The Mercedes-Benz Club of South Africa online shop can be accessed at www.mercedesbenzclubshop.co.za , related mobile sites and applications (“the site”). The site enables buyers to shop for items including clothes and accessories (“the products”) online and have them delivered door-to-door, to your nearest post office or via pick-up points within South Africa. All visitors to the site (“users” or “you”) will be able to see the products on offer, but only those who have registered for an account on Mercedes-Benz Club of South Africa (“account holders” or “you”) are able to buy.
Legally binding contract
All users and account holders, including those that buy from the site (“buyers”) are bound by these terms and conditions (“T&Cs”). By registering, or using the site at all, you recognise that you’ve read, accepted and agreed to be bound by these T&Cs. Should there be any clause in these T&Cs that you do not understand, the onus is on you to ask Mercedes-Benz Club of South Africa to please explain the relevant clause to you before you accept the T&Cs by using or buying from the site.
With whom are you entering into a contract?
The site is owned by Mercedes-Benz Club of South Africa. All amounts displayed include 14% value added tax.
Products and availability
Please note that the stock of all items on offer is limited. Mercedes-Benz Club of South Africa will make all reasonable attempts to ensure that offers are brought to an end when stock runs out. If it happens that Mercedes-Benz Club of South Africa is unable to fulfill any order at the advertised price because stock is sold out, Mercedes-Benz Club of South Africa will inform you via email and you’ll be entitled to a reimbursement for the Rand value you have paid for such product. This is described in more detail under Mercedes-Benz Club of South Africa’s Delivery and Returns section.
2. Buying products
• The site allows you, the user, to place electronic orders (“order”) for one or more products on offer as long as such products are available and not sold out.
• A purchasing contract (“sale”) between you and Mercedes-Benz Club of South Africa only comes into effect once you have fully completed AND submitted the online order form for one or more products in your shopping cart (“cart”) AND your payment has been authorised by Mercedes-Benz Club of South Africa (or has been received into Mercedes-Benz Club of South Africa’s bank account).
• The above is dependent on the product being available.
• Products on Mercedes-Benz Club of South Africa cannot be reserved to be bought at a later stage, and placing an item in your cart without completing the order does not amount to a “sale”.
• This means that Mercedes-Benz Club of South Africa may remove any product(s) from your cart before the sale actually takes place, in the event of the product going out of stock.
• Mercedes-Benz Club of South Africa cannot be held responsible if the product(s) you added to your cart have become unavailable when you try to complete the sale.
• A tax invoice will be emailed to the email address on your online shopping profile. A delivery note will be included with your order – please note that no prices are visible on the delivery note.
3. Cancelling and Ending Orders
• Mercedes-Benz Club of South Africa reserves the right to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you.
• Mercedes-Benz Club South Africa will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order. You have the right to return non-defective products purchased within 30-days of the order being delivered
• Mercedes-Benz Club of South Africa reserves the right, in the interest of preventing fraud, to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely.
• Mercedes-Benz Club of South Africa may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided in a timely manner.
• In the event of a fraudulent purchase being placed on Mercedes-Benz Club of South Africa, cardholders will be advised to initiate a chargeback via their bank in order to be refunded. Mercedes-Benz Club of South Africa does not process refunds for orders suspected of fraud.
• Mercedes-Benz Club of South Africa does not provide order details relating to orders suspected of fraud.
5. Product Pricing
The price of each product is given on the product information page (“the product page”) on the site.
The Regular Retail Price
• The Regular Retail Price (“RRP”) is the standard price inclusive of 14% VAT that Mercedes-Benz Club of South Africa charges for the product.
• When a product is not on sale, on special, or included in a discount promotion, the RRP is the price you will pay when you purchase the product (“purchase price”).
• Please note that RRPs can change over the course of several seasons over which the product may be sold. The RRPs applicable at the time the product is introduced may differ from the RRP at the time of your purchase.
The Discount Price
• When Mercedes-Benz Club of South Africa is having a sale, or is running a discount centric promotion on specific products on the site – the discount price is shown on the product’s product page, as well as the Regular Retail Price (“RRP”). The discount price will be shown in red and the RRP will be shown alongside it – but will be crossed out.
