3 While 413 Racing makes all reasonable efforts to accurately display the attributes of the Products, including the applicable colors, the colour which is displayed on the User’s computer monitor will depend on his/her computer system and 413 Racing cannot guarantee that the Customer’s computer shall accurately display such colors;
5.2.4 The inclusion of any Products or services on the Web Site at a particular time does not imply or warrant that these Products or services will be available at any time. 413 Racing undertake to advertise the quantities of Stock available for sale via its Website.
6. USER’S RIGHT TO CANCEL AN ORDER
6.1 Subject to clauses 6.2 and 6.3 below, the User has the right to cancel any advance order for any Goods;
6.2 If 413 Racing accepts an order to supply Goods it may impose a reasonable charge for cancellation of the order, subject to clause 6.4 below.
6.3 For purposes of this clause, a charge is unreasonable if it exceeds a fair amount in the circumstances, having regard to:
6.3.1 The nature of the Goods that were ordered;
6.3.2 The length of notice of cancellation provided by the User;
6.3.3 The reasonable potential for 413 Racing, acting diligently, to find an alternative User between the time of receiving the cancellation notice and the time of the cancelled booking or order; and
6.3.4. The general practice of the industry.
6.4. 413 Racing accepts that it may not impose any cancellation fee in respect of an order if the User is unable to honour the order because of the death or hospitalization of the User.
7. PRICES AND PAYMENT
7.1 All Prices quoted by 413 Racing on its Website include VAT and are subject to change, which changes shall be effected in 413 Racing’ sole discretion;
7.2 Payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) –
7.2.1 direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. 413 Racing will not accept your order if payment has not been received;
7.2.2 cash in store, by selecting this option, you undertake to collect the goods at the 413 store and then pay for the goods in store
7.3 The Goods shall only be dispatched for delivery to the User once 413 Racing has received proof of payment from the User that the amount due has been paid and has been received into 413 Racing’s bank account;
7.4 You may contact us via our email to obtain a full record of your payment. We will also send you email communications about your order and payment.
8.1 413 Racing offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
8.1.1 courier; or
8.2 Upon receipt of payment for delivery via courier, the Goods purchased by the User shall be delivered by the Courier to the physical address elected by the User, which address shall be located within South Africa and shall be specified by the User when placing the order;
8.3 The Goods purchased shall be delivered within approximately 20 working days, depending on the location of the delivery address elected by the User;
8.4 The Courier shall at all times be and remain the User’s agent for purposes of this Agreement;
8.5 413 Racing shall, on request, allow the User a reasonable opportunity to examine the Goods upon delivery, for the purpose of ascertaining whether the User is satisfied that the Goods are of a type and quality to reasonably meet the general standard of such Goods;
8.6 The User shall be deemed to have accepted delivery of the Goods on the earliest of the following circumstances:
8.6.1 When the User, or his or her representative expressly or implicitly communicates to 413 Racing that he/she has accepted delivery of such Goods; or
8.6.2 When the Goods have been delivered to the User, and:
a) The User does anything in relation to the Goods that would be inconsistent with 413 Racing’s ownership of the Products; or
b) After the lapse of a reasonable time the User retains the Goods without intimating to 413 Racing that the User has rejected delivery of them, subject to clause 8.5 above.
8.7 Although reasonable care shall be taken, 413 Racing accepts no responsibility whatsoever for incorrect delivery details provided by the User or in the event that an unauthorized person accepts delivery of the Goods at the physical address elected by the User and the User expressly indemnifies 413 Racing against any damage or loss occasioned by delivery to an unauthorized person;
8.8 In the event of short delivery the User shall forthwith upon delivery:
8.8.1 Endorse 413 Racing’s copy of the delivery note specifying details of the short delivery; and,
8.8.2 Thereafter and within no more than 7 (seven) days after delivery of the Goods, the User shall lodge a claim with 413 Racing in respect of the alleged short delivery.
8.9 In the event that the Goods delivered are damaged or defective the User shall forthwith upon delivery:
8.9.1 Endorse 413 Racing’s copy of the delivery note detailing the damage or defects to the Goods; and
8.9.2 Thereafter and within no more than 7 (seven) days after delivery of the Goods, the User shall notify 413 Racing of such damage or defects, following which the provisions of clause 10 below shall be followed if applicable.
