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Terms & Conditions

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TERMS OF USE 

Version date: 28 December 2020
Please pay special attention to clauses which are in bold as these are important clauses of these Terms, which may limit our responsibility or involve some risk for you.  Some of these provisions limit our risk and liability, require you to indemnify us or to assume risk and liability or acknowledge certain facts.

1.    INTRODUCTION 

1.1.    Welcome to the Builders website ("Website"). Please take a moment to read these online terms and conditions including our policies (collectively referred to as the "Terms") to understand how they apply to you, the customer (“you”) and your use of our Website and any products (“Products”) or services (“Services”) that you may order online.
1.2.    These Terms constitute the whole agreement between you and us relating to your access to the Website. Each time you access the Website you agree to be bound by the version of the Terms posted on the Website at the time. You are advised to regularly check these Terms for any amendments. By accessing the Website and/or registering on the Website, you agree that you have read and understand these Terms and agree to be bound by them without any modification by you. 
1.3.    In accessing the Website you represent and warrant that you have legal age and capacity to enter into a binding contract with us.  
1.4.    If you violate or do not agree to these Terms, then you should no longer access this Website and your use of this Website is unauthorised.  
1.5.    No provision in these Terms is to be interpreted or construed as excluding or waiving any rights which you may have in terms of the ECT Act, the CPA, as such Acts may be amended from time to time or any other applicable laws. 
1.6.    If you have any questions regarding our Website, the Terms, our Products or Services, please contact us.
1.7.    In using this Website you may access some of its content and transmit your content to us. These Terms include details of the licenses we apply to our content and which we require you to apply to your content when transmitted or otherwise made available to us.

2.    DEFINED TERMS

2.1.    The following expressions shall bear the meanings assigned to them below and related expressions shall bear corresponding meanings –
2.1.1.    “access” when used in the context of –
2.1.1.1.    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;
2.1.1.2.    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; 
2.1.2.    “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; 
2.1.3.    “CPA” means the Consumer Protection Act, 2008;
2.1.4.    “data message” has the meaning assigned to it under ECT Act; 
2.1.5.    “Deposit Account” means the account which you may have been granted by Builders which is subject to various terms and conditions as set out in clause 32 below and will allow you to purchase Products on the Website or in store against funds which have been deposited into the Account and you will be furnished with a Builders deposit account card;
2.1.6.    “ECT Act” means the Electronic Communications and Transactions Act, 2002;
2.1.7.    “intellectual property” means, collectively, the patents, copyrights (and moral rights), trade marks, 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; 
2.1.8.    “know-how" means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secrets and other processes and methods we use in connection with the Website, as well as, all available information regarding marketing and promotion of the products and services described in these terms of use, as well as all and any modifications or improvements to any of them; 
2.1.9.    “PayU” means the service provider who shall be processing the payments made by you to us by means of a credit card or EFT purchase via the Website;
2.1.10.    “Online Account” means your online customer profile account against which account you can transact online or in store, subject to these Terms;
2.1.11.    “post” means to upload, publish, transmit, share or store; 
2.1.12.    “Product” means the products which can be purchased on the Website in terms of these Terms and “Products” shall have a similar meaning; 
2.1.13.    “Terms” means these terms and conditions of use, as amended from time to time including our polices referenced throughout the Website, which includes but is not limited to our Email Disclaimer and Privacy Policy;
2.1.14.    “trade marks” means those trade marks we own (or which we are designated as beneficial owner of) and any other trade marks, 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; 
2.1.15.    “third party website” means any website which is not owned or controlled by us;
2.1.16.    “you” and "Users" means the Website’s users; 
2.1.17.    “us”, “we” and “Builders” means Builders, a division on Massmart Retail (Pty) Ltd, registration number 2008/011666/07, a private company duly incorporated in accordance with the company laws of the Republic of South Africa (including our affiliates and subsidiaries);
2.1.18.    “Website” means the Builders website at www.builders.co.za;
2.2.    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.
2.3.    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;
2.4.    All annexures and amendments to these Terms form an integral part of these Terms and, therefore, our contract with you.

3.    WE MAY CHANGE ASPECTS OF THE WEBSITE

3.1.    We may add new features and modify or even discontinue existing features without notice to you and in our sole discretion.  You agree to this.
3.2.    You are free to stop accessing the Website at any time without notifying us.  Doing so will not affect the results of, or remove the effects of your access to the Website.  

4.    DEALINGS WITH THIRD PARTIES

4.1.    Links to and from the Website from and to other websites belonging to or operated by third parties do not constitute our endorsement of such third party websites or their contents nor do we necessarily associate ourselves with their owners or operators.  You are solely responsible for identifying and familiarising yourself with any terms and conditions which will govern your relationship with such third party/ies.
4.2.    We have no control over third party websites and you agree that we are not responsible or liable for any content, information, goods or services available on or through any such third party websites or for any damage, damages or any other loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any such third party websites. You further agree that where you access third party websites, you do so entirely at your own risk.

