Official Terms and Conditions

1. Introduction and Acceptance

These Terms and Conditions ("Terms") govern the entire commercial, operational, and digital relationship between EL TONYS AUTO ("the Dealership", "we", "us", or "our") and any user, visitor, prospective customer, or purchaser ("you", "your", or "the Customer"). By accessing our digital interfaces, submitting an inquiry, reserving vehicles, or entering our showroom floor, you acknowledge that these Terms apply, subject always to your statutory rights and protections under applicable South African law.

2. Definitions

In these Terms, the following definitions apply:

• "CPA" means the South African Consumer Protection Act No. 68 of 2008.
• "NCA" means the National Credit Act No. 34 of 2005.
• "POPIA" means the Protection of Personal Information Act No. 4 of 2013.
• "ECTA" means the Electronic Communications and Transactions Act No. 25 of 2002.
• "FICA" means the Financial Intelligence Centre Act No. 38 of 2001.
• "OTP" means a formal, written Offer to Purchase a specific vehicle.
• "Vehicle" means any motor vehicle, pre-owned asset, or trade-in asset within our operational possession or showroom inventory.

3. Dealership Information

In compliance with Section 43 of ECTA, our mandatory institutional information is disclosed as follows:

• Registered Name: EL TONYS AUTO GROUP (Pty) Ltd
• Company Registration Number: 2022/353325/07
• Physical Address: 284 Flamingo Street, Lenasia, Johannesburg 1821
• Email Address: info@eltonysauto.co.za
• Telephone Number: +27 81 496 6261
• Information Officer: Aadil el Touny (Email: compliance@eltonysauto.co.za)

4. Website Use

Users are granted a limited, revocable license to access our platform solely for identifying vehicles and submitting bona fide applications. You agree not to scrape data, disrupt service architectures, or deploy automated bots. Unauthorised activities may result in legal action and may be reported to the relevant authorities where appropriate.

5. Vehicle Listings Disclaimer

While we strive for digital accuracy, electronic listings serve as an invitation to do business rather than a binding offer. The customer acknowledges that used vehicles may have reasonable signs of previous ownership and use, and agrees to explicitly inspect and verify the physical vehicle condition, exact mileage, historical previous use, accident disclosures, vehicle condition report, and optional extras before signing an Offer to Purchase. The customer acknowledges that photographs, colours, specifications, and descriptions may vary slightly due to photography conditions, manufacturer changes, or display settings.

6. Vehicle Availability

All vehicles displayed digitally or physically are subject to prior sale, reservation, trade transaction, or administrative processing. EL TONYS AUTO cannot guarantee that a vehicle viewed online will remain in stock upon physical arrival. We reserve the absolute right to update or withdraw vehicle stock from active availability without incurring any liability.

7. Pricing and Pricing Errors

Prices are presented in South African Rand (ZAR) and include VAT where applicable, but exclude separate license, registration, roadworthy, and dealership administration costs. In accordance with Section 23 of the CPA, if a clear typographical or systemic error causes a vehicle to be displayed at an obviously incorrect price, the Dealership is not bound to supply it at that error price. We will cancel the entry, notify you, and issue a full refund for any payments made. Nothing in this clause limits any mandatory consumer rights under the CPA.

8. Quotations

Written quotes or Pro-Forma invoices remain valid for 7 (seven) calendar days unless otherwise specified. Any finance indication, repayment calculation, or interest rate estimate provided within a quotation is a preliminary estimate subject to final approval by an authorised credit provider, and does not constitute a guarantee of finance approval or credit underwriting.

9. Deposits and Reservations

Vehicles can be reserved via a mutually accepted holding deposit. If a client subsequently cancels a vehicle reservation, any cancellation fee charged will be limited to reasonable, direct administrative costs actually incurred by EL TONYS AUTO, as permitted by applicable law. Deposits do not constitute an automatic transfer of vehicle ownership.

10. Payment Methods

For security, compliance, and fraud prevention purposes, EL TONYS AUTO may restrict certain payment methods and requires all vehicle purchase funds to be received through traceable and verified payment channels. No vehicle will be authorized for handover until all funds reflect as cleared and irrevocable within our bank account.

11. Offer To Purchase (OTP)

A formal, written Offer to Purchase ("OTP") must be signed by the customer and accepted by an authorised representative of EL TONYS AUTO before any binding agreement is concluded. The OTP constitutes the final and complete terms of the vehicle sale, superseding any prior negotiations or representations. By signing an OTP, the customer confirms that they have inspected the vehicle to their satisfaction or had the opportunity to do so, and accept the vehicle "as-is" with all visible and disclosed conditions.