8.10 On compliance by the User with the provisions of clauses 8.8 and 8.9 above, the provisions of clause 10 below shall become applicable;
8.11 In the event that the Courier fails to deliver the Goods to the User’s duly elected physical address as a result of no fault of the Courier, after making 2 (two) separate attempts in this regard, the Goods shall be returned to 413 Racing and the sale shall be cancelled, where after the provisions of clause 10 below shall apply;
8.12 For purposes of this clause, “413 Racing” shall include the Courier as well as any affiliate, agent or independent contractor who may effect delivery of the Goods on behalf of 413 Racing, or 413 Racing itself. A courier fee will be calculated based on both weight and size of the product as well as the final delivery address, and added to the order request before being sent to the User for approval.
8.13 413 Racing is not responsible for any loss or unauthorized use of a product, after it has been dispatched for delivery of the goods to the physical address nominated by you.
9. OWNERSHIP AND RISK
Ownership and risk in the Goods shall only pass from 413 Racing to the User upon receipt of payment of the full purchase price by 413 Racing and upon delivery of the Goods to the User.
10. RETURNS AND REFUNDS
10.1 This clause is in addition to and not in substitution for any other right in law between 413 Racing and the User to return the Goods and receive a refund;
10.2 Subject to clauses 10.3 to 10.6 below, the User may return the Goods to 413 Racing and receive a full refund of any consideration paid for the Goods, if 413 Racing has delivered Goods intended to satisfy a particular purpose communicated to 413 Racing and if within 7 (seven) Business Days after delivery to the User, the Goods have been found to be unsuitable for that particular purpose;
10.3 Clause 10.2 above does not apply with respect to any Goods, if after having been supplied to, or at the direction of the User:
10.3.1 For reasons of public health or otherwise, a public regulation prohibits the return of those Goods to 413 Racing once they have been supplied to, or at the direction of, the User; or
10.3.2 The Goods have been worn, partially or entirely disassembled, physically altered, joined or added to, blended or combined with, or embedded within, other Goods or property.
10.4 Goods returnable in terms of clause 10.2 above must be returned to 413 Racing at the User’s risk and expense, within 7 (seven) Business Days after delivery to the User;
10.5 Upon return of any Goods in terms of this clause, 413 Racing must refund to the User the Price paid for the Goods, less any amount that may be charged in terms of clause 10.7 below, after having been afforded an opportunity to inspect the Goods returned;
10.6 In determining the right of 413 Racing to impose a charge contemplated in clause 10.5 above, if any Goods returned to 413 Racing in terms of this clause are:
10.6.1 In the original unopened packaging with all tags and labels attached, 413 Racing may not charge the User any amount in respect of the Goods;
10.6.2 In their original condition and repackaged in their original packaging, 413 Racing may charge the User a reasonable amount for:
– Use of the Goods during the time they were in the User’s possession, unless they are Goods that are ordinarily consumed or depleted by use, and no such consumption or depletion has occurred; or
– Any consumption or depletion of the Goods, unless that consumption or depletion is limited to a reasonable amount necessary to determine whether the Goods were acceptable to the User; or
10.6.3 In any other case, 413 Racing may charge the User a reasonable amount:
– As contemplated in clause 10.6.2 above; and
– For necessary restoration costs to render the Goods fit for re-sale, unless, having regard to the nature of the Goods and the manner in which they were packaged, it was necessary for the User to destroy the packaging in order to determine whether the Goods were fit for the intended purpose.
10.7 Goods may be returned to 413 Racing in the following manner:
10.7.1 Directly to the 413 Racing Store by the User; alternatively
10.7.2 By delivery via Courier to the 413 Racing Store.
10.8 When returning Goods to the 413 Racing Store directly, the User shall follow the usual in-store return process applied by 413 Racing and the User will be required to:
10.8.1 Furnish proof of purchase (invoice or delivery note); and
10.8.2 Produce the card (proof of payment) utilized (credit, cheque or debit card) to effect payment for the Goods purchased.
