Terms and Conditions

The Motorcycle Graveyard                                                          The Motorcycle Graveyard

30 Boswerker Street                                                                   Crn of Ring Road and Rand Street

Knysna Industrial                                                                       George Industrial

Knysna                                                                                       George

Knysna Branch                                                                            George Branch                                                                                 

Bruce                    Tel: 082 874 6943                                          Mariette              Tel: 081 427 4616

Clive                      Tel: 072 303 1608

Bianca                   Tel: 061 463 1135

Deon                     Tel: 067 969 7820

E-mail:                  knysna@cmgraveyard.co.za

E-mail:                  george@cmgraveyard.co.za

Vat No:                 4390271296

1. Applicability vis-a-vis companies and definition of terms.

(1) The following general terms and conditions apply to all transactions between us and a consumer in the version that is valid when the order is placed.

(2) ‘Consumer and entrepreneur’ in the sense of these terms and conditions is any natural person who enters a legal transaction for a purpose that is attributable to neither his commercial nor independent professional activities.

(3) The following provisions concerning the conclusion of the contract apply to orders through our internet shop https://www.mcgraveyard.co.za

2. If a contract is concluded that contract is concluded with:

The Motorcycle Graveyard                                                          The Motorcycle Graveyard

30 Boswerker Street                                                                   Cnr Of Ring and Rand Street

Knysna Industrial                                                                       George Industrial

Knysna                                                                                       George

Registration number:

Registry court Knysna

3. Conclusion of contract.

3.1. The presentation of merchandise in our internet shop does not represent any legally binding contractual offer on our part but is instead a non-binding invitation to the consumer to order goods.  This site is subject to errors and mistakes, particularly regarding availability of products. Sales only take place as long as supplies last. Only if you order from our online shop will you receive an order confirmation by email. However, this does not constitute our acceptance of your order, but only informs you that we have received your order. Only after confirmation of availability from MSP does a sales contract come about.

3.2. The order confirmation that the consumer or entrepreneur receives by email after successfully placing an order via the TMG Online shop is an automatically generated proof of issue of an offer.

3.3. Offer acceptance follows upon successful shipment confirmation or written acceptance of the order statement by TMG.

3.4. TMG does not offer products for sale to minors. All the products we offer can only be ordered by customers of legal age or with the consent of their legal representative.

4. Delivery.

4.1. Upon orders via the TMG online shop you will receive an order confirmation by email.

4.2 Each order will be considered a single order; bulk orders are not possible. TMG only sends those parts together that are from a single order.

4.3. TMG ships only by post to your home address. Deliveries to PO boxes or post offices are not possible.

4.4. TMG applies the following dispatch times for the various manufacturers:

– Honda: approx. 5-7 working days

– Husqvarna: approx. 8-10 working days

– Kawasaki: approx. 2-3 working days

– KTM: approx. 8-10 working days

– Suzuki: approx. 2-5 working days

– Vespa: approx. 5-6 working days

– Yamaha: approx. 8-10 working days

When ordered parts go in to backorder the delivery time can be 2-3 weeks from the date of order.

4.5. For articles listed as backorder that exceed a delivery term of 30 days, the consumer may    withdraw from the contract.

 4.6. In case of contract withdrawal as per 4.5, TMG will refund the consumer’s overpayment, at the latest within 14 days.

4.7. TMG will inform the consumer by email of any delays.

4.8. If an article is no longer available, TMG will strive to offer a replacement article of the same quality and characteristics (Encryption of parts numbers). If this is not possible, TMG will refund the purchase price of the relevant article.

4.9. The risk of damage to the goods to be delivered or their loss remains with TMG until the consumer receives the package.

4.10. Should the consumer receive a damaged package he should refuse it; otherwise TMG assumes no liability for defective contents.

4.11. Damaged or defective items must be reported to TMG within 24 hours of delivery with the help of the completed RMA (Return Material Authorization) Return / Exchange form. The standard processing time for complaints is 24-48 business hours. In case of a legitimate complaint, TMG will send you the documents required for returning goods by email. RMA documents are to be enclosed with the return; otherwise, processing is not possible.

4.12. Unless expressly agreed otherwise, we determine the appropriate manner of shipping and the forwarder according to our reasonable discretion.

5. Backorder policy.

5.1. All orders in TMG will only be shipped complete, irrespective of whether they contain backorder articles. If an article is not in stock at the supplier, it is placed in backorder; the customer can check the expected arrival date in My TMG.

5.2.TMG cannot guarantee the expected delivery times of suppliers. The stated delivery dates are not legally binding.

