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INTRODUCTION |
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| 1. | 1 | Welcome to the MegaBuild website ("Website"). Please take a moment to read these online terms and conditions of sale 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 | If you have any questions regarding our Website, the Terms, our Products or Services, please contact us. | |||
| 1. | 6 | 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. | |||
| 1. | 7 | For more information regarding the terms related to the Website and usage thereof, please refer to the Website terms and conditions, which must be read in conjunction with this terms and conditions of sale. | |||
| 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 | “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. | 4 | “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. | 5 | “DPO” means the service provider who shall be processing the payments made by you to us by means of a credit card to pay for the purchase via the Website; | ||
| 2. | 1. | 6 | “Online Account” means your online customer profile account against which account you can transact online, subject to these Terms; | ||
| 2. | 1. | 7 | “post” means to upload, publish, transmit, share or save; | ||
| 2. | 1. | 8 | “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. | 9 | “Terms” means these terms and conditions of use, as amended from time to time including our polices referenced throughout the Website terms and conditions, which includes but is not limited to our e-mail disclaimer and privacy policy; | ||
| 2. | 1. | 10 | “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. | 11 | “third party website” means any website which is not owned or controlled by us; | ||
| 2. | 1. | 12 | “you” and “your” and "Users" and “Purchaser” means the Website’s users or person purchasing products from MegaBuild Website; | ||
| 2. | 1. | 13 | “us”, “we” and “MegaBuild” and “MegaBoards” and “Spectiles” means MegaBuild, a division of M. Pupkewitz and Sons (Pty) Ltd, registration number 312, a private company duly incorporated in accordance with the company laws of the Republic of Namibia (including our affiliates and subsidiaries); | ||
| 2. | 1. | 14 | “Website” means the MegaBuild website at www.megbuildonline.com | ||
| 2. | 1. | 15 | 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. | 2 | 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 Namibia, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday in the Namibia; | |||
| 2. | 3 | All annexures and amendments to these Terms form an integral part of these Terms and, therefore, our contract with you. | |||
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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 |
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| 3 | ONLINE REGISTRATION | ||||
| 3. | 1 | To buy Products on our website you must be over the age of 18 (eighteen). | |||
| 3. | 2 | Registration as a purchaser on the Website is free and does not oblige you to purchase anything. You have the option to register with us before placing your first order online. | |||
| 3. | 3 | Registration and/or use of our Website constitutes your acceptance and agreement to be bound by the Terms of our Website refer website terms and conditions. To register you will be required to provide certain personal information which is protected | |||
| 3. | 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. | |||
| 3. | 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 | |||
| 3. | 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 | |||
| 4 | PRODUCT IMAGES, REPRESENTATION AND PRODUCT DESCRIPTION | ||||
| 4. | 1 | We have made every effort to display the Products on the Website as accurately as possible, including: | |||
| 4. | 1. | 1 | the images that represent a visual depiction of the Product; | ||
| 4. | 1. | 2 | features and descriptions that pertain to the Product; and | ||
| 4. | 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. | ||
| 4. | 2 | Upon collection or delivery requested of the Product you will be required to satisfy yourself of the nature and quantity of the Products. You will be required to sign the tax invoice 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. | |||
| 4. | 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. | |||
| 4. | 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. | |||
| 4. | 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. | |||
| 4. | 6 | Dimensions displayed on website are nominal sizes. Actual finished size tolerances are in accordance with current production and should be ascertained from time to time. | |||
| 4. | 7 | If you are not satisfied with the Products then you may return such Products subject to our return and refund policy, as amended, from time to time. | |||
| 5 | PRICING AND AVAILABILITY | ||||
| 5. | 1 | The Products displayed on the Website are subject to availability and must be collected at MegaBuild Lifestyle designated click and collect area, if delivery is required, please request as such from the branch Salesperson but will be subject to a delivery fee to pay. | |||
| 5. | 2 | The website product catalogue is based on MegaBuild Lifestyle product range only and limited to selected products. | |||
| 5. | 3 | The collection address will be indicated during the check-out process areas are identified and Operating Hours is also displayed. | |||
| 5. | 4 | Click and Collect is only available at 1 (one) branch at this stage which is MegaBuild Lifestyle. If you want the goods to be delivered discuss delivery method and to pay fee with the assigned salesperson concluding the transaction. | |||
