IMPERIAL SELECT a division of Motus Corporation (Pty) Ltd has created and developed a unique online marketplace through which you can sell your second-hand vehicle or buy a pre-owned vehicle with less risk and more convenience than ever before. As the seller of a vehicle, the IMPERIAL SELECT Website offers you the convenience and security of:
As a buyer, the IMPERIAL SELECT Website offers you the convenience and security of:
These services (Services) are described in greater detail on the various pages of the IMPERIAL SELECT Website and further on in these terms and conditions (Terms). Please read these Terms carefully. By accessing the IMPERIAL SELECT Website and using any of the Services, you are deemed to have read and agreed to these Terms. Our agreement commences when you access this website and continues thereafter indefinitely, or until terminated by IMPERIAL SELECT for any reason whatsoever. IMPERIAL SELECT may amend these Terms from time to time, in which case such amended Terms will supersede and replace any previous terms. You will be deemed to have read and agreed to these amended terms. Please ensure therefore that you check for modifications to these Terms when accessing the IMPERIAL SELECT Website or using any of the Services.
IMPERIAL SELECT Call Centre: IMPERIAL SELECT has put in place the IMPERIAL SELECT call centre which is manned from 7:30am - 5pm Monday - Friday by dedicated IMPERIAL SELECT personnel who can answer any queries you may have about the Website and any of the online Services we offer. The IMPERIAL SELECT Call centre number to call is 012 003 1970.
Contact Details: You can register for the value-added services offered through the Website or contact us if you have any questions about our Services by:
Value-added services. Registration entitles you to:
Registration process. To register for any value-added service simply complete the online Registration Form and submit. Subject to the Security Measures below, IMPERIAL SELECT will email you confirmation of your registration (Registration Confirmation).
IMPERIAL SELECT advertises any vehicle for sale on the IMPERIAL SELECT Website as not checked until the owner of the vehicle enables the AA Test & Drive to test the vehicle by bringing the vehicle to one of the listed AA Test & Drive Centres and lists the vehicle as per the price suggested by our IMPERIAL SELECT staff. If AA Test & Drive in its sole discretion is satisfied with the results of the multi-point check, AA Test & Drive then proceed with a Vehicle Enquiry Report. Once this has been completed and the vehicle passes this test it is then listed as checked. IMPERIAL SELECT will advertise the vehicle on the IMPERIAL SELECT Website and the report containing the test results will be made available on test driving the vehicle
Once a buyer has found a vehicle on the Website, and applied online or through the call centre, a test drive will be booked and confirmed by our call centre.
To apply for either vehicle testing or a test drive, please contact the call centre. If, you arrange for someone other than yourself to drive your vehicle to one of the IMPERIAL SELECT Centres or to test drive a vehicle on your behalf, you will be prompted to accept the terms and conditions of the Waiver (no individual under the age of 18 and who does not have a valid South African or international driver's license may be authorised for this purpose. The onus is on you to ensure that these restrictions are observed).
The required fee must be paid directly to IMPERIAL SELECT before a booking can be made with AA Test & Drive or before arriving for the assessment. (Please note that these fees are non-refundable, even in the event that IMPERIAL SELECT pursuant to a vehicle testing, elects not to offer the vehicle for sale on the IMPERIAL SELECT Website or if a potential buyer chooses not to purchase a car that he/she has test driven).
IMPERIAL SELECT will accept your booking by contacting you telephonically and sending you an email, confirming the date and time of the multi-point check or test drive.
Prices for vehicles (including delivery costs, taxes and any other fees or costs) which can be bought online are displayed on the IMPERIAL SELECT Website. IMPERIAL SELECT uses all reasonable commercial efforts to post accurate prices. Value-Added Tax at the rate of 15% is charged on goods bought by South African residents. Should vehicles however be incorrectly priced on the IMPERIAL SELECT Website, the seller will not be obliged to sell his/her/its car at such incorrect prices, nor will IMPERIAL SELECT be liable to any potential purchaser for such mistake. In the event that the discrepancy between the online price and the actual price is material, IMPERIAL SELECT, and/or its holding or associated companies will only be liable to refund monies actually paid by the buyer for the vehicle in question, subject to return of the vehicle to the seller.