• When a discount price is shown on the product page, the discount price is the price you will pay when you add the product to your cart at the discounted price, and conclude the sale at the discounted price i.e. the purchase price.
• Every reasonable effort will be made to ensure that the RRP and, if applicable, the Discount Price of all products on Mercedes-Benz Club of South Africa are correct at the time of your purchase. If, however, the product is offered at an erroneous price, Mercedes-Benz Club of South Africa will not be obliged to supply the said product at the incorrect price.
• Mercedes-Benz Club of South Africa will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct price.
6. Delivery Fees
• Door-to-door deliveries are sent via Fastways Couiers to the relevant delivery address. You will receive an email from Mercedes-Benz Club of South Africa with the tracking number required in order to track your parcel.
• Please check the delivery options in checkout once you have entered your address to see if you are eligible for door-to-door. A non-refundable R200 delivery fee is applied for door-to-door deliveries outside of main centres.
• Mercedes-Benz Club of South Africa does not delivery to PO Box addresses.
• Every reasonable effort is taken to ensure that the delivery costs displayed on the site are correct at the time of your purchase. However, if a delivery fee is incorrectly displayed, Mercedes-Benz Club of South Africa will not be obliged to deliver products at an incorrect delivery fee. Mercedes-Benz Club of South Africa will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct delivery fee.
• A variable fee structure with a minimum of R75.00 will be applied to all deliveries
7. Making Payment
You can pay on Mercedes-Benz Club of South Africa using your Visa or MasterCard credit card.
Paying by credit card
• Mercedes-Benz Club of South Africa accepts payments made by Visa and MasterCard Credit Cards that are activated for online purchases.
• When you place an order, the transaction details are presented to the bank via the 3D Secure process for authorisation of the payment amount.
• If authorisation is not obtained, the order is cancelled. If authorisation is obtained, payment is usually immediate. You guarantee that you are fully authorised to use the credit card for payment of your order and that there are sufficient funds in this credit card account to cover the costs of any transactions you complete on Mercedes-Benz Club of South Africa
• Mercedes-Benz Club of South Africa will start processing your order as soon as your bank forwards the payment to Mercedes-Benz Club of South Africa. Depending on the bank, it can take up to 3 days to reflect.
• As buyer, you indicate where in South Africa you require delivery, as well as contact numbers to be used in connection with delivery.
• In the case of door-to-door delivery, your parcel will be delivered to the address you specified in the checkout process.
• On inputting your address during checkout, the site will indicate to you whether your postal code qualifies for door-to-door delivery.
• In the case of door-to-door delivery, if nobody is present at the address at the time of delivery, our courier will on the second attempt of delivery leave a note (in the letterbox if a residential address) to indicate that there was an attempted delivery.
• The courier will try once more (third attempt), and if at that time there is still no one to sign for the parcel, the parcel will be returned to our warehouse and a return will be processed for the goods. You will be contacted in order to confirm that the product will be refunded
• Should a delivery fee have been charged on the order, this will not be reimbursed, given that the courier has attempted delivery on numerous occasions.
• Should the incorrect delivery information be supplied to Mercedes-Benz Club of South Africa, Mercedes-Benz Club of South Africa shall not be liable to refund or replace the ordered goods
• As outlined above, all Mercedes-Benz Club of South Africa standard deliveries take place during business hours i.e. there are no deliveries over weekends or on public holidays. Please take this into consideration when selecting your delivery address.
A door-to-door delivery is considered complete as soon as the parcel is accepted and signed for either by the customer or by an individual on the customer’s behalf at the specified delivery address
• In the event that a parcel is declared missing, should stock be available a replacement order will be sent to the customer via the intended original delivery method
• If stock is not available, the order (at Rand value paid) plus any relevant delivery fee will be refunded.
Mercedes-Benz Club of South Africa will contact the customer in both cases to advise possible delays and/or confirmation of refund.