5.    PERSONAL INFORMATION

5.1.    We shall take reasonable steps to protect your personal Information.  Details of what personal information we collect, what we do with it and what you should know about submitting personal information when you access the Website can be found in our Privacy and Cookies Policy.  We recommend you read our Privacy and Cookies Policy very carefully before you access the Website. 
5.2.    We may ask you to submit your personal information to us through the Website in order to access aspects of the Website or make use of services we offer on or through the Website.
5.3.    You warrant that the personal information you submit is accurate, current and complete.  You will be denied access to the Website should you breach this warranty or subsequently be found to have breached this warranty.
5.4.    We may take steps to verify your personal information which you submit to us. You irrevocably consent to this verification process.  You acknowledge and agree that your access to the Website may be limited until such time as the verification process has been successfully completed.
5.5.    Should you not agree to the verification process or withhold your consent as contemplated above, your access to the Website, generally, may be suspended or terminated and you waive any claims you may have against us, our officers, directors, employees, servants, agents and/or contractors arising out of our denial of access to you to the Website.

6.    COLLECTION OF COOKIES

By using this site, you agree to our Privacy and Cookies Policy. 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. 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. 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.

7.    ACCEPTABLE USE

7.1.    You may not access the Website for or in conjunction with any illegal, unlawful or immoral purposes or as prohibited by these Terms.
7.2.    You may not frame the Website in any way whatsoever without our prior written permission.  
7.3.    Recognising the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding your conduct on the Website.
7.4.    You agree to adhere to generally acceptable Internet and e-mail etiquette and that you will not upload, post or otherwise transmit any content that includes but is not limited to any of the following:
7.4.1.    engage in any abuse of e-mail or spamming/unsolicited communications, including advertisements for other websites and/or services, chain letters, pyramid schemes, polls or petitions;
7.4.2.    take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through the Website;
7.4.3.    use the Website to post or transmit anything which is 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;
7.4.4.    use the Website in a manner that may infringe the intellectual property rights (for example copyright or trade marks) or other proprietary rights of others;
7.4.5.    use the Website to post anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
7.4.6.    gather e-mail addresses and/or names for commercial, political, charity or like purposes or use the services to collect or attempt to collect personal information about third parties without their knowledge or consent;
7.4.7.    violate the privacy of any person in any way including, but not limited to, sharing any person’s personal information without their consent to do so;
7.4.8.    attempting to gain unauthorised access to the Website or any other network, including (without being limited to) through hacking, password mining or any other means; 
7.4.9.    otherwise use the Website to engage in any illegal or unlawful activity.
7.5.    Should you engage in any one or more of the above practices, which shall be determined in our sole discretion (and which decision shall be final), then we shall be entitled, without prejudice to any other rights we may have, to:
7.5.1.    without notice, suspend or terminate your access to the Website;
7.5.2.    hold you liable for any costs we incur as a result of your misconduct; and/or
7.5.3.    notwithstanding our Privacy and Cookies Policy referred to above, disclose any information relating to you, whether public or personal, to all persons affected by your actions where we are compelled by law to do so.

8.    LICENSE TO USE:

8.1.    Our license to you:
8.1.1.    We grant you a personal, non-commercial, revocable, worldwide, royalty-free, non-transferrable and non-exclusive license to access our content on the Website.  This license is for the sole purpose of enabling you to access the Website, in the manner permitted by these Terms.  In the event we revoke this license, you may no longer access the Website.
8.1.2.    Unless we have given you specific written permission to do so, you may not transfer, through an assignment of rights, sub-license or otherwise, your rights to access the Website.
8.1.3.    To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any content is expressly permitted (such permission to be interpreted in its most restrictive sense) you may do so, provided that all trade marks, trade names, copyright, ownership, proprietary and confidentiality notices as are included on the original content are retained and displayed without alteration or modification and not in any manner obscured or removed.
8.1.4.    You acknowledge that you do not acquire any ownership rights or rights of use in or to any content by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that content except where explicitly permitted to do so in these Terms or otherwise in writing from us.
8.2.    Your license to us:
8.2.1.    In the event you post any content on, to or through the Website, you grant us a non-exclusive, fully-paid, royalty free, transferrable and worldwide license to moderate, use, modify, delete from, add to, publicly perform, publicly display, reproduce or distribute such content solely on or through the Website including without limitation, distributing part or all of your content in any media formats and through any media channels and make use of the content in our advertising campaigns.
8.2.2.    The license you grant to us means that - 
8.2.2.1.    you are free to license your content to anyone else in addition to us;
8.2.2.2.    we are not required to pay you for the use of the content you post to the Website;
8.2.2.3.    we may make commercial use of your content;
8.2.2.4.    we are able to use our affiliates, sub-contractors and other partners such as Internet content delivery networks and wireless carriers to make the Website available; and 
8.2.2.5.    the license extends to anywhere in the world because of the global nature of the Internet and the fact that our users can access the content from anywhere in the world.
8.2.3.    Because you can only lawfully license content you have certain rights in, you represent and warrant that: 
8.2.3.1.    you own the content you post to or through the Website or otherwise have the right to grant the license set forth in this section, and 
8.2.3.2.    posting your content to or through the Website does not violate the privacy rights, publicity rights, intellectual property rights or copyright, contractual rights or any other rights of any person or entity. 
8.2.4.    You also agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any content you post to or through the Website.

9.    INTELLECTUAL PROPERTY

All intellectual property rights, including copyright, in all materials, including trademarks, logos, photographs, images, text and other graphics which form part of the Website are owned by Builders alternatively Builders is the lawful licensee thereof. Such rights are protected by both South African and international intellectual property laws. All data and information communicated to or from the Website and/or any Website information as well as the database is the sole property of Builders.

