Terms and Conditions
Website Terms and Conditions of Use Relating to www.motogear.co.za
These Terms and Conditions ("the Terms and Conditions") govern your ("the User") use of Motogear’s ("Provider") website located at the domain name www.motogear.co.za ("the Website"). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.
E-Commerce & Privacy
The Website www.motogear.co.za sells motorcycle accessories online. The use of any product bought from this Website is at the purchaser's risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
The private information required for executing the orders placed through the e-commerce facility, namely the User's personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.
The Provider undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. The Provider cannot be held responsible for security breaches occurring on the User's electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
When you click to make a purchase with us, legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.
Items are shipped domestically via our nominated Courier Company. Motogear is not responsible for reshipping orders at our expense if incorrect details are provided. Delivery of bulk purchases will be via negotiation and may involve different delivery methods and costing. The expected delivery time is 10 - 14 business days to most South African destinations where items are in stock and payment has been cleared.
Motogear will not be held responsible for any orders lost by the courier service. We will make every attempt to get your package to you in a safe and timely fashion. However once an order is dispatched from our premises we are not responsible for any delivery delays.
There may be instances where items are not in stock. Motogear cannot guarantee that all items will be available. In the event that goods are out of stock, then items will not be able to be delivered. If we are unable to fill an order we will make contact with you within 2 business days of goods not being available. If any item is out of stock you can choose to place the item on back order, replace the item, or cancel the order with respect to the out of stock item.
Availability of goods
All products and services are subject to availability and may be withdrawn at any time. If we do not supply the goods for any reason we will not charge you for these and we will refund any money already paid for them. However, we will not be responsible for compensating you for any other losses you may suffer if we do not supply the goods.
Although we will use our best efforts to ensure that prices reflected on the website are accurate and current, because of the nature of the goods, prices change and are subject to change without notice. In the event that the price to be charged is more than the price reflected on the website, in respect of any goods, we will advise you thereof, by email, prior to delivery thereof, thus giving you the opportunity to accept or reject any higher price. Emails sent to you but not responded to within 7 (seven) days of us sending the email will be deemed to be an acceptance of the higher price.
Warranty / Refunds policy
If the product that you have purchased is deemed to be faulty, the customer shall be obliged, within 7 days of the date of delivery, to give Motogear written notice of any complaint or claim in respect of any goods delivered together with proof of purchase indicating the fault and every effort will be made to replace the product with another similar product. The warranty is limited to the product replacement only and does not extend to any incremental cost incurred should the product fail. In no case shall liability exceed the purchase price. In no event shall the manufacturer, its partners or distributors be liable for any incidental, consequential, indirect, punitive or exemplary damages or lost profits from any breach of this warranty or otherwise.
Risk and rewards of ownership pass once the goods leave Motogear’s premises. Any claim which Motogear has not received written notice of within the said period of 7 days shall become forfeited and prescribed. At the customers own expense, Motogear will arrange that our courier collect the goods from the customer. We will then assess the condition of the product. If it hasn't been used and if we do agree that the product is defective we will send a replacement product at our expense including a credit for your cost of for the courier. If we find no fault in the product we will send the same item back to the customer at the customer's expense.
Motogear does not refund for incorrect choice or unwanted purchases. Please make your decision carefully. All products come with a warranty, please refer to our product warranty policy for more information.
If you ordered the wrong product we will take it back if it is in the original packaging and there is no evidence of tampering and it is returned within 7 days of receipt. However we will charge a 15% handling fee. Proof of purchase is required for all return items. Shipping fees are non-refundable. All shipping costs associated with the return of goods are the sole responsibility of the consumer. Furthermore it is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return transit.
All transactions will be processed in South African Rands (ZAR). Payment is made via Payfast using Visa, Mastercard or instant EFT.
SID process all instant EFT transactions. Bank-Level Transaction Security. SID allows online payments to be made securely, via the Internet Banking platforms of South Africa’s most trusted banks. SID transactions are thus subject to the same, comprehensive security provided by the shopper’s Bank.
SID is independently monitored and verified by leading privacy and security certification specialists, Trust Guard, and GoDaddy, thereby providing both shoppers and merchants with even greater protection and peace of mind. Additional SID Protection - SID does not access or store the shopper’s Internet Banking login details, ensuring that sensitive financial information is kept completely secure.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Motogear and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
A help line will be available from 8am till 4pm Monday to Friday. Email firstname.lastname@example.org
Please supply us with a physical delivery address (not postal) and a contact telephone number where you can be contacted during the day. Only once the funds have cleared in our account will we process an order.
The offering on this website is available to South African clients and delivery addresses only, unless special arrangement is made before placing an order.
The Provider takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
Updating of these Terms and Conditions
Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User's obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User's continued use of this Website following the posting of changes or updates will be considered notice of the User's acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Copyright and Intellectual Property Rights
Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs ("the Content"). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights ("the Owners"), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
Limited License to General Users
Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider. Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.
Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license.
Limitation of liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an "as is" basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
Privacy: casual surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569
Choice of Law
This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Cape Town High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.