WELCOME

Welcome to the Brightwing Technologies (Pty) Ltd trading as Motorradical, website at www.motorradical.co.za. Please take a moment to read these terms and conditions including our policies ("Terms") to understand how they apply to your use of our website and any products or services that you may order online.


ABOUT US

Brightwing Technologies trading as "Motorradical" designs and manufactures automotive accessories for motorcycle and 4x4 vehicles and also retails related outdoor and adventure products. Brightwing Technologies also offers engineering solutions to third parties.


Motorradical Terms & Conditions

IF IT HAS WHEELS
WE'LL ENHANCE IT

GENERAL TERMS

Who owns this website?

The Motorradical Online website at www.motorradical.co.zais owned and operated by Brightwing Technologies (Pty) Ltd trading as Motorradical ("Motorradical Online"), a company registered in the Republic of South Africa under company registration number 2004/024368/07, which has its registered office at 129 Third Road, Montana, Pretoria, South Africa.

Terms and conditions apply

These Terms apply to your use of this website. By using this website, you acknowledge that you have read and understood these Terms and agree to be bound by them. They represent our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law. Please do not use our website if you do not agree to be bound by these Terms. Online purchases from our website are subject to these Terms.

Amended or updated terms

We may periodically update or change the Terms without notice. You should check them from time to time, as your continued use of our website will mean you accept any updated or revised Terms.

Law & arbitration

This agreement is governed by the laws of the Republic of South Africa. Any dispute arising in relation to our agreement with you shall, to the extent permitted by law, be referred to arbitration in Pretoria at a venue to be determined by us applying the Uniform Rules of the High Court of South Africa.

Use of our website

You are welcome to browse or use our website for your own personal, non-commercial shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of this website, the uploading of any unlawful or damaging information or viral software, or the creation of any links to our website from any other site whatsoever, is strictly prohibited. You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our website and/or its contents contrary to these Terms.

We use cookies to identify the computer device with which you connect to our website. We reserve the right to restrict your use and access to our website or part thereof in the event of any unauthorized use.

We reserve the right to suspend our website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these terms or if we believe the information provided by you is untrue, inaccurate or incomplete. Any indulgence of extension of time granted to you shall not be construed as a waiver or variation of any of our rights or remedies in these Terms or law.

Use of our website outside South Africa

Customers who are not resident in South Africa are welcome to use our website in accordance with these terms to make online purchases provided that the delivery address is in South Africa. Please refer to point 2 below to see our online shopping Terms.

Privacy policy & Information Security

Your privacy is extremely important to us, therefore any information you upload on our website including any payment card information will be stored on a secure server. Our secure server encrypts your identity number and payment card details in order to minimise the risk of unauthorised disclosure or interception. Our website makes use of 'cookies' which collect data about the device that you use to access our website. The cookies minimise the possibility of unauthorised access to, and disclosure of, your personal information. We will not disclose, sell or rent your personal information to third parties without your consent unless we are compelled to do so by law. We may do so if you have granted consent thereto. Whilst all reasonable efforts are taken to ensure that your personal information and/or credit card details are protected as they travel over the internet, we cannot guarantee the absolute security of any information you exchange with us.

Accuracy of website content

All reasonable steps are taken to ensure that the information on our website is accurate and up-to-date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current.

Any comments uploaded by our users or any authorised experts invited as our guests are their opinions alone and do not in any way represent the views, opinions, beliefs or values of Brightwing Technologies (Pty) Ltd trading as Motorradical or Motorradical Online.

Intellectual Property

All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this website are owned by or licensed to us. All data and information communicated to or from the website including its database also belongs solely to us or our licensors. You agree to sign all documents as we may reasonably require in order for us to assign any rights that you may acquire in the content of our website. You agree also to waive any moral rights in such content. You are permitted to view, print or store electronically a copy of any information on our website, including these Terms, solely for your personal, lawful, non-commercial use. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.

Use of our logos, content and images

You are not permitted to use the content of our website, our logos or any product or other images that appear on our website without our prior written consent. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of our or our licensors' intellectual property rights.

Advertising and hyperlinks

External hyperlinks may appear on our website. The hyperlinks may not be construed to constitute any relationship between us and any linked third party or any endorsement by us of such third party, and use of or reliance on any external links provided is at your own risk. Advertising and other promotional material of third parties may appear on our website from time to time. We do not endorse such third parties or their products and/or services. Your reliance on any information contained in such material is entirely at your own risk.

Disclaimers and Exclusions of Liability

Use of our website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the website will be uninterrupted or error free, or that the website or the server that makes it available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our website or the purchase of any of our products or services. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website and/or your purchase of any products or services. Notwithstanding any other provisions contained herein, our liability arising from any breach of these terms, negligence or otherwise shall not at any time exceed more than double the monetary value of any order placed via this website.