10.    WE MAY MONITOR YOUR COMMUNICATIONS

10.1.    Subject to the provisions of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002 ("RIC Act") you agree to permit us to intercept, read, disclose and use all communications you send or post to us or the Website or using the Website and/or to our staff and/or employees.
10.2.    We reserve the right to block, filter and/or delete all communications you send or post to us or the Website or using the Website and/or to our staff and/or employees. We also reserve the right to remove any communications upon the request of any third party.
10.3.    You agree and acknowledge that the consent you provide above satisfies the “writing” requirement specified in the Electronic Communications and Transactions Act, 2002 ("ECT Act") and in the RIC Act.

11.    COMPLAINTS PROCEDURE 

11.1.    If you are of the view that your rights have been infringed through the unlawful use of the Website, access by other Website users or third parties, you may address a complaint to us by emailing info@builders.co.za or calling us directly on +27 860 284 533. Please include the following information in your complaint which may be of assistance in resolving the problem:
11.1.1.    the full names and address of the complainant; 
11.1.2.    the written or electronic signature of the complainant; 
11.1.3.    identification of the right that has allegedly been infringed; 
11.1.4.    identification of the material or activity that is claimed to be the subject of unlawful activity; 
11.1.5.    the remedial action required to be taken by us in respect of the complaint; 
11.1.6.    telephonic and email contact details, if any, of the complainant; 
11.1.7.    a statement that the complainant is acting in good faith; 
11.1.8.    a statement by the complainant that the information in the take-down notification is to his or her knowledge true and correct;
11.1.9.    please quote any order/ reference number allocated to you in respect of said complaint.
11.2.    We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where necessary.  Such action may include, but is not limited to, removing the offending content from the Website and/or appropriate action taken against the relevant user and/or third party.
11.3.    You further have the right to submit your complaint to the Consumer Goods and Services Ombud ("Ombud") and may proceed to contact the Ombud via the following details:
•    Sharecall: 086 000 0272
•    Website: www.cgso.org.za
•    Email: complaints@cgso.org.za

12.    WARRANTIES, LIMITATIONS OF LIABILITY AND INDEMNITIES 

12.1.    To the fullest extent permissible by law, we make no representations and give no warranties of any kind, whether expressly or implied, including without limitation to the implied warranties that:
12.1.1.    the content published to the Website is fit for any purpose; or
12.1.2.    your access to the Website will be uninterrupted and error-free.
12.2.    Although we take steps to verify information presented on or through the Website, we do not warrant the accuracy or reliability of any advice, opinion, statement, or other information contained in, displayed on, linked to or distributed through the Website that we and/or other users may publish to the Website.  You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. 
12.3.    Whilst we take reasonable precautions in our operation of the Website, neither we or our agents or representatives will assume any responsibility and disclaim all liability for any loss, liability, injury, expense or damage, whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable) of any nature arising from negligence and which is suffered by any person who accesses, uses or relies on the Website or any of its content. Without limiting the generality of this paragraph, we will not be responsible for any loss, liability or damage of any nature incurred by whomever and resulting directly or indirectly from:
12.3.1.     viruses that may infect your computer equipment or software or other property when you access the Website.  Any content you access through the use of the Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from accessing the Website;
12.3.2.    the unavailability of, any interruption in or your use of the Website access (either in part or as a whole) for any reason whatever.
12.4.    You hereby indemnify us and our directors, officers, employees, servants, agents and/or contractors and/or other persons for whom in law we may be liable from any loss, damage, damages, liability, claim or demand due to or arising out of your access to or use of the Website or your breach of these Terms.

13.    GOVERNING LAW AND JURISDICTION

13.1.    The Website is controlled and maintained from our facilities in Johannesburg, South Africa. You irrevocably agree that the law of the Republic of South Africa shall govern your access to the Website and these Terms.
13.2.    You consent to the jurisdiction of the South African courts in respect of disputes which may arise out of your access to the Website and these Terms.

14.    LEGAL SERVICE OF DOCUMENTS AND NOTICES

14.1.    We choose the addresses set out in clause 17 below for all communication purposes under these Terms, whether in respect of court process, notices or other documents or communications of whatsoever nature.
14.2.    You agree that we may, but are not obliged to, serve notices or other documents or communications on you using your email address.  In such cases, you agree further that our notices or other documents or communications will be deemed to have been served on you no later than 24 hours after the notices or other documents or communications were sent.

15.    SEVERABILITY

Any provision in these Terms which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as if it were not written and severed from these Terms, without invalidating the remaining provisions of these Terms.

16.    TERMINATION

16.1.    If you breach any of these Terms, we may immediately, automatically and without notice to you, terminate your access to our Website, and/or prohibit your future access to the Website, and/or take appropriate legal action against you, without incurring any liability to you of any nature whatsoever and howsoever arising.
16.2.    The termination of the Terms will be without prejudice to any other rights that we may be entitled to under these Terms or at law, and will not affect any accrued rights or liabilities, nor the coming into or continuance in force of any provision of the Terms which is expressly or by implication intended to come into or continue in force on or after such termination.

