TERMS OF SERVICE
TERMS OF SERVICE OVERVIEW
This website is hosted on xneelo. and operated by SMRacing Online. Throughout the site, the terms “we”, “us” and “our” refer to SMRacing Online. SMRacing Online offers this website, including all information, tools and services contained therein to you, the user. This offering in its entirety, is conditional upon your acceptance of all terms, conditions, policies and notices published on this website. Any features, tools or items added to the website shall also be subject to the same terms, conditions, policies and notices.
These Terms of Service and any referenced conditions, policies and notices, apply to all users of the site, including but not limited to: users who browse the website, vendors, customers, merchants, and/or content contributors.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, or change the Terms of Service at any time. Users will be notified of any changes to the Terms of Service, either by email (account holders), or via a site announcement. Your continued use of the website, following the posting of any such changes, constitutes acceptance of those changes.
SECTION 1 – GENERAL CONDITIONS
By using our website, you understand that your personal information, excluding credit card information, may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes, to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the products or services provided by us, without express written permission from us.
The headings used in this agreement are included for convenience only, and will not limit or otherwise affect these Terms.
SMRacing Online is not liable for any injuries or damages incurred whilst wearing any gear purchased from us. Riders should always exercise caution and ride responsibly. Our products and services are provided as preventative measures only.
SECTION 2 – ONLINE STORE TERMS
By accessing and using our website, you are agreeing to be bound by the terms, conditions, policies and notices published on our website.
A breach, or violation of any of the terms, conditions, policies or notices published on our website, will result in an immediate termination of your account with us, and criminal action, if deemed appropriate.
SECTION 3 – PRODUCTS AND SERVICES
Any offer for any product or service made on this site is void where prohibited.
Prices for our products and services are subject to change without notice. We reserve the right to modify, or discontinue our Service.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to our Returns, Refunds and Exchanges Policy.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. These restrictions may include orders placed by, or under the same customer account, credit card, or orders that use the same billing and/or shipping address.
Every effort has been made to display the colours and images of the products and services, that appear online, as accurately as possible. Colour variances are to be expected however, as colours displayed online may not match the exact colour of actual products. Product descriptions are subject to change without notice.
At our discretion, we reserve the right, to limit the sales of our products or services to any quantity, person, geographic region, or jurisdiction.
We cannot be held liable for any factory defects. Defective items are subject to our Returns, Refunds and Exchange Policy. For more details, please review our Returns, Refunds and Exchange Policy (Return and Refunds Policy section)
SECTION 4 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
SMRacing Online is not responsible for any incorrectly provided information.
When using our website, or corresponding with us, it is your responsibility to make sure that all your personal and credit card details are current, complete and accurate. Any transaction processed incorrectly due to user error, resulting in any financial costs, will be strictly for the user’s account and treated at Management’s discretion.
SECTION 5 – OPTIONAL TOOLS
We may provide you with access to third-party tools, over which we neither monitor, nor have any control, or input.
By using these tools, you acknowledge that we provide access to such tools ”as is”, and “as available” without any warranties, representations or conditions of any kind. We shall have no liability whatsoever arising from, or relating to your use of such optional third-party tools.
Any use by you, of optional tools offered through the site, is entirely at your own risk and discretion.
SECTION 6 – THIRD-PARTY LINKS
Certain content, products and services available via our website, may include materials from third-parties.
Third-party links on this site, may direct you to third-party websites that are not affiliated with us. We are not responsible for examining, or evaluating the content or accuracy found on such sites, and we do not warrant or take any responsibility for any third-party materials, websites, content or services.
We are not liable for any harm, or damages related to the purchase, or use of goods, services, resources, content, or any other transactions made via such third-party websites. Please carefully review any third-party’s policies and practices before you engage in any transaction with them. Complaints, claims, concerns, or questions regarding third-party products, services, or content should be directed to the third-party.
SECTION 7 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
You are solely responsible for any comments you make, including their accuracy. We take no responsibility, and assume no liability for any comments posted by you, or any third-party.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or where such content violates any party’s intellectual property, or terms, policies and notices published on our website.
If, at our request, you send specific submissions e.g. a contest entry, or without a request from us, you send creative ideas, suggestions, proposals, plans, or any other materials, whether online, by email, by postal mail, or other mode of correspondence, you agree (unless agreed in writing), that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium, any such content forwarded to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
SECTION 8 – PERSONAL INFORMATION
SECTION 9 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change, update information, or cancel orders where applicable. Any suspected errors should be reported to email@example.com
SECTION 10 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We cannot guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
You expressly agree that your use of, or inability to use, this Service is at your sole risk. The website and all products and services delivered to you, via the website (except as expressly stated by us) are provided new and for the sole reasonable purpose/s as stated.
