TERMS AND CONDITIONS OF USE

1.    Introduction

1.1.These Website Terms and Conditions (T&Cs), which include any Policies on Hiray Motorsport’s website, apply to the ordering, sale and delivery of Products and services, access to the information and use of this Website by Customers.

1.2.By using this Website you are bound by and agree to these T&Cs, which we may change without notice from time to time. If you do not agree to any of the T&Cs you should not continue to use the Website.

1.3.When placing an online order, you will be required to create an account which will confirm your consent to and acceptance of our T&Cs. 

1.4.These Terms and Conditions are important and should be read carefully as they contain provisions which, within the limits of the Consumer Protection Act, may limit Hiray Motorsport (Pty) Ltd’s risk or liability, create risk or liability for you as the consumer, will compel you to indemnity Hiray Motorsport (Pty) Ltd and serves as an acknowledgement by you of fact.

1.5.Should you not understand any of the contents of these T&Cs, please contact Hiray Motorsport (Pty) Ltd to explain same before accepting them.

 

2.    Definitions

2.1.“HM” means Hiray Motorsport (Pty) Ltd.

2.2."Customer” means any natural or juristic person who enters or intends entering into an online electronic transaction with HM as the consumer of the products or services offered by HM;

2.3.“Performance Parts” means any products selected from the HM website;

2.4.“Services” means any service related offers selected from the HM website; 

2.5.“Items” means the Product/s selected by the Consumer for purchase when placing and Order on the HM Website.

2.6. “Order” means one or more Products purchased by you from the HM website.

2.7."Policies" means the various HM policies contained in or referred to herein and on our Website, including product information, which form part of these Terms and Conditions and which may be updated from time to time;

2.8."Products" means all products displayed for sale on our website.

2.9.“Services” means all products displayed for sale on our website.

2.10.               “Website” means our websites and online stores, which can be accessed at www.hiraymotorsport.com, www.ecumastersa.co.za, www.ksportsa.com or http://modboostingshop.hiraymotorsport.com/index.php, owned and operated by Hiray Motorsport (Pty)Ltd. 

2.11.               “Working Days” means between 08h00 and 17h00 Monday to Friday, excluding Saturdays, Sundays and statutory public holidays in the Republic of South Africa.

3.    SUPPLY OF  GOODS AND/OR SERVICES IN TERMS OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 ("The Act")

3.1.Insofar as this these T&Cs fall within the ambit of the Act, the following information is made available to you in respect of the supply of products and/or services offered for sale, by way of an electronic transaction:

3.2.Products and/or Services: The products and/or services provided through the Website are Automobile Parts (OEM and Aftermarket Parts) and Services.

3.3.Complaints and Disputes:

3.3.1.   If you have a complaint about the products or services provided by us please use the "Customer Service -Contact Us" Form on the Website or email us on info@hiraymotorsport.com.

3.3.2.   As provided for in section 42(2)(a) of the Act, you acknowledge and agree that Section 44 of the Act (the Cooling-off period) does not apply to transactions concluded by means of this Website.

4.    USE OF THE WEBSITE AND SOCIAL MEDIA PLATFORMS

4.1.HM is active on Facebook and Instagram and other social media platforms from time to time.

4.2.You agree to use the Website for lawful purposes only and do so at your own initiative.

4.3.You are prohibited from posting reviews, comments, suggestions, ideas, questions or other information through the Website and Social Media Platforms, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind, which content includes but is not limited to:

4.3.1.   any content that may fall within the scope of Section 9 of the Constitution of the Republic of South Africa, which prohibits discrimination on the grounds of, inter alia, race, sex, gender, marital status, religion; or

4.3.2.   any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or

4.3.3.   any content that constitutes an invasion of privacy; or

4.3.4.   any content that is an infringement of any intellectual property right; or

4.3.5.   any content that contains software viruses; or

4.3.6.   any content that constitutes a political statement, commercial solicitation, or "Spam".

4.4.We reserve the right to remove any content from the Website and Social Media Platforms where we deem such content to be an infringement of Clause 4. We reserve the right to, without notice terminate your account should submit to the Website or Social Media Platforms any such harmful content or breach any clauses in the T&Cs.

4.5.The following activities on or through the Website and Social Media Platforms are expressly prohibited:

4.5.1.   the use of any listings, descriptions, and/or price lists from the Website or Social Media Platforms for the benefit of competing against HM; and

4.5.2.   causing large traffic load on the Website or Social Media Platforms, or otherwise interferes with the Website of Social Media Platforms functionality;

4.5.3.   any attempt of unauthorised access to the Website or its related systems or networks;

4.6.When you create an account on the Website, you will be required to provide certain details, including an email and a password. You are responsible for maintaining the confidentiality and security of your email and Password for access to the Website and you accept full liability for all activities that occur through the use of your email and password. 

You may not:

4.6.1.   impersonate another user; or

4.6.2.   provide false information.

