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Terms and Conditions

TRANSACTIONAL TERMS AND CONDITIONS 

1.Terms of Use

  1. Welcome to the Builders website at www.builders.co.za (“Website”). Please take a moment to read these online shopping terms and conditions including our policies (collectively the “Terms”) to understand how they apply to your use of our Website and any products that you may order online.
  2. Use of and/or registration on any aspect of the Website will constitute your agreement to comply with these terms. If you have any questions regarding our Website, the terms, products or services, please email info@builders.co.za to contact us. 

 2. Definitions

  1. These Terms may contain a number of terms and phrases which have a specific meaning in this document.  In these Terms, headings are for convenience and shall not be used in its interpretation.
  2. Unless we indicate to the contrary in these Terms, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.
  3. The following expressions shall bear the meanings assigned to them below and related expressions shall bear corresponding meanings –
    • “access” when used in the context of –
    • a website, means to visit, use, load in a web browser, mobile phone or similar software application or device or otherwise engage with a website;
    • content, means to copy, download, view, modify, adapt, load in a web browser, mobile phone, software application or device or to otherwise engage with and/or manipulate such content; 
    • “content” means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your access to the Website; 
    • “Deposit Account” means the deposit account which a Customer may have been granted by Builders which is subject to various terms and conditions, which you have agreed to when opening up the Deposit Account; 
    • “intellectual property” means, collectively, the patents, copyrights (and moral rights), trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, know-how, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which we own, license, use and/or hold (whether or not currently) on or in connection with the Website; 
    • “PayU” means the service provider who shall be processing the payments made by the Customer to Builders by means of a credit card or EFT purchase via the Website.
    • “Product” means the products which can be purchased on the Website in terms of these Terms; 
    • “Terms” means these terms and conditions in respect of online shopping, as amended from time to time read together with the website Terms and Conditions , including the Website Disclaimer, Privacy Policy  and Email Disclaimer;
    • “Trade Account” means a 30 (thirty) day incidental credit account, which a Customer may have been granted by Builders, which is subject to various terms and conditions, which you agreed to when opening up the Trade Account;
    • “trademarks” means those trademarks we own (or which we are designated as beneficial owner of) and any other trademarks, designs, logos, style names, tag lines and slogans which we own or have the right to use or any derivative service offerings of, and applications for, any of same; 
    • “you”, “your”, “Users” and “Customers” means the Website’s users who are purchasing Products on the Website; 
    • “us”, “we” and “Builders” means Massbuild Proprietary Limited, registration number 2004/035206/07, a private company duly incorporated in accordance with the company laws of the Republic of South Africa (including our affiliates and subsidiaries); and
    • “Website” means the Builders website at www.builders.co.za. 
  4. Any reference in these Terms to a party shall, if such party is liquidated or sequestrated (the meaning of which includes any analogous proceedings in any other jurisdiction), be applicable also to and binding upon that party’s liquidator or trustee, as the case may be.
  5. When any number of days is prescribed such number shall exclude the first day and include the last day unless the last day falls on a Saturday, Sunday or gazetted public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday in the Republic of South Africa;
  6. All annexures, addenda and amendments to these Terms form an integral part of these Terms and, therefore, our contract with you.

3. Online registration

  1. Registration as a purchaser on the Website is free and does not oblige you to purchase anything. You must register with Builders before placing your first order online. 
  2. Registration and/or use of our Website constitute your acceptance and agreement to be bound by the terms of our Website.
  3. To register you will be required to provide certain personal information which is protected by our privacy policy
  4. When registering with Builders as a purchaser, you will be required to provide an email address and a password which will be used as your username for the Website. Please keep your password private as Builders accepts no liability for any damages suffered or losses incurred from the use or misuse of your account. Your password must consists of a minimum 8 (eight) characters which must include a mininum 1 (one) capital letter, 1 (one) number and 1 (one) special character. 
  5. You will be required to enter your email address and password each time you visit our Website. To amend any registration particulars please click on “My Account” > “My Profile” where you can edit your details. 
  6. In registering as a purchaser you are required to provide Builders with complete and accurate information about yourself. By doing so you warrant that the information provided is correct. Upon acceptance of your registration, you will receive an email confirming your registration as a purchaser on the Website. 

