What is Eurorepar?
Thank you for taking the time to read through the Terms and Conditions for the use of the platform, but before we really get into the details of this agreement, please familiarize yourself with the following terms that will be used throughout this document:
“The User” - will be the individual or entity that is using the website for commercial purposes
“Commercial Purposes” - will be understood as the buying on the website
“The Platform” - will be known as the website www.pro-parts.co.za - an online platform provided by the Company
“Items” - will be any and all items listed for sale, regardless of the purpose or the condition of the item
"Agreement" means these terms and conditions and any supplementary documents that, once accepted indicates agreement between the User and the Company.
"Buyer" means a person, firm or company who makes a purchase of any goods or services offered for sale on this site.
"Price" means the price specified by the Seller/Company for goods or services offered for sale.
"Indemnified Party" means the company, its officers, employees, contractors, consultants and agents from time to time, and any related entities, associates or affiliates of the Company, and each of their respective officers, employees, contractors, consultants and agents from time to time.
"Intellectual Property Rights" means industrial and intellectual property whether protected by common law or under statute including (without limitation) copyright and neighbouring rights, all rights in relation to inventions (including registered patents and the benefit of any applications for a patent), plant varieties, plant breeders, registered and unregistered trademarks, registered and unregistered designs including drawings, circuit layouts and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields anywhere in the world.
"Order Basket” means the total value of all items included in an order together with any other additional options selected on such items during checkout.
"Items" means the offering for sale, placing of or creating of any item or Service offering on this platform. "Personal information" or "Your information" means “Personal information”, “your information” or “information” are used interchangeably in this agreement and all mean any and all information you provide to us in using this Site including, but not limited to:
"Seller" means a person, firm, company or entity who offers for sale, or services on this Site
"Site" or "Website" means the Internet website by which Professional Parts offers the services currently available at www.pro-parts.co.za
"user" or "users" for the purposes of this agreement, means any Buyer or Seller, or someone who is otherwise using the Site.
"VAT" means any value added tax calculated at 15%, or other consumption tax.
"we", "us", "our", "ourselves" and "Professional Parts " are used interchangeably in this Agreement and all mean the service www.pro-parts.co.za offers as a division of Cognito Automotive Group (Pty)Ltd.
"you" or "your" means you, whether as a Buyer, Registered user and/or you as a Seller, as the case requires.
Please be aware that the Terms and Conditions for the use of our site is a binding agreement between the User and the Company and the use of the site and its functions is reserved for those that agree unconditionally to what is stipulated in this document.
Your agreement to the terms is indicated by clicking the accept or by transacting as a new user to use the platform. We encourage users to print the Terms and Conditions if required, for future reference and we will update our registered users from time-to-time if we make any changes to this agreement by means of email and indicating what terms have been changed.
By entering any and all personal information on this Site in the creation of an account, in registering with www.pro-parts.co.za, in making a sale or purchase, contact me or by accepting this Agreement, you consent to the processing of your personal information by www.pro-parts.co.za.co.za in terms of the Protection of Personal Information Act and for the purposes of the functions on this platform.
Please note that we will not voluntarily disclose personal information for any purpose whatsoever except where it is necessary based on the functions of this platform. Please refer to our privacy policy.
This website and any mobile application (collectively, this "Site") is owned by Cognito Automotive Group (Pty)Ltd ("We", "Us" or Cognito Automotive Group (Pty)Ltd "). We are providing you with access to this Site and our online store (together, our "Services") subject to the following terms and conditions. By browsing, accessing, using, registering for or purchasing products on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these "Terms"). So, please read these Terms carefully. We reserve the right to change this Site and these Terms at any time. If you are unwilling to be bound by these Terms, you should not browse, access, use, register for or purchase merchandise from the Site. You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.
Our Privacy Policy, which also governs your visit to Our Site, can be found [HERE]. Please review our Privacy Policy for information on how we collect, use and share information about our users.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of this Site. This license grant does not include: (a) any resale or commercial use of this Site or its functions; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this Site and its contents other than those provided on this site; or (d) use of any data mining, robots, or similar data gathering and extraction methods on this Site. You may not use, frame or utilize framing techniques to enclose any of Our trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing Our name, trademark, or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission.
In order to access some features of this Site, you may be required to register, and we may assign to you, or you may be required to select, a password and username or account identification. If you register, you agree to provide Us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
When you use this Site, or send emails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.
