TERMS & CONDITIONS

NB: Shipping charges are calculated at checkout and Kaoko is not responsible for any import duties and taxes that may be applicable.

Detailed description of good and/or services
Kaoko™ is a business in the motorcycling industry that manufactures and markets “Kaoko Throttle Stabilizers” and other motorcycle accessories.

Designs
Kaoko Throttle Stabilizer products are Registered Designs and Patented Designs; and enforceable on a global basis. Kaoko designs are subject to change without prior notice.

Registered Designs:
“RSA A2007/00202”
“RSA A2007/00203”
“RSA A2007/00204”
“RSA A2007/00205”
“RSA A2007/00206”
“RSA A2007/00207”

Patents
“US Pat. No. D593,462S”
“US Pat. No. D593,463S”
“US Pat. No. D593,464S”

Resale 
Resale of Kaoko products to other countries, neither new nor used, is prohibited.

Placement of order 
Purchase Orders may be placed by fax or email only. No verbal nor regular mail orders will be accepted.

Acceptance of Order
Kaoko™ will provide customers with confirmation of availability prior to customer submitting funds. Minimum order value must exceed ZAR500.00 excluding shipping fees.

Payment of Order
Purchase orders will be paid for and in full prior to the shipment / courier of goods.

Note:  when ordering online on the KAOKO website a 3 Domain Security check needs to be completed. Without this 3 Domain Security check KAOKO cannot receive credit card payment for the order. 3 Domain Security is a new method of security mandated by the Card Associations to enhance the security of online transactions. Mastercard’s product is called “SecureCode” and Visa’s product is called “Verified by Visa“. For further details on 3-D Security please see https://www.paygate.co.za/3d-secure/

Prices  
Prices are quoted in EURO  when there is no dealer available in your region and are subject to change without prior notice. Shipping charges are calculated at checkout and Kaoko is not responsible for any import duties and taxes that may be applicable. If you are ordering from a region where Kaoko has a dealer to fill your order, shipping will be handled by the dealer.

Delivery policy
Subject to availability and receipt of payment, requests will be processed within 7 working days and despatch confirmed by way of e-mail detailing tracking numbers of courier or postal services.

Local deliveries (South Africa ONLY)
Please note that any orders placed after 14:30 (UTC+02:00) will not be shipped out that same day as couriers do not accept any more collections after this time period, any order placed after 14:30 will only be sent out the next day. Local deliveries can take 1-3 working days after collection depending on location and size of parcel (remote locations have a longer delivery time).

Return and Refunds policy
The provision of goods and services by Kaoko (Pty) Ltd is subject to availability.  In cases of unavailability, Kaoko™ will refund the client in full within 30 days.  Cancellation of orders by the client will attract a 15 % administration fee.

Customer privacy policy
Kaoko™ shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

Warranty 
All of our products are guaranteed against faulty manufacture for 12 months. For any OEM products sold by Kaoko™, the manufacturer’s guarantee applies. Kaoko™ is to be notified immediately if any defects are discovered. Warranty claims will only be settled if the goods are returned together with a copy of the invoice. Freight and packaging will not be refunded.

