These terms and conditions help to keep the www.violetautomotive.co.za website a safe place to trade and set out the full extent of any agreement reached between you and Violet Automotive in relation with this site. You should understand that by placing an order, you accept the following terms and conditions:
General
- Violet Automotive is web based and also operates from a shop, therefore inspection of the goods on sale in the online store may be possible before purchasing, by prior arrangements made for viewing.
- You agree that e-mail can be used as a means of communication.
- No contract for the sale of any product will subsist between you and Violet Automotive unless and until Violet Automotive accepts your order by way of an e-mail confirming it. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Violet Automotive sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by Violet Automotive of your offer to buy goods from our website www.violetlautomotive.co.za
- This confirmatory e-mail will contain all relevant information concerning your order.
- The confirmatory e-mail will also contain a link to these terms and conditions, and may be amended in accordance with point 5 of miscellaneous below from time to time.
- You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
- Violet Automotive will not pass on your personal details to any third party.
- You undertake that all details you provide to Violet Automotive for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
- If there are any changes to the details supplied by you it is your responsibility to inform Violet Automotive as soon as possible.
- You may cancel your order at any time prior to your order being processed by email to sales@violetautomotive.co.za . Non stock items order cannot be cancelled as they are ordered specifically for you.
- Goods correctly supplied and returned to Violet Automotive are subject to a 15% handling fee. Goods must be returned in original packaging and in original unused condition before a refund is processed. This process can take anywhere between 7 to 14 working days as we need to confirm that our suppliers are willing to process a credit based on the condition returned and that all components are present.
Liability
- Violet Automotive does not accept liability (except as set out below) for any errors and omissions and or any damage that may result in the fitting of any of our kits and or products unless fitted by ourselves and reserve the right to change information, specifications and descriptions of listed goods, products and services.
- Violet Automotive will do its best to correct errors and omissions as quickly as practicable after being notified of them.
- TO THE FULLEST EXTENT PERMITTED BY LAW, Violet Automotive IS PROVIDING THIS WEB-SITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB-SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, Violet Automotive DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB-SITE IS ACCURATE, COMPLETE OR CURRENT.
- In the unlikely event that you receive goods which were not what you ordered or of a different quantity to that stated on your order form supplied by Violet Automotive, Violet Automotive shall, at its own option, make good any incorrect quantity or type supply of items PROVIDED THAT you notify Violet Automotive of the problem.
- In the unlikely event that you receive goods which are damaged or defective, the goods will have to be claimed by the customer from the courier service, should the insurance option have been chosen on the delivery. All items are tested before released to the customer and are marked as tested, ensuring that you don’t get an item from us that was DOA. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
- Violet Automotive do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Violet Automotive website or for any products or services purchased from Violet Automotive.
Processing of orders
- All prices include sales taxes (where applicable) unless otherwise stated.
- Every purchase you make shall be deemed performed in South Africa. South African law shall govern every aspect of contractual agreement concerning purchases made from this website.
- Violet Automotive aim to arrange shipment of all in stock items on the business day your order is received providing it reaches us by 1pm. Your order may be delayed if the item is not in stock. Some items may be unavailable and the current stock status is approximate. Violet Automotive can only supply approximate dates our suppliers may get an item in stock.
- In the event that goods will need to be ordered from supplier, you will be updated via email of the ETA to Violet Automotive and the relative ETA for you to either pick up your goods, or have them delivered to you via our shipping channels, or for you to arrange your own courier service.
Delivery/Title/Risk
- The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in installments.
- Title to any product ordered will pass to you once Violet Automotive has received payment in full for that product.
- If your delivery address is outside of South Africa, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; Violet Automotive advises each customer to contact their local customs office for further information.
- Please note that when shipping products internationally you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
- Shipping payments made to Violet Automotive for goods are non-refundable. Once a delivery pick-up instruction is issued by Violet Automotive to our couriers, the shipping request cannot be cancelled nor re-directed once it has been picked up from Violet Automotive.
- The address provided when ordering confirmation of goods is the address that goods will be sent. Should there be a change in address before goods are picked up, Violet Automotive will calculate any relevant additional shipping charges, which the purchaser becomes responsible to settle prior to sending goods.
- Should you not be able to pick up your goods from the shipping company when scheduled for delivery, the responsibility lies with the purchaser to contact the shipping company to make arrangements to pick up the goods.
- Any goods not received by customer and which end up being returned to Violet Automotive due to numerous failures to delivery to the purchaser, the purchaser becomes responsible to pay for shipping again for goods to be sent. Alternatively, the purchaser can arrange their own pick up.
Miscellaneous
- It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Violet Automotive tracks the electronic ‘fingerprints’ of every order placed on www.violetautomotive.co.za to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
- Violet Automotive may amend these terms and conditions from time to time, and place the new version on the website. When Violet Automotive do so, Violet Automotive will mention the fact on our home page (www.violetautomotive.co.za ). All purchases from the date that the amended terms are placed on our web-site onward will be governed by those new terms.
