Terms and Conditions
Last updated: [DATE]
1. Who we are
This website, gearxonlineparts.co.za (“the Website”), is owned and operated by [FULL REGISTERED COMPANY NAME] (Registration number [CIPC REG NUMBER]), trading as Gear X Online Parts (“we”, “us”, “our”).
In accordance with Section 43 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), our details are as follows:
- Registered name: [FULL REGISTERED COMPANY NAME]
- Registration number: [CIPC REG NUMBER]
- VAT number: [VAT NUMBER, or state “Not VAT registered”]
- Physical address: [STREET ADDRESS, SUBURB, CITY, POSTAL CODE]
- Postal address: [POSTAL ADDRESS]
- Telephone: 062 739 0047
- Email: [SALES/SUPPORT EMAIL]
- Directors / Members: [NAMES]
- Website: https://gearxonlineparts.co.za
We specialise in the supply of gearbox parts, transmission components, mechatronics units and related automotive spares.
2. Acceptance of these terms
By accessing, browsing or placing an order through the Website, you agree to be bound by these Terms and Conditions, our Privacy Policy, and our Refund and Returns Policy, which together form the agreement between you and us.
If you do not agree to these terms, you must not use the Website.
We may amend these terms from time to time. The version published on the Website at the time you place an order governs that order.
3. Eligibility to purchase
You may only place an order if you are at least 18 years of age and legally capable of entering into a binding contract. If you are ordering on behalf of a business, you warrant that you are authorised to bind that business.
4. Products, descriptions and fitment
We take reasonable care to describe our products accurately. However:
- Product images are for illustration only. The item supplied may differ in appearance, packaging or casting marks from the image shown.
- Part numbers, vehicle applications, model years and specifications listed on the Website are provided as a guide only.
- It remains your responsibility to verify that a part is correct for your specific vehicle before ordering. This includes checking the OEM part number, engine code, gearbox code, VIN-specific variant, and year of manufacture.
If you are unsure, contact us before ordering and provide your vehicle’s VIN number and gearbox code. We are happy to assist, but any fitment guidance we provide is advisory and does not shift responsibility for verification away from you.
We do not warrant that any part will be compatible with modifications, aftermarket components, or non-standard configurations fitted to your vehicle.
5. Pricing
All prices are displayed in South African Rand (ZAR) and, where we are VAT registered, are inclusive of Value Added Tax at the prevailing rate unless expressly stated otherwise.
Prices exclude delivery charges, which are calculated at checkout.
We reserve the right to change prices at any time without notice. Price changes will not affect orders already accepted and paid for.
In the event of an obvious pricing error — for example, a part listed at a price materially below its cost as a result of a typographical, system or human error — we are not obliged to supply the product at that price. We will notify you, cancel the order, and refund any amount paid in full. This does not limit your rights under Section 23(9) of the Consumer Protection Act 68 of 2008 (“CPA”) in respect of genuinely displayed prices.
6. Orders and formation of contract
Your submission of an order constitutes an offer to purchase. No contract comes into existence until we have:
- received payment in full (or, where credit terms have been agreed in writing, accepted your order); and
- sent you a confirmation of dispatch.
An automated order acknowledgement email is not acceptance of your order.
We reserve the right to decline any order, in whole or in part, including where the product is out of stock, where we suspect fraudulent activity, or where a pricing error has occurred. Where we decline an order after payment, we will refund you in full.
7. Payment
We accept the payment methods displayed at checkout. All card payments are processed by our third-party payment provider, [PAYMENT GATEWAY NAME]. We do not store your card details.
Where payment is made by EFT, goods will only be dispatched once funds reflect in our account.
Ownership in the goods passes to you only on receipt of payment in full. Risk in the goods passes to you on delivery or collection.
8. Delivery and collection
We deliver within the Republic of South Africa. Delivery is free on orders over R5,000; below that threshold, delivery charges are calculated at checkout.
Estimated delivery timeframes are [X–Y] business days for main centres and [X–Y] business days for outlying areas. These are estimates and not guarantees.
Where we have agreed a delivery date and fail to deliver on that date, Section 19 of the CPA applies: you may accept a later delivery or cancel the order and receive a full refund.
Collection is available from [COLLECTION ADDRESS] during [OPERATING HOURS]. Please await confirmation that your order is ready before travelling.
On delivery or collection, you must inspect the goods and notify us in writing of any shortage, visible damage or incorrect item within 48 hours.
9. Cooling-off right
Because you are transacting electronically, Section 44 of ECTA gives you the right to cancel your order without reason and without penalty within 7 (seven) days after the date you receive the goods.
Where you exercise this right, you must return the goods to us at your own cost, unused and in their original packaging. We will refund the purchase price within 30 days of cancellation. We may deduct the direct cost of returning the goods.
