Truck Components Webshop
Terms and Conditions
1. General
1.1. The Truck Components Webshop (Webshop) is run by:
Hyva Southern Africa (Pty) Ltd.
13 Nguni Drive
Longmeadow Business Estate,
Westfield, Johannesburg,
South Africa
Registration Nr: 2013/069015/07
VAT Nr: 4510265376
1.2. Terms and Conditions listed below apply to all orders, agreements relating thereto, modifications thereof and additions thereto, made between Hyva with its customers (Customer) via the Webshop located on www.truck-components.co.za website (Website). Hyva does not recognize the Customer's terms and conditions unless Hyva expressly agrees to these terms in writing.
1.3. Customers will be regarded as having accepted the Terms and Conditions by opening an account (Account), placing an order (Order) or registering for the newsletter (Newsletter) via the Website.
1.4. Due to the nature of the products sold via the Webshop (Products), most of Customers are considered professional customers, i.e. natural persons who are acting as professionals within the scope of their economic activity (trade, business, craft, liberal profession) or legal entities (Professional Customers). If Customers are consumers within the meaning of applicable law, i.e. they are acting outside the scope of their economic activity (trade, business, craft, liberal profession) (Consumer), in addition to these Terms and Conditions, protections granted by the applicable consumer protection laws apply.
1.5. Documentation, drawings, specifications, weight and performances provided in the Webshop shall be understood as general indications and shall in no way be binding on Hyva.
2. Registration of Account
2.1. To order Products via the Webshop, Customers need to register an Account online either in advance or at the moment of placing an Order. Hyva reserves the right to register exclusively Customers with registered office/ address within the Benelux.
2.2. To register, Customers shall follow three steps: (1) complete the Registration Form online, (2) click on the "Sign up"[TC1] field and (3) confirm the intention to create an Account by clicking on the confirmation link sent automatically to the email address provided by a Customer.
2.3. When registering in advance, Customers shall simply provide their email address and password. If they are registering at the moment of placing an Order, they will be required to provide additional information required for handling of an Order: registration number, name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number. Professional Customers are also required to provide the tax identification number.
2.4. Registration of Account is free. The account remains active for two years since the last log-in. Customers may at any time delete the Account by sending a request to Hyva at TCSA@hyva.com.
3. Placing Order
3.1. To place an Order via the Webshop, Customers shall follow three steps: (1) add the Product to the electronic basket; (2) complete Order form and (3) click on the “Place order” f[TC2] ield.
3.2. After Customers have completed the placement of an Order, Hyva will confirm the receipt of the Order immediately by sending a confirmation of receipt to the e-mail address provided when placing Order. This e-mail does not constitute the acceptance of Order but serves as information to Customers.
3.3. Orders can also be placed by contacting Hyva by telephone or email:
+27 (0) 11 822 1446
TCSA@hyva.com
3.4. Order is considered accepted and becomes binding the sales agreement concluded between the parties after Customers receive another email confirming the acceptance (Order Confirmation). Hyva will use its best endeavors to confirm the Order as soon as possible and in no case longer than within 10 working days from its receipt.
4. Order Cancellation
4.1. Order becomes binding on all parties once Hyva Order Confirmation has been received by Customer. From that moment, cancelation of Order and withdrawal from the transaction is not possible for Professional Customers. Consumers may cancel their Order and withdraw from the transaction at any time within 14 working days, beginning on the day after the receipt of the Products by informing Hyva thereof in writing. In this case, Hyva will refund the full price of the Products within 30 days after receipt of the returned Products.
4.2 Article 4.1 is not applicable to the sale to Consumers if:
· Products of which the price is dependent on changes on the financial market which cannot be influenced by Hyva;
· Products which are produced according to the specifications of the Consumer or;
· Products that clearly have a personal character;
· cannot be returned because of the nature of the Product.
4.2. Consumers shall inform Hyva about cancellation or withdrawal by email and return Products if they have already been received. In this case, Consumers shall follow Hyva’s instructions regarding to the manner of returning Products. Products need to be returned immediately after the return instructions have been provided in the same condition in which they were received, and at Consumer’s own cost and risk. Customers have a legal obligation to take reasonable care of Products while they are in Customer’s possession. If a Customer fails to comply with this obligation, Hyva may have a right of action against a Customer for compensation.
5. Price and Payment
5.1. Prices shown in the Webshop are in EURO and both netto and brutto price is indicated. Total prices, including the detailed break-down of the product price, taxes, delivery and any other applicable costs, e.g. insurance, are shown when Customers place the Order.
5.2. Prices are subject to change at any time, but changes will not affect Orders in respect of which Hyva have already sent an Order Confirmation.
5.3. Customers may be offered one of the following payment methods:
· Bank transfer. Bank transfer shall be made within 15 calendar days from the date of Order Confirmation. The price shall be deemed to have been paid when it was credited to the Hyva bank account;
· Online, via credit card, PayPal or another online payment method upon the Order Confirmation.
5.4. Hyva shall issue an invoice for all transactions made via the Webshop.
6. Deliveries
6.1. The Products can be delivered in the following countries of the Southern African region, including the Republic of South Africa, South Africa, Zimbabwe, Namibia, Botswana, Mozambique, Angola, Zambia, Tanzania, Congo, Madagascar, Mauritius, Malawi. Customer shall contact Hyva directly in advance regarding the deliveries to other countries.