4. Product Images, Representation and Product Description

  1. Builders has made every effort to display the Products on the Website as accurately as possible, including:
    • the images that represent a visual depiction of the Product; 
    • features and descriptions that pertain to the Product; and
    • specifications in respect of the Product;
    • however, the actual Product delivered may be subject to variations in appearance, as the Product’s packaging may differ over time. 
  2. It remains your responsibility to ensure that the Products ordered and delivered are correct, and the product description and/or model number will always overrule any related images when resolving a dispute about a Product.
  3. As the actual colours you see will depend on your computer's monitor Builders cannot guarantee that your monitor's display of any colour will be accurate.
  4. Images of Products may include ancillary items which are sold separately and you will be required to place an additional order for such ancillary items. 
  5. Builders may suggest, from time to time, related Products to the Product that you are viewing on the Website. These related Products are only indicative and not an exhaustive list. Builders shall not be liable in the event that you purchase a related Product which you do not require and/or is not suitable for your specific requirements. 
  6. If you are not satisfied with the Products delivered then you may return such Products subject to Builders return and refund policy, as amended, from time to time. 

5. Obvious errors

  1. Builders will not accept any orders where Builders identifies an inadvertent and obvious error in the prices of Products or the description of any of the Products on the Website. 

 6. Product pricing and availability

  1. The Products displayed on the Website are subject to availability and will be delivered within the Republic of South Africa only, within the areas as determined by Builders from time to time. 
  2. You will be required to select your fulfilment Store from which the Products will be Purchased. Available delivery areas are identified at the checkout process and subject to the area of the fulfilment Store which you have selected, when the delivery address is entered. 
  3. You may order Products from more than 1 (one) store, but additional delivery fees will be incurred. 
  4. It is your responsibility to ensure that the delivery address, including suburb and postal code, is correct. Builders will not be liable for any Products or additional costs which may be incurred as a result of Products delivered to an incorrect address which is provided by the customer. 
  5. All prices displayed on the Website are valid and effective only in the Republic of South Africa for the day that they are viewed. Builders reserves the right, without prior notice, to discontinue or change pricing or specifications of products offered on this Website without incurring any liability whatsoever.
  6. Builders cannot guarantee availability of stock but will endeavour to source stock where possible to fulfil your order. Where items cannot be delivered, Builders will endeavour to contact you based on the information provided at registration, and either offer the option to cancel the order or reduce the quantities, where applicable. If Builders is unable to supply each and every item ordered or in the quantities ordered and cannot contact you then you nevertheless agrees to accept delivery and make payment for those items correctly delivered.
  7. You will be charged the prices that are reflected on the Website, subject to availability. The prices include Value-Added Tax. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations. 
  8. Builders pensioners discount is not applicable to Website generated sales. Should you wish to utilise the pensioners discount you will be required to visit our Stores on a Wednesday and subject to the pensioners discount terms and conditions, as determined by Builders from time to time. 

 7. Methods of payment 

  1. Prior to delivery or confirmation from Builders that the Products are ready for collection by you, Builders shall be entitled to either: 
    • debit the credit card supplied by you on acceptance of your order should you be paying with a credit card; or
    • debit the Trade Account on acceptance of your order should you be paying with a Trade Account; or
    • debit the Deposit Account on acceptance of your order should you be paying with a Deposit Account; or
    • process the order once Builders has received a successful confirmation of payment, should you be paying by EFT.
  2. All payments made by a credit card or EFT shall be processed by PayU and Builders. Your credit card details and personal information shall be provided by you to PayU in order for the payment transaction to be processed. 

8. 3D Secure

  1. When using your credit card for online shopping, Builders, through PayU, may use 3D Secure as an additional security measure should your issuing bank supports it. 
  2. 3D Secure will authenticate your personal details and will authorise payment for online shopping. If your issuing bank supports 3D Secure but you have not activated it, you will be redirected during the payment process to set it up.