- These terms and conditions shall apply when Violet Automotive accepts your order by e-mail confirming that it has been received. They shall supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Violet Automotive and you relating to your purchase Violet Automotive advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Violet Automotive.
- You are advised to read (and are responsible for reading) all information on this website fully. If any of these terms are held to be invalid or unenforceable, those terms will be struck out and the other terms remain.
- These terms and conditions are subject to the laws and exclusive jurisdiction of South Africa.
Privacy Statement
We respect your privacy!
Any and all the information collected on this site will be kept strictly confidential and will not be sold, reused, rented, disclosed, or loaned!
Any information you provide will be held with the utmost care and will not be used in ways that you have not consented to. If you have any questions, please feel free to call or e-mail us.
Returns Policy
- All electrical goods are tested before they are supplied either in front of the customer or are marked off accordingly on the invoice as tested.
- As we strive to bring you the best prices in the market, we wouldn’t put you nor ourselves through additional cost and ship you an item that we have seen as not working.
- Should your order be delivered via post and arrive as not working, then it is up to the customer to claim this from the delivery insurance, where applicable.
- Lighting or electronic equipment, unless otherwise specifically stated, does not carry any warranty.
Violet Automative uses MDS courier services to deliver your parcel. By clicking “Agree”, your purchase is subject to the following terms and conditions:
MDS Collivery (Pty) Ltd (hereinafter referred to as “MDS”) provides a collection and delivery service to its
Customers, subject to the following:
1. Definitions
1. “MDS” shall mean MDS Collivery (Pty) Ltd, its staff, agents or sub-contractors.
2. “Goods” shall mean any documents, parcels or freight accepted for carriage by MDS.
3. “Carriage” shall mean the transport of goods from one point to another by MDS (the “Carrier”)
using means it deems suitable.
4. “Client” shall mean the party responsible for the payment for the carriage of the goods.
5. “Owner” shall mean the party who has a financial interest in the goods.
6. “Parties” shall mean the Client, the Owner, the sender, the receiver or the Carrier, as the
context may require.
7. “Waybill” is the accompanying document which identifies the Client, the number and weight of
packages involved and instructions regarding the time and place of both the collection and
delivery, copies of which are signed by the parties and serve as proof of handover of the goods
from one party to the other.
2. Terms and Conditions
1. MDS is not a public/common carrier and may refuse to accept any goods for carriage without
providing reason for such refusal.
2. By using our collection and delivery service you agree to be bound by our terms and
conditions, as set out in this document, and you acknowledge that our terms and conditions
will constitute a valid, binding and enforceable agreement.
3. These terms & conditions shall apply to all transactions concluded by or on the Client’s behalf
on our website. (www.collivery.co.za or collivery.net).
4. A certificate issued by an administrator of our website shall constitute prima facie proof of any
fact related to our website, including (but not limited to) which version of the terms and
conditions that govern a particular dispute and the content that was published or functionality
was available on our website at a specific point in time.
5. For purposes of Section 22(2) of the Electronic Communications and Transactions Act, 25 of
2002 you accept that the agreement will be regarded as concluded at Randburg, Gauteng
Province.
6. All matters arising from this agreement, its validity, existence or termination shall be
determined in accordance with the laws of the time of the Republic of South Africa, and you
hereby submit to the jurisdiction of the Magistrates’ Court of Johannesburg/Randburg.
7. MDS’ prices are set out in its price list or are as negotiated or quoted to the Client and are
subject to review from time to time.
8. Prices quoted are based on the information provided by the Client. Should this information be
found to be incorrect, MDS has the right to adjust the prices based on the correct information
while continuing with the carriage.
9. Any credit limit, invoice frequency, or payment terms set by MDS shall be at its sole and
absolute discretion and may be changed by MDS depending on circumstances that MDS
believes justifies such changes.
10. The Customer Acknowledges That
1. In terms of the Disaster Management Act 57 of 2002 (“the Act”) and the current Alert
Level Regulations thereof (“the Regulations”), MDS Collivery can only deliver the goods to
the Customer in relation to goods and services as defined in the Regulations (“the allowed
purpose”)
2. MDS Collivery is delivering the goods to the Customer on the strict understanding the
goods are purchased and will be used and/or on-sold by the Customer for the allowed
purpose. The Customer indemnifies and holds(MDS Collivery, its affiliates and their
respective personnel harmless from and against any liability and losses arising from or in
connection with the Customer’s failure to purchase the goods in accordance with the
provisions of the Act and the Regulations.
3. Liability
1. MDS’ liability to the Client in respect of goods in its care:
1. Will terminate once proof of delivery has been obtained from the receiving party at the
address stated on the waybill.
2. Shall be limited to an amount of R1 000.00 (One Thousand Rand).
3. Shall exclude indirect and consequential damages.
4. Where MDS has agreed to accept the additional risk of carriage, such risk shall not exceed
an amount of R10 000.00 (Ten thousand Rand) relating to any one waybill. This risk
relates to the loss of goods, and does not cover damage resulting from inadequate
packaging of the items by you or your agents. This acceptance of risk relates exclusively
to the direct cost of replacement of goods, and shall in no way cover any indirect or
consequential losses.
