Terms of service

OVERVIEW

Welcome to Advanced 4x4 — a proudly South African manufacturer and specialist retailer of premium 4x4 accessories and equipment, based at 36 De Kock Street, Strand, 7140, Western Cape. The terms "we", "us" and "our" refer to Advanced 4x4. Advanced 4x4 operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Advanced 4x4 is powered by Shopify, which enables us to provide the Services to you. The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights.

These Terms work alongside — and never override — your statutory rights under South African law, including the Consumer Protection Act 68 of 2008 (CPA) and, for online purchases, the Electronic Communications and Transactions Act 25 of 2002 (ECTA). Where these Terms are more generous than the law requires, these Terms apply. Where the law gives you more than these Terms do, the law applies.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province or country of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. Please note that colours or product appearance may differ from how they appear on your screen due to your device and its settings. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis. Nothing in this section limits your right to accurate product and fitment information, or your rights under the CPA if a product doesn't match its description or isn't fit for the purpose it was sold for.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. Advanced 4x4 reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Advanced 4x4 confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Once accepted, an order generally cannot be cancelled or amended on request, other than in accordance with our Return and Refund Policy — which includes your statutory right under Section 44 of ECTA to cancel an online order without reason or penalty within 7 days of delivery, and your rights under Section 56 of the CPA for defective goods.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges. Prices posted in our online store may differ from prices offered in physical stores or by third-party retailers. We may offer promotions from time to time that are governed by separate terms and conditions. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. You agree to provide current, complete and accurate purchase and payment information for all purchases made at our store, and to promptly update your account information so that we can complete your transactions and contact you as needed.

SECTION 5 — SHIPPING AND DELIVERY

We aim to deliver within the estimated timeframes shown at checkout. All delivery times are estimates only. We are not responsible for delays caused by circumstances outside our reasonable control, such as carrier disruptions or customs processing, though we will keep you informed and assist wherever we can.

Risk of loss. Under Section 19 of the CPA, the risk of loss or damage to your order remains with Advanced 4x4 until the goods are delivered to you — not from the point we hand them to a courier. If your order arrives damaged or is lost in transit, this is handled entirely under our Return and Refund Policy, and we manage any claim against the courier directly; you are never responsible for pursuing that claim yourself.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Advanced 4x4, its affiliates or licensors and are protected by South African and international copyright, trademark and other intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on the Services without our prior written consent. Advanced 4x4's names, logos, product and service names, designs, and slogans are trademarks of Advanced 4x4 or its affiliates or licensors. You must not use such trademarks without the prior written permission of Advanced 4x4. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 — OPTIONAL TOOLS

You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor control. We provide access to such tools "as is" and "as available," without representations or conditions of our own regarding their performance. Any use of optional tools offered through the site is entirely at your own risk and discretion. This section applies to third-party website functionality only, and does not affect your statutory rights in relation to any Advanced 4x4 product or service you purchase.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain links to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party websites. If you leave the Services to access third-party sites, you do so at your own risk. Please review the third party's policies and practices carefully before engaging in any transaction.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Advanced 4x4 is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make in our store are made directly with Advanced 4x4, not Shopify. Shopify is not responsible for any aspect of any sales between you and Advanced 4x4, including any injury, damage, or loss resulting from purchased products and services, to the extent Shopify itself had no involvement in causing that harm. Nothing in this section is intended to, or does, exclude or limit your rights against Advanced 4x4 as the actual supplier of the goods, including your rights under Sections 56 and 61 of the CPA.

SECTION 10 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy, which can be viewed at https://www.shopify.com/legal/privacy. By using the Services, you acknowledge that you have read these privacy policies.

SECTION 11 — FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. You represent and warrant that you own or have all necessary rights to all Feedback submitted, and that your Feedback will not violate any right of any third party. You are solely responsible for any Feedback you make and its accuracy. Nothing in this section restricts your right to leave honest reviews of our products or service, including reviews that are critical, on our site or elsewhere.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel affected orders, at no cost or penalty to you, if any information was materially inaccurate at the time you ordered.

