Terms & Conditions
Welcome to the Harley-Davidson Cape Town’s Merchandise website. This website is operated by Springs Car Wholesalers (Pty) Ltd t/a Harley-Davidson Cape Town (“HD Cape Town”)
Acknowledgement and Acceptance
HD Cape Town reserves the right to refuse, withdraw or restrict access to (including individual access) or take down this website at any time without notice for any reason. HD Cape Town will not be liable if for any reason this website is unavailable at any time or for any period.
These Terms may be amended at any time without notice to you, and it is your responsibility to monitor this website for any changes to these Terms.
Purchases using the HD Cape Town website must only be made for personal use.
Access and Use
You may only access and use this website in accordance with these Terms.
Only registered users may order Goods on this Website.
To register as a user, you must provide a unique username and password and provide certain information and personal details to HD Cape Town. You will need to use your unique username and password to access this Website in order to purchase Goods.
You agree and warrant that your username and password shall:
- be used for personal use only; and
- Not be disclosed by you to any third party.
For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorized or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
You agree to notify HD Cape Town immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
- These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
- These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
- may limit the risk or liability of HD Cape Town or a third party; and/or
- may create risk or liability for you; and/or
- may compel you to indemnify HD Cape Town or a third party; and/or
- Serves as an acknowledgement, by you, of a fact.
- Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
- If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask HD Cape Town to explain it to you before you accept the Terms and Conditions or continue using this Website.
- 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 you or HD Cape Town in terms of the CPA.
- HD Cape Town permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
By using this Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use this Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
You may only access parts of this website that are designated for unrestricted public access.
You may only access other parts of this website if we have expressly given you permission to do so, but then only for the purposes, and in the manner, permitted.
If we give you a password to access any part of this website, you must keep that password confidential and not disclose it to any other person. Nor may you permit any other person to use that password. You must change your password immediately if you believe that it has become known to any other person;
You must make sure all information and instructions that you give HD Cape Town are true, correct and complete, and that you are authorised to provide the information and instructions;
You may only save a local copy of, or print material posted on this website for your own information or research, or to inform others about this website.
You must take your own precautions to ensure that whatever you select from this website is free of viruses or anything else that may interfere with your or any third party’s computer systems.
HD Cape Town also reserves the right to refuse access or edit or delete material posted by you in contravention of these Terms.
You agree that you will not in any way use any device, software or other instruments to interfere with or attempt to interfere with the proper working of this Website. In addition, you agree that you will not in any way use any robot, spider, other automatic devices, or manual process to monitor, copy, distribute or modify this Website or the information contained herein, without the prior written consent from an authorised HD Cape Town representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use this Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
You may not in any way display, publish, copy, print, post or otherwise use this Website and/or the information contained therein without the express prior written consent of an authorized HD Cape Town representative.
Misuse and Prohibitions
You must not use this website in any way that causes, or may cause, damage to this website or impairment of the availability or accessibility of this Website; or in any way which is malicious, unlawful, offensive or obscene, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, robot, spider, scraper or other malicious computer software or otherwise attempt to damage, interfere with or introduce anything to this website or any network or system underlying or connected to it for any purpose, or act in any other way that compromises this website or any network or system underlying or connected to this website.
You must not use this website to transmit or send unsolicited commercial communications, advertising or promotional material, commonly referred to as “spam”. You must not hack or attack any aspect of the service or Website; corrupt data; cause annoyance to other users or infringe upon the rights of any other person’s proprietary rights.
You must not use, reproduce, duplicate, copy, sell, re-sell, adapt, transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, or caching by a storage or information retrieval system, or download accelerator) or otherwise exploit this website or any part of this website for any commercial purpose.
You must not post or transmit to this website any illegal, threatening, abusive, defamatory, obscene or indecent information or misleading or deceptive material of any kind, or encourage any other person to do so.
You must not post or transmit any material to this website which breaches any laws relating to a person’s right to privacy or the export of personal information, or personal information about another person without their consent.
You must not copy, distribute, alter or tamper with in any way, or otherwise use, any material contained in this website (except as expressly permitted in these Terms).
The materials, images, layouts, logos, designs, sound-clips, advertisements, video clips, trade names, service marks, icons, software, data and content (“Website Contents”) displayed and/or located on and/or incorporated into this website are the property of HD Cape Town and/or any applicable advertisers, sponsors and/or licensors and are protected by copyright, trade mark and other intellectual property laws. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material in any way and/or to any third party.