Indemnity

Express Disclaimer, Exclusion of Liability, Indemnity and Safety Warning:
1. The accessories and products supplied by KAOKO™ are aftermarket accessories and products.
2. The use and employment of such accessories and products is at the sole risk and discretion of the user.
3. The user of such accessories and products further indemnifies KAOKO™ and its representatives against all claims and losses arising (including personal injuries, death, damage to property and any other losses) and involving such accessories and products.
4. KAOKO™ provides no warranty on accessories and products that it produces and distributes and does not aver that these accessories and products are fit for the purposes for which same are manufactured and intended.
5. KAOKO™ assumes no responsibility for and liability regarding any and all defects, deficiencies or otherwise in and attributed to its motor accessories and products.
6. KAOKO™ further assumes no responsibility for and liability regarding any prospective losses and claims for damages; be same actual, consequential or contingent and which in any way are associated with its motor accessories and products. In circumstances where accessories and products supplied are found to be of defective manufacture, KAOKO™ reserves its rights to replace such defective accessories and products, alternatively effect a financial refund equivalent to the purchase price of such accessories and products as at the date of placement of order.
7. The application and affixing of KAOKO™ accessories and products to vehicles may necessitate or result in modifications being undertaken and this may result in manufacturer or otherwise warranties provided on such vehicles being affected and for that matter voided. In circumstances where the above occurs, KAOKO™ expressly denies being accountable regarding any liability and losses ensuing.
8. The application and affixing of KAOKO™ accessories and products may further result in usual vehicle operations and safety features being modified, overrode and for that matter discarded.
9. KAOKO™ accessories and products ought to be used by experienced and responsible riders only. The onus rests on the user of such KAOKO™ accessories and products to become properly familiarized with and understand the nature, operation and scope of the above accessories and products and further ensure that same are correctly affixed and used at all times and further not abused.
10. Misapplication and abuse of such accessories and products can endanger the user and result in injury or death and further constitute safety hazards.
11. The affixing and usage advices provided by KAOKO™ are for guidance purposes only and do not constitute specific fitment instructions. The onus rests on the user to ascertain and ensure proper and professional affixing and fitting to vehicles of the accessories and products and in seeking suitably qualified assistance in dealing with the above.
12. Prior to resorting to using KAOKO™ accessories and products, it is recommended that the user seek independent advice regarding the integrity and suitability of above accessories and products and in fulfilling the user’s needs.
13. KAOKO™ accessories and products should only be fitted to new motorcycles and those that are in original condition, having not been involved in any accidents, being dropped, damaged or the subject of repair. Where KAOKO™ accessories and products are fitted to motorcycles not in original condition there is the risk that the operation of KAOKO™ accessories and products will be compromised and damaged. In all of the above events, KAOKO™ does not accept liability.

Customer Privacy policy
Kaoko shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal
information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
http://www.polity.org.za/attachment.php?aa_id=3569 .

Payment options accepted
Payment may be made via Visa, Master Card, or by EFT (bank transfer) into the Kaoko™ bank account, the details of which will be provided on request.

Card acquiring and security
Card transactions will be acquired for Kaoko via PayGate (Pty) Ltd who are the approved payment gateway for all South African
Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the
website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Customer details separate from card details
Customer details will be stored by Kaoko separately from card details which are entered by the client on PayGate’s secure site. For
more detail on PayGate refer to www.paygate.co.za.

Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is
South African Rand (ZAR).

Responsibility
Kaoko takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website,
customer service and support, dispute resolution and delivery of goods.


Customer Details Separate from Card Details
Customer details will be stored by Kaoko™ separately from card details which are entered by the client on Nelon’s secure site.  For more detail on Nelon refer to www.nelon.co.za

Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa.  Transaction Currency is ZAR (South African Rand).

Responsibility
Kaoko™ takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods, but cannot accept any responsibility for foreign taxes and importation duties.
For retail exports Kaoko insures parcels for loss only. Kaoko does not accept responsibility for damages to goods in-transit. Insurance options through the South Africa Post Office (SAPO) are not available to certain countries; and in this case where insurance options are not available, Kaoko will not be held liable for any loss or damages to goods.

Country of Domicile
This website is governed by the laws of Republic of South Africa and Kaoko™ chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the Republic of South Africa.

Variation
Kaoko™ may, in its sole discretion, change this agreement or any part thereof at any time without notice.

Company information
This website is run by a private company based in the Republic of South Africa with the registered trading name of Kaoko Trading (Pty) Ltd, otherwise trading as “Kaoko”, and with company registration number 1984/000734/07.

KAOKO™ contact details
E-mail:  SUPPORT@KAOKO.COM
Tel:        +27-79-880-8506
Fax:       +27-86-606-1736