Overview

This Website, related mobi-sites and software applications that can be accessed on www.bikerswarehouse.co.za (the “Website”), are operated and wholly owned by Puzey Motor Corporation (Pty) LTD trading as Biker’s Warehouse (the “Proprietor”, “we”, “us” or “our”).

The terms and conditions set out herein govern the entire use of this Website; and any person accessing it (the “User”, “you” or “your”), acknowledges that they have read and agrees to be bound by these terms and conditions.

We may, at our sole discretion, update any terms and conditions herein from time to time, and without prior notice to you. It is your responsibility, to check these terms and conditions and continue with the use of this Website, only if you are satisfied with the changes.

This Website enables you to browse an extensive range of motorcycles, access information (the “Content”) and purchase accessories (the “Products”) relating to the motorcycle industry in which we operate as a retailer.

Use of this Website

By using this Website, you warrant that you are 18 years of age or older and are of full legal capacity. If you are under 18 years of age, you must first obtain permission from a parent or legal guardian who by granting their consent, agrees to be bound to, and held liable for your obligations under these terms and conditions.

Notwithstanding your geographic location, your use of this Website is done so in accordance with these terms and conditions, and predicated on your delivery and/or collection address being within the borders of the South Africa.

Copyright

All Content on this Website is copyright of the Proprietor and includes but is not limited to the design, layout, copy, graphics, videos, licenced trademarks and logos displayed or otherwise incorporated.

No reproduction of any kind for financial gain or use for any other purpose is allowed unless ceded to you in writing by a duly authorised representative of the Proprietor. You may not gain or attempt to gain unauthorised access, tamper with, modify or alter the Website or related Content in any way.

You accept that any infringement of the above shall result in legal action being taken against you for damages, penalties and recovery of all legal costs to the full extent covered by the copyright and trademark laws of South Africa.

Contract of Sale

Where applicable on this Website, you may place orders for Products (the “Order”) which we may choose to accept or reject, for reasons including but not limited to, the availability of Product(s), correctness of the information relating to the Product(s), correctness of the price, receipt of payment, and/or validation of the delivery address.

If accepted, we will send you an email confirming the Order with details of the shipment or indication that the Order is ready for collection. Only at this point will an agreement of sale (the “Sale”) between the User and the Proprietor come into effect.

If rejected, we will send you an email confirming the cancellation of your Order and as soon as possible thereafter, refund you any amounts already paid.

Notwithstanding the above, you reserve the right to cancel your Order within 7 days of receiving your collection notice, or at any time prior to receiving your shipment details of the dispatched parcel. If you have already received or collected your Order, returns may only be made in accordance with our Returns Policy.

Payment

We are committed to providing secure online payment facilities and all transactions are encrypted using appropriate encryption technology through the Adumo Online payment portal. Please review their terms and conditions available at https://www.adumo.com/legal.

Depending on availability and/or your eligibility to use such a method, payments can be made via the following methods and by doing so, you warrant that you are fully authorised to do so:

• Mastercard or Visa debit card;
• Mastercard or Visa credit card; or
• OZOW instant EFT.

In certain instances, we may require additional information in order to authorise a payment or verify its validity. In such cases, delivery or collection of your Product(s) will be withheld until full payment has been authorised and received. Should we not receive authorisation, we shall be entitled to cancel your Order within 5 days.

Once payment is successful, we will email you confirmation of the payment along with details of your Order.

Delivery of Products

Delivery options and charges will be shown to you during checkout and as determined by The Courier Guy (the “Courier”). These are subject to change at any time, and without prior notice to you.

It is important to note, that opting to have your Order shipped to you is pursuant to a shipment contract with the Courier, where the risk of loss passes onto you once collected by the Courier and/or its appointed agents. Please familiarise yourself with the Courier’s terms and conditions which can be accessed at: https://thecourierguy.co.za/terms-conditions/.

We endeavour to expedite delivery of your Order as soon as is reasonably possible and within the period of time stipulated during checkout and on your Order confirmation email. Your shipment can be tracked on the Courier’s website but please allow for additional time during exceptionally busy periods such as Black Friday or Christmas. If you have not received your Order within the specified timeframe or not at all, please notify us and we will do our best to assist.