12. Consumer Protection Act Rights

Nothing in these Terms limits or excludes any consumer rights that cannot be waived under the CPA, including but not limited to:

• The right to safe, good quality goods; – All vehicles supplied by EL TONYS AUTO must comply with the standards of quality, durability, and safety that a reasonable consumer would expect, considering the age, mileage, and price of the vehicle.
• The right to return defective goods and obtain a remedy; – Consumers may be entitled to return a vehicle that is not of satisfactory quality or fails to meet reasonable expectations, in accordance with the CPA's implied warranty provisions.
• The right to seek fair compensation and file a complaint; – Consumers have the right to approach the National Consumer Commission (NCC) or relevant ombudsman to lodge a complaint regarding any alleged unfair practice or breach of consumer rights.
• The right to receive a written record of the transaction; – Consumers are entitled to a clear, legible, and accurate written record of the vehicle purchase agreement, including all terms, conditions, pricing breakdowns, and applicable fees.

13. Warranty and After-Sales

Unless expressly agreed in writing, all used vehicles are sold on an "as-is" basis. Any manufacturer warranty remains with the original manufacturer and is transferred subject to the manufacturer's terms and remaining duration. The purchaser is responsible for verifying and confirming any residual manufacturer warranties with the relevant manufacturer prior to purchase. EL TONYS AUTO does not provide any additional guarantees beyond the manufacturer warranty and will not be liable for any consequential or indirect losses resulting from vehicle defects.

14. Limitation of Liability

To the fullest extent permitted by law, EL TONYS AUTO, its directors, employees, agents, or representatives shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of our website, showroom, or any vehicle transaction. Our total liability in respect of any claim arising out of or relating to these Terms shall not exceed the total purchase price paid by the customer for the relevant vehicle.

15. Privacy and Data Protection (POPIA)

EL TONYS AUTO respects your privacy and is committed to protecting your personal information. By using our website, submitting an enquiry, or engaging with our services, you consent to the collection, processing, storage, and transmission of your personal information as set out in our Privacy Policy. We process personal information in compliance with the Protection of Personal Information Act No. 4 of 2013 ("POPIA").

We collect personal information solely for the purposes of processing vehicle enquiries, facilitating vehicle purchases, providing customer support, and complying with our legal and regulatory obligations, including FICA requirements. Your information will not be shared with third parties without your explicit consent, except where required by law or necessary to complete a transaction. You have the right to access, correct, or request deletion of your personal information. For any privacy-related enquiries, please contact our Information Officer at compliance@eltonysauto.co.za.

16. Anti-Money Laundering and FICA

In compliance with the Financial Intelligence Centre Act No. 38 of 2001 ("FICA"), EL TONYS AUTO is required to verify the identity of all customers before concluding any transaction. By entering into a transaction with us, you agree to provide all necessary identification and supporting documents as requested, including but not limited to valid South African ID or passport, proof of residential address, and proof of income or source of funds. We may suspend or cancel any transaction if you fail to provide satisfactory FICA documentation within a reasonable timeframe.

17. Governing Law and Jurisdiction

These Terms and any matters arising from them are governed by the laws of the Republic of South Africa. Any legal disputes, including those arising from or related to these Terms, shall be submitted to the exclusive jurisdiction of the courts of South Africa, with the appropriate venue being the Magistrates' Court or High Court of South Africa, Gauteng Division, Johannesburg, as may be applicable based on the quantum of the claim. Nothing in this clause prevents either party from approaching any other court or tribunal for interim relief or other appropriate remedies.

18. Force Majeure

EL TONYS AUTO shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure arises from any cause beyond our reasonable control, including but not limited to acts of God, war, civil unrest, terrorism, government action, natural disasters, pandemics, strikes, supply chain disruptions, or failure of public utilities. In the event of a force majeure event, our obligations will be suspended for the duration of the event, and we will use reasonable efforts to resume performance as soon as practicable.

19. Amendments

EL TONYS AUTO reserves the right to update, modify, or replace these Terms at any time without prior notice. The most current version of the Terms will always be available on our website at eltonysauto.co.za/terms. By continuing to use our website or services after any changes to these Terms, you accept and agree to be bound by the updated Terms. It is your responsibility to review these Terms periodically for any changes. Any amendments to these Terms shall not affect any transactions that have already been concluded prior to the effective date of the amendments.

20. Contact Information

If you have any questions, concerns, or complaints regarding these Terms, our services, or any transaction, please contact us through the following channels:

• Email: info@eltonysauto.co.za
• Phone: +27 81 496 6261
• Address: 284 Flamingo Street, Lenasia, Johannesburg 1821

We aim to respond to all queries within 2 (two) business days. If you remain unsatisfied, you may refer the matter to the National Consumer Commission (NCC) or the Motor Industry Ombudsman of South Africa (MIOSA), as applicable.