Vehicles are on offer until they are sold. IMPERIAL SELECT will take all reasonable commercial efforts to discontinue the offer as soon as a vehicle is no longer available, but IMPERIAL SELECT shall not be liable in the event that any vehicle is still being advertised on the IMPERIAL SELECT Website after it has been sold.
Placing a vehicle in the IMPERIAL SELECT parking lot without completing the purchase cycle does not constitute an agreement of sale between a purchaser and a seller and IMPERIAL SELECT and its holding and associated companies cannot be held liable if such vehicles are not available when the purchase cycle is completed later. IMPERIAL SELECT may remove such an item from the parking lot if the vehicle is no longer available for whatever reason.
Should you wish to make an offer on a vehicle, please contact our call centre on 0114530444
If you want to apply for vehicle finance, you may contact any IMPERIAL SELECT branch where you will be assisted by a Finance and Insurance Manager.
IMPERIAL SELECT will communicate the terms of your offer to a seller, IMPERIAL SELECT will then notify you of the buyers decision using the contact details on the Registration Form (Offer Confirmation). All parties must ensure that the relevant FAIS, FICA & NCA documents are present. The Finance & Insurance Business Manager at the dealership will assist in this regard.
The Sale Agreement between a buyer and a seller comes into full force and effect once IMPERIAL SELECT receives written confirmation that the agreement has been concluded and all monies due are paid.
Because of the difficulties inherent in IMPERIAL SELECT establishing the identity of online buyers and sellers and without detracting from the Security Measures described below, you hereby agree to be bound by all instructions, offers, applications and other forms of electronic communications which you send to IMPERIAL SELECT or through the IMPERIAL SELECT Website and which purport to originate from you or from an email address or mobile phone number which you provide in your Registration or any Application Forms (collectively Instructions).
You hereby indemnify IMPERIAL SELECT, its employees, directors, agents, representatives and Affiliated, Subsidiary and Holding Companies against any loss or damage , regardless of whether or not you did in fact authorise such instructions, with no liability of whatever nature attaching to the named parties above in regard thereto.
Risk in and to any vehicle purchased through the IMPERIAL SELECT Website passes to the buyer when the buyer signs the delivery receipt. Ownership of any vehicle passes to the buyer in respect of cash sales when IMPERIAL SELECT receives a confirmation of payment from the receiving bank. The passing of ownership in cases where the vehicle is financed is governed by the terms and conditions of the Financing Arrangement.
You can only pay IMPERIAL SELECT online for Service related fees in respect of listing your vehicle on the IMPERIAL SELECT Website by following the Proceed to Payment option. The following payment methods are available:
If you want to apply for insurance, you may contact our call centre to arrange for a Finance & Insurance Manager to call you.
Signature of the contract will only take place once any deposit that may be required, has been received and confirmed by the bank. This could take up to 72 hours depending on the method of payment. Physical delivery of the vehicle will only take place once a buyer has signed both his contract and his delivery receipt; the sellers keys will be handed over to IMPERIAL SELECT andIMPERIAL SELECT will hand over the keys to the buyer. IMPERIAL SELECT will ensure payment to the seller and collect money from buyer. Ownership of the vehicle passes from the seller to the buyer on the date and at the time of delivery.
