Terms & Conditions
Apart from the definitions the terms and conditions outlined in this document are split into 3 key areas as follows:
A. Use of Website.
C. Procurement of Goods and / or Services
1.1 “http/www.euroautoparts.co.za” is the website unique resource locator (URL) of “Euro Auto Parts”
2.0 The Contract
2.1 By accessing, browsing and/ or continuing to browse and use the “Euro Auto Parts” website, requesting quotations or procuring goods and / or services from “Euro Auto Parts”, you are agreeing to comply with and be bound by these terms and conditions.
2.2 By procuring goods and / or services from “Euro Auto Parts” you are entering into a purchasing agreement or legal contract with “Euro Auto Parts”
2.3 Any person(s) procuring goods or services from “Euro Auto Parts” must be either the “Vehicle Owner” or an “Authorised Person”
2.4 By procuring goods or services from “Euro Auto Parts” you are identifying yourself as the “Vehicle Owner” or an “Authorised Person.”
2.5 We reserve the right to change our terms and conditions from time to time. Amended terms will be posted on our website for “the Client’s” perusal.
2.6 These terms and conditions contain the entire agreement between the parties and unless otherwise agreed in writing by a director of “Euro Auto Parts” these Terms and Conditions prevail over any other terms of business or purchase conditions put forward by “the client.”
2.7 No variation or alteration to these terms and conditions shall be valid unless the details of such variation are submitted by a director of “Euro Auto Parts”
2.8 The length of the contract terms is dependant on the total time taken to complete the work for “the client” and length of any warranty supplied for any parts provided to “the client” by “Euro Auto Parts” and the total time for the purposes of the contract shall be taken as the finishing date.
Section A - Use of Website
3.1 The content of the pages of this website is for your general information and use only. It is subject to change without notice
3.2 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
3.3 It is a condition of us allowing you access to the information on the “Euro Auto Parts” website that you accept we will not be liable for any action you take relying on the information from this website. “Euro Auto Parts” will not be liable if your use of materials or information from the “Euro Auto Parts” website results in the need for servicing, repair or correction of equipment or data, “you” assume any costs relating to the above. “Euro Auto Parts” reserves the right to charge for access to certain information on the website. “Euro Auto Parts” will inform you where a charge will be incurred by you for accessing certain services or information on the “Euro Auto Parts” website.
3.4 If your PC does not support relevant technology including but not limited to encryption you may not be able to use certain services or access certain information on the “Euro Auto Parts” website.
3.5 You may not mirror any material contained on the “Euro Auto Parts” website or any other server without “Euro Auto Parts”’s prior consent.
3.6 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
3.7 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, logo, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
3.8 All trademarks reproduced in this website, which are not the property of “Euro Auto Parts”, or licensed to the operator, are acknowledged on the website.
3.9 Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
3.10 From time to time this website may also include links to other website. These links are provided for your convenience to provide further information. They do not signify that we endorse the website. We have no responsibility for the content of the linked website.
3.11 You may not create a link to these website from another website or document without “Euro Auto Parts”’s prior written consent.
3.12 In a few areas on the “Euro Auto Parts” website we ask you to provide information that will enable us to use this information that you provide us with to help keep you informed of our latest products and services after your visit to the “Euro Auto Parts” website. It is completely optional for you to participate. The information you provide on this website may be held and used by us for any of the following purposes: orders and/or accounts, dealing with enquiries or complaints, crime and fraud prevention, marketing our products and services or (subject to any objection or preference you may indicate when submitting your personal details to us via this website for sending information to you about our products and services from time to time. In addition, we may use information about you provided by credit reference agencies to help us make credit decisions and prevent fraud.
3.13 We may disclose your information to other group companies, including their respective partners, agents and sub-contractors, for any of the above purposes. In addition we may disclose your information to credit agencies and to other people in relation to enquiries concerning the prevention and detection of fraud or crime, or the apprehension or prosecution of offenders or as may be required by law or legal proceedings.
3.14 You agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance or inconvenience whether to “Euro Auto Parts” or any of its customer or users of the “Euro Auto Parts” website by any means including the use of the “Euro Auto Parts” website services for persistently sending unsolicited communications without reasonable cause.
3.15 The service is accessed via the World Wide Web, which is independent of the service and “Euro Auto Parts”. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. “Euro Auto Parts” has no responsibility for any information or service obtained by you on the World Wide Web.
3.15 “Euro Auto Parts” excludes all liability whether in contract, tort (including liability for negligence) or otherwise for the accuracy, suitability, quality or completeness of any information and the value and integrity of goods and services offered by third parties over the “Euro Auto Parts” website service. You acknowledge that we have no control over and we exclude all liability for any material on the World Wide Web, which can be accessed by using the “Euro Auto Parts” website service.
3.16 We may suspend or vary the whole or any part of the service offered by the “Euro Auto Parts” website for any reason at any time at our sole discretion.
3.17 “Euro Auto Parts” reserves the right to vary the terms of this contact from time to time. Such variations becoming effective immediately upon posting of the varied contract on the “Euro Auto Parts” website. By continuing to use the “Euro Auto Parts” website services you will be deemed to accept such variation.
Section B - DISCLAIMER
4.0 The information contained in this website is for general information purposes only. The information is provided by ““Euro Auto Parts”” and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
4.1 In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits, arising out of or in connection with the use of this website.
4.2 Through this website you are able to link to other websites, some of whose back ends are not under the control of ““Euro Auto Parts”” but may be branded to “Euro Auto Parts”, and other sites that are totally beyond the control of “Euro Auto Parts”. The control of the sites is limited to the nature of the site. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
4.3 Every effort is made to keep our company websites up and running smoothly. However, ““Euro Auto Parts”” takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.
Section C – Procurement of Goods and Services
5.0 This contract aims to protect all parties whenever unforeseen circumstances might arise. This document is intended to be a legal contract between the two parties “Euro Auto Parts” and “the Client.”
5.1 The following terms and conditions apply to all goods and / or services offered by “Euro Auto Parts”. By ordering any goods and / or services from “Euro Auto Parts” you are agreeing to the following terms and conditions:
5.2 All services described herein are to be performed by us in accordance with the most commonly accepted standards and practices of the Motor and Body Shop Industry. That is to say, we will use the development technologies and modifications processes that are most universally acceptable in order to satisfy the broadest market possible.
5.3 Any quotations provided are exclusively for “the Client” named on the written quote and are based upon the information provided by “the client” and the most appropriate parts available at the time.
5.4 Any further requirements or considerations put forward to “Euro Auto Parts” must be reviewed separately, and if become necessity, will result a replacement quote or new quote being issued.
5.5 It should also be noted that any quotations provided are valid for a period of 30 days from the date issued but may be subject to changing market prices for labour and any goods or other services.
5.6 All specifications for work will be agreed before any work is started.
Refunds, returns, credit notes, and exchanges
5.7 Specially ordered parts CANNOT be returned for credit.
5.8 Fuel injection and electrical parts cannot be returned for credit if supplied correct to application
5.9 A minimum handling charge of 25% will be applied on parts correctly supplied being returned for credit.
5.10 All orders/goods should be checked immediately on receipt so any shortages or damage to goods can be reported without delay.
5.11 All parts being returned for credit must be in a resalable condition, items will not be accepted if they appear to have been fitted, if any sealant grease has been applied or if the packing has been damaged.
5.12 We reserve the right to refuse exchange units, which are considered to be in an unserviceable condition.
5.13 Surcharges must be paid in upon purchase of the unit and will be reimbursed only if and when the unit is accepted by the surcharge department.
5.14 No warranty claims will be accepted on any faulty goods returned.
5.15 Items returned for credit/exchange must be received within 30 days of the purchase date, accompanied by a relevant invoice. No goods will be accepted without the proof of purchase invoice.
5.16 To meet increased demands and availability of products the right is reserved to change manufacturer, brand or component, without prior notice; purchasers should check and ensure such details at time of purchase.
5.17 Please note all parts are for standard specification European / South African cars, please check with our sales office before ordering.