2. Any claim for loss or damage should be lodged within 7 days of loss by completing the on-line
claim form on the customer interface. Any claim lodged after such date will not be considered.
3. Failure to supply necessary documents requested to support the claim will result in the claim
not being considered.
4. Valid Claims will only be paid by MDS in respect of any consignment after the Client has paid
all outstanding Freight Charges in respect of that consignment and where the Client’s account
with MDS has been paid in accordance with the credit terms extended.
5. Freight charges relating to the consignment covered by the Risk Cover shall not be included in
the calculation of any amount payable under the risk cover offered by MDS.
6. Where a claim has been paid in full for goods damaged, MDS reserves the right to take
possession of the goods as salvage and to dispose of such goods as it sees fit.
7. MDS shall not be liable for failure to fulfil its obligations if such failure is due to war, civil
disobedience, industrial dispute, acts of God, or any event beyond MDS’ reasonable control.
8. If MDS is unable for any reason to effect delivery of the goods, all reasonable steps will be
taken to return the goods to the Client. The Client will, however, be responsible for the costs of
carriage, attempted delivery and return of the goods. Any failure to deliver or any late
deliveries may not be used as motivation for non-payment for that delivery.
9. MDS will not be responsible for any fulfilment of Customs formalities or payments. However,
MDS will assist the Client as far as possible, on condition that such assistance will be rendered
at the sole risk and responsibility of the Client and the Client undertakes to indemnify MDS
against any claims in this respect.
10. The Client warrants that:
1. The goods are accurately described on the waybill.
2. The waybill is printed and affixed to the parcel.
3. The goods are adequately packed and accurately addressed on the system generated
waybill to enable delivery to take place with ordinary care and handling.
4. The Client has to the best of its knowledge and belief, complied with all laws, rules and
regulations regarding, the carriage and that the goods are not prohibited by Government
regulation.
11. The Client agrees to MDS’ terms of payment and agrees that MDS shall be entitled to suspend,
delay and/or cancel collection and/or delivery of any consignment(s) in the event of non
payment, or to hold the consignments until such time as the account has been settled in full or
to MDS’ satisfaction.
12. Failure to pay your account within 30 (thirty) days from the date of delivery of a tax invoice will
attract interest in terms of the National Credit Act.
13. Disputes and account queries must be made in writing to the accounts department within 7
(seven) days after receipt of invoice with specific details of the dispute or query.
14. You will be liable for all legal costs incurred by MDS on a scale as between attorney and Client,
(including, but not limited to Sheriffs fees, collection commission and tracing agent’s fees) in
the event of MDS having to institute legal action in order to secure payment of any outstanding
account.
4. Risk Cover Exclusions
1. MDS will not be liable for any claims made by Client in any of the following circumstances:
1. Where the Client fails to submit the Claim to MDS within the relevant time limits.
2. Where MDS is in possession of an unendorsed proof of delivery form for the consignment.
3. Where the Goods consigned are Excluded Goods, where “Excluded Goods” means each of
the following items:- Money, bullion, credit cards, pre-paid cards, jewelry, watches,
precious stones, furs, treasury notes, securities; stamps, patterns or manuscripts, plans,
designs, explosives and all livestock or plants, guns, ammunition, hazardous goods and
dangerous goods / materials, negotiable instruments, gemstones, works of art, securities,
drugs, all framed pictures; artwork, solar panels or parts, mirrors and negotiable
instruments, including collectible coins, cellphones, furniture and antiques, including
fossils or fossil pieces, motor vehicle panels and body parts including windscreens are
carried entirely at your risk. Second – hand goods that have not been declared as such to
MDS, who reserves the right to inspect second hand goods before acceptance and to
delay the transit time by one day to effect such inspection.
4. Where MDS in its reasonable opinion considers the Packaging of the Goods to be
inadequate for rail, air or road transportation. In the event of a claim for damage, the
receiver must retain all inner and outer packaging materials as well as the damaged
goods. Failure by the receiver to retain the original goods and packaging at the original
delivery location or the failure to make the delivered goods available for inspection will
invalidate the claim.
5. Where the Goods are determined by MDS to have been defective prior to the Carriage.
6. Where damage, mechanical failure or other operational defect in the Goods could not, in
the reasonable opinion of MDS, have been caused by the Carriage.
7. Where MDS fails, delays or is unable to carry out its obligations under this contract due to
strikes and / or lockouts (whether of MDS’ own employees or those of others and whether
or not MDS could have avoided the same by acceding to the demands of the employees
responsible for such action), acts of God, war, terrorism, fire, flood, embargo, litigation,
acts of government or any agency instrumentality or any political subdivision thereof or
any other cause beyond the control MDS.
8. Where the goods have been lost or damaged as a result of derailments, collisions,
overturning or any similar incident.
9. Where the Goods have not been packed in the original manufacturer’s packaging or the
equivalent.
10. Where the Delivery Address is a post office box, a roadside drop or postal mail box.
5. Amendments to Terms and Conditions of Contract
1. MDS reserves the right to amend these terms and conditions of contract from time to time,
without prior notice to the Customer.