6. Forms of payment.

6.1 Orders via the TMG online shop can basically be paid by:

– Credit card (MasterCard, Visa)

– Credit and debit cards

– PayFast

6.2. Not all payment options are available for all countries.

7. Price labelling (VAT).

7.1. The prices listed on The Motorcycle Graveyard are available in Rand (ZAR) prices (including or excluding the applicable VAT 15% depending on the country of destination).

7.2. All prices do not include any applicable shipping costs. The legal VAT and shipping costs are shown separately on the invoice.

7.3 Occasionally there are errors/and or price changes/increases in the price files that are provided to us by third parties/suppliers that we use to create our individual parts listings. In any case where the published price contains an error/price change or increase we will offer the client the option to proceed with the purchase at the correct rate or alternatively refund the client for the full amount of the order placed.

7.5. Deliveries outside South Africa will be at the client’s cost

8. Shipping.

8.1. We apply different prices for shipping you can find the price for your country on the page Shipping & Delivery you will find the applicable shipping rate for your country.

8.2. If it is discovered after order placement that a shipment exceeds the maximal permissible package size of 360 cm (1x longest side + 2x medium side length + 2x shortest side length), TMG reserves the right to invoice the customer for the additional shipping costs. Payment will be made with the accepted payment methods. The customer will receive a payment request via e-mail.

9 Withdrawal information.

9.1. Right of withdrawal:

9.1.1 You may withdraw from your contract within 14 days without cause using the RMA form, or – if you receive the article before termination of the deadline – by returning the article. The time limit begins after receipt of said notice in written form, but not before receipt of the goods by the recipient and not before the fulfilment of our obligation to provide information, in any case not before the sales contract has become binding with your acceptance of the purchased article. The timely sending of the withdrawal notices or the article suffices for the application of the withdrawal period.

The contract withdrawal or the return of goods for customers is to be sent to our physical address in South Africa:

The Motorcycle Graveyard                                                          The Motorcycle Graveyard

30 Boswerker Street                                                                   Unit 1 Crn Of Ring and Rand Street

Knysna Industrial                                                                       George Industrial

Knysna                                                                                       George

All other customers may return articles to:

The Motorcycle Graveyard

C/O Ring and Rand Street

George Industrial

George

9.1.2. If you wish to make use of your right to withdraw, this is done using the RMA (Return Material Authorization) form. You can find this form on the Return/Exchange Policy page.

9.1.3. Exceptions to the right of withdrawal are all electrical and electronic replacement parts such as, for example, engine control units, ignition boxes, alternators, regulators, starters, light bulbs, etc. Electronic attachments can only be returned in closed original packaging. Already mounted original spare parts are generally excluded from return.

9.1.4. Yes. The costs for the return shipment needs to be paid by the customer. If an error has been made by TMG, then the shipping costs of the return will be covered by TMG.

9.1.5. After receipt of the returned goods by TMG according to the RMA form and the return policy, you will be credited for the value of the goods immediately, in any case at the latest within 14 days.

9.1.6. Repayment will be affected via the online payment method chosen by the consumer upon order placement.

9.1.7. Returns must be in undamaged original packaging (free of damage and markings). The original packaging must not be used as shipping packaging. In case of infringements, 25% storage costs will be charged.

9.1.8. The consumer is liable for returns damaged due to poor packaging.

10 Choice of law.

This contract is subject to South African law.

11 Warranty.

11.1. Your order is subject to the statutory provisions; thereafter you are authorised as buyer to demand correction of damage or delivery of undamaged goods as secondary fulfilment that is free of charge to you for goods that were damaged when you received them, this is to say that the goods will be corrected without problems or completely replaced. If unreasonable costs would occur in association with the secondary fulfilment variant that you choose, we are authorised to refuse this and choose a different variant, if this is not also associated with unreasonably high costs. According to law, the warranty period is two years from your receipt of the goods as our customer.

11.2. Defects or damage that can be traced back to wrongful or inexpert handling or incorrect installation or use of unsuitable accessories or changes in the original parts by the customer or a third party contracted by him are excluded from warranty.

11.3. Normal wear and tear are also excluded from the warranty.

11.4. The customer must immediately inspect the goods or service for possible damage or defects. If a defect, an incorrect delivery or a quantity error is demonstrated on inspection, the customer must immediately send a relevant and complete written report to TMG using the RMA (Return Material Authorization) form on the Warranty Returns page.

11.5. If the customer fails to make this report, the goods or service are considered to have been approved, unless what is concerned is a defect that was not recognisable on inspection or if such a significant deviation of the delivered goods/service or the delivery quantity of the order exists that TMG must consider the approval of the customer as being ruled out.

11.6. Should such a defect be noted later, the customer must send a written report immediately after the discovery, as otherwise the goods are considered to have been approved even with said defect.