17.    DISCLOSURES REQUIRED BY THE ECT ACT

17.1.    Access to the content, Website and/or competitions available on or through the application are classified as “electronic transactions” in terms of the ECT Act and therefore you have the rights detailed in Chapter VII of the ECT Act and we have the duty to disclose the following information:
17.1.1.    Our full name and legal status: Builders, a division of Massmart Retail (Pty) Ltd (Registration Number: 2008/011666/07)
17.1.2.    Street address:  16 Peltier Drive, Sunninghill, Extension 6
17.1.3.    Postal address:  Private Bag x4, Sunninghill, 2157
17.1.4.    Telephone number:  +27 860 284 533 
17.1.5.    Physical address for receipt of legal service:  16 Peltier Drive, Sunninghill, Extension 6
17.1.6.    Main business:  Collection and Processing of data for retail/wholesale purposes
17.1.7.    Website address:  www.builders.co.za.  
17.1.8.    Official email address:  info@builders.co.za
17.1.9.    Governing terms of use:  These Terms
17.1.10.    Price of Products/services offered on website: Please refer to the page of the Website describing the Products/Services offered
17.1.11.    Manner of payment: Please refer to the page of the Website describing the different payment options
17.1.12.    Returns and Refunds: Please refer to our Returns and Refunds Policy on this Website which may be found at https://www.builders.co.za/returns-and-refunds 
17.1.13.    Time within which products will be dispatched/delivered or services rendered:  Please refer to the terms and conditions applicable to specific Products/Services and the page of the Website describing the Products/Services offered.
17.1.14.    Record of the transaction: We will provide you, via the Website or by e-mail, with a written record of each transaction to the e-mail address provided by you when registering on the Website, as amended by you from time to time.
17.1.15.    Return, exchange and refund policies: If this Website fails to comply with the requirements in the ECT Act, you may cancel such transaction within 14 days of receipt of the Products and be refunded, upon return of the Products, for all payments made, less the direct cost of returning the Products, provided that we receive the returned Products unused, in their original condition, and in their original packaging which has no visible damages. This paragraph applies only to transactions concluded on the Website. Subject to applicable laws, we do not accept returns, or issue exchanges or refunds where the Products/Services are (amongst others) not capable of being returned and/or in respect of Products which were opened by you/Services which began with your consent or where it is not possible for us to determine whether you opened or used the Products/Services. Please refer to the terms and conditions applicable to specific Products/Services for further detail on return, exchange and refund policies.
17.1.16.    Cooling-off: Subject to section 42(2), if you conclude a transaction through this Website, you will have a 7 day cooling-off period. If and to the extent that section 16 of the CPA applies, if you conclude a transaction through this Website as a result of any direct marketing by us, you will have a 5 day cooling-off period.
17.1.17.    Security procedures in respect of payment and payment information: We will utilise a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of transaction concerned. If we fail to do so, you may exercise your rights in terms of s43(6) of the ECT Act.
17.1.18.    Manual in terms of the Promotion of Access to Information Act 2 of 2000:  Information relating to our Promotion of Access to Information Act Manual may be found at [insert hyperlink] which should be read in conjunction with these Terms. 

18.    WHOLE AGREEMENT 

18.1.    You agree that:
18.1.1.    you are bound by these Terms;
18.1.2.    data messages addressed by you to us will be deemed to have been –
18.1.2.1.    created and sent by you from Johannesburg South Africa;
18.1.2.2.    received if and when responded to by us;
18.1.3.    any data messages that are sent by you to us from a computer, IP address or mobile device normally used or owned by you will be deemed to have been sent by you and/or authorised by you personally;
18.1.4.    electronic signatures, encryption and/or authentication are not required for valid electronic communications between you and us;
18.2.    No indulgence, extension of time, waiver or relaxation of any of the provisions of these Terms which we may show, grant or allow you shall operate as an estoppel against us in respect of our rights under these Terms nor shall it constitute a waiver by us of any of our rights and we shall not thereby be prejudiced or stopped from exercising any of our rights against you which may have arisen in the past or which might arise in the future. 
18.3.    Nothing in these Terms shall create any relationship of agency, partnership or joint venture between you and us and you shall not hold yourself out as our agent or partner or as being in a joint venture with us.

ONLINE PURCHASING TERMS

In addition to the above clauses, the following clauses will be applicable to the use of the Website pertaining to the viewing and/or purchasing of the Products on the Website:  

19.    ONLINE REGISTRATION 

19.1.    To buy Products on our website you must be over the age of 18 (eighteen).
19.2.    Registration as a purchaser on the Website is free and does not oblige you to purchase anything. You must register with us before placing your first order online. Please register here
19.3.    Registration and/or use of our Website constitutes your acceptance and agreement to be bound by the Terms of our Website. To register you will be required to provide certain personal information which is protected by our Privacy and Cookies Policy
19.4.    When registering with us, you will be required to provide an email address and a password which will be used as your username and password for the Website. Please keep your password private as we accept no liability for any damages suffered or losses incurred from the use or misuse of your account. 
19.5.    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 registration link where you can edit your details. 
19.6.    In registering as a purchaser you are required to provide us with complete and accurate information about yourself. By doing so you warrant that the information provided is correct and the responsibility solely rests with you to ensure that your information is always kept up to date and remains accurate. Upon acceptance of your registration, you will receive an email confirming your registration as a purchaser on the Website. If you do not receive the email confirmation, you should contact us. 

