Cashbuild Online Terms and Conditions

Cashbuild (South Africa) (Pty) Ltd would like to welcome you to its website.

1.     INTRODUCTION

1.1.   These terms apply when you, as an online customer, purchase any product or services from Cashbuild in respect of all supply of building material and other goods via www.cashbuild.co.za/shop within South Africa and constitute a valid and binding agreement between you and Cashbuild.

1.2.   By using the website, you agree to comply with these Terms and Conditions without modification.   The effect of this clause is that by using the Website, or purchasing goods or services from Cashbuild, it will be presumed that you have read and understood these Terms and that you agree to comply with them.

1.3.   These online terms and conditions govern the order, payment and delivering of goods to you, as the Online Customer.

1.4.   The current Cashbuild Online Platform is only available to Cashbuild customers with South Africa

2.     DEFINITIONS

2.1.   Cashbuild means Cashbuild (South Africa)(Pty) Limited.

2.2.   Cashbuild Online refers to the Cashbuild website at www.cashbuild.co.za/shop.

2.3.   CPA means the Consumer Protection Act, 2008.

2.4.   Online Customer or Customers means Customer placing and paying for order via www.cashbuild.co.za/shop.

2.5.   Orders means Basket of product selected for purchase by the Online Customer.

2.6.   PAIA means Promotion of Access to Information Act, Act 2 of 2000.

2.7.   PoPi means Protection of Personal Information Act, Act 4 of 2013.

2.8.   Product/Goods means any product being sold by Cashbuild to Online Customers.

2.9.   Terms means these general terms and conditions which may be amended by Cashbuild from time to time.

2.10. You and Your means the customer of Cashbuild.

2.11. We and us means Cashbuild.

2.12. Website means www.cashbuild.co.za/shop.

3.     PERSONAL INFORMATION

3.1.   Cashbuild shall take reasonable steps to protect your personal information.  We may collect and process your personal information (as defined in the Protection of Personal Information Act, 2013).  In certain circumstances, your submission of your personal information may be necessary to you to purchase goods or access or website.

3.2.   You warrant that the personal information which you submit is accurate, current and complete.  You will be denied access to our website should you breach this warranty or subsequently be found to have breached this warranty.

4.     WHOLE AGREEMENT

4.1.   You agree that you are bound by these Terms and Conditions.

4.2.   Any data messages that are sent by you to us from any device normally used or owned by you will be deemed to have been sent by you and/or authorised by you personally.

4.3.   Electronic signatures, and/or authentication are required for valid electronic communication between you and Cashbuild.

4.4.   No indulgence, waiver, extension of time or relaxation of any of the provisions of these Terms and Conditions which we may show, grant or allow you shall operate as an estoppel against us in respect of our rights under these Terms and Conditions nor shall it constitute a waiver by us of any of our rights against you which may have arisen in the past or which might arise in the future.

4.5.   Nothing in these Terms and Conditions shall create any relationship of partnership, agency or any joint venture between you and us and you, as the customer, shall not hold yourself out as our partner or agent or as a joint venture with Cashbuild.

5.     PRODUCT AND SERVICES

5.1.   Cashbuild agrees to supply goods to Online Customers in terms of this agreement, with effect from the date that the payment is received for Online order.

5.2.   Cashbuild irrevocably undertakes to supply the online Customer with purchased goods mutatis mutandis on the same terms as set out in this agreement.

5.3.   While we use our best endeavours to ensure that the image representing the many products, the features, descriptions, specifications and supplier variations, the colour and look of the product may vary slightly from store to store and from time to time.  We do confirm that despite the slight variance, the product is of the same quality as the image provided online. We have made every effort to display as accurately as possible the colours and images of the products and that appear on the website but cannot guarantee that what you see is an exact representation of the goods purchased.

5.4.   You are responsible to ensure that the Product received by you is the correct Product as selected or ordered. If you have received the incorrect product, you must notify us within 10 business days of you receiving the product to allow us to correct the error. You are entitled to cancel the transaction and receive a refund within the 10-business day period. 

5.5.   If you are not satisfied with the Product that you purchased, you may return it to us, subject to the returns and refund provisions in these Terms.

5.6.   If you are not satisfied with the services performed by us, please contact us and we will do our best to remedy any issues.  

5.7.   We reserve the right to discontinue or change the specifications of our Products and Services from time to time without notice.

6.     ONLINE PURCHASERS

6.1.   To order a Product online, you will be required to register a profile. Registering on our Website does not oblige you to order any Product.

6.2.   Registered online customers will have additional features made available to them.

6.3.   Product stock is subject to availability.

6.4.   To ensure that correct prices and stock holding is reflective, it is important to ensure that the closest store to your delivery address is selected.  If unsure, please refer to the Cashbuild store list and maps provided.

6.5.   All prices shown on our Website are quoted in South African Rands and are valid and effective only in the Republic of South Africa.

6.6.   All prices displayed are inclusive of VAT.

6.7.   Upon order completion and payment confirmation you will receive an E-mail with your Cashbuild Online order number.