 9. Orders

  1. By submitting an order to buy Products, you:-
    • represent and warrant that you are over the age of 18 (eighteen) years;
    • represent and warrant that you are authorised to place the order, make payment for the order and that there are sufficient funds available on your credit card, Trade Account or Deposit Account, if you are paying via any of these payment mechanism;
    • represent and warrant that, if paying via EFT, that you have followed the payment instructions provided by PayU;
    • consent to us providing your personal information to our third party payment provider, namely PayU, which is necessary to enable Us to perform our obligations in terms of this Agreement. 
  2. In order to protect our interests as well as yours, we may, but are not obliged to do so, scrutinise transactions to prevent fraud. Any transactions may be refused by Builders if Builders is not satisfied that it is legitimate. 
  3. You may pay for the Products by using a valid Master or Visa Credit Card, EFT, Trade Account or Deposit Account. No other method of payment, including gift vouchers, will be accepted by Builders in respect of the purchase of Products on the Website. 
  4. In placing an order you will be required to select whether the Products ordered will be collected from the selected Store or whether you would like Builders to deliver the Products to your specified delivery address. 
  5. In the event that you wish to change your order from a collection to a delivery, Builders will charge you an additional delivery fee.  
  6. All your orders placed through the Website can viewed under the “My Profile”  > “Order History” tab. 
  7. On receipt of your order, Builders will send you an email describing the Products that you have ordered on the Website and a sms confirming the order number. This email shall confirm that Builders has received your order, but does not represent any acceptance of your offer to purchase the Products contained in that order. 
  8. Builders is not legally obliged to provide the Products to you during the offer process.
  9. The contract of sale between you and Builders will only be completed when Builders dispatches the Products to you. Any Products on the same order which have not been dispatched to you do not form part of that contract. 
  10. Delivery and collection dates are only estimates, and as your order is processed you will be informed you if any outstanding Products on your order are unavailable or delayed for any reason.

10. Delivery

  1. Builders shall only deliver to certain areas. If Builders does not deliver to your area, you may collect the Products from the Store directly. 
  2. A delivery fee will be charged for each delivery order placed by you. Builders delivers from Monday to Friday, 08h00 to 17h00 on Saturday between 08h00 and 13h00. Builders does not deliver on Sundays and any South African public holiday. Should it be unavoidable for us to exceed these delivery times, you will be notified either telephonically or electronically. 
  3. In the event that you request your order to be delivered to multiple addresses, you will be charged additional delivery fees. 
  4. Builders and/or the Delivery Service Provider may be required to make multiple deliveries to your delivery address. In the event that Builders and/or the Delivery Service Provider elects to make multiple deliveries of your order, then you will not be charged any additional delivery fees. You will be advised by Builders of multiple dispatches to your delivery address. 
  5. You must ensure that the correct delivery address is provided to Builders and Builders shall not be liable for any deliveries made to an address incorrectly provided by you. 
  6. You hereby authorise Builders to provide your personal information, including your name, delivery address and telephone number to our third party service provider (“Delivery Service Provider”) for the purpose of effecting the delivery. 
  7. Builders and/or the Delivery Service Providers deliver to registered customers within certain specified delivery areas. Deliveries to outlying areas shall attract an additional surcharge that will be calculated on checkout. An outlying area refers to a suburb or town that falls out of any regional town/city or main center. Outlying areas include farms, mines and townships.
  8. Builders and/or the Delivery Service Provider may contact you regarding your orders from time to time. 
  9. On each delivery of the order to the specified delivery address, you will receive a delivery note from either Builders or the Delivery Service Provider, showing the items delivered. 
  10. For verification purposes, the person accepting delivery at the delivery address will be required to produce a form of identification. Any person other than yourself who receives the Products at the delivery address is presumed to be authorised to accept delivery on your behalf. 
  11. Should no-one be in attendance at the delivery address specified by you at the time of delivery, the driver will return the Products. Builders or the Delivery Service Provider will attempt to contact you to make new arrangements for delivery. Builders reserve the right to charge an additional delivery fee should it be required under these circumstances. Builders’ sole liability for failing to deliver the Products timeously is limited to delivery being affected at a later agreed time and at no additional charge. 
  12. Builders or the Delivery Service Provider shall not be liable for any losses or damages suffered by any person, including you, as a result of any act or omission by Builders or the Delivery Service Provider in delivering the Products to the delivery address. 
  13. Builders will deliver to the pavement of your allocated delivery address. It is your responsibility to ensure that you have made arrangement to accept delivery and storage of the Products. Builder shall not dismantle or assemble any Products for you, nor shall Builders connect any appliances, fixtures or fittings for you. 
  14. You warrant that the delivery address is suitable for entry by Builder’s and/or its Delivery Service Provider’s vehicles and should a claim arise from damage to items such as driveways, overhead cables or walls, then you will be liable for such damages. 

