AUDIO MOTIVE DISTRIBUTORS

WEBSITE TERMS & CONDITIONS

1. Agreement to these Terms

These Terms & Conditions (“Terms”) govern access to and use of the websites, online stores and digital services operated by Audio Motive Distributors (“AMD”, “we”, “us” or “our”).

By accessing a website, creating an account, submitting an enquiry or placing an order through one of our online stores, you agree to these Terms and any additional terms displayed during the relevant transaction.

If you do not agree with these Terms, please do not use the relevant website or online service.

These Terms must be read together with our Privacy Policy and Returns & Warranty Policy, which form part of the policies governing our websites and sales channels.

Nothing in these Terms is intended to exclude, restrict or waive any right that cannot lawfully be excluded under South African law, including rights under the Consumer Protection Act 68 of 2008 (“CPA”), the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) and the Protection of Personal Information Act 4 of 2013 (“POPIA”).

2. Our Business and Websites

Audio Motive Distributors is the business responsible for operating the AMD website network and the retail websites listed below. The individual websites represent different brands, product ranges and business activities within the AMD group of websites. They are not separate legal entities merely because they use different brand names or domain names.

Our websites include:

AMD also sells products through its Bob Shop marketplace store.

The audiomotive.co.za website primarily serves as AMD’s corporate and distributor website. It provides company, brand, product and dealer information and does not itself offer consumer checkout. Consumers may purchase products through the relevant brand retail websites or AMD’s Bob Shop store, subject to the terms displayed on the applicable sales platform.

AMD also supplies products directly to authorised and independent dealers under separate trade arrangements.

Unless a transaction expressly identifies another legal seller, the supplier of products sold through the AMD-operated retail websites is Audio Motive Distributors. Brand names, logos and product identities are used to identify the relevant product ranges and do not, by themselves, represent separate contracting companies.

3. Contact and Business Information

Business: Audio Motive Distributors
Physical address: Unit 25, Hilton Office Park, 6 Quarry Road, Hilton, KwaZulu-Natal, 3245, South Africa
Telephone: 033 347 3470
General email: reception@audiomotive.co.za
Website: https://audiomotive.co.za/

The company registration number, VAT number, full registered legal name and address for service of legal documents must be displayed in the relevant website footer or legal information section once confirmed.

4. Intellectual Property

Unless otherwise indicated, website content—including text, photographs, graphics, product images, logos, designs, videos, layouts, product descriptions and other materials—is owned by AMD, its licensors, or the relevant brand owners.

Nothing on our websites transfers ownership of intellectual property to a visitor or customer.

You may view and use website content for personal, non-commercial purposes. You may not reproduce, modify, distribute, republish, commercially exploit or use our content or brand assets without prior written permission from the relevant rights holder.

All third-party trademarks and brand names remain the property of their respective owners.

5. Acceptable Use of Our Websites

You agree to use our websites lawfully and responsibly.

You may not:

  • Use a website for fraudulent, unlawful or unauthorised purposes.

  • Attempt to gain unauthorised access to our systems, accounts or data.

  • Interfere with website security, operation or availability.

  • Upload malicious software, viruses or harmful code.

  • Use automated tools to scrape, copy or extract website content without written permission.

  • Submit false, misleading or fraudulent information.

  • Impersonate another person or business.

  • Infringe intellectual property, privacy or other rights.

  • Use our websites in a manner that may damage AMD, its customers, dealers, suppliers or brand partners.

We may restrict access, suspend accounts or remove content where reasonably necessary to protect our websites, users or business, subject to applicable law.

6. Product Information and Images

We make reasonable efforts to ensure that product descriptions, specifications, photographs, prices and availability are accurate and current.

Product images are provided as a guide. Packaging, colours, product appearance and accessories may vary between production batches or product revisions.

Specifications may change as manufacturers update their products. Where a specification is important to a purchase, customers should confirm it with AMD or the relevant authorised dealer before ordering.

If a material error or omission is identified, we will take reasonable steps to correct it and, where necessary, contact affected customers.

7. Pricing and Promotions

Prices displayed on retail websites are in South African Rand (ZAR), unless stated otherwise.