6.8.   Your Cashbuild Online Tax Invoice will accompany your purchased goods. 

7.     ONLINE PURCHASE CANCELLATION

7.1.   If for any reason you would like to cancel an order, please inform us within 24 hours of placing your order.

7.2.   Contact us immediately on 0860 100 582 during office hours or forward an email to cashbuildonline@cashbuild.co.za.

7.3.   Delivery and Handling fees are non-refundable.

8.     PRODUCT PRICING AND AVAILIBILITY

8.1.   The products displayed on the Website are subject to availability.

8.2.   All prices displayed on the Website are valid and effective only in the Republic of South Africa.

8.3.   All prices shown on the Website are quoted in South African Rands and are correct at the time when viewed by you.

8.4.   We reserve the right, without prior notice, to change or discontinue pricing or specifications of Products and Services offered without incurring any liability whatsoever.

8.5.   All prices displayed are inclusive of VAT.

9.     ONLINE PAYMENT OPTIONS

9.1.   Products purchased by you must be paid in full before Cashbuild will deliver the products.

9.2.   Online purchases must be paid via Visa and/or Mastercard credit cards, you may select your preference on the checkout page.

10.   ONLINE DELIVERY

10.1. We will deliver any ordered product throughout the Republic of South Africa.

10.2. Cashbuild does not offer Order collections, however if alternative arrangements need to be made, please contact the store you placed your order with.  Only the customer to which the order is registered to will be allowed to collect the order. The customer will need to provide proof of purchase (E-mail Order confirmation) and positive identification upon collection of the order.

10.3. We endeavour to deliver within Two (2) to Five (5) working days, excluding Bricks and Cement, to the designated delivery address.

10.4. Cashbuild delivers, Monday to Saturday. There are no deliveries on Sundays and Public Holidays unless exceptions are communicated.

10.5. We make use of a third-party delivery contractors to deliver any Products and, as such, the delivery process is not entirely within our control. While we use our best endeavours to ensure that a Product is delivered within the said lead time.

10.6. Off loading Zones: The delivery team will offload to a maximum of 2 meters either side of the truck.

10.7. Out of stock delays will be communicated with you, as the online customer and will be delivered without unjustified delay.

10.8. Only the Registered customer or a nominated person may check and sign for goods delivered.

10.9. If the good/s are damaged upon delivery, please do not accept the damaged goods and return the same with the delivery vehicle.  Kindly indicate on the delivery invoice the goods that were damaged as well as the quantity. This must be countersigned by the delivery truck driver. Please do this on both copies of the tax invoice and retain one copy of the invoice. If you have accepted the delivery, and then realize that any of the goods are defective, please contact us immediately during office hours or email us at cashbuildonline@cashbuild.co.za.

10.10.  Kindly note that depending on the size of your order, you may be subject to more than one delivery.  The tax invoice should mirror the order delivered.

10.11.  Online Delivery Status

10.12.  We have the following Delivery status that indicate the status of your order

 

·      Full Order On Its Way – The order is on its way to you.

·      Partial Order On Its Way – Part of the order has been delivered, there may be various partial deliveries planned dependent on the size of your order.

·      Order Delivered – Fully completed Order has been Delivered.

·      Delivery Rescheduled – We may have had some trouble on the road, or no one was home to receive your order, we will take the order back to the Cashbuild store and attempt deliver the next working day.

·      Order Cancelled – You have changed your mind and no longer require your order.  If your order has not been dispatched for delivery you are eligible for a full refund.  If your order however has been dispatched the delivery fee will not be refunded. To request a refund email us at Cashbuildonline@cashbuild.co.za

 

11.   ONLINE DELIVERY AND HANDLING FEES

11.1. DELIVERY FEES 

11.1.1.     Cashbuild Offers free local deliveries, please refer to Cashbuild store specific Delivery Fee Schedule as each store differs in delivery charges.

11.1.2.     A delivery charge will be applicable and will depend on the distance from the closet Cashbuild store to the customer delivery address, provided.

11.1.3.     Additional delivery cost will be applicable for deliveries outside of our delivery zones.  Therefore, orders outside our delivery zones will not be processed subject to a delivery quotation approved.  You will be prompted on check out.

11.1.4.     Delivery fees are non-refundable.

11.2. HANDLING FEES

11.2.1.     Bricks, Blocks, Roof Tiles and Cement will incur additional handling fees.  These handling fees are to ensure effective and more efficient offloading of these materials at the delivery address / site.

11.2.2.     The handling fees are charged in addition to the delivery fee and is based on the quantity ordered by the customer.

11.2.3.     The total handling fee will reflect in your check out.

11.2.4.     Handling fees are non-refundable.

12.   REFUNDS, RETURNS AND/OR EXCHANGES

12.1. Products that are defective, or not defective ("change of heart") or not suitable for purpose for which it was purchased for may be returned to us at your cost within 3 months from date of purchase for a refund or an exchange.