11.7. The warranty period for new goods is 1 years. This period begins with delivery of the goods or readiness of the goods to be picked up.

11.8. For the rest, the warranty applies in the context of statutory requirements.

11.9. We only accept liability for loss other than through damage to life, limb and health if this is based upon intentional or grossly negligent action or imputable violation of a significant contractual obligation by us or our agents. Any more extensive liability for damages is ruled out. The provisions of product liability law remain uncompromised.

11.10. If a significant contractual obligation is negligently infringed upon, our liability is limited to the foreseeable contractually typical average loss.

12 Liability for damages.

12.1 Our liability for negligence (except gross negligence) is limited in case of delay in delivery to an amount of 10% of the relevant purchase price (including VAT).

12.2 We are not liable (on any legal grounds) for loss that would typically not have been expected in view of the nature of the current order and the goods under normal use. Also excluded is our liability for loss due to data loss, if its recovery is not possible or is difficult due to absent or insufficient data backup. The above liability limitations do not apply in cases of intent or gross negligence.

12.3 The limitations of this § 10 do not apply to our liability for guaranteed characteristics in the sense of §444 of the Civil Code, due to injury to life, limb or health or according to product liability law.

13 Privacy policy.

13.1 How we use your information

We use your information in several different ways — what we do depends on the information. The tables below set this out in detail, showing what we do, and why we do it.

Your name and contact details

You do not have to give us any of this personal information but if you don’t, you may not be able to purchase from our website, and you are unlikely to receive our optimal overall customer experience.  But that is your choice – and we respect that.

We also anonymise and aggregate personal information (so that it does not identify you) and use it for purposes including testing our IT systems, research, data analysis, improving our website and developing new products and services.

Sharing your information

We do not, and will not, sell ANY of your personal data to ANY third party – including your name, address, email address or credit card information. We want to earn and maintain your trust, and we believe this is essential in order do that.

Marketing messages

If you have said we can, we will send you marketing messages by email and/or text, to make you aware of what we are up to and to help you see and find our products.

How to stop marketing messages from mcgraveyard.o.za

You can stop receiving marketing messages from us at any time.

You can do this:

• Through your account settings
• By clicking on the ‘unsubscribe’ link in any email
• By contacting our Customer Care team

Once you do this, we will update your profile to ensure that you do not receive further marketing messages.

14. SWAP (Exchange)

If you have purchased the incorrect size and want to exchange for a different size, you need to follow the instructions for returns above.

The customer will be responsible for all fees related to courier of products back and forth to Bike Kings Online.

Please note: your right to exchange or return products is separate from your statutory right to cancel your order under the distance selling regulations (see below).

Please note that the cost of couriering the product back to our Webstore shall be incurred by the purchaser.

Your rights

You have a lot of rights relating to your personal information:

• The right to be informed about how your personal information is being used
• The right to access the personal information we hold about you
• The right to request the correction of inaccurate personal information we hold about you (although you can probably do most of this through your TMG My Account
• The right to request that we delete your data, or stop processing it or collecting it, in some circumstances
• The right to stop direct marketing messages, which you can do through TMG My Account, and to withdraw consent for other consent-based processing at any time
• The right to request that we transfer or port elements of your data either to you or another service provider
• The right to complain to your data protection regulator – The ZA, The Information Commissioner’s Office
• The right to complain to your data protection regulator – All other countries,

If you want to exercise your rights, have a complaint, or just have questions, please contact us.

• knysna@mcgraveyard.co.za
• George@mcgraveyard.co.za
• Operationalmanager@mcgraveyard.co.za

Changes to how we Protect Your Privacy

We may change this page from time to time, to reflect how we are processing your data.

If we make significant changes, we will make that clear on our site or by some other means of contact such as email, so that you are able to review the changes before you continue to use our service.

15. Web tracking

On this website information about the surfing behaviour of website visitors is collected anonymously and stored for marketing purposes. These data are stored using so-called ‘cookie’ text files on your computer and allow us to analyse surfing behaviour in an anonymous way. For example, from which city a website visitor comes, what type of browser and operating system he uses, and which pages he has visited on the website. In no case may the data thus collected be used to personally identify the visitors to this website. The collected data are only used to increase what we offer. For this reason, all IP addresses are abbreviated, so that IP addresses are only processed in anonymous form. No other use or disclosure to third parties takes place.

16. Third Party Providers

In general, third-party providers used by Bike Kings, 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. 

Click the link provided, to view the privacy policy of our payment gateway service provider (https://www.payfast.co.za/c/std/privacy-policy).

 Please note that all payments made through Payfast will be named as such on your bank/credit card statement.