HD Cape Town does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into this website or in the user interface of this website.
Any material you post, send to HD Cape Town on or via this Website will be deemed to be non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, reviews, ideas or other information. HD Cape Town will be entitled to use such material for any purpose without compensation to you. All intellectual property rights (including copyright) in the material you post or send to us via this website vest solely and completely in HD Cape Town and you assign all right, title and interest to HD Cape Town
Where any of this Website’s content has been licensed to HD Cape Town or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
Limitation of liability and indemnity
HD Cape Town will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
To the maximum extent permitted by law HD Cape Town will not be liable to you (whether under the law of contract, the law of damages or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website for any indirect, special or consequential loss for any individual or business losses.
You agree to indemnify, defend and hold harmless HD Cape Town, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these terms.
By submitting any content to HD Cape Town and participating in reviewing items and online content you represent and warrant that:
- you are the sole owner of the intellectual property rights shared in this Website;
- all “moral rights” that you may have in such content have been voluntarily waived by you;
- all content that you post is relevant and accurate and genuinely held (where it states opinion) and not misleading or deceptive;
- you understand you are participating in a public forum and that is publically available;
- use of this Website does not violate these Terms and will not cause any damage, loss or injury to anyone;
- the content does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- the content does not violate any law, statute, ordinance or regulation;
- that is not, or may not reasonably be considered to be, obscene, defamatory, hateful, racially or religiously biased, offensive, threatening or harassing to anyone;
- for which you were not compensated or granted any consideration by any third party;
- that doesn’t impersonate any person, or misrepresent your identity or affiliation with any person;
- that doesn’t include any information that references other websites, addresses, email addresses, contact information, phone numbers or other personally identifiable information in respect of any individual
- that it doesn’t contain any computer viruses, worms or other potentially damaging computer programs or files.
For any use of this Website and use of the review mechanisms that you submit, you grant HD Cape Town a perpetual, irrevocable, royalty free, transferable and sub-licensable right and license to use in any way such content throughout the world without compensation to you or anyone else. This license will survive the termination of these Terms and your use of this Website.
Third party websites
This website may contain links to other websites operated, controlled or produced by third parties (‘Third Party Websites’). Unless otherwise indicated, HD Cape Town does not control, endorse, sponsor or approve any Third Party Websites or their content. HD Cape Town does not provide any warranty or take any responsibility whatsoever for any aspect of third Party Websites or their content.
No inappropriate links may be made to this website without the prior written consent of HD Cape Town.
Buying online with HD Cape Town
To make a purchase from this website or to subscribe to this website you must be 18 years of age or over, or have obtained the consent of your parent or guardian if you are under 18 years of age. Purchases from this website can only be made via the online payment facility on this website with a valid credit card (Visa , MasterCard, Diners and/or American Express), with a valid Debit Card, via Direct bank deposit or electronic funds transfer, instant EFT and/or Master Pass.
Card transactions will be acquired for HD Cape Town via PayFast who are the approved payment gateway for all South African Acquiring Banks. DPO PayFast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no card details are stored on this website. You may go to www.payfast.co.za to view their security certificate and security policy.
HD Cape Town is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
HD Cape Town will not accept your order if payment has not been received
if you pay via direct bank deposit or electronic funds transfer, payment must be made within 2 (five) days of placing your order.
Once you have selected your payment method (save direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
HD Cape Town reserves the right to refuse to fulfil or cancel any order; including those that it considers to be a bulk order, fraudulent, not for personal use or otherwise do not comply with these Terms.
HD Cape Town reserves the right to withdraw any product from sale at any time without notice for any reason.
You must logout when you have finished visiting this website, especially if you access it from a shared computer.
Pricing and Availability
HD Cape Town strives to ensure that all details, descriptions and prices which appear on this website are accurate, however errors may occur from time to time which we will correct without notice. If HD Cape Town discovers an error or HD Cape Town is unable to fulfil the order it will attempt to contact you and cancel the order and you will receive a full refund in the form of the original payment method. If your order is cancelled in accordance with these Terms, your payment will be refunded, crediting your original method of payment. If payment was made using a credit card that card issuer controls the timing of the refund.
In cases of unavailability, HD Cape Town will refund you in full within 30 days.