Despite the fact that vehicles are tested, as envisaged in these terms, IMPERIAL SELECT, and its holding and associated companies does not guarantee vehicles bought through the IMPERIAL SELECT Website or . All such vehicles are offered in a specific condition as listed on the IMPERIAL SELECT website and you expressly agree to accept the vehicle in said condition 'as is' and IMPERIAL SELECT, and its holding and associated companies disclaims all warranties of whatever nature in relation to the vehicles sold through the IMPERIAL SELECT Website , including without limitation any warranty/guarantee that any vehicle:
Subject to certain Terms and Conditions and the payment of an Administration fee, any purchaser is entitled to cancel a Sale Agreement and related Finance Arrangements prior to taking delivery to such buyer of the vehicle in question, unless the buyer has financed the vehicle, in which case the Finance Cooling off period applies.
Finance Cooling off period is defined as when any credit agreement in respect of which the initiative emanated from any credit grantor or his manager, agent or employee, is signed by any credit receiver ,at a place other than the business premises where the credit grantor or his manager, agent or employee ordinarily carries on business, the credit receiver may within five days after the date of the credit agreement terminate it by notice in writing, delivered or sent by prepaid registered mail to the credit grantor, and by tendering the return of any goods delivered to him in terms of the credit agreement
No Fees or other monies paid when using the Services are refundable, even in the event that IMPERIAL SELECT, pursuant to a vehicle testing, elects not to offer the vehicle for sale on the IMPERIAL SELECT Website or if a potential buyer chooses not to purchase a car that he/she has test driven.
A history of all the online offers, applications, contracts, and payments that you make from time to time using your account number is available on request to IMPERIAL SELECT for a period of 6 months from the date when IMPERIAL SELECT receives your offer or payment, or confirms in writing receipt of any application or the conclusion of any electronic contract. The terms of all Finance Arrangements, Insurance Policies and Agreements of Purchase and Sale concluded through the IMPERIAL SELECT Website will be stored for a period of 6 months.
By providing your contact details when registering you agree that IMPERIAL SELECT may collect and process your data and thereafter send you emails, SMS'es and the like, using the contact details contained in your Registration Form. You are entitled to ask IMPERIAL SELECT at any time to remove you from its mailing list by logging such a request with IMPERIAL SELECT Call Centre or e-mailing email@example.com, a written request to that effect using the Contact Details. You acknowledge and agree that all electronic communications which you send to IMPERIAL SELECT from time to time (also those that take the form of agreements, notices and disclosures) satisfy all legal requirements as if they were in hard copy form, including the requirement where relevant that they be in writing.
Each paragraph is protected by copyright laws and may not be copied or used for reproduction in any manner unless arranged for in writing. All photographs on this website are copyrighted and for web browser viewing only.
IMPERIAL SELECT may during the course of your use of the IMPERIAL SELECT Website electronically collect store and process your personal information including your gender, country of residence, non-personal browsing habits and click patterns, e-mail address, IP address, ID number, and credit card and bank account details. This will be for the internal use of IMPERIAL SELECT and IMPERIAL SELECTonly and will under no circumstances be distributed to any other party unless agreed to by you in writing.
IMPERIAL SELECT will do all that is commercially and legally reasonable to protect such personal information from unauthorised use or disclosure.
The security, accuracy and integrity of the data on the IMPERIAL SELECT Website (including vehicle test results, users' personal financial information, and all other information stored on the databases that support the website (Website Data) is of material importance to IMPERIAL SELECT. IMPERIAL SELECT accordingly reserves the right to conduct whatever verification of your identity and details it deems appropriate prior to Registration Confirmation, and to use whatever technological and other measures it deems necessary to detect and prevent unauthorised access or attempts to gain unauthorised access to the Website Data or to restricted pages of the IMPERIAL SELECT Website. You hereby agree to allow IMPERIAL SELECT to take all reasonable steps to ensure the integrity and security of the Website Data and related back-office applications and agree to comply at your cost with all reasonable security measures which IMPERIAL SELECT may notify to you from time to time regarding access to the Website Data, including without limitation -
Any person who delivers or attempts to deliver any damaging code to the IMPERIAL SELECT Website or attempts to gain unauthorised access to any page on this site or to any Website Data shall be prosecuted and civil damages shall be claimed in the event that IMPERIAL SELECT or any of its customers suffers any damage or loss.