9. Defective items, returns and reimbursements
• If you are dissatisfied with your purchase due to a defect, incorrect product choice or other reason, you may return it to our warehouse within 30 days of delivery, by the same delivery method which the parcel was received. We will review the request for return and depending on the circumstance will either provide you with a refund on your purchase, or have the product repaired or replaced.
• In the case of a damaged or incorrect item having been delivered, we will evaluate each case and issue a refund upon proof of the damaged/incorrect item.
10. Sales Records
Complete records of each transaction between you and Mercedes-Benz Club of South Africa are kept on the site for 12 months after a particular purchase or related transaction. During this time, you’ll be able to view and print out these records. After the 12-month period the responsibility of keeping such record falls onto you.
11. Gift Vouchers
Electronic gift vouchers can be purchased. Mercedes-Benz Club of South Africa gift vouchers can only be redeemed while they are valid. Their expiry dates cannot be extended.
Vouchers cannot be:
• used to purchase other Gift Vouchers;
• used towards purchases at any affiliate websites or
• exchanged for cash
General Terms of Gift Vouchers
• Gift voucher values are pre-determined
• You may use only 1 gift voucher per transaction
• If a gift voucher is used to purchase a cart that is of lower value than the voucher, the residual amount will be tied to the voucher code.
• You can check the balance of a gift voucher within your user account section
• If you have a gift voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher. We assume no liability for the loss, theft or illegibility of gift vouchers
• You may purchase gift vouchers for use on the Site by yourself or as a gift. These gift vouchers will be sent to you or your chosen recipient via email.
• Gift vouchers cannot be used to buy further gift vouchers.
• The credit of a gift voucher does not accrue interest nor does it have a cash value.
• Gift vouchers are not refundable for cash once purchased.
• If the credit of a gift voucher is insufficient for the Order you wish to make, you may make up the difference through using your Credit Card
• Anyone downloading or trying to download malware or damaging coding on this site, or who tries to gain unauthorised access to any page on this site, will be prosecuted.
• Mercedes-Benz Club of South Africa will claim civil damages from such person if Mercedes-Benz Club of South Africa suffers any damage or loss.
• You agree and guarantee that the username and password you use to log in is for your personal use only, and will not be passed on to any third party
• You allow Mercedes-Benz Club of South Africa to take all steps reasonably possible to ensure the integrity and security of the site and in the administrative office.
• All credit card transactions on the site are protected by SSL (Secure Socket Layer) encryption and reinforced by various encryption processes with the aim of offering the most effective possible protection of any sensitive information. Mercedes-Benz Club of South Africa has no access to any confidential information regarding your payment method.
• Only Mercedes-Benz Club of South Africa’s banking partner will access confidential information (Such as your credit card number, expiry date, CVV etc.) from time to time.
• Mercedes-Benz Club of South Africa is responsible for adhering to the Consumer Protection Act 68 of 2008 (“CPA”) with the sale of any products from the site. Similarly, Mercedes-Benz Club of South Africa is responsible for adhering to articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security
• However, neither Mercedes-Benz Club of South Africa nor any of its representatives will be held responsible for any loss or accountability of any kind that arises from the use of (or inability to use) this site, its services or content.
• Furthermore, Mercedes-Benz Club of South Africa provides no guarantee, implied or otherwise, that the content or technology attached to this website is free or errors or omissions. Nor is there any guarantee whatsoever that service will be 100% uninterrupted or faultless.
• We encourage you to report any possible malfunctions and errors by emailing email@example.com.
• Although the products on the site may be under guarantee, the site itself is offered on an “as it is” basis and is not set up or delivered according to your individual specifications.
• It is your responsibility, before accepting these T&Cs, to determine whether the service available through this website satisfies your individual needs and is compatible with your hardware or software. Information, ideas and opinions expressed on this web site should not be regarded as professional advice, or as Mercedes-Benz Club of South Africa’s official stance.
• We encourage you to obtain professional advice before taking any action on the strength of information, ideas or opinions expressed on this site.
14. Applicable Laws
• This site is offered, controlled and run from the Republic of South Africa. As Such it is governed by South African legislation, and subject to the disputes clause in these T&Cs.
