Terms of using the website
If you have any questions about these Terms, please contact us
Last updated – January 2024
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.thaijapanmotorspareparts.com website (the “Service”) operated by Japan Auto (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Definitions
Agreement, shall mean the agreement of sale between the Customer and JAT and shall include the invoice and this terms and conditions.
Company, shall mean Japan Auto Trading CC or its successor in title.
Consumer Protection Act, shall mean the Consumer Protection Act 68 of 2008.
Credit Act, shall mean the National Credit Act, Act 68 of 2008, and any regulations passed in terms thereof.
Customer, shall mean the name of the Customer as reflected on the invoice rendered by JAT.
Day, shall mean calendar days, including weekends and public holidays, unless specified otherwise.
Delivery address, shall mean the address for delivery, as specified by the Customer in writing, if applicable.
EFT, shall mean Electronic Funds Transfer in terns of South African banking practice.
Goods shall mean those items of whatever nature supplied by the Company to the Customer.
Parties shall mean the Company and the Customer and “Party” means either one of them as the context dictates.
RMI shall mean the South African Retail Motor Industry Organisation.
General
Expressions which Denote:
- Any gender shall include the other genders;
- A natural person shall include a juristic person and vice versa; and
- The singular shall include the plural and vice versa.
All or any Goods supplied by the Company to the Customer shall, unless otherwise agreed to on the contrary by the Parties in writing, be supplied on the terms and conditions set out herein
Where applicable, these terms and conditions shall be in addition to, and not in substitution for, any other terms agreed between the Parties in writing and signed by both Parties.
Should there be any conflict between the terms and conditions herein contained and the terms and conditions of any other documents issued by the company, then unless otherwise indicated and/or accepted in writing by the Company, the provisions of this document shall prevail.
Who are we and what we do
Japan Auto Pty Ltd is a business in the Motor &service industry that distributes and sells all automotive related products
Company information
This website is run by Japan Auto Pty Ltd (private company) based in South Africa trading as Japan Auto Pty Ltd.
Online Payments
Payment may be made via Visa or MasterCard Cards or by bank transfer into the Japan Auto Ltd bank account, the details of which will be provided on request.
– Card acquiring and security
Card transactions will be acquired for Japan Auto Pty Ltd via Payfast (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. Payfast uses the strictest form of encryption, namely Secure Socket Layer 3(SSL3) and no Card details are stored on the website. Users may go to www.payfast.co.za to view their security certificate and security policy.
– Customer details separate from card details
Customer details will be stored by Japan Auto Pty Ltd separately from card details which are entered by the client on Payfast’s secure site. For more detail on Payfast refer to www.payfast.co.za.
– Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa.
Transaction currency is South African Rand (ZAR).
– Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa.
Transaction currency is South African Rand (ZAR).
Payments (General)
Unless otherwise agreed in writing, payment of the purchase price of Goods supplied by the Company to the Customer shall be paid without deducting or set off and free of bank exchange as directed by the Company immediately, prior to collection or delivery.
Payment made directly into the bank account of the Company will be considered to have been received by the Company on the date on which such payment is credited to the Company’s bank account.
If payment is made by the Customer, by means of an EFT, it is the sole duty and responsibility of the Customer to verify the authenticity of the banking details of the Company, prior to payment.
The Company shall not be responsible either in part or in full for any loss suffered by a customer as a result of payment into the wrong banking account, banking fraud and related situations.
The Customer further agrees that the Company shall be entitled to appropriate any payments made by the Customer to any indebtedness whatsoever, notwithstanding the purported allocation by the Customer of the payment to any specific indebtedness.
With regard to EFT’s made by the Customer, in order to qualify as being paid by due date, such payment must be reflected in the Company’s bank statement.
Delivery policy
Delivery of the goods shall take place at the provided delivery address, if applicable.
A delivery note or similar document, signed by the Customer shall constitute prima facie proof of proper delivery of the Goods to the Customer.
In all cases where delivery to the customer is affected through a carrier engaged by the Company, the carrier shall be deemed to be the Company’s agent and the Company shall engage the carrier on such terms and conditions as it deems fit.
In all cases where the Customer, or a carrier engaged by the customer, collects the goods the carrier shall be deemed to be the Customers agent and, notwithstanding the provisions of clause 22, delivery of goods shall be deemed to have been made when the goods are loaded onto the Customer carrier’s transport vehicle and the signature of any employee of the Customer or carrier, as the case may be, on the company’s delivery note or waybill shall be prima facie proof of the proper delivery of the Goods to the Customer.
In the event of a dispute arising as to the quantity of the Goods sold or delivered, the onus of proving that the Goods were not delivered and/or the quantity thereof is not in accordance with the invoice issued by the company, shall be upon the Customer and the customer is to notify the company within 5 days.
Any date indicated by the Company for delivery or collection of the Goods shall be regarded as an estimated date of delivery and shall not constitute a contractual obligation.
The Company shall not be liable for any loss or damage of whatsoever nature incurred or suffered by the Customer as a result of or in connection with any late, incorrect, partial or non-delivery (including collection).