SECTION 13 — PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, harm, defame, or intimidate any person; (e) to transmit false or misleading information; (f) to transmit any advertising or promotional material without our prior written consent; (g) to impersonate any other person or entity; or (h) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services. We reserve the right to suspend, disable, or terminate your account at any time if we determine that you have violated any part of these Terms. This section does not restrict you from making honest, good-faith complaints about our products or service, including to us, to a regulator, or through a public review.

SECTION 14 — TERMINATION

We may terminate this agreement or your access to the Services at any time, and you will remain liable for all amounts due up to and including the date of termination. Sections covering Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Privacy Policy will survive any termination, to the extent consistent with your statutory rights.

SECTION 15 — DISCLAIMER OF WARRANTIES

Except as expressly stated by Advanced 4x4, and subject always to your statutory rights below, the website functionality of the Services is provided "as is" and "as available," without representation, warranty, or condition of any kind regarding uninterrupted, timely, secure, or error-free operation of the website itself.

This disclaimer does not apply to, and does not exclude, limit, or attempt to waive, your statutory rights in respect of any product you purchase from us, including the implied warranty of quality under Sections 55 and 56 of the CPA (which guarantees that goods will be of good quality, fit for purpose, and free of defects, and is not waivable by agreement), and our strict liability for harm caused by unsafe, defective, or hazardous goods, or inadequate instructions or warnings, under Section 61 of the CPA. Where any part of this section conflicts with those statutory rights, your statutory rights prevail.

SECTION 16 — LIMITATION OF LIABILITY

To the fullest extent permitted by law, and subject always to Section 15 above, Advanced 4x4 excludes liability for indirect or consequential losses (such as lost profits or lost data) arising from your use of the Services' website functionality, where those losses did not result from a defect, hazard, or unsafe condition in a product we supplied.

Nothing in these Terms excludes or limits:

  • Our strict liability under Section 61 of the CPA for harm — including personal injury, death, or property damage — caused wholly or partly by unsafe goods, a product failure or defect, or inadequate instructions or warnings, regardless of negligence;
  • Our liability for gross negligence or wilful misconduct; or
  • Any other liability that cannot lawfully be excluded or limited under South African law.

Given the nature of the products we manufacture and sell — including structural vehicle components such as bumpers, rock sliders, and recovery points — we take this liability seriously and carry it accordingly.

SECTION 17 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless Advanced 4x4, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims, including reasonable legal fees, arising from (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your misuse of the Services — in each case, only to the extent such losses were caused by you and not by any negligence, defect, or unsafe condition attributable to us.

Notice: this clause requires you to indemnify us in certain circumstances. Under Section 49 of the CPA, we're required to draw this kind of clause to your attention clearly. If anything here isn't clear, please contact us before ordering and we'll explain it.

SECTION 18 — SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service without affecting the validity and enforceability of any other remaining provisions.

SECTION 19 — WAIVER; ENTIRE AGREEMENT

The failure of Advanced 4x4 to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service, together with any policies or operating rules posted by us on this site, constitute the entire agreement between you and Advanced 4x4 and govern your use of the Services, superseding any prior agreements, communications and proposals, whether oral or written — except that nothing in this section limits your statutory rights under South African law.

SECTION 20 — ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you, provided this does not reduce your rights under these Terms or the law.

SECTION 21 — GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of South Africa.

For disputes above the jurisdictional limit of the Small Claims Court, you and Advanced 4x4 consent to the jurisdiction of the Western Cape High Court, Cape Town. This does not affect your right to instead pursue a claim through the Small Claims Court (where your claim falls within its monetary limit), the National Consumer Commission, the Consumer Goods and Services Ombud, or any other dispute resolution forum available to you under the CPA.

SECTION 22 — CHANGES TO TERMS OF SERVICE

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates on this website. It is your responsibility to check this page periodically for changes. We will notify you of any material changes in accordance with applicable law. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes, provided that any order already placed remains governed by the Terms in effect at the time of that order.

SECTION 23 — CONTACT INFORMATION

Questions about the Terms of Service should be directed to: