Terms & Conditions

Daddy Holdings (PTY) Ltd t/a RC Cars South Africa

Registration number: 2013/021039/07

RcCars.co.za Also Known as RC Cars Online / RC Cars South Africa

RcCars.co.za is an entity under the company Registered

STANDARD TERMS AND CONDITIONS

1.     INTRODUCTION:

RcCars.co.za provides its customers with a range of goods (“Products”) and services. All natural and juristic persons who contract with RcCars are hereinafter referred to as “customers”.

 

2.     WHO IS RcCars.co.za?

RcCars.co.za is an entity of the company Daddy Holdings (PTY) Ltd registered in terms of the laws of the Republic of South Africa. In terms of the Electronic Communications and Transaction Act 25 of 2002 (ECTA), the customer is provided with the following information:

1.     Full name: Daddy Holdings (PTY) Ltd

2.     Legal status: A private company with limited liability duly registered in terms of the laws of South Africa

3.     Registration number: 2013/021039/07

4.     Main business: online retailer

5.     Place of registration: Centurion, Pretoria. South Africa

6.     Telephone number: 082 777 7737

7.  Fax number: 086 214 2001

8.  Webmaster: eBucket 

9.  Website: https://rccars.co.za

10.  Official e-mail address: sales@rccars.co.za

 

3.     PURCHASING PRODUCTS:

1.     How to order and pay for Products:

1.     Products available to the customer are displayed on RcCars.co.za website. The customer may select any products displayed on RcCars.co.za website.

2.     Once a product is selected by the customer, the customer shall offer to purchase the selected product by using RcCars.co.za electronic order form at the price displayed on RcCars.co.za website.

3.     RcCars.co.za may in its sole and absolute discretion accept or reject the customer’s offer which acceptance or rejection shall be communicated to the customer via e-mail.

4.     The customer shall pay RcCars.co.za the purchase price using the various options available for payment as provided on RcCars.co.za electronic order from.

2.     Prices:

1.     RcCars.co.za will endeavour to ensure that all prices and information regarding Products advertised on the website are correct.

2.     If prices are incorrectly displayed on the website, RcCars.co.za will not be bound by the incorrect prices. In such instances RcCars.co.za can decline the customer’s offer and choose not to sell the Product for the incorrect price.

3.     Payment:

1.     Payments can be made to Gtcell.co.za in the following manner:
Electronic Funds Transfer (“EFT”) 
Direct EFT into Gtcell.co.za bank account.
Cash deposit directly to RcCars.co.za bank account.

 

2.     RcCars.co.za bank account details are available when online transaction is complete.


3.     Customers must use their surnames and order number as their reference when making payment. RcCars.co.za cannot be responsible for any delays or misallocation of payments received as a result of the customer failing to include such information.

4.     RcCars.co.za shall not disclose the Customer’s payment information to any third party without the Customer’s consent.

 

4.     Product information:

1.     RcCars.co.za will endeavour to ensure that all information regarding Products on its website is correct.

2.     If a Product has been incorrectly described on the website, the customer may cancel the sale and return the Product for a full refund within 10 (ten) ordinary days.

 

5.     Availability

1.     The stock of all Products displayed on RcCars.co.za website is limited by the availability from its suppliers.

2.     RcCars.co.za will endeavour to remove Products displayed as soon as stock of the Products is no longer available or list as pre-order

3.     RcCars.co.za will not be responsible or liable for any damage whatsoever if RcCars.co.za does not have stock of Products advertised on its website.

 

6.     How Products are Delivered or Collected:

1.     Once the purchase price for the product has been paid by the customer to RcCars.co.za, the product will be delivered to the customer via courier only.

2.     Products will be delivered to the customers nominated address on any Monday to Friday (excluding Public Holidays) between 08h00 (8:00 am) and 17h00 (5:00 pm) and no more than 15 days after the purchase price for the product has been paid and the order has been submitted.

3.     There will be a delivery fee for all products will be calculated on weight and volume per area on checkout.

4.     RcCars.co.za shall only make deliveries within the Republic of South Africa, for international orders please contact sales@rccars.co.za 

 

7.     Operating Manuals:

1.     All Products will be supplied to the customer with an operating manual compiled and provided by the manufacturer of the Product.

2.     It is very important that the customer reads the manual before handling and operating the Product.

3.     If the customer does not understand the operating manual, RcCars.co.za can be contacted using the contact details on this website for assistance.

 

8.     Ownership Risk and Responsibility for Products:

1.     The customer will be responsible for the Product from the time that the Customer signs a delivery or collection note for the Product at which time the Product will be deemed to have been delivered to the Customer.

2.     From the time that the Product is delivered to the Customer, the risk in and to the Product passes to the Customer and the Customer will be responsible for the product. For example: if the Product is damaged by the Customer or is lost or stolen after the customer signs the delivery note, the customer will be responsible for the lost, stolen or damaged Product.