10.9 When returning Goods via the Courier, the User will be required to:
10.9.1 Supply a reference number from the courier company
10.9.2 Insert the Goods into appropriate packaging to ensure that the Goods are not damaged during transportation;
10.9.3 Make the duly packaged Goods available for collection by the Courier in accordance with the instructions received from 413 Racing.
10.10 Refund of returned Goods shall occur as follows:
10.10.1 EFT payments will be refunded to customer via EFT.
11.1 413 Racing shall take all reasonable efforts to accurately reflect the description, availability and purchase price of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding the User for any amount already paid, or otherwise as set out in clause 10 above.
12. DISCOUNTED GOODS
12.1 From time to time, 413 Racing may offer certain Goods at discounted prices (“Deal”). These will be subject to certain conditions which define the scope of the Deal. If you buy a product within the scope of a Deal, you will pay the discounted price for that Goods (the “Deal Price”).
12.2 However, if you buy Goods in a manner that falls outside of the scope of a Deal, then you will pay the then current (non-Deal) selling price on the Website (the “Normal Price”), for each product that falls outside the scope of the Deal.
13. CUSTOMER’S RIGHTS TO SAFE, GOOD QUALITY PRODUCTS
13.1 The Parties agree in respect of the sale of all Goods by 413 Racing, that the User:
13.1.1 Has been expressly informed that the particular Goods were offered in a specific condition; and
13.1.2 Has expressly agreed to accept the Goods in that condition, or knowingly acted in a manner consistent with accepting the Goods in that condition.
14. IMPLIED WARRANTY OF QUALITY
14.1 The implied warranty contained in section 56 of the CPA shall not apply to the Goods sold to the User due to the fact that 413 Racing is deemed to have clearly and expressly stated the condition in which the Goods are sold to the User and the User is deemed to have indicated.
14.1.1 That he/she expressly agrees to the Goods being sold in the aforesaid condition; and has not specifically informed 413 Racing of any particular purpose for which he/she wishes to acquire or use the Goods.
14.2 Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
15. LIABILITY FOR DAMAGE CAUSED BY GOODS
15.1 Except to the extent contemplated in clause 15.3 below, the producer, importer, distributor or retailer of the Goods, including 413 Racing, are liable for any harm, caused wholly or partly as a consequence of:
15.1.1 Supplying any unsafe Goods;
15.1.2 A Product failure, defect or hazard in any Product; or
15.1.3 Inadequate instructions or warnings provided to the User pertaining to any hazard arising from or associated with the use of the Goods, irrespective of whether the harm resulted from any negligence on the part of the producer, importer, distributor, or 413 Racing, as the case may be.
15.2 If, in a particular case, more than one person is liable in terms of this clause, their liability is joint and several;
15.3 Liability of 413 Racing in terms of this clause does not arise if:
15.3.1 The unsafe Product characteristic, failure, defect or hazard that results in harm is wholly attributable to compliance with any public regulation;
15.3.2 The alleged unsafe Product characteristic, failure, defect or hazard:
a) Did not exist in the Product at the time it was supplied by 413 Racing to the User; or
b) Was wholly attributable to non-compliance by the User with instructions provided by 413 Racing, in which case point (a) above does not apply.
15.3.3 It is unreasonable to expect 413 Racing to have discovered the unsafe Product characteristic, failure, defect or hazard, having regard to 413 Racing’s role in marketing and supplying the Goods to the User; or
15.3.4 The User’s claim for damages is brought more than 3 (three) years after the:
a) Death or injury of a person;
b) Earliest time at which a person had knowledge of the material facts about an illness; or
c) Earliest time at which a person with an interest in the Goods had knowledge of the material facts about the loss or damage to that Goods; or
d) The latest date on which the User suffered any related economic loss.
15.4 The User acknowledges that 413 Racing shall have no responsibility or liability of any kind, whether for breach of warranty or otherwise arising or resulting from:
15.4.1 Malfunction, failure or unavailability of the Goods to the extent that 413 Racing has maintained industry accepted standards typically associated with the Goods;
15.4.2 Errors in the functioning of the Goods resulting from abuse, negligence, improper or inappropriate use of all or any part of the Goods by the User;
15.4.3 A failure to supply the Goods to the extent that such failure is due to any default, delay, act or omission of the User or as a result of the User’s third-party dependencies beyond the control of 413 Racing.