In no case shall SMRacing Online, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to: lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or products procured via SMRacing Online. Where some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 12 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by the applicable laws, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 13 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms, shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules published by us on this site, or in respect to this Service, constitutes the entire agreement between you the user, and us. The entire agreement supersedes any prior or contemporary agreements, communications and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of the Terms of Service or any referenced conditions, policies and notices.
Any ambiguities in the interpretation of these Terms of Service, shall not be construed against the drafting party.
SECTION 14 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you products and services, shall be governed by and construed in accordance with the laws of South Africa and the CPA (Consumer Protection Act).
SECTION 15 – CONTACT INFORMATION
Any questions regarding the Terms of Service should be sent to us at firstname.lastname@example.org.
RETURN AND REFUNDS POLICY
Returns can be made on selected items. Please enquire before purchasing if you are unsure. If an item can be exchanged it needs to be in original condition with all tags still attached. The customer needs to contact us and arrange a return. Customer needs to carry the shipping cost back to suppliers. Please double check your order to make sure you have the correct sizes, colours, etc. If however we sent the wrong products or damaged products we will gladly correct the mistake free of charge. Cancellations of all orders that are already shipped out by our suppliers are subject to a 35% cancellation fee.
If an item is on backorder or an order is delayed by our supplier, SMRacing Online will notify you via email or phone. In case an item is on backorder you have the option to either wait, exchange the item for another item or cancel the order. Back orders can only be cancelled within 3 working days.
PLEASE NOTE: ALL DELIVERIES CAN ONLY BE SENT TO PHYSICAL ADDRESSES.
WE ARE UNABLE TO DELIVER TO PO BOXES AS ALL ITEMS ARE SENT BY COURIER AND REQUIRE A SIGNATURE UPON RECEIPT.
|DELIVERY OPTION||NUMBER OF DAYS||VALUE OF ORDER||DELIVERY CHARGE||DELIVERY TIMES|
|Self-Collect -SMRacing Online||SMRacing Online will contact you once
items are ready for collection
|Any||FREE||Monday – Friday: 9am – 5pm
Saturday: 9am – 1pm
|Monday – Friday: 9am – 5pm|
|Economy||3 – 5 working days**||Any||0kg – 15kg
|Monday – Friday, 9am – 5pm|
|Economy||3 – 5 working days**||Any||16kg – 25kg R255.00||Monday – Friday, 9am – 5pm|
- All charges quoted are for delivery within South Africa only.
- Standard delivery of 3 – 5 working days applies.
- If you choose the Self-Collect delivery option, SMRacing Online will contact you to confirm that these items are ready for collection from SMRacing, 2 C/O Kolbe & Roth Avenue Willows Bloemfontein 9301.
- For any delivery outside of the Republic of South Africa, please arrange own courier services to collect.
- SMRacing Online relies on a courier network to provide deliveries within South Africa – we cannot be held liable for any consequential loss caused by late delivery or loss or damages by our carriers.
- Items can only be delivered to a physical address as a signature is required upon receipt, so please ensure that someone is available at the address provided to accept the delivery.
- If any deliveries are not received with the timeframe displayed above, please email us at email@example.com. with your order reference number, the date of the order and the delivery address specified.
** Delivery to outlying areas is dependent on courier schedules and may take longer than the timeframe displayed. **
RETURNS, REFUNDS AND EXCHANGES
Our returns, refunds and exchanges policy is strictly valid for 7 days from date of purchase. To minimize any financial loss, or undue inconvenience, please contact us before sending any items to us. Please include your name, address and the relevant SMRacing Online order number. Please DO NOT send your purchase back to the manufacturer.
To be eligible for a return, refund or exchange, within the 7 day period:
- The item must be unused, and in the same condition that you purchased it in.
- It must be in the original packaging.
- A receipt or proof of purchase for the item, must accompany the item.
- The item must reach us before the end of the 7 day period.
Our products are reasonably suited to the use of motocross riding and are sold new, unless specifically stated otherwise. Should a product you have ordered warrant a return, the item will be subject to the eligibility, Refunds or Exchanges policies as stated herein.
Incorrectly ordered products will be refunded or exchanged at management’s discretion.
Incorrectly delivered products can be returned and exchanged, or refunded at the customer’s discretion. SMRacing Online will cover return shipping on incorrectly delivered products where applicable.