20.    PRODUCT IMAGES, REPRESENTATION AND PRODUCT DESCRIPTION

20.1.    We have made every effort to display the Products on the Website as accurately as possible, including:
20.1.1.    the images that represent a visual depiction of the Product; 
20.1.2.    features and descriptions that pertain to the Product; and
20.1.3.    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. It remains your responsibility to ensure that the Product you ordered is correct and the Product description and/or model number will always overrule any related images when resolving a dispute about a Product. 
20.2.    Upon delivery and/or collection of the Product you will be required to satisfy yourself of the nature and quantity of the Products. You will be required to sign a delivery note confirming receipt of the Products which shall constitute proof that you have inspected the Products and are satisfied that the Products received are in accordance with your order placed through the Website.
20.3.    As the actual colours you see will depend on your computer's monitor we cannot guarantee that your monitor's display of any colour will be accurate.
20.4.    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. 
20.5.    We 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 and/or compulsory to purchase. We 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. 
20.6.    If you are not satisfied with the Products delivered then you may return such Products subject to our Return and Refund Policy, as amended, from time to time. 

21.    PRODUCT PRICING AND AVAILABILITY

21.1.    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 us from time to time. 
21.2.    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 when the delivery address is entered. 
21.3.    You may order Products from more than 1 (one) store, but additional delivery fees will be incurred. 
21.4.    It is your responsibility to ensure that the delivery address, including suburb and postal code, is correct. We 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 you. 
21.5.    All prices displayed on the Website are valid and effective only in the Republic of South Africa for the day that they are viewed and do not constitute an offer by any of our physical stores. We reserve the right, without prior notice, to discontinue or change pricing or specifications of Products and Services offered on this Website without incurring any liability whatsoever.
21.6.    We cannot guarantee availability of stock but will endeavour to source stock where possible to fulfil your order. Where items cannot be delivered, we will endeavour to contact you based on the information provided at registration, and either offer the option to cancel the order, reduce the quantities or offer suitable alternatives, where applicable. If we are unable to supply each and every item ordered or in the quantities ordered and cannot contact you then you nevertheless agree to accept delivery and make payment for those items correctly delivered.
21.7.    For online purchases you will be charged the prices that are reflected on the Website, subject to availability and save where Inadvertent and Obvious Errors as set out in clause 22 below have occurred.  The prices include Value-Added Tax. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations. 
21.8.    It is important to note that the offer to do business with you online in relation to any Products advertised for sale on our Website, will only become binding once we have confirmed the conclusion of the agreement to you, despite you having made payment already. Refer to our clauses below dealing with Inadvertent and Obvious Errors and Confirmation of Orders. 
21.9.    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. 

22.    INADVERTENT AND OBVIOUS ERRORS

22.1.    We regret that no order can be accepted if we identify an inadvertent and obvious error in the prices of Products or Services or the description of any of our Products or Services on our online platform. Should we become aware of a pricing error in respect of any Products or Services advertised by us online, we will be entitled to notify you of such error and at your election either (a) cancel the transaction and if you have already made payment of any Products, we will refund you such payment; or (b) uphold the transaction and allow you to pay the correct price before the order will be fulfilled.    

22.2.    We appreciate that customers may use our website to research pricing before visiting one of our physical stores. However, please note that pricing on our Website does not constitute an offer by any of our physical stores and in-store pricing may vary.
22.3.    To avoid disappointment, we therefore recommend that pricing and stock availability is confirmed with the respective store prior to visiting the store.

23.    CONFIRMATION OF ORDERS

23.1.    Orders placed online constitute your offer to purchase subject to these Terms. On receipt of your order we will send you an email and/or sms describing the Products and services you have ordered. These communications confirm we have received your order, but do not represent any acceptance of your offer to purchase Products or services contained in that order. We are not legally obliged to provide the Products and services to you during the offer process.
23.2.    We will indicate our acceptance of your order by confirming delivery of the Products to you or allowing you to collect them. An agreement of sale will only be concluded when payment has been made AND the products have been delivered at your chosen address or handed over to you for collection.  This is regardless of any communication from us stating that your order or payment has been received. 
23.3.    We will indicate our rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid. Any Products or services on the same order which have not been dispatched/delivered to you will not form part of the contract between us.
23.4.    By submitting an order to buy Products, you:-
23.4.1.    represent and warrant that you are over the age of 18 (eighteen) years;
23.4.2.    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 debit card, credit card, Trade Account or Deposit Account, if you are paying via any of these payment mechanisms;
23.4.3.    represent and warrant that, if paying via EFT, that you have followed the payment instructions provided by PayU;
23.4.4.    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 these Terms. 
23.5.    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 us if we are not satisfied that it is legitimate. 
23.6.    You may pay for the Products by using a valid Master or Visa Credit Card, instant EFT, Trade Account or Deposit Account. No other method of payment, including gift vouchers, will be accepted by us in respect of the purchase of Products on the Website, unless as may be determined in our sole discretion. 
23.7.    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 us to deliver the Products to your specified delivery address. 
23.8.    In the event that you wish to change your order from a collection to a delivery, we will charge you an additional delivery fee.  
23.9.    All your orders placed through the Website can be viewed under the shopping cart tab. 
23.10.    Delivery and collection dates are only estimates, and as your order is processed you will be informed if any outstanding Products on your order are unavailable or delayed for any reason.