This right does not apply to goods manufactured, made up or customised to your specification.
Full details are set out in our Refund and Returns Policy.
10. Warranty
In terms of Section 56 of the CPA, all goods sold carry an implied warranty of quality for a period of 6 (six) months from the date of delivery. If, within this period, goods are found to be defective, unsafe, or not fit for their ordinary intended purpose, you may return them and elect a repair, replacement or refund.
Where a manufacturer offers a longer or additional warranty on a particular part, the terms of that warranty will be supplied with the product and apply in addition to your statutory rights.
The warranty does not cover:
- fair wear and tear;
- damage caused by incorrect installation, or installation by a person who is not a suitably qualified technician;
- damage arising from the failure of an associated component (for example, a failed torque converter or contaminated transmission fluid destroying a replacement mechatronics unit);
- damage caused by misuse, abuse, racing, overloading, or continued operation of a vehicle after a fault has become apparent;
- parts that have been dismantled, modified, or had serial numbers or seals removed or defaced;
- consequential loss, including towing costs, labour costs, diagnostic fees, loss of use of the vehicle, or loss of income.
Warranty claims must be accompanied by proof of purchase and, where we reasonably require it, a report from a qualified transmission specialist. We reserve the right to inspect or bench-test any part before approving a claim.
11. Second-hand, refurbished and reconditioned parts
Where a part is described as used, second-hand, refurbished, reconditioned or “as-is”, this is disclosed in the product description and reflected in the price. In accordance with Section 55(6) of the CPA, you accept the goods in the condition disclosed to you.
Reconditioned parts carry a warranty of [SPECIFY, e.g. 3 months] against defects, unless otherwise stated on the product page.
12. Limitation of liability
To the maximum extent permitted by law, and subject always to your rights under the CPA:
- our total liability arising out of any order is limited to the purchase price of the goods concerned;
- we are not liable for any indirect, incidental or consequential loss, including labour, towing, diagnostic charges, loss of use, loss of profit, or damage to the vehicle or other components;
- we are not liable for any loss arising from your failure to verify part compatibility, or from installation by an unqualified person.
Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or for any liability that cannot lawfully be excluded.
13. Intellectual property
All content on the Website, including the Gear X Online Parts name and logo, text, graphics, product photography and layout, is our property or is licensed to us, and is protected by copyright and trade mark law. You may not reproduce, distribute or use it without our prior written consent.
Manufacturer names, part numbers, logos and trade marks (including VW, Audi, and others) are the property of their respective owners and are referenced solely to identify vehicle applications. We are not an authorised dealer for, or affiliated with, any vehicle manufacturer unless expressly stated.
14. Your account
You are responsible for keeping your account password confidential and for all activity under your account. Notify us immediately if you suspect unauthorised use.
We may suspend or terminate an account where we reasonably suspect fraud, abuse, or breach of these terms.
15. Privacy
Your personal information is processed in accordance with our Privacy Policy and the Protection of Personal Information Act 4 of 2013 (“POPIA”).
16. Force majeure
We are not liable for any delay or failure to perform arising from causes beyond our reasonable control, including load shedding, industrial action, port or customs delays, natural disasters, civil unrest, or failure of a courier or supplier.
17. Complaints and dispute resolution
If you have a complaint, please contact us in the first instance at [SUPPORT EMAIL] or 062 739 0047. We will endeavour to resolve the matter within 15 business days.
If we are unable to resolve the dispute, you may refer it to the National Consumer Commission or to the Consumer Goods and Services Ombud:
- Consumer Goods and Services Ombud: Share Call 0860 000 272 | info@cgso.org.za | www.cgso.org.za
- National Consumer Commission: 012 428 7000 | complaints@thencc.org.za
Nothing in this clause prevents either party from approaching a court of competent jurisdiction.
18. General
Governing law. These terms are governed by the laws of the Republic of South Africa.
Jurisdiction. You consent to the jurisdiction of the Magistrate’s Court having jurisdiction over you in terms of Section 45 of the Magistrates’ Courts Act 32 of 1944, notwithstanding that the amount in dispute may exceed the jurisdiction of that court. We retain the right to institute proceedings in a High Court.
Severability. If any provision of these terms is found to be unenforceable, the remaining provisions remain in full force.
Whole agreement. These terms, together with the Privacy Policy and Refund and Returns Policy, constitute the entire agreement between the parties.
Notices. Notices to us must be sent to [SUPPORT EMAIL] or delivered to our physical address. Notices to you will be sent to the email address on your account.
19. Contact us
[FULL REGISTERED COMPANY NAME] t/a Gear X Online Parts
[PHYSICAL ADDRESS]
Telephone: 062 739 0047
Email: [SUPPORT EMAIL]
