Website Terms and Conditions

1. Introduction and Acceptance of Terms

1.1. The Company: These Terms and Conditions (“T&Cs”) govern the use of the website and services provided by Car Hub Durban (Registration Number: K2019515885, a car dealership based in Durban, South Africa.

1.2. Agreement: By accessing or using the Car Hub Durban website, or engaging in any vehicle transaction (including submitting a Rent to Own application), you agree to be bound by these T&Cs, our Privacy Policy, and our Returns and Refund Policy.

1.3. Governing Law: These T&Cs are governed by the laws of the Republic of South Africa, including, but not limited to, the Consumer Protection Act (CPA), 68 of 2008, and the National Credit Act (NCA), 34 of 2005.

2. Website Use and Content

2.1. Accuracy of Information: While Car Hub Durban strives for accuracy, the information on this website (including vehicle specifications, pricing, and availability) is subject to change without notice. Vehicle details are provided for informational purposes only.

2.2. Errors and Omissions: Car Hub Durban is not liable for any loss or damage arising from errors, omissions, or inaccuracies on this website. Should a vehicle price be incorrectly displayed, we reserve the right to refuse to sell the vehicle at the incorrect price.

2.3. Intellectual Property: All content on this site, including text, graphics, logos, images, and software, is the property of Car Hub Durban and is protected by South African and international copyright laws.

2.4. Prohibited Use: You may not use this website for any unlawful purpose, including posting or transmitting harmful, defamatory, or illegal material.

3. Vehicle Transactions and Legal Agreements

The website facilitates the initiation of transactions. The detailed, legally binding terms for all vehicle transactions are contained within separate written agreements:

3.1. Rent to Own Agreements (RTO):

Nature of Contract: This is a comprehensive fixed-term rental agreement with an option to purchase. It is not a credit agreement in the traditional sense, but is subject to certain provisions of the CPA.
Binding Terms: The RTO contract signed by the client explicitly details the full rental term, monthly payment amounts, insurance obligations, maintenance responsibilities, early termination clauses, and the final terms for the transfer of ownership. The terms of the signed RTO contract supersede any general information on this website.
Application: Submission of an application via the website constitutes a request for RTO services and consent for a credit and affordability assessment.

3.2. Cash Sale / Traditional Finance Agreements:

Sale of Goods: Sales completed through cash or traditional bank finance are governed by a Vehicle Purchase Agreement (VPA).
Warranty: Such sales carry the implied warranty of quality as per CPA Section 56 for six (6) months, unless specific defects were disclosed and accepted by the client in the VPA.

3.3. Auction Deals:

“Voetstoots” Sales: Vehicles sold through auction are typically sold “as-is” or “voetstoots”, without the CPA’s six-month implied warranty, provided the auction complies with all legal disclosure requirements.
Auction Rules: All auction purchases are strictly governed by the specific Rules of Auction made available to bidders prior to the event.

4. Limitation of Liability

4.1. Indirect Damages: Car Hub Durban, its directors, employees, and agents shall not be liable for any direct, indirect, special, consequential, or punitive damages arising from the use of this website or the purchase/rental of any vehicle, except where such liability is expressly mandated by the CPA.

4.2. Vehicle Use: Once a vehicle is delivered, the client assumes full responsibility for its operation, maintenance, and compliance with all traffic laws in South Africa.

5. Privacy and POPIA Compliance

5.1. Data Collection: By using the site and submitting any information, you agree to the collection and processing of your personal information as described in our Privacy Policy.

5.2. Affordability Checks: For Rent to Own applications, you expressly consent to Car Hub Durban requesting and obtaining your credit history and affordability data from registered credit bureaus in South Africa, in compliance with POPIA and the NCA.

6. General Provisions

6.1. Amendments: Car Hub Durban reserves the right to amend these T&Cs at any time. The updated T&Cs will be posted on the website and will take effect immediately upon posting.

6.2. Severability: If any part of these T&Cs is found to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining T&Cs.

6.3. Domicilium: Car Hub Durban chooses as its domicilium citandi et executandi (official address for all legal notices) its physical address in Durban: [Insert Physical Address in Durban, SA].

By proceeding with any application or transaction, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

Contact Information:

Telephone: +27 67 781 4335
Email: info@carhub-durban.co.za