24.    CANCELLATION

24.1.    If for any reason you would like to cancel an order, this may be done by contacting our Customer Services Centre on +27 860 284 533. You will only be able to cancel orders up to midnight on the day prior to the date of delivery. Subject to the provisions of the CPA, we reserve the right to impose a reasonable charge for cancellation of your order. 
24.2.    We reserve the right not to refund the delivery in respect of any late cancellations. If you cancel your payment for any reason, or if your payment method should cease to be valid for whatever reason, you will nevertheless be bound to pay to the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach any of the terms.
24.3.    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 of Builders Returns Policy.

25.    ORDER TRACKING

25.1.    You can track the status of your order by logging into your account and by clicking on your 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 us, if it has been delivered to you and if it has arrived at the store of your choice for you to collect.
25.2.    The order history shall only track your online transactions and not any purchases made in store. 
25.3.    We will also send you emails and/or SMSs to advise you on the progress of your order. You can contact us on +27 860 284 533 to enquire about your order.

26.    DELIVERY

26.1.    We deliver to registered customers within certain specified delivery areas. If we do not deliver to your area, you may collect the Products from the store directly. 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 centre. Outlying areas include farms, mines and townships.
26.2.    A delivery fee may be charged for each delivery order placed by you. We deliver from Monday to Friday, 08h00 till 17h00 and do not deliver on a Saturday, Sunday and any South African public holiday. Items are delivered in 2 (two) to 5 (five) working days after acceptance of your order if there are no unexpected delays. Should it be unavoidable for us to exceed these delivery times, you will be notified either telephonically or electronically.
26.3.    In the event that you request your order to be delivered to multiple addresses, you will be charged additional delivery fees. 
26.4.    We and/or the delivery service provider may be required to make multiple deliveries to your delivery address. In the event that we and/or the delivery service provider elect to make multiple deliveries of your order, then you will not be charged any additional delivery fees. You will be advised by us of planned multiple dispatches to your delivery address. 
26.5.    You must ensure that the correct delivery address is provided to us and we shall not be liable for any deliveries made to an address incorrectly provided by you. 
26.6.    You hereby authorise us to provide your personal information, including your name, delivery address and telephone number to our third party delivery service provider for the purpose of effecting the delivery. 
26.7.    We and/or the delivery service provider may contact you regarding your orders from time to time. 
26.8.    On delivery of the order to the specified delivery address, you will receive a delivery note from us or the delivery service provider showing the items delivered. 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. Should no-one be in attendance at the delivery address specified by you at the time of delivery, the driver will return the Products and leave a notice at the delivery address to that effect. The delivery service provider will attempt to contact you to make new arrangements for delivery. We reserve the right to charge an additional delivery fee should it be required under these circumstances. Our sole liability for failing to deliver the Products timeously is limited to delivery being effected at a later agreed time at no additional charge.
26.9.    Please arrange that you or your authorised representative is available to accept your purchases at the delivery address and that appropriate access will be made available. On delivery, we will require you or your authorised representative to sign and print your or their name on a duplicate copy of the delivery note, to confirm receipt. Where we have outsourced our deliveries we cannot, to the extent permitted by law, be liable for any damage suffered or loss incurred by reason of any acts or omissions of the delivery service provider.
26.10.    We will deliver to the main entrance and/or pavement of your allocated delivery address only. It is your responsibility to ensure that you have made arrangement to accept delivery and storage of the Products. We shall not dismantle or assemble any Products for you, nor shall we connect any appliances, fixtures or fittings for you. A request by you for the delivery of the goods to the interior of your premises, shall be entirely at your own risk. You hereby accept that we shall not be liable and indemnify us against  any damage or loss to any property whatsoever, including any damage or loss to any of the Products being delivered and or any damage or loss to the interior of your premises (doors, walls,  staircases, flooring, furniture, ceilings, entrances or passage ways, lighting etc.) or any personal injury to any person, including yourself or any third party,  arising from your request to the delivery service provider for delivery of the Products to the interior of your premises.
26.11.    You warrant that the delivery address is suitable for entry by our and/or our 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. 

27.    STORE PICK-UP/ COLLECTION

27.1.    You may place an order online and then collect it from your selected store. If your chosen store has the items in stock you can collect the order in 2 (two) to 5 (five) working days. To collect in store, place your order online as normal and select the "store collection" option instead of entering your delivery details.
27.2.    Products may only be picked up from your chosen store upon presentation of a valid proof of identity and the collection notice, which can be printed either once payment is complete or in your order tracking. Please ensure that the person you have named to pick-up the order presents one of the following forms of identification:
27.2.1.    South African ID; or
27.2.2.    South African driver's licence; or
27.2.3.    Passport
27.3.    All orders must be collected within 7 (seven) days from the store, falling which we cannot guarantee availability of such Products. 

