Terms & Conditions
TERMS AND CONDITIONS
ALM Parts (PTY) Ltd
Effective Date: October, 2021
Last Update: November, 23, 2021
LEGALITIES
The ecommerce site www.almparts.co.za (“the Site”) including but not limited to any and or all online and/or electronic quotes given under the company name ALM Parts (PTY) LTD T/A ALM Parts with registration number 2021/924864/07 (“the Company”) will form part of these Terms & Conditions.
ALM Parts (PTY) Ltd is a legally registered Company in the Republic of South Africa with registration number 2021/924864/07 as registered by the CIPC which specialises in the sourcing and supply of automotive spare parts & accessories to its customers through third party suppliers.
Under these Terms & Conditions you agree to receive communications from us and from our third-party service providers and you agree to accept “cookies” and other similar devices used by “the Site” or any other communication platform used between yourself and “the Company”, to perform our services. You also agree that we may call, message (using various platforms which includes but not limited to, WhatsApp, Facebook messenger, twitter and any other communication platform) or email you from time to time regarding any incomplete or unconfirmed enquiry you may make through “the Site” or through the communication channels as provided by “the Company”. Information on the use of data can be found in our Privacy Policy.
For any dispute resolution that could not be agreed upon between “the Company” and the customer and whereas legal recourse needs to be initiated “the Company” shall choose Durban, Kwa-Zulu Natal as its chosen jurisdiction. All legal recourse shall be recognised under the Laws and bylaws of the Republic of South Africa only. If such a matter occurs whereas the customer lodges legal proceedings in a foreign country only the laws of the Republic of South Africa shall be recognised.
DISCLAIMER
“the Company” has taken every care to ensure that the information posted on “the Site” is correct and up to date at the time of publishing on the Internet. We shall not be responsible for any reliance you place on this site or its contents, however, “the Company” will endeavour to correct any inaccuracies once “the Company” has become aware of them.
“the Company” makes use of third party suppliers of which some are based internationally. You hereby agree that even though “the Company” makes all effort to deliver your parts in a timeously fashion delivery lead times may be extended due to third party supplier delays, customs and excise delays, instances of force majeure, or any other reason that is beyond the control of “the Company” by which means “the Company” cannot be held liable.
AMENDMENTS
“the Company” has the right to change or discontinue any features of “the Site” including but not limited to, products, business hours, etc without notice or liability. We always strive to provide our customers the most competitive prices, however, “the Company” reserves the right to change prices displayed or quoted for products be it on “the Site” or buy quote sent by “the Company” or any of the “the Companies” agents at any time due to the ZAR/Dollar fluctuations. Delivery lead times may also be amended by “the Company” and communicated to its customers due to unforeseen circumstances outside the control of “the Company” without liability.
DELIVERY
“the Company” makes use of International delivery (FEDEX air shipping) as well as local (Courier Guy / Citi Sprint, etc) as our preferred courier service. Once the purchased Item has been dispatched from our supplier a tracking number will be provided to the customer by SMS or email. Even though all reasonable measures are taken by “the Company” to ensure timeous delivery within the specified delivery lead times of 2 – 10 working days certain instances may occur where the delivery lead time may need to be amended due to delays outside of “the Company’s” control and you agree that even though “the Company” will make every effort to resolve such delays “the Company” will not be held liable for amended delivery lead times.
PRODUCT PRICING
Pricing displayed on “the Site” or quoted by “the Company” or any of its agents represent the full price in Rands (ZAR) inclusive of VAT (Value added Tax) for the product itself and includes delivery charges as well as customs and excise charges. Product Prices quoted by “the Company” or any of its agents are quoted at the time of exchange rate between ZAR and US Dollar. Fluctuations in the exchange rate may cause quoted prices to change.
ONLINE SALES
You agree to provide a true, complete, and accurate email address, delivery address(s), billing address(s) and telephone number and to keep these details up to date. Furthermore, you agree to provide accurate vehicle details and parts descriptions. Incorrect information provided could lead to a delay in delivering your product(s) or even the non-delivery of your products. Kindly note that “the Company’s” online ecommerce site” the Site” is designed to guide and assist you to identify the correct vehicle make, year and model to help, (when used correctly) in eliminating errors when ordering online. Our highly trained personnel are also available to assist you, to the best of their ability in this regard. It is brought to your attention that in the case of used parts purchase, you are aware that the condition of used parts varies. It is therefore not our intention to sell a used part as a new part.
ACCEPTED PAYMENT METHODS
Payment may be made via Visa or MasterCard credit cards, PayPal or by bank transfer into our bank account (subject to clearing in the account), the details of which will be provided on request. Credit card transactions will be acquired via Payfast (Pty) Ltd which is the approved payment gateway for South Africa. Payfast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to http://www.payfast.co.za to view their security certificate and security policy.
You agree that any parts or accessories will only be ordered once payment has cleared in “the Companies” account.
REFUND AND RETURNS
“the Company” reserves the right to charge a 15% handling or cancelation fee on incorrect parts ordered due to incorrect information provided by the customer.
Should the part be damaged the onus is with the customer to provide “the Company” with the following details within 24hrs of delivery:
- Photo of the damaged part
- Photo of waybill date and time of delivery
- Description of the part as received outlining the damages noticed
Failure to provide this information in the time specified will lead to a 15% handling fee being charged.
Exchanges can only be made once the part has been returned to us in the same condition as when it was delivered. Should the part have been tampered with in any way no refund or return shall be given to the customer.
Refunds will be made within 10 working days from the date of the part being returned to the third-party supplier. Once the third-party supplier received the part payment will be processed. Refund requests must be emailed through to info@almparts.co.za which must include the above-mentioned bullet points as well as the nominated bank account for the refund.
CUSTOMER PRIVACY POLICY
ALM Parts shall take all reasonable steps to protect the personal information of users. 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/ Please refer to “the Site” www.almparts.co.za to read our full Privacy Policy.
COMPLAINTS RESOLUTION PROCEDURE
Complaints may be directed in writing to info@almparts.co.za. Please include Contact name, contact number, Invoice number and date ordered for reference purposes. Complaints will be attended to within 2 working days.
Should no resolution be found between the two parties’ legal action will be initiated under the terms set out under sub-heading of these Terms & Conditions named “LEGALITIES” paragraph 4.
INTELLECTUAL PROPERTY
This Site contains copyright material, registered and non-registered trademarks that are protected by law and are the property of ALM Parts (Pty) Ltd and various stake holders (“intellectual property rights”). No person/customer may use “the Company’s” material and any of the trademarks appearing on “the Site” or our name or the names of our suppliers without our prior written consent.
LIMITATIONS AND LIABILITY
“the Company” shall not be liable for any lost profits, loss of reputation, lost savings, any kind of commercial or economic loss, loss of goodwill, indirect, incidental, punitive, special or consequential damages arising out of or in connection with the agreement or the sale of any products or services by “the Company” or the use thereof whether or not such damages are based on tort , warranty, contract or any other legal theory – even if “the Company” has been advised, or is aware, of the possibility of such damages. “the Company” aggregate and cumulative liability towards the Buyer under any agreement shall not exceed an amount of ten percent (10%) of the related agreement. Any Buyer’s claim for damages must be brought by Buyer within ninety (90) days of the date of the event giving rise to any such claim and any lawsuit relative to any such claim must be filed within one (1) year of the date of the claim. Any claims that have been brought or filed not in accordance with the preceding sentence are null and void. The limitations and exclusions set forth above in this Limitation and Liability Section shall apply only to the extent permitted by applicable mandatory law.