IMPERIAL SELECT warrants that the payment systems used on the IMPERIAL SELECT Website are sufficiently secure with reference to accepted technological standards at the time when you pay any Purchase Price, Deposit, Insurance Premium, Finance Instalment and/or Fees, given the type of transactions concerned.
While IMPERIAL SELECT makes available the Website Data and the Services to assist you, nothing contained on the IMPERIAL SELECT Website should be construed as any form of advice or as an offer or solicitation in relation to any vehicle whatsoever. You undertake not to rely on the Website Data (including without limitation any and all Test Reports) or other content of the website as the sole criterion in taking decisions or actions that may influence your financial position, but to exercise your own skill and judgment in placing reliance on the information and to consult an expert or professional where necessary.
Photographs of Advertised Vehicles - We require digital photographs of all the vehicles that are advertised online through the IMPERIAL SELECT Website. Photographs are taken during the Assessment or provided by the client depending on the package selected.
Improvements - IMPERIAL SELECT reserves the right at any time to change, improve, correct or discontinue without notice, any content, aspect or feature of the IMPERIAL SELECT Website and/or the Services, in its discretion, and to suspend or deny access to the IMPERIAL SELECT Website or any Service for any reason whatsoever.
Lawful use - IMPERIAL SELECT cannot screen or edit all the content available from the IMPERIAL SELECT Website and does not accept liability for defamatory, obscene or otherwise unlawful content. You are encouraged to inform IMPERIAL SELECT of any content that may be offensive or unlawful. You warrant in favour of IMPERIAL SELECT that -
General - All intellectual property rights not expressly granted are reserved and are protected from infringement by local and international legislation and treaties. The content of the IMPERIAL SELECT Website is provided solely for your private, individual use and you agree not to copy, reproduce, transmit, distribute, sell, publish, broadcast or in any other way disseminate the content or any part thereof. To obtain permission for the commercial use of any of the content on the IMPERIAL SELECT Website, please contact us using the Contact Details.
Copyright - Copyright of the content of the IMPERIAL SELECT Website and the databases and data accessible through the IMPERIAL SELECT Website, including without limitation all software, databases, text, graphics, icons, hyperlinks, designs and pricing information, vests exclusively in IMPERIAL SELECT and/or are licensed to IMPERIAL SELECT. You may download, view and print content from the IMPERIAL SELECT Website for private and non-commercial purposes only.
Trademarks - The trademarks, names, logos and service marks displayed on the IMPERIAL SELECT Website are the registered and unregistered trademarks of IMPERIAL SELECT and/or its Affiliated Companies. Nothing contained on the IMPERIAL SELECT Website should be construed as granting you any licence or right to use any trademark without the prior written permission by IMPERIAL SELECT.
Hypertext links to external websites - These may be provided for your convenience. Such websites are, however, beyond the control of IMPERIAL SELECT and IMPERIAL SELECT does not endorse, approve of or make any representation regarding the content and any advice, opinions, products and services offered via such websites. Use or reliance on any external links is at your own risk. When visiting external websites please refer to such sites' terms and conditions of use.
Hypertext links to the www.IMPERIAL SELECT.co.za website - No hypertext links of whatever nature may be created to the IMPERIAL SELECT Website or any of its pages from any website, and no pages comprising this site may be framed and no technology may be used to search and gain any information from this site, without the prior written consent of IMPERIAL SELECT. Please contact us for such consent using the Contact Details or phoning the call centre.
