Terms & Conditions

1. DEFINITIONS

1.1 “card” shall mean the Customer’s debit and/or credit card which they intend
utilising for payment of the Parts;
1.2 “the Company” shall mean Fixeezi (Pty) Ltd t/a Eeziparts;
1.3 “customer/s” shall mean a consumer purchasing Parts on the website and/or a
user of the website irrespective of whether it registers an account;
1.4 “Parts” shall mean second-hand automotive products which are supplied and
sold by Eezi Parts to the Customer;
1.5 “party/ies” shall mean the Customer and/or the Company, jointly or separately,
as the case may be;
1.6 “quotation” shall mean the quote sent to the Customer stipulating the price of
the Parts and ancillary charges;
1.7 “reserved” shall mean a temporary hold on the purchase consideration
contained in the Customer’s bank account prior to payment being effected for the
Parts;
1.8 “terms and conditions” shall mean these terms of conditions together with the
documents referred to herein;
1.9 “website” shall mean the website that can be found at https://eeziparts.co.za/.

2. RECORDAL

2.1 WHEREAS the Company operates a website at https://eeziparts.co.za/.
2.2 AND WHEREAS the Customer is desirous of purchasing parts from the
Company’s website.
2.3 AND WHEREAS the Company intends securing and selling parts to Customers
who are desirous of purchasing the Parts subject to the terms and conditions
contained on the website.
2.4 AND WHEREAS the Customer agrees to be bound by the terms and conditions
contained on the website.

3. HIGHLIGHTED CLAUSES

3.1 These terms and conditions apply to Customers who are consumers for purposes
of the Consumer Protection Act, 68 of 2008 (the “CPA”).
3.2 These terms and conditions contain provisions that appear in similar text
and style to this clause and which –
3.2.1 may limit the risk or liability of the Company; and/or
3.2.2 may create risk or liability for the Customer; and/or
3.2.3 may notify the Customer of the liability of a 3 rd party; and/or
3.2.4 may compel the Customer to indemnify the Company; and/or
3.2.5 serves as an acknowledgement and acceptance, by the Customer, of a fact.
3.3 The Customers attention is drawn to these terms and conditions because
they are important and should be carefully noted.
3.4 If there is any provision in these terms and conditions that the Customer does not
understand, it is the responsibility of the Customer to request the Company to
explain it to the Customer prior to the them accepting the terms and conditions or
continue using the Website.
3.5 Nothing in these terms and conditions is intended or must be understood to
unlawfully restrict, limit or avoid any right or obligation, as the case may be,
created for either the Customer or the Company in terms of the CPA.

3.6 The Company permits the use of this Website subject to the terms and conditions
set out herein.
3.7 By using this Website in any way, the Customer shall be deemed to have
accepted all the terms and conditions unconditionally.
3.8 The Customer undertakes to not use this Website if they do not agree to be
bound by the terms and conditions.

4. REGISTRATION AND USE OF THE WEBSITE

4.1 Only registered Customers may order Parts on the Website.
4.2 To register, the Customer must provide a unique username and password and
provide certain information and personal details to Company. The Customer will
need to use its unique username and password to access the Website in order to
purchase Parts.
4.3 The Customer agrees and warrants that its username and password shall:
4.3.1 be used for personal use only; and
4.3.2 not be disclosed by the Customer to any third party.
4.4 For security purposes the Customer agrees to enter the correct username and
password whenever ordering Parts, failing which the Customer will be denied
access to the website.
4.5 It is the Customer’s responsibility to ensure that it logs out of the account.
The Customer hereby indemnifies and holds the Company harmless for any
breach or unauthorised access to the website utilising the Customer’s login
details.
4.6 The Customer agrees that, once the correct username and password relating to
the Customer’s account have been entered, irrespective of whether the use of the
username and password is unauthorised or fraudulent, the Customer will be held
liable for payment of such order.
4.7 The Customer warrants that it shall not use any device, software or other
instrument which interferes with or may interfere with the functioning of the
website. In addition, the Customer warrants that it shall not utilise any
robot, spider, or other device or software to monitor, reproduce, distribute,
the website or portions of the website for any reason whatsoever, whether
for the Customer’s benefit or any other party’s benefit.
4.8 The Customer agrees to notify the Company immediately upon becoming
aware of or reasonably suspecting any unauthorised access to or use of
the Customer’s username and password and to take steps to mitigate any
resultant loss or harm.