5.18 Please note that all parts and products are designed for road use unless specified otherwise.
5.19 The right is reserved to alter prices and specification without notice.
5.20 “After market” additions and modifications to “vehicles” may not be covered by your Vehicle Warranty or extended Warranty. It is “the client’s” responsibility to check that directly with any organisation which has given a warranty on your “Vehicle.”
5.21 All goods remain the property of Euro Auto Parts until payment has been received in full.
5.22 If it becomes necessary for “Euro Auto Parts” to bring any action to collect any sums due under this Agreement, it shall be entitled to collect, without prejudice to any other remedy, in addition to all damages, its costs of collection and any outstanding costs. Legal action proceeds immediately after the due date.
6.23 “Euro Auto Parts” acknowledges that this Agreement creates a confidential relationship between “Euro Auto Parts” and the Client and that information concerning the Client's business affairs, customers, vendors, finances, properties, methods of operation, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature. All such information concerning the Client is hereinafter collectively referred to as "Confidential Information."
6.24 “Euro Auto Parts” agrees to take reasonable steps to ensure that its staff and subcontractors are bound by the provisions of this clause.
6.25 This Clause shall not apply to information that is or becomes public knowledge otherwise than through the default of the party concerned, or is already in the receiving party's possession, or is legally acquired by such party from a third party, or is required by law to be disclosed.
6.26 “Euro Auto Parts” is fully compliant with the data protection act.
6.27 “Euro Auto Parts” may seek, and the Client shall not unreasonably withhold, permission to publicise “Euro Auto Parts” involvement with “the Client.”
6.28 The copyright, patent, and other intellectual property rights ("IPR") in the Website of Euro Auto Parts and in particular any copy, photographs, layouts, logos and products unless expressly stated shall remain the exclusive property of “Euro Auto Parts”.
6.29 The Client agrees that copyrights to “Euro Auto Parts”' work shall remain the exclusive property of “Euro Auto Parts”, and that it will not use as a template, sell, transfer, publish, disclose or otherwise make the contents of the website available to third parties without “Euro Auto Parts”' prior written consent. Any rights granted to the Client under this Agreement shall not affect XS Online exclusive ownership of the website copyright.
6.30 All parts and goods sold, unless otherwise stated shall be covered by the standard manufacturers warranty.
6.31 “Euro Auto Parts” will correct any faults incurred as a result of its negligence at no cost to the client.
LIABILITY FOR LOSS OR DAMAGE
6.32 “Euro Auto Parts” shall not be liable to the Client for loss of profits, goodwill or any type of special, indirect, incidental or consequential loss (including but not limited to loss or damage suffered by the Client as a result of an action brought by a third party) even if such loss was reasonably foreseeable or “Euro Auto Parts” had been advised of the possibility of the Client incurring such loss; and
6.33 “Euro Auto Parts” shall have no liability in respect of any product or services to be supplied by the Client or any third party.
6.34 Save as expressly provided herein, all other terms and conditions, warranties or representations whether expressed or implied (by statute or otherwise) relating to the Solution and the supply of the Solution or imposing liability on “Euro Auto Parts” is hereby excluded.
6.35 Neither party shall be liable for any delay in meeting or for failure to meet its obligations under the agreement due to any cause outside its reasonable control including (without limitation) Acts of God, war, riot, malicious act of damage, fire, flood, acts of any government or public authority, failure of the public electricity supply, failure of any telecommunications service provider, failure or delay on the part of any sub-contractors beyond its reasonable control or the unavailability of materials. Further, “Euro Auto Parts” shall not be liable for any such delay or failure resulting from a request by the Client for any change made to the supply of the design service being provided.
6.36 If “Euro Auto Parts” is prevented from meeting its obligations due to any of the aforesaid causes it shall notify the Client of the circumstances and the Client shall grant a reasonable extension for the performance of the Agreement.
6.37 “Euro Auto Parts” reserves the right to change, or amend these terms and conditions at any time, without prior notice. We will however inform any clients who may be affected by these changes.
6.38 Any notices given by “Euro Auto Parts” by post or email are deemed to be delivered at noon the next day after posting.