The final price, including applicable taxes, delivery charges and other disclosed costs, will be shown before an online order is submitted.

Promotional offers are subject to the conditions, dates, stock availability and exclusions stated in the relevant promotion.

A promotion may not be combined with another offer unless expressly stated. Promotional terms will not override statutory consumer rights.

If a clear pricing or listing error occurs, AMD will contact the customer before processing the order where reasonably possible. If an order cannot be fulfilled at the displayed price, the customer may choose whether to proceed at the corrected price or cancel for a refund of any payment made, subject to applicable law.

8. Online Orders and Order Acceptance

Orders may be placed through the AMD-operated retail websites and Bob Shop, subject to the checkout process and platform rules applicable to each channel.

Submitting an order is an offer to purchase the selected products. An automated order acknowledgement confirms receipt of the order and does not necessarily mean that the order has been accepted or dispatched.

An order will be accepted when AMD or the relevant sales platform confirms acceptance, payment and fulfilment arrangements, as applicable.

We reserve the right to contact a customer to verify order details, delivery information or payment where reasonably necessary to prevent fraud or resolve an order issue.

If AMD cannot supply an accepted order because the product is unavailable or cannot reasonably be delivered, we will notify the customer and arrange an appropriate refund or other lawful resolution.

The corporate website audiomotive.co.za does not provide consumer checkout. Enquiries submitted through that website do not constitute product orders unless AMD separately confirms an order in writing.

9. Payments

Payments for consumer purchases must be made using the payment methods offered at the relevant retail website checkout or Bob Shop checkout.

Payment processing may be provided by independent third-party payment service providers. Their payment processing terms and privacy practices may also apply.

An order may be held until payment has been successfully authorised and confirmed. A payment reference, pending transaction or payment notification does not necessarily establish that funds have cleared into the relevant account.

AMD will not request that customers disclose full card details, banking passwords, one-time PINs or online banking credentials by email or telephone.

Dealer purchases are invoiced directly by AMD and are subject to the applicable dealer account, credit and payment terms agreed with that dealer.

10. Delivery and Shipping

Delivery options, costs and estimated delivery times will be communicated during checkout or separately in writing.

Delivery times are estimates unless AMD expressly confirms a guaranteed delivery date. Delays may arise from courier operations, stock availability, weather, public holidays, remote delivery locations or other circumstances outside our reasonable control.

Customers must provide accurate delivery details and make reasonable arrangements to receive their orders.

Customers should inspect delivered parcels as soon as reasonably possible and report visible transit damage, missing items or incorrect products promptly. This does not reduce any statutory rights relating to defective or incorrectly supplied goods.

Risk and ownership of goods will be determined in accordance with the applicable law and the relevant sales agreement. Nothing in this clause limits a consumer’s statutory rights.

11. Returns, Cancellations and Refunds

Returns, cancellations, exchanges and refunds are governed by AMD’s separate Returns & Warranty Policy, which is available on the relevant retail website.

The policy distinguishes between:

  • Statutory cooling-off rights for qualifying online transactions.

  • Cancellation rights arising from direct marketing, where applicable.

  • Defective, unsafe or incorrectly supplied products.

  • Voluntary change-of-mind returns where no statutory right applies.

  • Dealer and trade returns.

Nothing in these Terms removes a right provided by the CPA, ECTA or any other applicable law.

The relevant marketplace rules may also apply to purchases made through Bob Shop. Where a marketplace process is required, customers should follow the applicable platform process as well as contacting AMD where appropriate.

12. Product Warranties

Products are covered by the applicable manufacturer warranty, supplier warranty or statutory rights, depending on the product and transaction.

Warranty periods, conditions and claim procedures may differ between brands and product ranges. Any brand-specific warranty information supplied with a product or published by AMD must be read together with the Returns & Warranty Policy.

No provision in these Terms excludes or limits a consumer’s rights under section 55 or section 56 of the CPA where those provisions apply.

Damage caused by misuse, incorrect installation, unauthorised modification, unsuitable application, neglect or external events may fall outside a manufacturer’s voluntary warranty, but this does not automatically remove any statutory right that may apply.

13. Installation Vouchers and Promotional Coupons

Installation vouchers, discount codes and promotional coupons are subject to the specific conditions displayed when they are issued.