5. CONSUMER PROTECTION ACT

5.1 These terms and conditions are subject to the Consumer Protection Act 68 of
2008 (“the Act”), which includes without limitation that the provisions of the Act do
not apply to juristic persons whose asset value or annual turnover, at the time of
the transaction, exceeds the threshold determined by the Minister in terms of
section 6.
5.2 These terms and conditions contain clauses which limit the risk or liability of the
Company, create risk or liability for the Customer, indemnify the Company in
limited circumstances, notify the Customer of liability of a third party, or serve as
an acknowledgment and acceptance of a fact.
5.3 Any questions pertaining to any terms and conditions may be directed to the
company at [insert email address for queries].

6. PERSONAL INFORMATION

6.1 When registering an account, the Customer will be required to furnish the
Company with personal information to ensure that the Company can inter alia

verify who the Customer is, and perform its obligations pursuant to any order or
sale.
6.2 In order to ensure that obligations to the Customer are fulfilled, the Customer is
requested to update its personal information should it change.
6.3 The Customer warrants that any personal information provided by it is accurate.
The Customer hereby indemnifies the Company against any claim by any third
party for any losses of whatsoever nature which may occur as a result of the
Customer furnishing inaccurate, false, or misleading information about itself, or
any other third party.
6.4 The Company shall only use the Customers personal information to the extent
necessary to confirm the order, deliver Parts, process refunds, and other such
related attendances including but not limited to contacting the Customer
regarding pending orders, past orders.
6.5 The Company shall not disclose personal information to any third party without
the Customer’s consent, save and except to:
6.5.1 the Company’s employees and third parties employed to:
6.5.1.1 communicate with the Customer via the Website for a variety of
reasons related to the Customer’s orders, delivery of Items, to
process refunds, and other such related attendances including but
not limited to contacting the Customer regarding pending orders,
past orders, and to otherwise enhance your shopping experience
on the Website;
6.5.1.2 monitor shopping patterns on the Website;
6.5.1.3 monitor fraud on the Website;
6.5.1.4 enhance and develop the Website from time to time to improve
the overall shopping experience and efficacy of the Website for
the Customer.

6.5.2 the South African Police Services or other such competent law
enforcement authority should the Company have a reasonable
apprehension that the Customer is participating in some illegal activity;
6.5.3 to comply with a subpoena, court order or other legal process served on
the Company, or in any legal proceedings where the Company is a party.
6.6 The Company undertakes to treat the Customer’s personal information as strictly
confidential, and only disclose same or utilise same as provided for in these
terms and conditions. The Company shall use all reasonable endeavours to
protect the Customer’s personal information from any unauthorised use, access,
alteration, or surveillance. Should any unauthorised use, access, alteration or
surveillance occur vis-a-vis the Customer’s personal information, the Company
undertakes to notify Customer as soon as reasonably possible after becoming
aware of such unauthorised use, access, alteration or surveillance thereof.
6.7 Notwithstanding the above undertakings, the Company shall not be liable
for any unauthorised use, access, alteration or surveillance of the
Customer’s personal information by any third party, unless such
unauthorised conduct occurred as a result of the Company’s gross
negligence or wilful conduct.
6.8 The Customer acknowledges that by sharing its personal information with
third parties, the Customer increases the risk of its personal information
becoming known to other parties. The Customer accordingly indemnifies
and holds the Company harmless for any unauthorised use, access,
alteration or surveillance of its personal information by any third party
should the Customer share any of its personal information to any party
other than the Company.

7. APPLICABILITY OF THESE TERMS AND CONDITIONS

7.1 These terms and conditions are applicable to the sale and supply of any and all
Parts from the Company to the Customer.
7.2 These Terms and conditions supersede all prior dealings, negotiations,
representations or agreements between the parties in respect of the Parts
whether written or oral.

