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HPC WEBSITE TERMS AND CONDITIONS

These Online Terms and Conditions are a contract between you and HPC (ATS-Motorsport) Proprietary Limited, doing business as HPC (Hearing Protection and Communication). HPC is referred to in these Online Terms and Conditions as “HPC”. These Online Terms and Conditions apply when you use the HPC website (located at www.hpcshop.ftwebsolutions.co.za), buy any products or services through the HPC website and also apply to your use of any such goods and services. By accessing the HPC website you agree to these Terms and Conditions. If you do not agree to these Online Terms and Conditions you must not use the HPC website.

Disclaimer and limitation of liability
The information, content, services, and features of the HPC website, including text, graphics

and links are provided on an "as is" basis. HPC does not represent that the HPC website or any content, service or feature of the website will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. HPC does not give any warranty, express or implied, in relation to the operation of the HPC website.

HPC cannot ensure that any files or other data that you download from the HPC website will be free of viruses or contamination or destructive features.

HPC is not responsible for the acts or omissions of any third parties in connection with the use of the HPC website.

HPC is not liable for any damages, liability or harm caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the HPC website, whether for breach of contract, delict, or any other cause of action.

HPC is not liable for any indirect, consequential, special, incidental or punitive damages, including lost profits, even if HPC has been advised of the possibility of such damages.

If, despite the exclusion of HPC's liability in these Online Terms and Conditions, HPC is found to be liable for any loss or damage caused, HPC's liability is limited to R1000.

These Online Terms and Conditions do not affect your statutory rights, including your rights under any applicable consumer laws that cannot be altered by contract.

 

Content on the HPC website
All content on the HPC website, such as information, text, pictures, photographs, graphics, interfaces, and the design, structure and arrangement of the content, belongs to HPC or is licensed to HPC and is protected by law. You may not copy, reproduce, upload or post any of the content on the HPC website without HPC's prior written permission.

 

Links to third party websites
The HPC website may include links to websites operated by third parties.HPC  is not responsible for the content of those sites. The links to third party websites from the HPC website do not imply any responsibility for the content, opinions, representations, products or services provided on those sites. You are responsible for complying with the terms of use of any linked third party websites.

 
Changes to HPC website
The content on the HPC website and the products and services offered may change from time to time. No notice of any changes will be given to you. HPC may also interrupt the operation of the HPC website, or any part of the website, to perform routine or non-routine maintenance, to correct any errors, or make other changes.
 
 Termination
If you do not comply with these Online Terms and Conditions when accessing or otherwise using the HPC website, HPC has the right to suspend your access to the website temporarily or permanently without notice to you. HPC may also stop operating the website entirely.
 
 Sales in South Africa only
Only users in South Africa may buy goods and services through the HPC website. HPC will currently only accept orders for delivery addresses in South Africa. Products and services sold through the HPC website are intended for use only in South Africa.

Age
By using the HPC website you are representing that you are above the age of 18 or, if you are below the age of 18, that you have the permission of your parent or guardian to use the HPC website and to buy goods and services through the website.

 
Billing and personal information
In order to buy goods and services through the HPC website, you will need to register an online account with HPC. For this purpose you will need provide to HPC certain personal information and billing information that will enable HPC to charge you for your purchases (such as your credit or debit card details). You must provide accurate and complete registration information when you register an account. You must ensure that your registration information is kept up-to-date. Any personal information or billing information that you provide to HPC will be used and retained in accordance with HPC's Privacy Policy. The Privacy Policy can be accessed at [insert URL to Privacy Policy] and forms part of these Online Terms and Conditions.

When you set up your account you will choose a user name and password. You will have to use these details to log in to your account. You are responsible for keeping these details confidential. You must notify HPC immediately if there is any unauthorized use of or access to your account. HPC will not be responsible for any unauthorized use of your user name and password or for any losses that you suffer as a result and you will be responsible for any purchases made using your account, where you have failed to keep your user name and password secure and confidential. You may be held responsible for any losses suffered by HPC or any other user of the HPC website as a result of your failure to keep your user name and password secure and confidential.