No warranties - While IMPERIAL SELECT makes every reasonable effort to ensure that the Website is available 24/7 and that the Website Data and other information we make available to you via the IMPERIAL SELECT Website is reliable, complete and up-to-date or, where applicable, is compiled from sources we believe to be reliable and accurate, complete and up-to-date, the IMPERIAL SELECT Website and all its content, together with the Services, are provided as is. Save as set out in these Terms, IMPERIAL SELECT makes no representations and provides no warranties or guarantees of whatever nature regarding the IMPERIAL SELECT Website, its availability, content and/or the Services. In particular, IMPERIAL SELECT does not warrant or guarantee -
Own reliance - Your use of the IMPERIAL SELECT Website and your use of and reliance on Website Data or any part thereof is at your own risk. You remain solely responsible for your instructions, the use of your password, and the lawfulness and soundness of any decision you make or action you take as a result of your use of the IMPERIAL SELECT Website, the Services and the Website Data. You also remain responsible for ensuring adequate protection and back-up of data and for taking reasonable and appropriate precautions against viruses and other malicious programs.
Indemnity - Without prejudice to any of the rights of IMPERIAL SELECT at law or under these Terms, you will have no claim against and hereby indemnify IMPERIAL SELECT, , their directors, employees, agents, representatives or Affiliated Companies against any loss or damages of whatever nature and howsoever arising which IMPERIAL SELECT or any third party may suffer or incur arising out of your use of the Website Data, the Services and/or the IMPERIAL SELECT Website, including without limitation:
IMPERIAL SELECT will not be liable to you or any third party and you hereby waive whatever claims you may have against IMPERIAL SELECT, their directors, employees, agents, representatives or Affiliated Companies for any expense, loss or damage of whatever nature that you may suffer or sustain as a result of or arising from:
You acknowledge and agree that IMPERIAL SELECT provides this Portal for free and the Value-Added Services at a nominal fee in reliance upon this Disclaimer and that the provisions of this Disclaimer are material to the agreement between us and will survive the termination of these Terms for whatever reason.
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the IMPERIAL SELECT Customer Relations Department, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Subject to the foregoing, you hereby consent to the jurisdiction of the Witwatersrand Local Division of the High Court of South Africa in respect of any disputes arising in connection with these Terms, or any matter related to or in connection therewith.
These Terms (including any document such as the Registration Form, the Financing Terms and Conditions, the Financing Arrangement, the Insurance Terms and Conditions and the Insurance Polices referred to and incorporated herein by reference) constitute the sole record of the agreement between you and IMPERIAL SELECT in relation to the subject matter hereof. Neither you nor IMPERIAL SELECT shall be bound by any express tacit nor implied representation, warranty, promise or the like not recorded herein. These terms supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and IMPERIAL SELECT in respect of the subject matter hereof. No indulgence or extension of time which either you or IMPERIAL SELECT may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
You are not entitled to cede, assign and delegate any of your rights or obligations in terms of these Terms to any third party without the prior written consent of IMPERIAL SELECT.
All provisions of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these Terms which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.
Should IMPERIAL SELECT be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as IMPERIAL SELECT is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than fourteen days after it has first occurred then IMPERIAL SELECT shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An event of force majeure shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, virus attacks, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.
IMPERIAL SELECT registration number: 1998/010738/07
Membership of self-regulatory, regulatory / accreditation bodies. DMA is a unified and representative self-regulatory body and non-profit organisation promoting the interests of direct marketers and their consumers.
Please contact one of our nearest branches for more detail regarding our fee schedule or contact our call centre on 0114530444
All prices are quoted inclusive of VAT at 15%.
*Amounts invoiced as Registration & Licensing fees are for services performed by IMPERIAL SELECT on behalf of the client in registering and licensing the vehicle within the municipal area of the IMPERIAL SELECT performing the service. Should IMPERIAL SELECT agree to undertake the registration and licensing of the vehicle outside of this area, the additional costs incurred by IMPERIAL SELECT in this regard shall be for the client's account. The pricing quoted above includes - where applicable - all government fees and service fees.
Copyright (c) September 2010 Motus Corporation (Pty) Ltd All Rights Reserved.