• You and Mercedes-Benz Club of South Africa are subject to the non-exclusive jurisdiction of the South African courts. Each and every section of these terms and conditions must be read as individual and separable from the rest of the terms and conditions.
• Should any court or qualified authority find that any of the terms are invalid or unenforceable, the remainder of the terms and conditions will remain standing, despite invalidity or unenforceability of an individual term.
16. Changes to Terms and Conditions
Mercedes-Benz Club of South Africa may, at its own discretion, change these terms and conditions or any part thereof. As indicated in the T&Cs, it is the responsibility of the registered account holder or user to familiarise yourself with the T&Cs before using the site. By registering, or using the site at all, you recognise that you’ve read, accepted and agreed to be bound by these T&Cs.
Barring urgent or interim legal help that may be granted by a court of law: In the event of any disputes of any kind between you and Mercedes-Benz Club of South Africa, arising out of any situation catered for in these terms or conditions (or that arises out of these terms and conditions) and that cannot be resolved by the client service centre, the dispute may be presented for confidential arbitration
Such arbitration will be handled according to the rules stipulated by the Arbitration Foundation of South Africa.
Legal notice address:
Mercedes-Benz Club of South Africa elects as address for all purposes regarding these terms and conditions, whether for legal notices or serving of other communication documents of any kind, the following address:
Mercedes-Benz Club of South Africa
P O Box 999
18. Terms and Discontinuation
• These terms and conditions take effect on the date of first publication of the website and continue indeterminately. They may be revised by Mercedes-Benz Club of South Africa from time to time (as described above), for as long as the website continues to exist and be operated. Mercedes-Benz Club of South Africa is entitled to terminate these terms and conditions or close down the website at any time, subject to processing any pending purchases
• If you don’t meet your obligations regarding these terms and conditions, including any incidents about payment and price or an order, and you neglect to rectify such non-adherence within 5 working days after Mercedes-Benz Club of South Africa has instructed you to do so, your access to the service will be blocked.
• We have the right to close your account and deny you access to the site, depending on the severity of your actions. Such action on the part of Mercedes-Benz Club of South Africa will not have any negative effect on any damages Mercedes-Benz Club of South Africa may claim.
19. Copyright and other intellectual property
Any and all copyright relating to the website, including these terms and conditions, is held by Mercedes-Benz Club of South Africa. All rights not expressly given are reserved. You may download, view and print content from this site only for private and non-commercial ends. To obtain permission for commercial use of any content from this site, please send an email firstname.lastname@example.org. Mercedes-Benz Club of South Africa is unable to edit or screen all content on the site, and will not be held accountable for illegal, libellous or obscene content. We advise you to inform Mercedes-Benz Club of South Africa of any offensive or illegal material. All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of or under licence of Mercedes-Benz Club of South Africa. As Such they are protected by local and international legislation and agreements
20. Electronic Communication
When you opt into marketing communication, register an account, conclude a purchase, visit the site or send an email to email@example.com, you agree to get electronic communication from Mercedes-Benz Club of South Africa.
21. Links Framing, Spiders and Crawlers
No person, business or website may be linked to any page on this site without prior written permission from Mercedes-Benz Club of South Africa. Such permission can be obtained by sending an email to firstname.lastname@example.org.
Links to non-Mercedes-Benz Club of South Africa sites given on this website are provided “voetstoots” and Mercedes-Benz Club of South Africa does not necessarily agree with the content of such sites, which Mercedes-Benz Club of South Africa is unable to edit or underwrite.
No person, business or website may use any technology to glean information from this site without prior written permission from Mercedes-Benz Club of South Africa. Such permission can be obtained by sending an email to email@example.com.
Mercedes-Benz Club of South Africa Information
The Electronic Communication and Transactions Act determines that when goods or services are provided via certain electronic transactions, the seller must make certain information public on the site where the goods or services are offered.
Mercedes-Benz Club of South Africa information is as follows:
Mercedes-Benz Club of South Africa Trading as Mercedes-Benz Club of South Africa
Legal notice address:
P O Box 999