This Site may include features and functionality ("Interactive Features") that allows users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Sites ("User Content"). User Content is publicly viewable and may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit to make a purchase. You agree that you are solely responsible for your User Content and for your use of Interactive Features, and that your use any Interactive Features at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:
Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us, we claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this Site the right to access your User Content in connection with their use of this Site. By posting User Content to this Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation. Should you wish to report the abuse of rights as stipulated above, please use abuse@pro-parts.co.za.
Separate and apart from User Content, you may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Us and our products or services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. For the purposes of feedback or reports of abuse, please use abuse@pro-parts.co.za or in the case of customer care, hiccup@pro-parts.co.za.
You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):
We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.
As between you and Us, this Site, including all photographs, images, text, graphics, icons, audio clips, software, source code and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of this Site (collectively, the "Site Content"), including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors and protected by applicable copyright laws. The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents, copyrights, trademarks, trade secrets or other proprietary rights.
You agree that all of your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you. We attempt to be as accurate as possible and eliminate errors on this Site; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your jurisdiction is restricted or prohibited.
13.1 Trading on this Site
• As we are involved in the sale of goods on this Site, we also provide the venue for the trading of goods and as described in this agreement you hereby agree and acknowledge that we:
• we represent the manufacturer or agent of any such manufacturer or sales representative of any such manufacturer, of any goods offered for sale and/or sold on this Site.
• have control over whether, or represent or hold out that, the goods and services offered for sale on this Site are legally able to be sold.
• Guarantee we represent or hold out that the descriptions of any goods and services on this Site will be accurate to the best of our ability.
• will become involved in any dispute arising out of, or in connection with, the completion of any sale and purchase of any goods or services on this Site, or with this Agreement, we do however reserve the right at our sole discretion to mediate between two parties should the conduct of either party impact on the reputation and or image of our business.
Should you as the Buyer obtain any personal information pertaining to a Seller, as the case may be, for any or all purposes listed in this Agreement, you hereby represent and warrant to us, the Seller or Buyer, as the case may be:
13.2 Provision of Services
13.3 Fees
13.5 Buyers
• You agree and warrant to us that:
• your information:
- is accurate and not false, misleading, deceptive or fraudulent.
- does not breach any Intellectual Property Rights of a third party.
- is made in compliance with all applicable laws, government regulations or guidelines.
- is not forged, threatening or offensive or otherwise constitutes harassment.
- does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third-party owner.
- does not contain any viruses, worms, trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not.
- will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature.
- your information will be kept up to date and that you will edit your account/profile and any other information accordingly.
• you have the legal capacity to purchase any goods or services that you purchase, and, will not otherwise be breaching any law in purchasing those goods or services.
• you will not purchase any goods or services on this platform unless you are able, and have sufficient, available capacity to pay for those goods or services.
• the purchase of any goods and/or services on this platform is absolutely at your own risk.
• to the extent permitted by law, the Seller may exclude all terms, conditions, and warranties whether express, implied, statutory, common law, or otherwise, relating to those goods and services, in all of the Seller's dealings in connection with the goods and services that you may purchase from the Seller on this Site.
Following receipt of the confirmation notice the Seller and the successful Buyer will be solely responsible for the following matters, including, but not limited to:
In the event that a Sale is deemed unsuccessful, the order will be cancelled and stock will not be held for the buyer. Should the buyer experience this due to any reason, the buyer should contact the company via hiccup@pro-parts.co.za a and the company will be in contact with the buyer to assist with the process of the completion of the sale and purchase of goods.
The company will verify successful delivery and acceptance of goods with the buyer should the buyer make use of the option to use the company means of delivery and are paid for in full.
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.
You may terminate the Terms at any time by closing your account, discontinuing your use of this Site and providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of this Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify Us of any third-party Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that the We shall have the right to control of the defence or settlement of any third party Claims.
Except as expressly provided, this Site, including all Site Content, and services provided on or in connection with this Site are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We do not represent or warrant that this Site is accurate, complete, reliable, current or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components.
Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall be your right to return the product, or receive a refund for the service under Our applicable returns and exchanges policies. IN NO EVENT SHALL WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES' AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES' GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on this Site. These Terms, which shall be deemed accepted by you upon your use of the Site, constitute the entire agreement among you and Us regarding use of this Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent. These Terms include and incorporate by reference Our Privacy Policy, which can be found at [HERE], and any notices regarding the Site.
Should you have any questions regarding these Terms, our Privacy Policy, or other policy related material can be directed to our support staff by emailing us at: hiccup@pro-parts.co.za.