ONLINE SHOPPING TERMS

These online shopping terms and conditions apply to all purchases ordered/processed online at www.motorradical.co.za . Please read our online shopping terms carefully and print a copy for future reference.

Registration and/or use of our online shopping website constitute your acceptance and agreement to be bound by the Terms of our website, including the additional online shopping terms below.

Online Registration

When you are ready to checkout your shopping cart you will be required to register online. To register you will be required to provide certain information including personal details, payment card details and your delivery address.

Product Sales and Availability

All products displayed on our website are subject to availability and will be delivered only within the Republic of South Africa. All prices shown on our website are quoted in South African Rands and are valid and effective only in the Republic of South Africa. We reserve the right to discontinue or change the specifications of our products and services from time to time without notice. We will inform you as soon as possible if any products or services ordered by you are not available.

Colours

We have made every effort to display as accurately as possible the colours of the products that appear on our website. However, as the actual colours you see will depend on the device that you use to access our website, we cannot warrant that your device's display of any colour will be accurate.

Content Errors

We regret that no order will be accepted if we identify a material error in the description of any of our goods or services or their prices on our website. Packaging may vary from that shown on our website.

Pricing Policy

You will be charged the prices as they are reflected on the Products in store and online at the point of sale, subject to availability. Prices include Value-Added Tax. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.

Methods of Payment

We will debit the total value of your online order against the payment card tendered by you during the checkout process. Payment will be effected on acceptance of your order and prior to delivery.

By submitting your order, Identity Number and payment card details you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.

Stock Availability

Brightwing Technologies (Pty) Ltd trading as Motorradical or Motorradical Online cannot always guarantee availability of stock. We will inform you as soon as possible if any products or services ordered by you are not available.

If we are unable to supply each and every item ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items correctly delivered. Brightwing Technologies (Pty) Ltd trading as Motorradical or Motorradical Online will refund you for any items we are unable to supply against the original payment card or via EFT (Electronic Funds Transfer) as specified on your proof of purchase.

Confirmation of Orders

Orders placed online constitute your offer to purchase subject to these Terms. Your offer is deemed to have been accepted by us when you receive our confirmation of your order. Failure by us to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.

Delivery

Brightwing Technologies (Pty) Ltd trading as Motorradical or Motorradical Online delivers from Monday to Friday; from 8 a.m. till 5 p.m. Brightwing Technologies (Pty) Ltd trading as Motorradical or Motorradical Online does not deliver on any South African public holidays. Deliveries are effected within 3 - 5 working days following the placement of your order on our site unless you have chosen to accept delivery at a later date. We only deliver to registered customers within certain specified delivery areas. On delivery of the order to the specified delivery address, you will receive our delivery note showing the items to be delivered, any non-available items, the delivery fees, Value-Added Tax and the amount debited from your payment card. For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf. Should no-one be in attendance at the time of delivery, the driver will keep the products and leave a notice at the delivery address to this effect. The driver will attempt to contact you to make new arrangements for delivery or collection. We reserve the right to charge an additional delivery fee should it be required in the circumstances. Our liability for failing to deliver the products timeously is limited to delivery being effected at a later agreed time at no additional charge. Please arrange that you or your authorised representative is available to accept your purchases at the delivery address and that appropriate access will be made available. On delivery, we will require you or your authorised representative to sign and print your or their name on a duplicate copy of the delivery note, to confirm receipt. We have outsourced all delivery and collection arrangements. Accordingly, we cannot, to the extent permitted by law, be liable for any damage suffered or loss incurred by reason of any acts or omissions of the deliverer, its directors, employees, sub-contractors, agents, representatives and/or affiliates.

Refunds and Returns Policy

If you are for any reason dissatisfied with an item purchased from our website you may return it to the Motorradical office for a full refund, replacement or exchange, provided you have the original tax invoice, and items are returned in a saleable condition in the original packaging within 10 (ten) working days of receipt of goods. Your refund will be given against the original payment card or via EFT (Electronic Funds Transfer) as specified on your proof of purchase Please note that items purchased on any of our Sales promotions cannot be returned for a refund or be exchanged.

Cancellation

If for any reason you would like to cancel an order this may be done by visiting www.motorradical.co.za. You will only be able to cancel orders up to midnight on the day prior to the date of delivery. We reserve the right to debit your payment card for the delivery fees in respect of any late cancellations. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach any of the Terms.

Risk and Ownership

Risk in the products shall pass to you or your authorized representative on delivery. We will retain ownership of the products until payment has been received in full.