All prices are in South African Rand’s (ZAR) inclusive of South African Goods and Value Added Tax and delivery costs are charged and displayed in addition to the cost of the item(s). HD Cape Town reserves the right to alter prices at any time for any reason.
HD Cape Town reserves the right to refuse to fill any orders that you may place based on incorrect information on this Website or withdraw any product from sale without notice, for any reason.
All products and offers shown in this website are subject to availability at the advertised price. HD Cape Town cannot guarantee that your size and style will be in stock when you order from this website.
All products and offers shown in this website are subject to availability at the advertised price. HD Cape Town cannot guarantee that your size and style will be in stock when you order from this website.
Dispatch times may vary according to availability and HD Cape Town takes no responsibility for any delays in delivery.
Title and risk in a product purchased from this website passes to you once we have received full payment for the product and the product has been dispatched from HD Cape Town.
Registered users may place orders for Goods, which HD Cape Town may accept or reject. Whether or not HD Cape Town accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorization by HD Cape Town for the Goods.
HD Cape Town will indicate the acceptance of your order by dispatching the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and HD Cape Town come into effect (the “Sale”). This is regardless of any communication from HD Cape Town stating that your order or payment has been confirmed. HD Cape Town will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
Prior to dispatch or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After dispatch or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
Placing Goods in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if the stock is no longer available or the price thereof might change without notice to you. You cannot hold HD Cape Town liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by HD Cape Town, HD Cape Town will take all reasonable efforts to monitor stock levels and ensure that when a stock is no longer available, that offers thereof are discontinued on this Website. However, HD Cape Town cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, HD Cape Town will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
Certain Goods may not be purchased for resale. Should HD Cape Town suspect that any such Goods are being purchased for sale, HD Cape Town is entitled to cancel your order immediately on notice to you.
Delivery of Goods
HDCape Town offers 2 (two) methods of delivery of Goods to you. You may elect delivery via courier or self-collection.
For more information about delivery, please see HD Cape Town’s FAQs: Shipping and Delivery, which are incorporated into these Terms by reference. HD Cape Town’s delivery charges are subject to change at any time, without prior notice to you, so please check the FAQs for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
Where HD Cape Town accepts your order, HD Cape Town will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). HD Cape Town will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, HD Cape Town will reimburse you for the purchase price.
Orders will be processed within 2 days and delivery confirmed by way of email with courier tracking numbers. Orders in excess of R1500.00 (One Thousand Five Hundred Rand) qualify for FREE SHIPPING within South Africa, subject to the prevailing rate at date of purchase.
HD Cape Town’s obligation to deliver goods to you is fulfilled when it dispatches the goods to the physical address nominated by you for delivery of the order. HD Cape Town is not responsible for any loss or unauthorized use of a product after it has dispatched the goods to the physical address nominated by you.
All goods offered and/or sold on this website are available to South African clients and within the Republic of South Africa only.
HD Cape Town shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on this Website. However, should there be any errors of whatsoever nature on this Website (which are not due to our gross negligence), it shall not be liable for any loss, claim or expense relating to a transaction based on an error, save – in the case of an incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
HD Cape Town shall not be bound by any incorrect information regarding its Goods displayed on any third party websites.
Promotions and Offers
All HD Cape Town promotions and offers are for a limited time only and while stocks last. HD Cape Town `reserves the right to terminate, suspend or modify the promotion or offer without notice. All promotions and offers are non-transferable or redeemable for cash.
The above promotions and offers will be subject to certain conditions (as set out in these Terms and/or this Website), which define the scope of same. If you buy any Goods within the scope of a promotion and/or offer, you will pay the discounted price for those Goods. However, if you buy any Goods in a manner that falls outside of the scope of the promotion and/or offer, then you will pay the then current (non-Deal) selling price on this Website, i.e. the normal price, for the Goods that falls outside the scope of the promotion and/or offer.
If you have any queries or concerns regarding HD Cape Town or this website please contact its customer service team by email at email@example.com or telephone: 021 401 4260.
HD Cape Town shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569 .
Should you decide to register as a user on this Website, HD Cape Town may require you to provide it with personal information which includes but is not limited to –
- your name and surname;
- your email address;
- your physical address;
- your gender;
- your mobile number; and
- Your date of birth.
Should your personal information change, please inform HD Cape Town and provide us with updates to your personal information as soon as reasonably possible to enable it to update your personal information.
