Terms of service

Terms of Service

Nothing in these Terms limits or waives any right a customer may have under the Consumer Protection Act 68 of 2008 ("CPA"), the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), the Protection of Personal Information Act 4 of 2013 ("POPIA"), or any other applicable law. Where these Terms conflict with a non-waivable statutory right, the law prevails.

1. Introduction

Welcome to Modern Auto Parts. These Terms of Service ("Terms") govern your access to and use of our website (www.modernautoparts.co.za) and the purchase of products from us.

References in these Terms to "the website" include any subdomain, related domain, microsite, B2B portal, mobile application, product feed, or other digital channel we operate or control, except where the context clearly indicates otherwise.

By using this website, browsing our products, submitting an enquiry, creating an account, placing an order, or otherwise interacting with us, you agree to these Terms, our Refund & Returns Policy, our Guarantee Policy, our Privacy Policy, and our Website Disclaimer / Errors & Omissions, where applicable.

If you do not agree to these Terms, you should not use the website or place an order through it.

2. Supplier Details

Trading name: Modern Auto Parts

Physical address: 135 Voortrekker Road, Salt River, Cape Town, 7925, South Africa

Email: support@modernautoparts.co.za
Phone: 021 448 9982
Website: www.modernautoparts.co.za

3. Changes to These Terms

We may update these Terms from time to time by publishing the revised version on this page. The updated Terms apply from the date of publication, unless a later effective date is stated.

The Terms in force at the time we accept your order will apply to that order. Continued use of the website after updated Terms are published constitutes acceptance of the updated Terms for future website use and future transactions.

4. Product Information, Fitment Guidance & Website Content

We take reasonable care to present product descriptions, images, compatibility information, fitment guidance, OE/reference numbers, prices, stock indicators, kit contents, specifications, and other website content as accurately as possible. However, website content may occasionally contain errors, omissions, outdated information, supplier/manufacturer changes, supersessions, or listing mistakes.

Product images are for illustrative purposes and may differ from the actual product, packaging, branding, colour, finish, label, or accessory supplied. Packaging and branding may also change without notice due to supplier or manufacturer updates.

Compatibility, measurements, OE/reference numbers, VIN/reg checks, fitment guidance, and vehicle application information are provided as a guide only and should be verified before installation. Automotive parts may vary by model, year, engine, trim, production date, market, prior modification, and supplier supersession.

If you need help confirming compatibility, please contact us before installation, test-fitting, modification, or use. You are responsible for ensuring that the part is suitable before fitting it, unless applicable law provides otherwise.

Nothing in this section limits any right you may have under applicable law if goods supplied are incorrectly supplied, defective, unsafe, not reasonably suitable for a disclosed purpose in circumstances recognised by law, or otherwise subject to a non-waivable statutory remedy.

5. Orders, Acceptance & Availability

Placing an order on our website constitutes an offer to purchase. An order is only accepted when we expressly accept it, dispatch the goods, or otherwise confirm acceptance.

We may decline or cancel an order before acceptance for a lawful reason, including stock unavailability, suspected fraud, payment failure, obvious pricing or listing error, incorrect product information, courier limitations, inability to verify order details, or where fulfilment is not reasonably possible.

If an item is unavailable, discontinued, delayed, or superseded, we may contact you to offer a direct replacement or suitable alternative. We will not substitute a materially different brand, specification, or product type without your agreement.

If we cannot fulfil the order, or if you decline an alternative offered, we will cancel the affected item and refund any payment received for that item in accordance with applicable law and our Refund & Returns Policy.

We reserve the right to limit quantities, refuse bulk orders, or decline orders that appear to be placed for resale, data-gathering, fraud, abuse, or any other unlawful or prohibited purpose, where permitted by law.

6. Pricing, Payment & Checkout

All prices are listed in South African Rand (ZAR) and include VAT unless clearly stated otherwise. Delivery charges and any other applicable fees are displayed at checkout before you place your order.

Although we take reasonable care to keep prices accurate, obvious pricing errors may occur. Where a price is clearly incorrect and we have not yet accepted the order, we may cancel the affected order or item and refund any payment received for it.

We may offer payment methods and instalment options through secure third-party providers displayed on the website or at checkout. Availability of specific payment methods may change from time to time.

