1. Introduction and acceptance
1.1 These Terms and Conditions ("these Terms") govern access to and use of the website located at asiaparts.co.za ("the Website"), which is owned and operated by Asian Auto Parts ("the Company", "we", "us" or "our").
1.2 By accessing, browsing or otherwise using the Website, the user ("you" or "the User") confirms that they have read, understood and accepted these Terms and agree to be bound by them.
1.3 Any User who does not accept these Terms must immediately cease using the Website and may not copy, download, reproduce or distribute any of its content.
1.4 Clause headings are for convenience only and shall not affect the interpretation of these Terms. Unless the context indicates otherwise, the singular includes the plural and vice versa, and a reference to a natural person includes a juristic person.
2. Intellectual property and permitted use
2.1 Unless expressly stated otherwise, all intellectual property rights in the Website and its content, including text, part listings, images, graphics, logos, designs, layout and the Asian Auto Parts name and logo, are owned by or licensed to the Company. All rights not expressly granted in these Terms are reserved.
2.2 The User may view the Website, store a copy of individual pages on their own device and print pages, solely for personal and non-commercial purposes and subject to these Terms.
2.3 Vehicle manufacturer names and trademarks displayed on the Website, including Haval, GWM, Chery, Omoda, Foton and Mahindra, are the property of their respective owners. They are used solely to identify the vehicles for which parts are supplied. The Company is an independent parts supplier and is not an appointed dealer or agent of any vehicle manufacturer.
3. Acceptable use
3.1 The User shall not:
3.1.1 use the Website in any manner that causes, or is likely to cause, damage to the Website or impairs its availability or accessibility;
3.1.2 use the Website for any unlawful, fraudulent or harmful purpose, or in connection with any such activity;
3.1.3 transmit, upload or distribute through the Website any virus, malware or other malicious software;
3.1.4 conduct any systematic or automated collection of data from the Website, including by means of scraping, data mining or harvesting tools;
3.1.5 use the Website to send unsolicited commercial communications; or
3.1.6 republish, sell, license, publicly display or otherwise commercially exploit any content of the Website without the Company's prior written consent.
4. Cookies
4.1 A cookie is a small data file placed in a User's web browser by a website to recognise the User's device on subsequent visits.
4.2 The Website does not presently use cookies to track Users or to store personal information. Should the Company introduce cookies in future, this clause will be amended to describe their nature and purpose.
4.3 Users may block or delete cookies at any time through their browser settings.
5. Third-party websites
5.1 The Website contains links to services that are not owned or controlled by the Company, including WhatsApp, Facebook, X and Google Maps. The use of such services is subject to their own terms and privacy policies, and such services may place their own cookies.
5.2 The inclusion of a link does not constitute an endorsement of, or acceptance of responsibility for, the linked website, its content, products or services.
5.3 The Company shall not be liable for the availability of any third-party website, nor for any loss or damage arising from the User's access to or use of such a website.
6. Disclaimer
6.1 The Company takes reasonable care to ensure that the Website is accurate and available. However, the Website is provided on an "as is" and "as available" basis, and the Company gives no warranty that:
6.1.1 the Website will operate without interruption or error;
6.1.2 the information, descriptions and part listings on the Website are complete, accurate or current; or
6.1.3 the Website or its server is free of viruses or other harmful components.
6.2 Part listings on the Website are provided for general information only and do not constitute confirmation of stock availability, price or fitment. The part, price and availability shall be confirmed directly with the User before any sale is concluded.
6.3 Clause 6.1 applies equally to any third-party website linked to the Website.
7. Limitation of liability
7.1 To the fullest extent permitted by law, neither the Company nor its owners, employees, agents or suppliers shall be liable for any direct, indirect or consequential loss or damage of whatsoever nature arising from:
7.1.1 the use of, or inability to use, the Website;
7.1.2 the use of, or inability to use, any third-party website linked to the Website;
7.1.3 reliance on any content of the Website without confirmation from the Company; or
7.1.4 the processing of personal information in accordance with clause 8.
7.2 Nothing in these Terms shall exclude or limit any right of the User, or any liability of the Company, that may not be excluded or limited under the Consumer Protection Act 68 of 2008 ("the CPA") or any other applicable law. Goods purchased from the Company remain subject to the Company's Returns and Warranty Policy.
8. Protection of personal information
8.1 The Company respects the privacy of Users and processes personal information in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA").
8.2 The Company collects only the personal information that the User voluntarily provides when contacting the Company through the Website, WhatsApp, telephone or email. This may include the User's name, telephone or WhatsApp number, email address, vehicle details (including make, model, year, VIN or registration number) and the parts enquired about.
8.3 Personal information is processed solely for the following purposes:
8.3.1 responding to enquiries and providing quotations;
8.3.2 identifying the correct part for the User's vehicle;
8.3.3 processing orders, deliveries, returns and warranty claims; and
8.3.4 complying with the Company's legal and record-keeping obligations.
8.4 The Company shall not sell personal information. Personal information shall be disclosed to a third party only where necessary to fulfil the User's request (for example, to a supplier or courier), with the User's consent, or where required or permitted by law.
8.5 Personal information shall be retained only for as long as is necessary for the purposes set out in clause 8.3 or as required by law, after which it shall be securely deleted or destroyed.
8.6 The Company may compile anonymous statistical information regarding use of the Website, provided that such information cannot be linked to any identifiable User.
8.7 A User may request access to, correction of or deletion of their personal information by contacting the Company at the details in clause 11. A User who is dissatisfied with the Company's handling of their personal information may lodge a complaint with the Information Regulator of South Africa.
9. Governing law and disputes
9.1 These Terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
9.2 Any dispute arising from these Terms or the use of the Website shall first be referred to the Company in writing, and the parties shall endeavour in good faith to resolve it within 20 business days.
9.3 Should the dispute not be resolved within that period, either party may refer it to mediation, or to any court, ombud or regulatory body with jurisdiction, including the Motor Industry Ombudsman of South Africa or the National Consumer Commission.
10. Amendments
10.1 The Company may amend these Terms at any time. The current version shall be published on the Website together with the date on which it was last updated.
10.2 Continued use of the Website after an amendment has been published shall constitute acceptance of the amended Terms.
11. Complaints and contact details
11.1 Any query or complaint concerning the Website or these Terms may be directed to the Company as follows:
- Email: sales@asiaparts.co.za
- Telephone / WhatsApp: 071 996 5676
- Physical address: Unit 6, 41 Heidelberg Avenue, New Market Junction, Alberton