You may choose to provide additional personal information to HD Cape Town, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
HD Cape Town is entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, HD Cape Town is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
Subject to the above, HD Cape Town will not, without your express consent
- use your personal information for any purpose other than as set out below:
- in relation to the ordering, sale and delivery of Goods;
- to contact you regarding current or new Goods or services or any other goods offered by HD Cape Town or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from HD Cape Town);
- to inform you of new features, special offers and promotional competitions offered by HD Cape Town or any of its divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from HD Cape Town); and
- to improve our product selection and your experience on this Website by, for example, monitoring your browsing habits or tracking your sales on this Website; or
- disclose your personal information to any third party other than as set out below:
- to HD Cape Town employees and/or third-party service providers who assist it to interact with you via this Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
- to HD Cape Town’s divisions, affiliates and/or partners (including their employees and/or third-party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from HD Cape Town);
- to law enforcement, government officials, fraud detection agencies or other third parties when HD Cape Town believes in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
- to HD Cape Town’s service providers (under contract with it) who help with parts of their business operations (fraud prevention, marketing, technology services etc.). However, HD Cape Town contracts dictate that these service providers may only use your information in connection with the services they perform for it and not for their own benefit;
- to HD Cape Town’s suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
- to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address.
HD Cape Town will ensure that all of its employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
When you provide a rating or review of a Product, you consent to HD Cape Town using that rating or review as it deems fit, including without limitation on this Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on this Website. HD Cape Town will not display your Last Name, nor any of your contact details, with a rating or review.
HD Cape Town will –
- treat your personal information as strictly confidential, save where we are entitled to share it as set out herein;
- take appropriate technical and organizational measures to ensure that your personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
- provide you with access to your personal information to view and/or update personal details;
- promptly notify you if it becomes aware of any unauthorized use, disclosure or processing of your personal information;
- provide you with reasonable evidence of its compliance with its obligations under this policy on reasonable notice and request; and
- Upon your request, promptly return or destroy any and all of your personal information in its possession or control, save for that which we are legally obliged to retain.
HD Cape Town will not retain your personal information longer than the period for which it was originally needed unless it is required by law to do so, or you consent to it retaining such information for a longer period.
HD Cape Town undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
Whilst HD Cape Town will do all things reasonably necessary to protect your rights of privacy, it cannot guarantee or accept any liability whatsoever for unauthorized or unlawful disclosures of your personal information, whilst in its possession, made by third parties who are not subject to its control, unless such disclosure is as a result of its gross negligence.
If you breach these Terms, failure by us to take action will not constitute a waiver of our rights and remedies arising from that breach and we reserve our entitlement to enforce our rights and remedies in relation to that breach or any other situation where you commit a breach of these Terms. Any waiver of any provision of the Terms will be effective only if it is in writing and executed by HD Cape Town.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising under these Terms shall be subject to the non-exclusive jurisdiction of the courts of Johannesburg, Republic of South Africa.
Breaches of these terms and conditions
Without prejudice to HD Cape Town’s other rights under these Terms, if you breach these Terms in any way, HD Cape Town may take such action as it deems appropriate to deal with the breach, including suspending your access to this website, prohibiting you from accessing this website, blocking computers using your IP address from accessing this website, contacting your internet service provider to request that they block your access to this Website and/or bringing court proceedings against you.
HD Cape Town may amend these Terms from time-to-time without notice to you. Any amendments to these Terms will apply and take effect immediately at the time they are published on this website. It is your responsibility to monitor this website for any changes to these Terms to ensure you are familiar with the current version.
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These Terms constitute the entire agreement between you and HD Cape Town’s in relation to your use of this website, and supersedes all previous agreements in respect of your use of this website.
Circumstances beyond our control (force majeur clause)
HD Cape Town shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond its reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.
Either you or HD Cape Town may terminate any order forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of 2(two) weeks or more, in which event neither you nor HD Cape Town shall be liable to the other by reason of such termination (other than for the refund of any goods already paid for by you and not delivered).
If HD Cape Town have contracted to provide identical or similar goods to more than one customer and are prevented from fully meeting its obligations to you by reason of an Event of Force Majeure, it may decide at its absolute discretion which orders it will perform and to what extent.
Please Note: All returns outside of South Africa are subject to the buyers’ expense