By submitting payment, you confirm that you are authorised to use the selected payment method and you agree to any applicable third-party terms relating to that payment method.

Before you place a final order, the website should provide an opportunity to review the order, correct errors, and withdraw before submitting the transaction.

7. Delivery, Collection, Title & Risk

Delivery times and dispatch estimates are provided in good faith but are estimates unless a specific delivery period is expressly agreed in writing. Delays can occur due to courier issues, stock transfers, high order volumes, supplier delays, public holidays, weather events, strikes, load shedding, systems issues, incorrect delivery information, failed delivery attempts, or other causes beyond our reasonable control.

Title to goods passes once full payment has been received. Risk in the goods passes in accordance with applicable law.

If goods are unavailable, materially delayed beyond any applicable legal or agreed period, incorrectly supplied, damaged in transit, or defective, your rights and our obligations will be dealt with in accordance with applicable law and our Refund & Returns Policy.

Collection from our premises or a collection point is subject to confirmation that the goods are ready for collection. You or your nominated collector may be required to provide order details and proof of identity.

You are responsible for providing accurate delivery and contact information. We are not responsible for failed or delayed delivery caused by incorrect, incomplete, or outdated information supplied by you, except where applicable law provides otherwise.

8. Returns, Refunds, Guarantee & Defect Claims

Returns, supplier-error issues, defect/warranty claims, cooling-off rights, refund methods, claim timelines, and escalation procedures are governed by our Refund & Returns Policy.

Our guarantee/warranty summary page is available here: Guarantee Policy.

Installed, used, test-fitted, modified, damaged, or allegedly defective goods may need to be returned or made available for inspection, testing, and/or supplier/manufacturer assessment before any outcome can be confirmed. That assessment procedure is administrative only and does not limit any statutory right or remedy that may apply once a qualifying defect is confirmed.

You must not continue using a product that appears defective, unsafe, incorrectly supplied, or unsuitable. Continued use after a suspected defect or mismatch may cause further damage, affect the assessment of the claim, or create safety risks.

9. Cooling-Off Rights for Electronic Transactions

Where section 44 of the ECTA applies, qualifying consumers may have a statutory right to cancel an electronic transaction within 7 days of receipt of the goods, without reason or penalty, subject to the exclusions in that Act. The only charge for a valid section 44 cancellation is the direct cost of returning the goods.

This statutory right exists independently of our discretionary / courtesy return policy. Please refer to our Refund & Returns Policy for the operational process we use to administer returns and claims.

Nothing in these Terms excludes any cooling-off right, defect remedy, refund right, or other protection that cannot lawfully be excluded.

10. Promotions, Discount Codes & Gift Cards

Promotions, discount codes, vouchers, bundle offers, sale prices, clearance items, loyalty benefits, and gift cards may be subject to additional terms shown with that promotion or product.

If there is a conflict between those specific promotional terms and these Terms, the specific promotional terms will govern to the extent of the conflict, subject always to applicable law.

Unless expressly stated otherwise, promotions may not be combined, exchanged for cash, applied retrospectively, or used in a manner that is fraudulent, abusive, automated, or inconsistent with the purpose of the promotion.

11. Acceptable Use, Automated Access, AI Discovery & Scraping

You may use this website only for lawful browsing, enquiries, quotes, purchases, order-related purposes, customer support, and ordinary product or fitment research.

You agree not to misuse the website, interfere with its operation, attempt unauthorised access, test or scan our systems without permission, submit false or fraudulent orders, impersonate another person, manipulate prices or checkout processes, introduce malicious code, overload our infrastructure, bypass security controls, or use the website for any unlawful, abusive, deceptive, or prohibited purpose.

Permitted search and AI discovery. We want customers and genuine users to be able to find our products and content through search engines, AI-assisted search, and user-requested discovery tools. We therefore permit legitimate search engines, AI-assisted discovery services, and user-requested browsing or retrieval tools, including Google, Bing, Microsoft Copilot, Apple/Applebot for Siri, Spotlight, Safari, and comparable Apple discovery features, OpenAI/ChatGPT (including OAI-SearchBot and ChatGPT-User), Anthropic/Claude (including Claude-SearchBot and Claude-User), and comparable user-facing search and AI assistant services, to access publicly available pages solely for indexing, search, discovery, snippets, citation, linking, product discovery, and user-requested answers.

