Returns and Refund Policy

This policy governs the return and refund procedures for vehicles acquired from Car Hub Durban through a Cash Sale, a Rent to Own Agreement, or an Auction. This policy is subject to the provisions of the Consumer Protection Act (CPA), No. 68 of 2008.

OUR BANKING DETAILS

BANK: BIDVEST BANK ALLIANCE
ACCOUNT NUMBER: 78605469951
ACCOUNT NAME: Car Hub Pty Ltd
BRANCH CODE: 683000

SECTION 1: Policy on Cash Sales

For vehicles purchased outright with cash or traditional bank finance.

1.1 Implied Warranty of Quality (CPA Section 56)

Right to Return: As per the CPA, all vehicles sold by Car Hub Durban are subject to an implied warranty of quality for a period of six (6) months from the date of delivery.
Conditions for Return: A return is applicable only if the vehicle is found to be:
- Not reasonably suitable for the purpose for which it was generally intended.
- Of poor quality, not in good working order, or contains defects that were not disclosed.
Consumer Choice of Remedy: If a proven defect exists within the six-month period, the client has the right to choose, at their sole discretion, one of the following remedies:
- Repair: Have the vehicle repaired.
- Replacement: Have the vehicle replaced (subject to stock availability).
- Refund: Receive a refund of the purchase price.
Exclusions: This warranty does not apply if:
- The client was expressly informed of the specific condition or defect and accepted the vehicle in that state (this will be documented in the Sale Agreement).
- The defect is a result of misuse, abuse, negligence, accidental damage, or unauthorized alterations by the client.
- The return is based purely on a “change of mind” by the client.

1.2 “Cooling-Off” Period (Direct Marketing)

Applicability: If the purchase resulted directly from direct marketing (e.g., an uninvited offer via email, SMS, or telephone) that the client did not request, the client has a five (5) business day cooling-off period from the date of delivery to cancel the transaction.
Refund: Upon cancellation, the client is entitled to a full refund, subject to the supplier’s right to impose a reasonable charge for:
- The use of the vehicle during the five-day period (e.g., a mileage rate).
- Any necessary costs to restore the vehicle to a marketable condition.

SECTION 2: Policy on Rent to Own Agreements

The Rent to Own agreement is a rental contract with an option to purchase, and therefore the terms of return are primarily governed by the contract itself and the principles of the CPA related to leased goods and fixed-term agreements.

2.1 Early Termination (Client Choice)

Contractual Right: Clients have the right to terminate the Rent to Own agreement early, subject to the terms and conditions outlined in their specific contract.
Termination Fees: Early termination may incur a reasonable cancellation penalty as allowed by the National Credit Act and the CPA. This penalty is typically calculated to cover losses incurred by Car Hub Durban due to the early termination, and will be specified in the agreement.
Vehicle Return: Upon termination, the vehicle must be returned to Car Hub Durban in the condition specified in the contract (fair wear and tear accepted). The client is liable for any damage beyond fair wear and tear.
Refunds on Rental Payments: Rental payments made up to the date of termination are considered payment for the use of the vehicle and are generally not refundable.

2.2 Quality and Defects

Six-Month Warranty: Vehicles supplied under a Rent to Own agreement are also protected by the CPA’s six-month implied warranty against material defects.
Remedy: If a material defect is discovered within six months, Car Hub Durban will, at the client’s election, repair or replace the vehicle in accordance with CPA regulations.

SECTION 3: Policy on Auction Deals

3.1 Basis of Sale

“Voetstoots” Principle: Vehicles sold on auction are typically sold “voetstoots” (as-is/without warranty). This is permitted under the CPA, provided the vehicle’s condition is fully disclosed and the sale is conducted clearly as an auction.
Exclusion of CPA Warranty: The six-month implied warranty of quality (CPA Section 56) generally does not apply to goods bought at a genuinely advertised and legally compliant auction.
Returns: Returns are generally not accepted for vehicles purchased at auction, unless:
- The vehicle was materially and fraudulently misrepresented by Car Hub Durban prior to the auction.
- The required auction rules and disclosure requirements were not met.

3.2 Auction Deposit/Holding Fee

Non-Refundable: Any holding deposit or fee paid to secure a vehicle won at auction is generally non-refundable if the client fails to complete the purchase, as this fee covers administrative costs and lost opportunity for the seller.

SECTION 4: General Refund Process

Notification: The client must notify Car Hub Durban’s Sales Department immediately (within the relevant time frame) upon discovering an issue or deciding to return a vehicle.
Inspection: An appointment will be made for the client to return the vehicle to the Car Hub Durban premises in Durban for a comprehensive technical inspection to confirm the reported issue and assess the vehicle’s condition.
Determination: Based on the inspection and the relevant terms of sale (Section 1, 2, or 3), Car Hub Durban will determine the appropriate remedy (Repair, Replacement, or Refund).
Refund Payment: Approved refunds will be processed within ten (10) business days of the final determination. Refunds will be paid in cash or via electronic funds transfer (EFT) directly to the client or the financing institution (e.g., bank/Rent to Own provider), as appropriate.

5. Contact Information

For all questions regarding returns, refunds, or cancellations, please contact:

Car Hub Durban – Sales & Compliance Telephone: +27 67 781 4335
Email: Info@carhub-durban.co.za
Address: 311 Solomon Mahlangu Dr, Bayhead, Durban, 4072 Durban, South Africa