 

9.     Damaged Products and Warranties:

1.     If the customer receives a damaged Product from RcCars.co.za, the customer may return it to RcCars.co.za in accordance with the customer’s rights in terms of the Consumer Protection Act 68 of 2008 (CPA).

2.     RcCars.co.za will not be responsible for any damage caused by the customer failing or neglecting to follow the Product’s operating manual. For example: RcCars.co.za will not be responsible for physical damage, liquid damage or any misuse of the Product.

 
 

10. THE WEBSITE

1.     RcCars.co.za reserves the right to modify or withdraw its website either temporarily or permanently without the customers consent.

2.     RcCars.co.za reserves the right to modify or amend these terms and conditions from time to time. Any transaction entered into prior to any particular modification or amendment of the terms and conditions will be dealt with in accordance with the terms and conditions as they were at the time that the transaction is concluded.

3.     The customer consents to RcCars.co.za rights set out above.

 

11. USE OF RcCars.co.za WEBSITE:

1.     The customer may only use RcCars.co.za website to browse the Products and services available and to purchase products or engage RcCars.co.za services.

2.     The website may not be used for any other purpose whatsoever.

3.     The website may not be copied or reproduced or tampered with in anyway.

4.     Notwithstanding the provisions of section 43(5) and 43(6) of the ECTA, RcCars.co.za shall not be liable for any claims howsoever arising from the use or inability to use the website.

5.     RcCars.co.za does not warrant in any way that the content on the website is free of any viruses, errors or interruptions.

6.     RcCars.co.za does not warrant that the website is compatible with the customer’s hardware or software.

 

12. ELECTRONIC COMMUNICATIONS:

1.     When the customer visits RcCars.co.za website and when the customer sends RcCars.co.za e-mails, the customer agrees that he or she is communicating with RcCars.co.za electronically.

2.     The customer consents to receiving communications from RcCars.co.za electronically. Such communication shall be either via e-mail or by posting notices on RcCars.co.za website.

 

13. ACCESS TO INFORMATION:

RcCars.co.za manual in terms of section 51 of the Promotion of Access to Information Act, No. 2 of 2000 may be downloaded from its website.

 

14. PRIVACY

1.     All information which the customer provides RcCars.co.za will only be used for the supply of goods and services to the customer and shall not be used for any other purpose.

2.     None of the customer’s personal information shall be sold or made available to anyone other than in the supply of the goods and services to the customer.

 

15. COOLING OFF PERIOD:

1.     In term of section 44 of ECTA, the customer is entitled to cancel without reason and without penalty any transaction and any related credit agreement for the supply –
(a)of goods within seven days after the date of the receipt of the goods; or
(b)of services within seven days after the date of the conclusion of the agreement.

2.     The only charge that may be levied on the customer upon a cancellation in terms of section 44 of ECTA is the direct cost of returning the goods.

3.     If the payment of the goods or services has been effected prior to a customer exercising the right referred to above, the customer is entitled to a full refund of such payment, which refund shall be made within 3 working days of the date of cancellation.

 

17. LEGAL ADVICE:

1.     The customer understands that he or she is free to seek legal and other advice before accepting RcCars.co.za terms and conditions and before purchasing any Products or engaging RcCars.co.za to render any services.

2.     Only the terms and conditions contained herein shall apply to the supply of services by RcCars.co.za or the sale of the Products. No other terms and conditions (as amended from time to time) will apply to any transaction between RcCars.co.za and the customer apart from those terms, conditions, rights and obligations which are necessarily imposed by law.

3.     These terms and conditions must be read together with and interpreted in terms of the Consumer Protection Act and the Electronic Communications and Transactions Act, which Acts are made available on RcCars.co.za website. Where there is a conflict between these terms and conditions and either the Consumer Protection Act 68 of 2008 or the Electronic Communications and Transactions Act 25 of 2002, the aforesaid Acts shall prevail.

4.     Each term or condition of this contract is severable and in the event that any one or more of the terms and / or conditions is found to be unenforceable, then the remaining terms and conditions shall remain valid and enforceable

 

17. GOVERNING LAW

RcCars.co.za is registered and conducts its business in the Republic of South Africa. The law governing these terms and conditions is the law of the Republic of South Africa.

 

18. DISPUTES:

1.     If there is any dispute between the customer and Gtcell.co.za arising out of these terms and conditions or any transaction between them, and provided the parties are unable to resolve the dispute, then the parties irrevocably agree to refer the dispute for arbitration.

2.     The dispute shall be referred to the Arbitration Foundation of South Africa who shall appoint an independent practising advocate of atleast 10 years standing to be the arbitrator.

3.     The parties agree that the arbitration will be kept confidential and the expedited rules will be used to resolve the dispute.

4.     Any notice, process or document which needs to be delivered or served on Gtcell.co.za must be served at its registered address set out above and a copy must be sent via e-mail to sales@rccars.co.za 

 

19. VERBAL REPRESENTATIONS:

The customer agrees that no verbal alteration, amendment or modification of these terms and conditions shall be binding on the either of the Parties.