This permission applies only where the access is reasonable, identifies itself accurately where technically applicable, respects our robots.txt file and other published crawler instructions where applicable, does not bypass security or technical restrictions, does not place an unreasonable load on the website, does not misrepresent its purpose, and is not used for any prohibited purpose described in these Terms.

Scraping and mass extraction are strictly prohibited. Except for the limited discovery permission above, you may not, without our prior written permission, directly or indirectly scrape, crawl, spider, harvest, extract, copy, monitor, download, cache, compile, mine, mirror, query, or otherwise collect website content or data by automated means.

This prohibition applies to the use of bots, scripts, crawlers, spiders, scrapers, browser automation, headless browsers, APIs, artificial intelligence tools, machine-learning systems, large language models, autonomous agents, data-mining tools, proxies, rotating IP addresses, or any similar technology or process.

This prohibition includes, without limitation, automated querying of any application programming interface (API), GraphQL endpoint, JSON or XML data feed, structured data endpoint, sitemap, image CDN, or other machine-readable interface made available by or in connection with the website, where the purpose, scale, frequency, or pattern of such querying exceeds ordinary individual customer use.

For purposes of this section, website content and data includes product descriptions, product photographs, images, prices, stock indicators, availability information, fitment or compatibility data, OE/reference numbers, part numbers, specifications, kit contents, categories, tags, URLs, metadata, internal search results, reviews, policies, layout, page structure, and any other content or data made available through the website.

Competitor and commercial data extraction is prohibited. You may not use website content or data for commercial exploitation, resale, republication, syndication, data broking, database creation, price monitoring, catalogue monitoring, stock monitoring, benchmarking, competitive intelligence, market intelligence, automated comparison, or any use by or on behalf of a competitor.

For purposes of these Terms, a competitor includes any person or business that sells, lists, advertises, compares, aggregates, supplies, facilitates, analyses, or provides data relating to automotive parts, spares, accessories, product catalogues, pricing data, stock data, fitment data, marketplace listings, or similar products or services, whether directly or through a marketplace, consultant, developer, contractor, data provider, agent, or other third party.

You may not use website content or data to create, train, fine-tune, test, validate, benchmark, enrich, operate, or improve any artificial intelligence system, machine-learning model, vector database, embedding database, search product, marketplace, price-comparison service, catalogue, fitment database, recommendation engine, data product, or commercial software product, except to the limited extent expressly permitted above for legitimate search, indexing, discovery, snippets, citation, linking, product discovery, and user-requested answers.

You may not build or improve any product, service, dataset, index, model, database, or tool that substitutes for, competes with, materially reduces the need to visit, or commercially exploits Modern Auto Parts, our website, our catalogue, our product information, our pricing, our stock information, or our supplier-related data.

You may not bypass, disable, avoid, or circumvent any robots.txt instruction, access-control measure, rate limit, CAPTCHA, bot-detection system, firewall rule, authentication requirement, IP block, user-agent restriction, security measure, or technical restriction.

You may not disguise the source, identity, or purpose of automated access, use misleading user-agent strings, rotate IP addresses to avoid detection, use multiple accounts or proxies to evade limits, or continue accessing the website after we have blocked, restricted, throttled, or asked you to stop such access.

Any permission for automated discovery is limited, revocable, non-exclusive, non-transferable, and subject to these Terms and any technical instructions we publish. Access to the website does not grant any licence to use our content or data for any prohibited purpose.

If you breach this section, we may, without limiting any other rights or remedies, block or throttle access, suspend accounts, cancel affected orders where lawful, require deletion of copied content or data, issue takedown or cease-and-desist notices, claim damages and recoverable legal costs, and report suspected unlawful conduct to the relevant authorities.

Unauthorised scraping, mass extraction, circumvention, interference, or misuse of website content, data, systems, or personal information may also infringe or contravene applicable South African law, including the Cybercrimes Act 19 of 2020, the Copyright Act 98 of 1978, POPIA, ECTA, and any other applicable law, depending on the circumstances.