Orders will only be delivered to a valid address within South Africa, on business days and between 08h00 and 16h00. You, or the person accepting the delivery on your behalf, may be requested to produce identification when signing for the delivery.

Two attempts will be made to deliver your Order and if unsuccessful, your Order may be returned and the cost of which will remain for your account. If you choose to cancel the Order entirely, these shipping costs will be deducted from your refund amount together with a reasonable administration charge.

Alternatively, you have the option during checkout to collect your Order at our store, and will be notified with your Order confirmation email once it is ready for collection.

Pricing and Availability

All prices displayed on this Website are done so in South African Rands (ZAR), inclusive of Value-Added Tax (VAT), exclusive of shipping charges and subject to change without prior notice.

We have made all reasonable efforts to ensure that pricing and stock availability displayed on the Website is accurate, matches in-store pricing and physical stock-on-hand. In the event where this may not be the case, we will notify you before processing your Order.

It is important to note that adding a Product to the shopping cart does not reserve the Product until the checkout and payment cycle has been completed successfully. If you attempt to complete the checkout at a later stage and a Product is no longer available in your cart or cannot be re-added, it has likely been sold. Please send us an enquiry and we’ll do our best to source the same product for you.

We cannot however be liable for any Products that are no longer available or pricing that may have changed during this time.

Refunds and Returns

Should you wish to return an Order, please refer to our Returns Policy which is incorporated herein by reference, and send us an email to orders@bikerswarehouse.co.za with your intent to do so.

Privacy Policy

We respect your privacy and take all reasonable measures to protect your Personal Information as detailed in our Privacy Policy, which is incorporated herein by reference.

Limitation of Liability

We endeavour to ensure that all Content loaded on this Website is done so accurately and updated as regularly as possible to preserve such accuracy, but cannot provide any representations or warranties, whether expressly or implied, as to the accuracy, timeliness, performance, completeness, integrity, availability, functionality or suitability of this Website or its Content. We reserve the right to change all or part of the Content, Products and/or functionalities of this Website with prior notice.

You access this Website with the knowledge and acceptance that you do so at your own risk, and that we are wholly exempt from any and all liability that may arise from any direct, indirect, incidental or consequential loss or damages, which may arise from whatsoever discrepancies or inaccuracies in the Content of this Website, your inability to use or access the Website, and/or any unlawful activity that may be present on this Website or any linked third-party websites.

We encourage you to contact us to report any possible malfunctions or errors by emailing sales@bikerswarehouse.co.za.

Malware

We have made every reasonable effort to secure the Website against unwanted attacks but cannot guarantee that the Website is free from viruses, spyware, trojans, worms or any other intrusive or malicious code that is able to corrupt, compromise, harm, disable or otherwise impede your computer or handheld system, network, hardware or software (the “Malware”).

By accessing this Website, you accept all risks associated with its use and wholly exempt us from any direct, indirect, incidental or consequential liability, damage or loss of whatsoever nature, that may arise from the existence of such Malware.

Third Parties

This Website may include links to external sources, intended for the purpose of providing interesting, relevant and/or additional information to you.

We do not control, and accordingly shall not be bound by, nor accept liability of whatsoever nature for the information provided by these external sources and it is understood that such content is not necessarily endorsed by us.

Any third-party links to this Website may only be posted with the prior and explicit written consent by a duly appointed representative of us, the Proprietor.

Contact

Contact us via email on sales@bikerswarehouse.co.za if you require additional information or have any questions regarding the terms and conditions provisioned herein.

For the purpose of the Electronic Communications and Transactions Act (ECT) 25 of 2002, the Proprietor’s information is as follows:

Name: Puzey Motor Corporation (Pty) LTD t/a Biker’s Warehouse
Registration number: 2002/023526/07
Physical Address: 1 Aureole Avenue, Northriding, Johannesburg, 2162
Telephone Number: +27 (0)11 795 4122
Email Address: sales@bikerswarehouse.co.za