Each voucher or coupon may specify:

  • Its value or discount.

  • Eligible products or services.

  • Participating installers or fitment centres.

  • Expiry date.

  • Redemption procedure.

  • Any additional payment required from the customer.

Vouchers may not be exchanged for cash unless required by law or expressly stated in the offer.

A voucher does not automatically cover the full cost of installation. Any additional charges must be disclosed by the relevant installer before work begins.

If a voucher is part of a product purchase, the rights attached to the underlying product transaction remain subject to applicable law.

14. Dealer Accounts and Trade Transactions

AMD supplies products to dealers under separate trade arrangements.

Dealer pricing, credit facilities, payment terms, delivery arrangements, stock allocations, returns and warranty procedures may be governed by quotations, invoices, account applications, written agreements or other trade terms issued by AMD.

Dealer access to trade pricing or dealer-only information may be restricted to approved accounts.

Dealers are responsible for ensuring that their employees and authorised representatives protect login credentials and use dealer facilities appropriately.

Nothing in these website Terms replaces a separate written dealer agreement. Where a valid written dealer agreement conflicts with these Terms, the dealer agreement will govern the relevant trade transaction to the extent permitted by law.

15. Third-Party Websites and Services

Our websites may contain links to third-party websites, payment providers, courier services, social media platforms, manufacturers or other external services.

These services are not necessarily owned or controlled by AMD. Their own terms, privacy policies and operating conditions apply.

AMD is not responsible for the content, availability or privacy practices of independent third-party websites, except to the extent that applicable law provides otherwise.

16. Website Availability and Security

We aim to keep our websites available and functioning correctly but cannot guarantee uninterrupted access.

Websites may occasionally be unavailable due to maintenance, updates, technical problems, hosting issues or circumstances beyond our reasonable control.

We may update, modify or discontinue website features where reasonably necessary. We will take reasonable steps to minimise disruption to customers and active orders.

17. Disclaimer

Website information is provided for general product, brand and business information.

To the extent permitted by law, AMD does not warrant that every website will always be error-free, uninterrupted or compatible with every device or browser.

Nothing in this disclaimer excludes any express contractual commitment or statutory consumer protection that applies to a product, service or transaction.

18. Limitation of Liability

To the extent permitted by applicable law, AMD will not be liable for indirect or consequential losses arising solely from the use or inability to use a website.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law, including liability for fraud, wilful misconduct, gross negligence where it cannot lawfully be excluded, or statutory consumer rights.

19. Privacy and Personal Information

Personal information submitted through AMD websites, retail stores, dealer channels or other AMD-operated services is handled in accordance with our Privacy Policy and POPIA.

By submitting information, you acknowledge that AMD may process it for the purposes described in that policy and in the relevant collection notice.

Marketing communications will be handled in accordance with applicable law and the preferences or consent recorded for the relevant person.

20. Electronic Communications

You may receive order confirmations, invoices, delivery updates, account notices and other communications electronically.

Electronic communications and records may be used to document transactions, subject to applicable law.

Customers should ensure that their email address and contact details are accurate and that they monitor relevant communications relating to an order.

21. Governing Law and Disputes

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

Any dispute will be handled in accordance with applicable South African law and the jurisdiction of the competent South African courts or statutory dispute-resolution bodies.

Nothing in these Terms prevents a consumer from approaching the National Consumer Commission, the National Consumer Tribunal, the Information Regulator or another competent body where the law permits.

22. Changes to these Terms

AMD may update these Terms from time to time to reflect changes to its business, websites, products, sales channels or legal obligations.

The updated version will be published on the relevant website with a revised “Last updated” date.

Changes will not retrospectively remove rights or alter an existing transaction where doing so would be unlawful.

23. Contact Us

For questions about these Terms, website use or an order, contact:

Audio Motive Distributors
Unit 25, Hilton Office Park
6 Quarry Road
Hilton, KwaZulu-Natal, 3245
South Africa

Telephone: 033 347 3470
Email: reception@audiomotive.co.za
Website: https://audiomotive.co.za/

For order-related matters, customers should include the order number, the website or platform used, and the relevant product details.