Terms & Conditions

Introduction

1.1. This website can be accessed at www.4x4depot.co.za, related mobile sites, and software applications (the “Website”) and is owned and operated by 4×4 Depot (“4×4 Depot,” “we,” “us,” and “our”).

1.2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale, and delivery of Goods and the use of the Website.

1.3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you,” “your,” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now”/”Sign up” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.4. The Website enables you to shop online for an extensive range of goods which may include seat covers, dash protectors, transmission covers, spare wheel covers, vehicle accessories, and overland lifestyle accessories (“Goods”).

Important Notice

2.1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”) of The Republic of South Africa.

2.2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

2.2.1. may limit the risk or liability of 4×4 Depot; and/or

2.2.2. may create risk or liability for the user; and/or

2.2.3. may compel the user to indemnify 4×4 Depot; and/or

2.2.4. serves as an acknowledgement, by the user, of a fact.

2.3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

2.4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask 4×4 Depot to explain it to you before you accept the Terms and Conditions or continue using the Website.

2.5. 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 you or 4×4 Depot in terms of the CPA.

2.6. 4×4 Depot 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.

2.7. These Terms and Conditions are divided into three sections, as follows:

Part A – Orders and Sales;

Part B – Privacy Policy; and

Part C – General Legal Terms.

Returns

Please refer to our Returns Policy for more information about cancelling orders after delivery and about returns (and related refunds, or replacements). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

Part A – Orders and Sales

4. Registration and Use of the Website

4.1. Only registered users may order Goods on the Website.

4.2. To register as a user, you must provide a unique username and password and provide certain information and personal details to 4×4 Depot. You will need to use your unique username and password to access the Website to purchase Goods.

4.3. You agree and warrant that your username and password shall:

4.3.1. be used for personal use only; and

4.3.2. not be disclosed by you to any third party.

4.4. For security purposes, you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

4.5. 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 an order, save where the order is cancelled by you by these Terms and Conditions.

4.6. You agree to notify 4×4 Depot 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.

4.7. By using the Website, you warrant that you are 18 (eighteen) years of age or older andin 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 the 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 a person agrees to be bound by these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

4.8. You agree that you will not in any way use any device, software, or other instruments to interfere or attempt to interfere with the proper working of the 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 the Website or the information contained herein, without the prior written consent from an authorized Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

4.9. You may not use the Website to distribute defamatory material, offensive, contains or amounts to hate speech or is otherwise unlawful.

4.10. You may not in any way display, publish, copy, print, post, or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorized Company representative.

Part B – Privacy Policy

Please refer to our Privacy Policy for more information about your privacy and rights stemming from legislation and GDPR. The Privacy Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

Part C – General Legal Terms

10.1. 4×4 Depot may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use the Website.

10.2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

11. Electronic Communications

When you visit the Website or send emails to us, you consent to receive communications from us or any of our divisions, affiliates, or partners electronically by our privacy policy as set out in our Privacy Policy.

12. Ownership and Copyright

12.1. The contents of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trademark law. The Website Content is the property of 4×4 Depot, its advertisers and/or sponsors, and/or is licensed to 4×4 Depot.

12.2. You will not acquire any right, title, or interest in or to the Website or the Website Content.

12.3. Any use, distribution, or reproduction of the Website Content is prohibited unless expressly authorized in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content, contact our Admin Manager at e-mail sales@4x4depot.co.za

12.4. Where any of the Website Content has been licensed to 4×4 Depot 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.

13. Disclaimer

13.1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Website or reliance on any information on the Website.

13.2. While 4×4 Depot takes reasonable measures to ensure that the content of the Website is accurate and complete, 4×4 Depot makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability, or functionality of the Website or as to the accuracy, completeness, or reliability of any information on the Website.

13.3. 4×4 Depot disclaims liability for any damage, loss, or liability, whether direct, indirect, or consequential, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

13.4. The Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

13.5. Any views or statements made or expressed on the Website are not necessarily the views of 4×4 Depot, its directors, employees, and/or agents.

13.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, 4×4 Depot also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials, or any other data or code which can corrupt, destroy, compromise, disrupt, disable, harm, jeopardize, or otherwise impede in any manner the operation, stability, security functionality, or content of your computer system, computer network, hardware, or software in any way. You accept all risks associated with the existence of such viruses, destructive materials, or any other data or code which can corrupt, compromise, jeopardize, disrupt, disable, harm, or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of 4×4 Depot, its employees, agents, or authorized representatives. 4×4 Depot thus disclaims all liability for any damage, loss, or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

14. Limitation of liability

14.1. 4×4 Depot cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of 4×4 Depot, its employees, agents, or authorized representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to sales@4x4depot.co.za

14.2. 4×4 Depot SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; AND/OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.

14.3. YOU HEREBY INDEMNIFY 4×4 Depot AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.

15. Availability and termination

15.1 We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.

15.2. 4×4 Depot may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that 4×4 Depot will not be liable to you if it chooses to suspend, modify or terminate this Website other than for processing any orders made by you before such time and to the extent possible.

15.3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

16. Governing law and jurisdiction

16.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted by the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications, or the like instituted by either party against the other, arising from any of these Terms and Conditions.

16.2. In the event of any dispute arising between you and 4×4 Depot, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (KZN Division, Durban) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

16.3. Nothing in clause 16 or the Terms and Conditions limits your right to approach any court, tribunal, or forum of competent jurisdiction in terms of the CPA.

17. Notices

17.1. 4×4 Depot hereby selects 20 La Vigna Plantations Estate, 47 Shongweni Road, Hillcrest, 3610, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“nominated address”). 4×4 Depot may change this address from time to time by updating these Terms and Conditions.

17.2. You hereby select the address specified on the Goods order form as your nominated address, but you may change it to any other physical address by giving 4×4 Depot not less than 7 days’ notice in writing.

17.3. Notices must be sent either by hand, prepaid registered post, or email and must be in English. All notices sent –

17.3.1. by hand will be deemed to have been received on the date of delivery;

17.3.2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;

17.3.3. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

18. 4×4 Depot information

For the ECT Act, 4×4 Depot’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

18.1. Full name: 4×4 Depot, a private company registered in South Africa with registration number 2024 / 119905 / 07

18.2. Main business: 4×4 Depot

18.3. Physical address for receipt of legal service (also postal and street address): 20 La Vigna Plantations Estate, 47 Shongweni Road, Hillcrest, 3610 (marked for attention: CEO)

18.5. Phone number: +27 83 647 5444

18.6. Official email address: sales@4x4depot.co.za

19. General

19.1. 4×4 Depot may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

19.2. You may not cede, assign, or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

19.3. Any failure on the part of you or 4×4 Depot to enforce any right in terms hereof shall not constitute a waiver of that right.

19.4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

19.5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

19.6. No indulgence, extension of time, relaxation, or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

19.7 These Terms and Conditions contain the whole agreement between you and 4×4 Depot, and no other warranty or undertaking is valid unless contained in this document between the parties.