SMRacing Online reserves the right to approve or reject a refund request. The sender will receive a notification to confirm receipt of any returned items. Items will be inspected and depending on the outcome of the inspection, the sender will be notified of the approval or rejection of their request.
- Approved requests will be processed as soon as possible via EFT, or the original method of payment.
- Senders of rejected refund requests can have their goods returned to them at their own expense, or choose to forfeit the items and any monetary values attached to the item.
Refund Exclusions: Sale items are not eligible for refund.
Late or Overdue Refunds: There is often a time delay, before a processed refund is posted to your account, by a financial institution. If you have an overdue refund pending, check with your Bank, to check on the status of your refund. If after checking with your Bank, there is evidence that no transaction is pending, please contact us at firstname.lastname@example.org.
In the case where an item is factory defective, returns will be accepted up to (1) months from date of purchase. We will send the item back to the supplier for assessment. Where items are confirmed as factory defective, and a replacement is available, SMRacing Online will ship the replacement to you, at no extra charge.
NB: Don’t forget to contact us, before returning any items to us.
- All returns, refunds and exchanges should be clearly marked and sent to: 2 C/O Kolbe & Roth Avenue Willows Bloemfontein , South Africa 9301. (Please don’t forget to state whether the item you are sending is for refund or exchange.)
- Unless specifically stated otherwise, all shipping costs for returns, refunds and exchanges are for your account. Shipping costs are non-refundable.
- Please include paid, self-addressed packaging along with your return, so that we can ship any applicable items back to you. If Items are received without paid, self-addressed packaging, SMRacing Online will be unable to ship anything back to you.
Tip: SMRacing Online recommends using a traceable shipping service with applicable insurance, whenever shipping any items. Failure to do so, is at the sender’s risk.
It is our goal to provide all our clients with a great quality product and service excellence. We will do our utmost to process all returns and requests as quickly and efficiently as possible. Please bear in mind that depending on where you are situated, returns and exchanges may take time to reach you, so we do ask for your patience in this regard.
SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?
Any information provided by you, is solely used for the purpose of providing a particular product or service to you via an online platform. SMRacing Online, will under no circumstances, other than stated in this document, sell or disclose your information to any other party. Where applicable, and only with your permission, we will send you marketing materials regarding our store, new products, or other necessary notifications and updates.
SECTION 2 – CONSENT
“How do we get your consent?”
When providing us with any personal information used to complete a transaction, verify your credit card, place an order, arrange for a delivery, return a purchase, or in general correspondence; it is implied that you consent to the collection and use of your given information, in order to process the applicable action. Where we may require your personal information for any secondary reason, we will provide you with a request to do so, and you will have the opportunity to decline such requests.
“How do you withdraw your consent?”
You may withdraw given consent for secondary use of your information at any time, by contacting us at: email@example.com.
SECTION 3 – DISCLOSURE
We may disclose your personal information to a third-party, if we are required to do so by law, or where applicable Terms of Service may have been violated.
SECTION 4 – THIRD-PARTY SERVICES
In general, third-party providers used by GO-MX, will only collect, use and disclose your information to the extent necessary for the successful completion of any matter relating to services provided. Certain third-party service providers, such as payment gateways and other payment transaction processors, may have their own privacy policies applying to online services. We recommend that you familiarize yourself with these privacy policies, where applicable.
Certain providers may also be located in, or have facilities that are located in, a different jurisdiction. When electing to proceed with a transaction that involves the services of such a third-party service provider, it is important to understand that your information and use of the third-party’s website, may become subject to the laws of the jurisdiction(s), in which that service provider, or its facilities are located.
When following links from our website to associated, or third-party sites, please note that SMRacing Online cannot take responsibility for the service, content or privacy practices of such associated, or third-party sites.
SECTION 5 – SECURITY
To help keep your personal information from being inappropriately lost, misused, accessed, disclosed, altered or destroyed, SMRacing Online has taken every reasonable precaution. Wherever applicable, we have followed industry best practices, and have complied with PCI-DSS requirements and encryption standards.
SECTION 6 – AGE OF CONSENT
By using this site, you declare that you are at least eighteen (18) years of age, or that you as a parent, or legal guardian, have given consent to allow a minor, or individual under the age of eighteen (18) to use this site.
Should our store ever be acquired, or merged with another company, your information may be transferred to the new owners in an effort to continue providing available products and services to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have relating to you, register a complaint, offer a compliment, or simply request additional information, please contact us at: firstname.lastname@example.org.