While the Company will make reasonable endeavours to deliver timeously, the Customer shall not be entitled to cancel repudiate this Agreement or an order or claim damages or refuse to accept delivery or part of delivery on the grounds of a delay in the delivery of the order or any part thereof for any cause whatsoever.
The parties agree that time is not of the essence, unless agreed to in writing.
All deliveries are subject to the availability of the Goods and the company shall be entitled, in its sole discretion, to split delivery of the Goods ordered by the Customer in the quantities and the dates it decides and to invoice them separately to the Customer. Where the company effects part delivery in respect of any order, each instalment of Goods delivered shall be deemed to be the subject of a separate agreement or order and non-delivery or delay in delivery of any part of the order shall not affect the balance of the order or entitle the customer to cancel the order.
All deliveries are subject to the availability of the Goods and the company shall be entitled, in its sole discretion, to split delivery of the Goods ordered by the Customer in the quantities and the dates it decides and to invoice them separately to the Customer. Where the company effects part delivery in respect of any order, each instalment of Goods delivered shall be deemed to be the subject of a separate agreement or order and non-delivery or delay in delivery of any part of the order shall not affect the balance of the order or entitle the customer to cancel the order.
The Customer shall have no right to lodge a claim in respect of discrepancies between the number of parcels delivered, unless the Customer has specified on the delivery note (proof of delivery) the nature of discrepancies.
The Company shall have the right to cancel an order where the Company is unable to supply and/or deliver the Goods for any reason, including due to “Force Majuere” and shall not be liable for damages (including consequential or special damages) arising out of such cancellation.
The offering on this website is available to South African clients only.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by Japan Auto
Japan Auto has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Japan Auto shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Ownership and risk
Ownership of the Goods shall not pass to the Customer until the purchase price in respect of such Goods has been paid in full. The Customer, accordingly, shall not be entitled to pledge or in any way encumber any of the Goods not paid for, or permit attachment by any third party, or dispose of or alienate such Goods, other than the Customer being entitled to sell such Goods in the ordinary and normal course of business.
Notwithstanding the a foregoing, all the risk in and to the Goods shall pass to the Customer on delivery of the Goods to the Customer as provided for above.
Domicilium
The Company chooses its domicilium citandi et executandi for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from this agreement at their respective addresses set forth below:
PHYSICAL: 2 Harold Flight Rd, Jet Park, Boksburg, 1459 and
EMAIL: admin@thaijapanmotorspareparts.com
Limitation of company’s liability
The Company shall under no circumstances be liable for any loss or damages (including direct, indirect and consequential damages and loss or loss of profits) of whatsoever nature and howsoever arising suffered by the Customer by reason of any default, delay or breach on the part of the Company, its employees or subcontractors or agents in performing any of the obligations owed by it to the Customer including, without derogating from generality of the a-foregoing, the non-delivery or late delivery of Goods or any part thereof or the Goods not complying with the sale in whole or in part.
Under no circumstances shall the Company be liable for any damage arising from any misuse, abuse or neglect of the Goods or services.
The Company shall not be liable, under any circumstances whatsoever, in respect of, inter alia, any labour, towing, vehicle hire, and insurance costs incurred by the Customer.
Indulgences / No waiver
No indulgences, extensions of time, relaxation or latitude granted or allowed to the Customer by the Company shall constitute or be deemed to constitute a waiver of the Company’s rights in terms hereof, nor shall such relaxation, indulgence or latitude be construed as a novation of any of the terms and conditions set out herein, nor shall the company be prejudiced or stopped from exercising any of its rights against the Customer in future.
Entire agreement and variation
This agreement constitutes the entire agreement between the Company and the Customer and no amendment or variation or consensual cancellation hereof will be binding on the company unless signed by a duty authorised representative of the Company.
Returns / Exchanges
Due to the nature of the goods sold by the Company, which goods are sold in a used condition, the Customer shall not be entitled to return or exchange any goods which was correctly supplied and in working as per the Customers request.
The Company has adopted the no return/ exchange policy due to fraud and theft, whereby goods are purchased and components are swapped or removed, then returned to the Company.
The Company does not guarantee any of its goods sold to be suitable for the intended use of the Customer. It is the duty of the customer to ensure the suitability of the goods. Sales advice is offered in line with customer service and does not constitute professional advice. All goods are sold voetstoets.
Warranty
Each different category of goods supplied by the Company are accompanied by different warranty provisions as per Annexe A hereto.
Annexe A has been drafted in plain and simple language and in a separate document in order to ensure that the provisions thereof are properly brought to the attention of the customer.
Governing Law
These terms and conditions and any sale pursuant hereto shall be construed and governed in accordance with the laws of the Republic of South Africa and shall be subject to the jurisdiction of the South African courts.
Jurisdiction and costs
In the event that, either party is entitled to institute legal proceedings in respect of a claim arising out of these Terms and Conditions or any termination thereof, the Parties hereby consent to the jurisdiction of the Magistrates Court notwithstanding the value of the claim exceeding the jurisdiction of the court. The foregoing consent shall not preclude either party from instituting action in any other court of competent jurisdiction.
The Customer agrees that, should the Company institute legal proceedings against the Customer in terms of these terms and conditions, the Company shall be entitled to recover its legal costs on the scale as between attorney and own client from, including collection commission and tracing fees.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