12.2. You may return any product in good condition at your nearest Cashbuild store for the refund or an exchange consideration provided that:

12.2.1.     present the original proof of purchase / online tax invoice at store.

12.2.2.     the product purchased is unused.

12.2.3.     the product purchased is in its original packaging.

12.2.4.     the product purchased is in a sellable condition.

12.3. Products that have been used, purposefully damaged, or tampered cannot be refunded or exchanged.

12.4. All Refunds are processed through the selected service provider.

12.5. Refunds may take up to 10 working days reflect in your bank account.

12.6. If paying with a Debit Card, a bank account confirmation document will be required to be completed so that your account details may be verified.

12.7. No Cash or Credit Refunds are permitted.

12.8. In terms of industry standards there is a 5% breakage allowable for deliveries on Concrete tiles and Bricks.

13.   GENERAL ENQUIRIES

You may contact us on our share call number on 0860 100 582 to reach your closest Cashbuild store or alternatively our Support Office on +27 11 248 1500 during office hours or email us at cashbuildonline@cashbuild.co.za.

14.   LIMITATION OF LIABILITY

14.1. We do not accept liability for any damage suffered by you or to your property on our Premises, in our Stores or in your dealings with us, unless we have been grossly negligent. This means that you will have no claim against us, even if we are negligent. 

14.2. We do not accept liability for any damage suffered by you or to your property whilst entering or within your property. 

14.3. By placing an order with Cashbuild, you acknowledge that you are allowing Cashbuild entry to your property.

14.4. Where we have been grossly negligent, you will have no claim against any employee, director, or other party related to Cashbuild directly and personally responsible for such gross negligence.  Your only possible claim is Cashbuild.

14.5. We are not responsible and will have no liability in relation to any damage suffered by you or to your property caused by Services rendered by a third-party, unless and only if the third party was employed by us to provide the Service on our behalf. You will only have a claim directly against the service provider. 

15.   BREACH

15.1. If you breach any provision of these Terms, we reserve the right to terminate or suspend any relationship that exists between you and Cashbuild, and / or prohibit access to our Premises/ website, and / or take the appropriate legal action to recover any loss. 

15.2. Neither party will be liable for breach of any of these Terms due to any matter beyond the control of the respective party. This includes fire, natural disasters, acts of God, strikes, lock-outs, wars, riots, civil commotion, government intervention, or an explosion.

16.   BREACH REMEDIES

16.1. If you are of the view that your rights have been infringed in any way, or that we have not kept to our promises in these Terms and Conditions, you may address a complaint to us by emailing cashbuildonline@cashbuild.co.za or calling us directly on +27 11 248 1500.

16.2. When logging your complaint, please include as much information as possible which may be of assistance in resolving the problem. In particular, please provide us with the following;

16.2.1.     your full names, address and contact details;

16.2.2.     identify of the right that has allegedly been infringed;

16.2.3.     set out the circumstances and facts that gave rise to the alleged infringement;

16.2.4.     the remedial action to be taken by us to remedy the alleged infringement;

16.2.5.     a statement that the information provided is to your knowledge true and correct;

16.2.6.     a statement that the complainant is acting in good faith;

16.2.7.     please quote any purchase order/reference number allocated to you in respect of the said complaint;

16.3. We will investigate the complaint/s which comply with these requirements and will take appropriate action where necessary to remedy the situation, if applicable.

17.   AMENDMENTS OF THE TERMS AND CONDITIONS

Cashbuild may amend the Terms and Conditions at any time and the amendments will come into effect immediately. 


18.   DISCLOSURES REQUIRED IN TERMS OF THE ECT ACT

18.1. Access to the content and use of our Website may be classified as "electronic transactions" in terms of the ECT Act and therefore you have the rights as set out in Chapter VII of the ECT Act. We have the duty to disclose the following information:

18.1.1.     Full name and legal status:    Cashbuild (South Africa)(Pty) Limited

(Registration Number 1949/033566/07);

18.1.2.     Physical address:                      101 Northern Parkway, Ormonde,

Johannesburg, 2091;

18.1.3.     Postal address:                         P.O. Box 90115, Bertsham, Johannesburg, 2013;

18.1.4.     Telephone number:                +27 (11) 2481500;

18.1.5.     Website address:                      www.cashbuild.co.za/shop

18.1.6.     Official email address:            cashbuildonline@cashbuild.co.za

19.   GOVERNING LAW AND JURISDICTION

19.1. You irrevocably agree that these Terms and Conditions are governed by the law of the Republic of South Africa. 

19.2. Cashbuild and you, as the customer, unconditionally consent and submit to the non-exclusive jurisdiction of the Gauteng Local Division, Johannesburg regarding all matters arising from these Terms.  This does not take away any statutory rights that you may have to approach other dispute resolution bodies in terms of the CPA.  

20.   SEVERABILITY

Any illegal or unenforceable provision of these Terms and Conditions may be severed and the remaining provisions of the Terms and Conditions continue in force.

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