6.2. HYVA is not obliged to deliver or hand over the Products if the price of the Products has not been paid. In any case, ownership of the products will only pass to Customers after Hyva receives the full payment of all sums due, including delivery costs. This retention of title serves in each case to secure Hyva claims against Customers. Hyva shall be entitled to retrieve the supplied Products where Customers fail to satisfy their obligations. Where ownership of the Products is yet to be transferred, Customers are not entitled to transfer such Products to third parties, nor to alienate, lend, give in exchange, consign or as a security, or to dispose of them in any other way. Where Hyva’s Products could be integrated into a larger unit of products and regarded as a main part, Customers shall transfer ownership to Hyva in proportion to the value of such products. Until the full payment is effectuated, Customers must treat them with care and adequately insure them at his own expense against loss and damage and at replacement value. In the event of seizure or bankruptcy, Customers is obliged to inform the bailiff and/or receiver about Hyva's ownership of the respective Products.
6.3. Delivery times stated in the Product descriptions on the website, Order Confirmation or otherwise are always without guarantee and are never be legally binding. Hyva will do everything possible to exercise agreed delivery times as accurately as possible and will inform Customers immediately about the expected new delivery date. However, their expiration will not pose a default and does not entitle Customers to claim compensation.
6.4. The estimated delivery costs are provided in the information tab on the Website. Final delivery costs are provided when a Customer places the Order.
6.5. Products will be delivered via a courier delivery organized by Hyva and at the cost of the Customer.
7. Returns of Unrequested or Damaged Products
7.1. If Products received are not what a Customer has requested or were damaged during delivery arranged by Hyva, Customers are entitled to reject Products. In this case, Customers shall inform Hyva about this as soon as possible but not later than within 7 working days for Professional Customers and 2 months for Consumers of receiving Products by emailing Hyva at tcsa@hyva.com. Hyva will respond to the email and provide instructions regarding to the manner of returning Products. Products need to be returned immediately after the return instructions have been provided in the same condition in which they were received at Hyva’s cost.
7.2. Once Hyva confirms the acceptance of the rejection, Hyva will either (a) dispatch the correct Product or a replacement Product; or (b) refund the purchase price.
8. Returns under Warranty
8.1. For Hyva Group branded Products, Hyva warrants that the Products will be free of defects in product material and workmanship for all new products for twelve (12) months from the date of first use of the product subject to the terms and conditions of Hyva Warranty Conditions available at www.hyva.com/en/warranty/standard-warranty-terms-and-conditions/. Other brands may have different warranty conditions. If a Customer is a Consumer, the warranty period is 24 months from the date of purchase.
Customers shall inform Hyva about the defect as soon as possible after the defect is discovered within the applicable warranty period by emailing Hyva at TCSA@hyva.com or calling ++27 (0) 11 822 1446. Customers may be requested to return the defective Product to Hyva in accordance with Hyva return instructions at the following address:
Hyva Southern Africa (Pty) Ltd.
13 Nguni Drive
Longmeadow Business Estate,
Westfield, Johannesburg,
South Africa
or provide other proof, e.g. photos, for further investigation.
8.2. Hyva will respond to Customers promptly. At its discretion, Hyva will either (a) dispatch the correct Product or a replacement Product; or (b) refund the purchase price.
9. Liability
9.1. Hyva shall use reasonable skill and care in performing its seller’s obligations.
9.2. Hyva shall not be liable for loss of profit or any other losses which were not reasonably foreseeable to at the time of accepting the Order.
9.3. Hyva’s maximum aggregate liability to the Customer shall be limited to the price paid for the Products.
9.4. Hyva shall be liable for death or personal injury resulting from Hyva’s negligence. Nothing in these Terms and Conditions shall exclude or limit that liability.
10. Newsletter
10.1. Customers may also subscribe to Hyva Newsletter by submitting their e-mail address in the "Newsletter" tab on the Website. Customers can also subscribe to the Newsletter by checking the appropriate checkbox when registering an Account.
10.2. Newsletters are provided free of charge for an indefinite period. Customers have the option, at any time and without giving a reason, to unsubscribe from the Newsletter by sending an appropriate request to Hyva, in particular via e-mail to the following address: TCSA@hyva.com.
11. Data Protection
11.1. Hyva processes all Customers’ data in accordance with our Privacy Policy (https://www.truck-components.co.za/pages/privacy_policy), the [TC3] EU GDPR and the applicable local legislation.
12. Intellectual property rights
12.1. Customers acknowledge that Hyva is the rightful owner and/or licensee with regard to the relevant intellectual property rights concerning the (pictures of the) Hyva Branded products, packaging, the Website, texts, trademarks, trade names and logos, information, concepts and databases and shall entirely and unconditionally respect these rights. Customers are prohibited to reproduce and/or make available to the public any of the protected items without the prior written consent of Hyva.
13. General
13.1. The relationship between the parties, including these Terms and Conditions and the sales agreement, shall be governed by the laws of the Republic of South Africa.
13.2. Hyva strives to provide the top-level service. Unfortunately, problems and misunderstandings do sometimes arise. Customers are encouraged to raise their concerns by either emailing or calling Hyva at:
+27 (0) 11 822 1446
TCSA@hyva.com
If the disputes cannot be resolved informally and amicably, the courts of the Republic of South Africa shall have exclusive jurisdiction unless the applicable consumer protection law provide otherwise.
13.3. Hyva may transfer the Order to any person or ask any person to fulfill any aspect of it so long as the performance of the Order is not affected. Customers may only transfer the agreement with Hyva with Hyva’s prior written consent which shall not be unreasonably withheld.
13.4. Hyva is entitled to unilaterally change these Terms and Conditions at any time. In such a case, Hyva shall inform Customers in writing about the change. If Customers do not agree with such a change in the Terms and Conditions, Customers are entitled to terminate the contract by a written notice to be provided within 10 dates from the receipt of the change. If the Customer fails to terminate the contract within the stipulated period, it will be deemed to have agreed to change the terms and conditions without reservation.