4.7.You also confirm your identity details are correct, and that you can prove your identity should we require you to do so.

4.8.Although reasonable steps have been taken to ensure the accuracy of the contents, data and information on our Website, there may be instances where such information proves inaccurate or incomplete. Before making any decision or taking any action which might affect you or your business, you should take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from our Website.

5.    PURCHASES AND STOCK AVAILABILITY

5.1.Use of our website confirms you understand and accept the Terms and Conditions, and you will be bound by these T&C’s during all transactions relating to the purchase of Products from our website.

5.2.Prices displayed on our website are subject to change without notice. Prices will be displayed excluding tax and will only show the tax addition in the final cart, where this is required by legislation.  

5.3.Orders may be cancelled in the event of Products being out of stock, damaged, incorrectly priced, and due to payment for Products not being received. In this circumstance, if an order has been cancelled where a credit card has been the method of payment the amount will be refunded back to the credit card.

5.4.Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the order.

6.    PAYMENT OPTIONS

6.1.Payment is subject at all times to HM’s agreements with its bankers and the outsourced financial transactions service provider.

6.2.You may pay for your online orders and delivery costs using several payment options:

6.2.1.   Credit, cheque or debit card.

6.2.2.   When placing your order, and proving the required personal details, including your payment card details you warrant that you are authorised to make payment with the payment card and that there are enough funds available to pay for your order.

6.2.3.   Bank deposit or EFT,

6.2.3.1.             Please note that payment via EFT can take up to seventy two (72) hours to reflect in our bank account.

6.2.3.2.             If we have not received your payment within seventy two (72) hours, your Order will not be accepted and will be automatically cancelled.

6.2.4.               PayPal (refer to Paypal’s terms and conditions, which you will be bound by when using this payment method.

6.3.Once your payment has been received you will be issued with acknowledgement of payment and the delivery process will then commence.

7.    DELIVERY AND RETURNS

7.1.Deliveries

7.1.1.               Due to the nature of Product, delivery options may differ per product, and not all delivery options are available for all items ordered.

7.1.2.               Delivery fees vary depending on your selected delivery option, Products ordered and location of your delivery address. The delivery fee will be part of the checkout process if selected, alternatively a customer can select to collect their own order.

7.2.Returns and Refunds

7.2.1.   There are no refunds or exchanges on products once deposit/payment has been processed unless explicit consent has been obtained by the consumer from HM and an RMA# is obtained. This is to maintain the high-quality standards expected by our customers.

7.2.2.   Any returns granted are subject to a restocking fee of 25%, shipping is non-refundable and customer is responsible for any additional charges including but not limited to shipping/customs fees on returned items.

 

8.    RISK AND OWNERSHIP

8.1.Once the Order has been collected by you or the courier company, the risk in and to the Products will pass to you as the Customer. Customers are advised to take out additional insurance to cover any loss of products through theft or damage while in transit with the courier company. 

9.    WARRANTY

9.1.Please contact the manufacturer directly for any warranty issues.  Warranty applies to manufactures defect on parts and does not cover improper installation or use of the part.

9.2.If you have any further questions or concerns please contact us via email regarding any warranty issues.

 

1. LIABILITY DISCLAIMER
2. Motorsport can be dangerous. Serious injury, death, and property damage can result from the improper use, control, alteration, or maintenance of motor vehicles. Hiray Motorsport (Pty)Ltd has no control over the usage of any product, Hiray Motorsport (Pty) Ltd expects its customers to exercise good judgment as to the proper selection, installation, use and maintenance of any product. Hiray Motorsport (Pty) Ltd assumes no responsibility for damage or injury of any kind because of the misuse or improper installation or application of any product in any way by any person. Hiray Motorsport (Pty) Ltd shall not be liable for any indirect or consequential damages whatsoever.

 

2. INTELLECTUAL PROPERTY

12.1.               All content included on this Website, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software ("the Content"), is the property of Hiray Motorsport (Pty) Ltd or its content suppliers and is protected by South African and international copyright laws. 

12.2.               The unauthorised submission, removal, modification or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as to personal liability for damages.

3. BREACH

13.1.               Should you breach and of these T&Cs we reserve the right to cancel any Order and/or your account registration, notwithstanding our rights to exercise other legal remedies available to us.

4. APPLICABLE LAW

14.1.               These Terms are governed by the laws of the Republic of South Africa.

5. COMPANY DETAILS

15.1.               Hiray Motorsport (Pty) Ltd a company registered in the Republic of South Africa (Reg. No. 2016/458105/07), with its registered office for legal service of documents at 112 Camp Ground Road, Rondeosch, Cape Town, South Africa, 7700.

15.2.               Telephone Number: +27 79 735 7452.

15.3.               Website Address: www.hiraymotorsport.com, 

http://modboostingshop.hiraymotorsport.com/index.php,

www.ecumastersa.co.za,

www.ksportsa.com.

15.4.               Directors: Ridwaan Banderker and Rehana Banderker