8. PRICES AND QUOTATIONS

8.1 The Customer will place an order containing all relevant specifications of the
Parts required on the Website.
8.2 Once the Company is satisfied that the Customer has provided the specifications
of the Parts required, the Company will utilise its best endeavours to source the
Parts.
8.3 It is the responsibility of the Customer to ensure that the specifications of
the Parts are complete and accurate.
8.4 Once the Parts have been sourced, a quotation will be transmitted to the
Customer for approval. Such quotation shall only remain valid for a period of 3
(three) days once transmitted to the Customer. Parts quoted for are not reserved.
8.5 If the Parts are sourced in accordance with any specification provided or made by
the Customer, the Customer will compensate the Company in full on demand for
all claims, expenses, and liabilities of any nature claimed howsoever arising.
8.6 Once the quotation has been approved by the Customer, the Customer will effect
payment of the amount as set out in the quotation.
8.7 Each order for Parts will be deemed to be an offer to purchase the Parts subject
to the terms contained herein.
8.8 Each order placed for Parts will constitute a separate contract.
8.9 An order shall be deemed to constitute an Offer to purchase made by Customer
to the Company.
8.10 No order shall be confirmed unless receipt of payment is confirmed.
8.11 All Parts are subject to availability. Accordingly, the Company may cancel an
order if the Parts are no longer available.
8.12 If the customer elects to purchase Parts, no contract for the supply of Parts will
come into existence until payment of the Parts have been received and delivered.
8.13 Thus, notwithstanding any confirmation generated by the Website, a sale
agreement is only concluded when Parts are delivered by the Company to
the Customer.
8.14 Subject to what is contained in these terms, the Customer may cancel any order
prior to delivery if the Consumer Protection Act 68 of 2008 (“the Act”) applies by
virtue of the fact that the Customer is a natural person or a juristic person whose
asset value or annual turnover, at the time of the transaction, does not exceed
the amount determined by the Minister in terms of section 6 of the Act. If
Customer cancels an order prior to delivery but after receiving a dispatch notice,
the Customer may be held liable for the delivery costs notwithstanding the
cancellation. After delivery of the Parts, a Customer may only return items in
accordance with the Returns provisions set out in these terms and conditions.
8.15 If the Act does not apply to a Customer due to the fact that it is a juristic person
whose asset value or annual turnover, at the time of the transaction, exceeds the
amount determined by the Minister in terms of section 6 of the Act, or does not
apply to the order for any other reason whatsoever, the Customer may not cancel
an order. The Customer may however request to cancel an order which the
Company in its sole discretion may elect to accept or not.

9. ERRORS

9.1 The Customer hereby acknowledges that it is possible that despite the
Company’s best endeavours, mistakes on quotations may occur. The
Customer acknowledges that the Company is under no obligation to

provide Parts to it at an incorrect, lower price, even after the Company has
acknowledged the order or dispatched the Parts.
9.2 If an order is rejected for whatsoever reason (including without limitation
due to lack of availability, pricing error, or other error), the Company will
notify the Customer as soon as possible and refund any payment received
from Customer within 30 (thirty) days.

10. PAYMENT

10.1 All payments must be received by the Company or authorised to the satisfaction
of the Company before it is deemed to be completed.
10.2 To serve the best interests of both parties, the following process will be followed
when the Customer elects to purchase the Parts:
10.2.1 Payment shall be effected by the Customer which shall be reserved on the
Customer’s nominated card;
10.2.2 Upon notification to the Customer that the Company is able to deliver the Parts,
the purchase consideration will be paid to the Company.
10.3 Subject to the capabilities of private banking arrangements, payment for Parts
may be made as follows:
10.3.1 Debit card, provided the Customer supplies all the requisite information;
10.3.2 Credit card, provided the Customer supplies all the requisite information;
10.3.3 Direct bank deposit or electronic funds transfer, within 3 (three) days of
placing your order;
10.3.4 Instant EFT.