Nothing in this section limits any right you may have under applicable law, including fair dealing, legitimate non-commercial use, or any non-waivable statutory right.

12. Intellectual Property & Website Content

All content on this website, including text, product copy, photographs, images, graphics, logos, layout, design elements, catalogue structure, product data presentation, fitment information, compatibility guidance, and other materials, is owned by or licensed to Modern Auto Parts and is protected by applicable intellectual property and related laws where eligible for protection.

Product names, vehicle names, part numbers, OE/reference numbers, manufacturer names, and trademarks may belong to their respective owners and are used for identification, compatibility, and fitment purposes only. Their appearance on the website does not imply endorsement unless expressly stated.

You may view, print, save, or share reasonable extracts of website pages solely for your own personal use, internal purchasing decisions, fitment confirmation, order records, customer-support purposes, or ordinary non-automated shopping use. You may also share ordinary links to our public pages.

You may not copy, reproduce, republish, distribute, display, scrape, mine, extract, exploit, sell, sublicense, train on, store as a dataset, create derivative works from, or commercially use website content or data without our prior written permission, except where permitted by law or expressly allowed under section 11 for limited search and discovery purposes.

No right, title, licence, or interest in our content, data, trade name, branding, goodwill, systems, or intellectual property is transferred to you by your use of the website or purchase of products from us.

13. Accounts, Communications & Customer Information

If you create an account, submit an enquiry, place an order, or provide information to us, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account login details and for activity conducted through your account, except where applicable law provides otherwise.

You agree not to create accounts or submit information using automated means, false details, another person’s identity, disposable contact details for abusive purposes, or information that is misleading, fraudulent, or unlawful.

We may send you service-related communications about your account, orders, payments, delivery, returns, support requests, security issues, and changes to our policies. Marketing communications will be handled in accordance with our Privacy Policy and applicable law.

14. Limitation of Liability

To the maximum extent permitted by law, Modern Auto Parts will not be liable for indirect, incidental, special, punitive, or consequential loss arising from the use of the website, reliance on website content, delays, unavailable products, or products purchased from us.

This limitation does not exclude or limit any liability that cannot lawfully be excluded or limited, including liability under section 61 of the CPA, liability arising from gross negligence, fraud, wilful misconduct, or any remedy or right available under the CPA, ECTA, POPIA, or other applicable law.

Nothing in these Terms prevents a consumer from exercising any right or remedy that may be available through applicable law, an ombud scheme, an alternative dispute resolution process, a regulator, the National Consumer Commission, the National Consumer Tribunal, or a competent court where applicable.

15. Privacy, Cookies & Third-Party Services

Your use of the website is also subject to our Privacy Policy and any applicable cookie notice or cookie policy published on the website.

We may use third-party service providers for payments, analytics, fraud prevention, messaging, hosting, fulfilment, reviews, financing, shipping, customer support, search functionality, and other ecommerce functions. Your use of third-party services may also be subject to those providers’ own terms and privacy practices.

Where we process personal information, we do so in accordance with our Privacy Policy and applicable data-protection law. You may not scrape, harvest, extract, or misuse any personal information made available on or through the website.

16. Suspension, Blocking & Enforcement

We may suspend, restrict, throttle, block, or terminate access to the website where reasonably necessary to protect the website, our customers, our suppliers, our systems, our data, our intellectual property, or our business from fraud, abuse, scraping, mass extraction, unlawful conduct, security threats, excessive traffic, or breach of these Terms.

We may investigate suspected breaches of these Terms, preserve relevant logs and records, cooperate with service providers or authorities where lawful, and take steps reasonably necessary to enforce our rights.

Failure or delay in enforcing any provision of these Terms does not constitute a waiver of that provision or of any right we may have.

17. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Republic of South Africa.

Where applicable, consumers in the automotive industry may refer unresolved disputes to the Motor Industry Ombudsman of South Africa (MIOSA) or another competent forum. Nothing in this clause limits any right to approach an ombud, regulator, tribunal, or court where the law allows it.

Before escalating a dispute, we encourage you to contact us so that we can attempt to resolve the issue directly and in good faith.

18. Contact Information

If you have any questions about these Terms of Service, please contact us:

Last updated: 03 May 2026