28.    PAYMENT

28.1.    METHOD OF PAYMENT
28.1.1.    Prior to delivery or confirmation from Builders that the Products are ready for collection by you, Builders shall be entitled to either: 
28.1.1.1.    debit the credit card supplied by you on acceptance of your order should you be paying with a credit card; or
28.1.1.2.    debit the Trade Account on acceptance of your order should you be paying with a Trade Account; or
28.1.1.3.    debit the Deposit Account on acceptance of your order should you be paying with a Deposit Account; or
28.1.1.4.    process the order once Builders has received a successful confirmation of payment, should you be paying by EFT.
28.1.2.    You can pay your Trade Account or deposit further funds into your Deposit Account on the Website. Prior to the balance reflecting on your Trade Account or Deposit Account, Builders shall be entitled to:
28.1.2.1.    debit the credit card supplied by you on acceptance of your order should you be paying with a credit card; or
28.1.2.2.    process the balance into your Trade Account or Deposit Account only once Builders has received a successful confirmation of payment, should you be paying by EFT.
28.1.3.    All payments made by a credit card or EFT shall be processed by PayUand Builders. Your credit card details and personal information shall be provided by you to PayU in order for the payment transaction to be processed. 

28.2.     3D SECURE

When using your credit card for online shopping Builders will attempt to use 3D Secure as an additional security measure if your issuing bank supports it. 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.
28.3.    

29.    REFUNDS 

29.1.    Builders will refund a purchase for the exact amount paid less any delivery costs already incurred by Builders.
29.2.    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. 
29.3.    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. 
29.4.    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). 
29.5.    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.
29.6.    

30.    RISK AND OWNERSHIP

Risk in the Products shall pass to you by acceptance of the Products by you or 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 main entrance and/or pavement of your allocated delivery address.

31.    PRODUCT REVIEWS

31.1.    By submitting reviews to Builders, you represent and warrant that: 
31.1.1.    You understand you are participating in a public forum and that your submitted content and other personal information will be available to all other users of the Website, the community and potentially Third Party Sites; and
31.1.2.    Builders may contact you in order to obtain further feedback from you in order to improve Products and services.
31.2.    When you submit a review, you agree to the following:
31.2.1.    All review(s) submitted are accurate;
31.2.2.    Your review is original and was created by you;
31.2.3.    You are a resident of South Africa and are at least eighteen (18) years of age;
31.2.4.    You are currently a bona fide user of the Product(s) mentioned in your review.
31.2.5.    You are not an employee of Builders nor do you work for an affiliate or agency of Builders hired by Builders to promote and/or sell Builders Products;
31.2.6.    The statements you make in your review reflect your true and honest opinion of and current experience with the Builders item(s) which you are reviewing.
31.2.7.    If your review refers to a potential fault that could be specific to the item you received, not the Product in general, Builders Customer Service Team will be in touch to resolve it with you directly. In this instance, your review will not be published.
31.2.8.    Builders does not publish reviews for Products that haven't been bought from us directly (i.e. from another retailer/ in another country).
31.2.9.    If you have a problem with a review you have submitted, please get in touch with Builders Online Support Centre by calling +27 860 284 533.
31.3.    Builders shall have the right, but not the obligation, to pursue any one or more of the following actions with regard to your review(s):
31.3.1.    We reserve the right to monitor/review your review;
31.3.2.    We reserve the right to edit your review and we will correct any spelling and grammar issues if necessary, but won't change the original meaning;
31.3.3.    We reserve the right to amend or delete any reviews which are deemed, in our sole 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. 
31.3.4.    By submitting a review to us, you grant the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout our marketing channels in any media;
31.3.5.    We retain full discretion to remove or refuse to post any review or rating that we deem, in our sole discretion, to violate this clause or our acceptable use conditions. 