11. DELIVERY

11.1 The Parts will be shipped to the Customer subject to the delivery times stipulated
on the Website. The prices may be altered at any time without notification to take
into account any increase in the Company’s costs (including but not limited to the
cost of labour, transport, or other overheads, any tax, duty or variation in
exchange rates).
11.2 Delivery shall in most instances be effected by a courier nominated by the
Company.
11.3 Delivery charges will be quoted on the quotation prior to confirming an
order. By completing the order, the Customer agrees to the delivery charge,
and other ancillary charges which shall be quoted therewith.
11.4 Where Parts are to be delivered by the Company or a courier appointed by the
Company, the Company will provide the Customer with an estimated delivery
time. The estimated delivery time is not to be construed as a warranty that
an order will be delivered within that time. Should the Company be unable
to deliver an order within the estimated delivery time, the Company will
deliver the Items ordered within a reasonable time thereafter.
11.5 For orders below a minimum price threshold which is determined by the
Company in its sole and absolute discretion, the Company will be entitled to levy
a minimum order charge or to add a surcharge for delivery, details of which will
be provided to the Customer on the quotation.
11.6 The Company’s delivery obligations are complete when the Parts are delivered to
the address nominated by the Customer, and all risk in the Parts ordered pass to
the Customer upon delivery.

12. UNLOADING

12.1 It is the Customer’s responsibility to provide the means for unloading Parts on
delivery unless otherwise agreed by the Company. The Company will inform the
Customer in advance if any special means will be required to unload the Parts.
12.2 The Company cannot be held liable for any damages sustained to the Parts
upon delivery and the Customer hereby indemnifies and holds the
Company harmless for any damages that may be result to the Parts when
unloading.

13. STORAGE AND DISPOSAL

13.1 If the Customer fails to take delivery of the Parts the Company at its sole
discretion may elect to either store the Parts at the premises of the Company or
have them stored by third parties on such terms as the Company may in its sole
discretion deem fit. All storage costs will be borne by the Customer.

14. WARRANTIES AND DISCLAIMERS

14.1 Whilst the Company takes reasonable measures to ensure that the description of
the Parts are accurate and complete, the Company makes no representations or
warranties, whether express or implied, as to the quality, operation, integrity or
functionality of the Parts. If any such representations or warranties are made by
the Company’s representatives, the Company shall not be bound thereby.
14.2 The Customer hereby indemnifies the Company for any indirect or
consequential liability, special or punitive loss, damage, costs or expenses,
loss of profit, loss of business and loss of income or revenue, arising out of
the utilisation and/or installation of the Parts.
14.3 The Parts are provided “as is” without warranty of any kind, either express or
implied, as the Parts are not new Parts, but used Parts which are subject to wear
and tear.

15. RETURNS AND REFUNDS

15.1 Parts may be returned only in accordance with these terms, which apply to all Parts
supplied by the Company.
15.2 These terms and conditions do not seek to limit the Customer’s statutory rights in any
way.
15.3 Any Parts purchased may be returned provided that:
15.3.1 It is not damaged or used, and it is returned in its original packaging, save and
except for defective parts which may be returned as provided for below. Damaged or
used includes, accessories or parts missing, and original labels or stickers being
removed from the Parts;
15.3.2 You process a return on the Website within 7 (seven) days of receiving the Part, save
and except for defective goods which may be returned as provided for below;
15.3.3 The Customer is not a juristic person whose asset value or annual turnover, at the
time of the transaction, exceeds the amount determined by the Minister in terms of
section 6 of the Act, or the provisions of the Act do not apply to the order for any other
reason whatsoever.
15.4 Any items returned in terms of this clause above shall be collected from the Customer.
The Customer will be liable for the courier charges to deliver and collect the Parts
being returned. Once the return has been inspected and approved by the Company,
the Customer will receive a credit or a refund.

15.5 Exchanges shall not be permitted. Should a Customer wish to exchange a Part, it must
return the Part in terms of this clause, and re-order the Part it wishes to purchase
instead.
15.6 Should the Customer receive Parts which are not what it ordered, or which are missing
parts of the item ordered (non-conforming Parts), the Customer is required to notify the
Company. The Company or the courier shall collect the non-conforming Parts, inspect
same, and if satisfied, deliver the correct Parts. If the correct Parts are no longer
available, the Customer will receive a credit or a refund.
15.7 The Customer acknowledges that all Parts sold on the Website are produced and/or
manufactured by third parties and not by the Company. Accordingly, the Company
cannot be held responsible for any defective Parts. However, subject to what is
contained below, the Company has created a mechanism to assist the Customer to
obtain relief for defective Parts.
15.8 Defective Parts are Parts which are:
15.8.1 upon opening the packaging physically damaged to the extent that the exterior of the
Parts is bent, scratched, or broken; and/or
15.8.2 mechanically damaged in that it does not perform the function as warranted by the
manufacturer.
15.9 Parts are not considered Defective Parts if the perceived damage or defect is the
result of fair wear and tear, negligence or abuse by the Customer of such Parts,
unauthorised interference with the Parts, electrical or power surge, where Parts
are misused.
15.10 The Company will endeavour to ensure that any refund processed pursuant to a
return under this clause will be effected in the same payment method which the
Customer opted for. For example, if the Customer paid by credit card, the
Customer’s credit card will be refunded. If the Customer paid by EFT, an EFT
will be paid to the Customers bank account. Notwithstanding the above, the
Company in its sole and absolute discretion reserves the right to refund the
Customer by EFT in any event.