11. Click & Collect

  1. To collect in-store, place your order online as normal and select the “collect” option instead of entering your delivery details.
  2. Products may only be picked up from your chosen fulfilment Store upon presentation of a valid order number, which can be printed either once your payment is complete, or in your Online Order history. 
  3. All orders must be collected within 7 (seven) days from the store, failing which, Builders cannot guarantee the availability of such Products. 

 12. Order Tracking

  1. You can track the status of your order by logging into your account and by clicking on “My Account” > “My Profile” > “Order History” which is under your personal account. Once you have selected the order that you wish to track you will be able to see if your order has been received by Builders, if it has been delivered to you and if it has arrived at the store of your choice for you to collect. The order history shall only track your online transactions and not any purchases made in store. 
  2. Builders will also send you e-mails and/or SMS's to advise you on the progress of your order. You can call us on 0860 284 533 to enquire about your order. 

 13. Cancellation

  1. If for any reason you would like to cancel an order or any part thereof, this may be done by contacting our Contact Centre on 0860 284 533. You will only be able to cancel orders up to midnight on the day prior to the date of delivery. 
  2. You may return a Product, at your cost, to any Builders store provided you have the original invoice/proof of purchase and have complied with the required terms and conditions. Please refer to the Builders return and refund policy. 

14. Refunds

  1. Builders will refund a purchase for the exact amount paid less any delivery costs already incurred by Builders;
  2. Refunds will only be processed in accordance with the refund and returns policy, and in the payment method that was used when the order was created, and into the account it was paid from e.g. credit card, EFT or credit the Trade Account or Deposit Account. 
  3. Builders, in its sole discretion, reserves the right to refund a maximum of R10 000.00 (ten thousand rand) in cash to you or such other amount as determined by Builders, which cash payment will only be made at the store. 
  4. Builders reserves the right to effect any refund in the exact manner in which you purchased the Products (for example, cash received refunded in cash and electronic funds transfer back into the account from which the deposit was initially received). 
  5. A refund can take up to 7 (seven) business days to reflect in your account, and EFT refunds are subject to verification of your banking details.

 15. Risk and Ownership

  1. Risk in the Products shall pass to you by acceptance of the Products by your authorised representative on delivery or collection. We will retain ownership in the Products until payment has been received in full. In respect of Deliveries, ownership will pass on offloading of the Products to the pavement. 

 16. Reviews of Products

  1. You may review any of the Products on the Website. 
  2. Builders reserves the right to amend or delete any reviews which are deemed, in Builder’s discretion, to be defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's personality rights. 
  3. By submitting a Product review, Builders may contact you in order to obtain further feedback from you in order to improve Products and services. 

 17. Collection of Cookies

  1. A cookie is a piece of information that is deposited on your computer's hard drive by your web browser when you use our computer server.
  2. The cookies enable us to recognise you and give us information about your previous visits. Most browsers accept cookies automatically, but usually you can alter your settings to prevent automatic acceptance. If you choose not to accept cookies, this may disable some of the features of our Website.
  3. The information that we collect and may share with our advertisers is anonymous and not personally identifiable. It does not contain your name, address, telephone number or email address. Read the Builders Cookie Policy

 

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