32.    DEPOSIT TERMS AND CONDITIONS 

32.1.    By registering for an Online Account on the Website, you will be entitled to deposit funds into your online account in order to make purchases against such funds, from time to time. These Terms shall govern the conditions of such deposits and shall be read in conjunction with any signed agreement between us in the event that you have a Deposit Account. In the event that this is any ambiguity between these Terms and any written agreement, then in such event, these Terms shall take precedent. 
32.2.    Your Online Account will enable you to purchase Products on the Website and in any Builders Store and shall be subject to these Terms whether the purchase is made online or in a Store. 
32.3.    The Online Account facility which is provided to you by way of your Online Account or in terms of any written agreement between us, does not grant you a credit facility. When you require a Trade Account, you will be required to make application via the incidental credit application procedure. 
32.4.    Payment of deposits into your Online Account may be made as follows:
32.4.1.    In accordance with clause 26 above and via the Website; 
32.4.2.    Directly into Builders nominated Banking Account, using your Account Number as a reference;
32.4.3.    Or in cash at any Builders Store, provided that such cash payment is less than R10 000.00 (ten thousand rand).
32.5.    You shall not earn any interest in respect of any deposit may into your Deposit Account. Any and all interest which may accrue as a result of funds being deposited into Builders’ banking account will accrue in favour of Builders and no interest will be credited to your Deposit Account. 
32.6.    Should any deposit exceed the sum of R10 000.00 (ten thousand rand) then Builders shall issue you with a card and a pin number, which you will be required to present for any purchases made at any Store. You are to ensure that the card and pin number is kept secure. Should the card be lost or stolen, you should immediately contact the Builders Contact Centre on 0860 284 533. You may be required to present additional information to Builders in the event that you require additional cards to be issued to your authorized additional card holders. 
32.7.    You hereby consent to any and all due diligence checks to be carried out by Builders, in order to verify your identity as the Deposit Account holder. 
32.8.    Should the Online Account or Deposit Account fall into a debit balance, either through system error or for whatsoever reason, a detailed statement will be sent to you where after you are required to settle the full outstanding balance within 30 (thirty) days of receipt of the statement. If payment is not made within the period of 30 (thirty) days stated above, the full amount due by the you to Builders shall accrue interest at the rate of 2% (two percent) per month or such maximum prescribed interest rate applicable to incidental credit agreements as determined by the relevant legislation from time to time. Interest on the full amount due by you to Builders shall:
32.8.1.    Accrue on a day-to-day basis;
32.8.2.    Be calculated on the actual number of days elapsed. 
32.9.    You, as holder of the Online Account or Deposit Account, may be entitled to a refund on any credit balance on account at Builders absolute discretion on condition that:
32.9.1.     all such documents as Builders may require are completed and submitted to Builders; and
32.9.2.    subject to clause 33 above. 
32.10.    You have a maximum period of 12 (twelve) months in which to request a refund in order for the request to be processed. Thereafter an administration fee, as determined by Builders from time to time, will be levied to the refund. In order to process a refund you will be required to visit your nearest store and no refunds can be requested on the Website. 
32.11.    Builders shall not be liable for any unauthorised use of the Deposit Account and you hereby indemnify and hold Builders harmless against any and all illegal activity carried out by you and/or purported authorized representatives with regards to the use of the Deposit Account and your Online Account and any claims which may arise therefrom. 
32.12.    In the event that you fail and/or refuse to comply with this Terms, Builders shall be entitled to enforce an administrative penalty on you, as determine by Builders from time to time or alternatively, close your Online Account and/or Deposit Account, and recover all legal costs from you on an attorney and own client scale. 

1.    ONLINE SECURITY

While online shopping presents a world of great experiences, it has also given rise to new security risks. We are committed to helping you stay safe online and we’ve put together some points you should always keep in mind:
1.1.    Make sure the URL is secure by checking if it starts with https://  - the “s” after “http” shows you that it's a secure site. Some browsers will also indicate a secure site by having a lock icon appear before the URL. If you’re unsure, try searching for the company and website online to see if there have been any complaints or reports of scams.  
1.2.    Ensure you have an updated anti-virus programme installed, this will protect your device against any malicious sites and will alert you before allowing you to access such sites.
1.3.    Be careful of phishing scams. Don’t click on links in suspicious mails or on suspicious sites – particularly when it requires you to enter any personal details. If you’re unsure of the source of mails or the site, be sure to verify this with the Customer Contact Centre instead.   
1.4.    When signing-up for an account, choose a strong password that combines uppercase and lowercase letters, at least one digit and a special character such as, “!” “#” $” etc. Avoid birthdays and easy combinations such as, “1234” or “0000”

2.    VOUCHERS AND COUPONS 

2.1.    Builders may, from time to time, and in its sole discretion, offer Coupons to you which can be utilised for purchases of Products from the Website. 
2.2.    There are two types of Coupons, a fixed amount voucher for a fixed discount, for example, R10,00 (ten rand) off your purchase (“Fixed Discount Coupon”) and a percentage discount, for example, 10% (ten) percent off your purchase (“Percentage Discount Coupon”). 
2.3.    Coupons may only be available to be used on the Website and shall not be redeemable in any store unless otherwise specified in the Coupon terms and conditions. 
2.4.    Coupons may only be applicable to particular Products purchased on the Website and may be limited to a certain number of Products sold. 
2.5.    Each Coupon will include a discount voucher code which you will need to complete in order to redeem such Fixed Discount or Percentage Discount prior to completion of your purchase on the Website.                                                    
2.6.    Each Coupon can only be utilised once and only for 1 (one) order and for 1 (one) account holder. 
2.7.    Each Coupon may be subject to additional terms and conditions which will displayed on such Coupon and you may receive the Coupon via email, sms or in print. 
2.8.    Each Coupon may have a validity date specifying by when the Coupon must be used. Failure to redeem the Coupon within the specified period shall result in the Coupon being void. 
2.9.    Builders reserves the right to cancel, correct, amend or reject a Coupon for any reason whatsoever and entirely within Builders discretion. Furthermore, Builders may offer a Coupon to a limited number of Users and accordingly a voucher code may not be active when you attempt to utilise such voucher code. In such an event, you cannot hold Builders liable for such Fixed Discount or Percentage Discount which you may have earned had the Coupon been utilised earlier. 
2.10.    Coupons cannot be exchanged or refunded for cash or any credit and no User has any right to receive a Coupon. 
2.11.    Builders shall not be liable for any damage or loss which you, or any third party, may suffer as a result of any loss, unathorised usage or distribution of any Coupon. 
2.12.    In the event that the voucher code does not accurately reflect the Fixed Discount or Percentage Discount when you are making payment, then please contact +27 860 284 533 to ascertain if the Coupon is still valid. In the event that the Coupon is valid, then you will be entitled to cancel the order or utilise the Coupon on your next purchase, provided that the Coupon remains valid, has not expired or been cancelled by Builders. 
2.13.    You may, from time to time, be required to provide Builders with the original communication containing the voucher code together with such additional information which Builders may request from you. 

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