 
Order process
When you place an order for a product, your order is subject to product availability. If, after you place your order, there is insufficient stock to fulfill your order, HPC has the right to cancel your order or any part of your order and refund the purchase price. HPC will refund the purchase price based on the original payment method (i.e. to your credit or debit card). You will have the opportunity to review any order for products or services that is placed through the HPC website. You can withdraw your order at any time before finally placing it.
 
 Payment processing
All transmissions of billing information and data through the HPC website are encrypted and

HPC takes extensive steps to ensure that any transaction through the HPC website is secure. You accept that transactions that are performed over the internet may be vulnerable to being intercepted. HPC will not be liable for any interception that occurs and any loss that is suffered as a result, where HPC has taken reasonable steps to prevent this happening.

 

Terms and conditions of sale and return and refund policies

 

HPC will refund or exchange any online purchases within 7 days from the date of receipt as long as the item has not been used or installed and is returned in the original packaging and that the relevant proof of purchase is provided.

A 10% handling fee may be charged on opened / used purchases.

Software products cannot be exchanged or refunded. Products will not be refunded or exchanged due to incompatibility. Please check compatibility information before placing an order. A courier collection fee of R120.00 may be charged on refunds and exchanges. HPC will refund the purchase price of any product within 30 days after you cancel your agreement with HPC.

HPC will give you a refund based on the original payment method used to buy the products.

Where you buy services though the HPCwebsite, you agree that HPC can start providing the services before 7 days have passed from the date that you bought the services.

 
Pricing changes
HPC reserves the right at any time and without giving you any advance notice to make changes to the prices of goods and services that are sold through the HPC website and to correct any pricing errors that may inadvertently occur. HPC is not liable for any typographical errors that may occur.

 

Changes to the contract
HPC reserves the right to make changes to these Online Terms and Conditions at any time.

If you are an existing customer, HPCwill notify you in advance of any material changes that it intends to make to these Online Terms and Conditions before the changes come into effect. If you do not wish to be bound by the amended contract, you should not continue to use the HPC website.

 

Delivery and collection
All orders over R1000 will be delivered free of charge. Any order less than R1000 will carry a small courier fee. There is no option to collect from HPC. A courier company engaged by HPC will perform deliveries. You may be required to provide a valid form of identification when your order is deliverered.

HPC is not liable for any incorrect order or delivery where you make an error in the information that you provide to HPC e.g. if you provide the incorrect delivery address or submit an incorrect order.

You acknowledge that the delivery of your order may be impacted by events beyond HPC's control such as adverse weather conditions or industrial action. HPC is not liable for late deliveries of products purchased through the HPC website. HPC will, however, try to ensure a smooth delivery process.

 

Other terms and conditions
Additional terms and conditions may apply to specific products and services that are made

available through the HPC website and to other features that are made available on the site such as competitions. Those terms and conditions form part of these Online Terms and Conditions and you agree that you are bound by them. If there is a conflict between these Online Terms and Conditions and any specific terms and conditions applicable to any particular product or service or feature of the HPC website, the specific terms and conditions will apply.

 
Interpreting the contract, governing law and dispute resolution
These Online Terms and Conditions are governed by the laws of South Africa, regardless of conflict of laws principles.
 
A court may find that some of the provisions of this contract are not enforceable. If this occurs, the remaining provisions of the contract will continue to apply. HPC will replace the affected provisions with new provisions that achieve the intended purpose but that are capable of being enforced in your country.
 
You and HPC consent to the exclusive jurisdiction of the High Court of South Africa, Johannesburg for all disputes arising out of or relating to this contract. If you make a claim under your contract with HPC, as set out in these Online Terms and Conditions, you must do so within one year of the date when the cause of action arises. If you do not do so, your claim will be barred.

 

Record of your transaction
If you need to obtain a sales record of your transaction to buy goods or services through the HPC website, you can contact HPC within 30 days of the transaction.

 

Complaints and notices
Complaints and queries should be sent by email to This email address is being protected from spambots. You need JavaScript enabled to view it.

Any legal notices that you give HPC under this contract must be sent by registered post to

PO Box 782162, Sandton, 2146.

Where HPC needs to give you any notice as provided for in this contract or provide additional information about the products and services supplied to you, HPC will do so by sending you an email or posting a notice on the HPC website. You consent to HPC providing you with notices or information in this way. 

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