16. COOKIES

16.1 By agreeing to these terms and conditions, the Customer acknowledges that the
Website utilises “cookies”. “Cookies” are text files which collect information and data
by monitoring the Customers usage of the Website. By using Cookies, the Company
and/or its authorised subcontractor is able to enhance the Website by developing it in
such a way that it facilitates Customer preferences as interpreted by the Company
and/or its authorised subcontractors. If the Customer disables the use of “Cookies” on
its browser, it may not have access to some features of the Website.

17. SAFETY AND PRODUCT INFORMATION

17.1 Customers are advised to consult a technician before purchasing Parts.
17.2 It is recommended that the Parts be fitted by a trained technician who possesses
the necessary expertise to fit the Part.

18. TERMINATION AND SUSPENSION

18.1 The Company may at its sole discretion suspend or terminate the supply of any
Parts if the Customer fails to make any payment which is payable or otherwise
defaults in respect of any of its obligations.
18.2 On the termination of the Contract for any reason:
18.2.1 The Company will not be obliged to supply any Parts ordered by the Customer;
and

18.2.2 All payments payable to the Company will become due immediately upon
termination despite any other provision.

19. DISCLAIMER AND LIMITATION OF LIABILITY

19.1 Whilst the Company takes all reasonable measures to validate the content of the
Website, the Customer acknowledges that it uses the Website entirely at its own
risk. The Company shall not be liable for any risk or loss which arises from any
reliance upon the Website or its contents.
19.2 The Company makes no express or implied warranty of the Website’s
functionality, operation, efficacy or accuracy. The Company is accordingly
indemnified by the Customer for any loss or damages which it may suffer as a
result of it being unable to access or use the Website in its usual or optimal state.
19.3 The Company makes no express or implied warranty that the Website or any
content of it is free of viruses, spyware, malware, trojans or any other code that
may corrupt, compromise or otherwise damage the Customer’s device, network,
software. The Company accordingly shall not be liable for any loss or harm you
may suffer as a result of any of the above occurring, unless it is caused by the
gross negligence or wilful conduct of the Company.
19.4 Any views or statements on the Website are not to be construed as the views of
the Company, its directors, employee and/or its agents.
19.5 The Company shall not be liable for any inaccurate information contained on the
Website, including without limitation, unless such inaccuracies are the result of
the Company’s gross negligence or wilful misconduct.
19.6 The Company shall not under any circumstances be liable for any direct, indirect,
incidental, special or consequential loss or damages which the Customer may
suffer resulting from its use or reliance upon the Website and/or its contents in
any manner whatsoever. The Customer accordingly indemnifies and holds
harmless the Company against any loss, claim or damages of whatsoever nature
caused by the use of or reliance upon the Website in anyway, irrespective of
whether such loss or damages are suffered by the Customer or a third party.
19.7 The Website may have links to other websites which do not belong to or are
under the control of the Company. Accordingly, the Company does not make any
representations or warranties pertaining to such websites, including without
limitation those related to the content of such website, functionality of such
website, safety of such website, “cookies” utilised by such website, or any other
data of such website. The Customer hereby indemnifies and holds the Company
harmless against any loss, expense, claim or damage whether direct, indirect or
consequential, which the Customer may suffer following any link to another
website from the Website, or using such website.

20. OWNERSHIP AND COPYRIGHT

20.1 The Website and its contents, including any material, information, data, software,
icons, text, graphics, images, design, lay-out, sounds, marketing material, video
clips, trade names, trade dress, logos, trademarks, or other devices which feature
on the Website belong to the Company or the Company has the requisite
authority to utilise.

20.2 By utilising the Website, the Customer does not have right to the Website or its
content nor any right to use, distribute, reproduce, or sell the Website or any of its
content without the Company’s prior written consent.

21. GENERAL

21.1 Suspension or termination of use: The Company may from time to elect to suspend
or terminate the Website, or features of it, whether for the Customer individually or for
all Customers, with or without notice to the Customer. The Customer accepts that the
Company shall not be liable to it for any reason whatsoever should it elect to suspend
or terminate the Website to whatever extent.
21.2 Blacklisting: Should the Company suspect that the Customer are abusing or misusing
the Website to take advantage of the Company, the Website, its features, promotions,
or for any other purpose, the Company is entitled to i) blacklist the Customer on its
database; ii) suspend or terminate the website for the Customer; iii) cancel any
pending orders; and iv) refuse to accept any future orders. The Company will not be
liable to the Customer for any adverse consequence or loss it suffers as a result of it
acting as aforesaid.
21.3 Electronic Communications: By registering an account, the Customer agrees to
receiving communications and advertisements from the Company or its
representatives electronically, in accordance with these terms and conditions.
21.4 Variations to these terms: The Company may from time to time, in its sole and
absolute discretion, vary these terms and conditions. The Customer is required
to read the terms and conditions regularly, but at least once a month. Should the
Customer be dissatisfied with any variations to the terms, it must cease using
the Website. Utilising the Website after the variation has been published shall
mean that the Customer has read and accepted the variations.
21.5 Governing law and jurisdiction: This Agreement shall be governed in accordance
with the laws of the Republic of South Africa. By registering an account, the Customer
consents to the jurisdiction of the courts (including without limitation the District Courts,
Regional Divisions, and Superior Courts). In addition, the Customer consents to the
non-exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division,
Johannesburg, despite the quantum in the proceedings being less than the monetary
jurisdiction relevant thereto. This clause does not limit the Customer’s right to
approach any competent court, tribunal or forum in terms of the Act.
21.6 Notices:
21.6.1 The Company shall accept service of all notices and legal processes in accordance
with these terms and conditions at ______________________________, which
address may change from time to time as provided for in terms of this agreement
clause above.
21.6.2 The Customer hereby consents to all notices and legal processes being served at
the address specified as your delivery address. The Customer may change this
address to any other physical address on reasonable notice, of no less than 5 days.

21.6.3 All notices or legal proceedings must be:
i) Hand delivered, where it will be deemed to be received on the date of
delivery;
ii) Email, where it will be deemed to be received on the day after it was
transmitted;

21.7 Cession and assignment: The Customer may not cede, assign, or otherwise transfer
its rights and obligations in terms of these terms and conditions without the prior
written consent of the Company.
21.8 Non-waiver and indulgences: Any failure to or election not to enforce any right which
the Company may have in terms of these terms and conditions shall not constitute a
waiver of that right. Similarly, any indulgence, extension, relaxation or latitude which
the Company may afford to the Customer shall not prejudice or limit the Company in
any manner whatsoever in the past or in the future.
21.9 Severability: Any term or condition contained in these terms and conditions which is
declared to be unenforceable or invalid shall be severed from this agreement, and the
remaining terms shall be of full force and effect.
21.10 Variations and cancellation: No variation or cancellation of these terms and
conditions shall be of any force and effect unless varied in terms of the Variations to
these terms clause or if reduced to writing and accepted by both parties.
21.11 Whole Agreement: These terms and conditions contains the whole agreement
between the Customer and the Company. The Company makes no other warranty or
undertaking other than those contained in this agreement.
21.12 Information and Complaints:
21.12.1 The Company’s information is the following:

I) Full name and registration number: Fix Eezi (Pty) Ltd. T.A. EeziParts – 2019/110819/07
II) Domicilium citandi et executandi (address for service of legal processes): 11, 4th Street, Wynberg, 2191, South Africa
III) Phone number: (+27) 11 209 2440
IV) Email address: info@eeziparts.co.za