| 5. | 5 | It is your responsibility to ensure that completed contact details indicated on accepted web order is correct, for future engagement and concluding the web transaction correctly. | |||
| 5. | 6 | All prices displayed on the Website are valid and effective only in Namibia for the day that they are viewed and do not constitute an offer by any of our physical branches. 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. | |||
| 5. | 7 | We cannot guarantee availability of stock but will endeavour to source stock or offer alternatives where applicable or possible to fulfil your order. | |||
| 5. | 8 | 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 6 below have occurred. The prices include Value-Added Tax. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations. | |||
| 5. | 9 | 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. | |||
| 6 | INADVERTENT AND OBVIOUS ERRORS | ||||
| 6. | 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. | |||
| 6. | 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. | |||
| 6. | 3 | To avoid disappointment, we therefore recommend that pricing and stock availability is confirmed with the respective store prior to visiting the store. | |||
| 7 | CONFIRMATION OF ORDERS | ||||
| 7. | 1 | Orders placed online constitute your offer to purchase subject to these Terms. On receipt of your order, we will send you an email 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. | |||
| 7. | 2 | We will indicate our acceptance of your order by confirming with you to collect the products. An agreement of sale will only be concluded when payment has been made AND the products have been collected at MegaBuild Lifestyle including handed over to you at the Branch’s click and collect bay. This is regardless of any communication from us stating that your order or payment has been received. | |||
| 7. | 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 collected or dispatched/delivered to you will not form part of the contract between us. | |||
| 7. | 4 | By submitting an order to buy Products, you: | |||
| 7. | 4. | 1 | represent and warrant that you are over the age of 18 (eighteen) years; | ||
| 7. | 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 or credit card used to pay for the goods or services; | ||
| 7. | 4. | 3 | represent and warrant that, that you have followed the payment instructions provided by DPO; | ||
| 7. | 4. | 4 | consent to us providing your personal information to our third party payment provider, namely DPO, which is necessary to enable us to perform our obligations in terms of these Terms. | ||
| 7. | 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. | |||
| 7. | 6 | You may pay for the Products by using a valid Master or Visa Card. No other method of payment will be accepted by us in respect of the purchase of Products on the Website. | |||
| 7. | 7 | On confirmation of the order during the check out process will indicate the Branch Address from which the goods or service must be collected as well as the Operating Hours. | |||
| 7. | 8 | In the event that you wish to change your order from a collection to a delivery, an additional delivery fee will be charged and outside Windhoek a courier charges will apply. | |||
| 7. | 9 | Registered users will have the option to view their orders on the Website under My Account / My Orders. | |||
| 7. | 10 | Once goods are ready for collection one of our staff will contact you to collect the goods. | |||
| 7. | 11 | The order number received via e-mail must be presented at the click and collect bay no goods will be dispatched without you presenting the order number received. | |||
| 7. | 12 | It is your responsibility to keep your order number received via e-mail secured and not disclosing it to any other person or party other than the MegaBuild in store representative stationed at MegaBuild Lifestyle. | |||
| 7. | 13 | Order placed before 12h00 pm will be ready for collection on the same day, orders placed after 12h00 pm, collection will be ready the following business day before 12h00 pm. | |||
| 8 | CANCELLATION | ||||
| 8. | 1 | If for any reason you would like to cancel an order, this may be done by contacting our Customer Services Centre on +264 61 204 0700 or forward e-mail ccenquiry@mps-pupkewitz.com. You will only be able to cancel orders whiles goods are not yet collected and it will be subject to the provisions of our refunds and returns policy, as we reserve the right to impose a reasonable charge for cancellation of your order. | |||
| 8. | 2 | If you cancel your payment for any reason and received the products, or if your payment method should cease to be valid for whatever reason, you will nevertheless be bound to pay 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. | |||
| 8. | 3 | You may return a Product, at your cost to the store the product was purchased provided that you have the original invoice/proof of purchase and have complied with the required terms and conditions of MegaBuild returns and refund policy | |||
| 8. | 4 | MegaBuild liability for damages, if any, for defects or delays or any other loss, however arising, is at all times limited to the purchase price of the goods supplied | |||
| 9 | ORDER TRACKING | ||||
| 9. | 1 | The designated salesperson from MegaBuild Lifestyle will contact you via phone or emails to advise you when order is ready for collection. | |||
| 9. | 2 | You can follow up by contacting our Customer Services Centre on +264 61 204 0700 or forward an e-mail: ccenquiry@mps-pupkewitz.com. | |||
| 9. | 3 | Your order history can be tracked via My Account / My Order on the Website but will only be available for online purchases and not any purchases made in store. | |||
| 10 | BRANCH COLLECTION | ||||
| 10. | 1 | Order placed before 12h00 pm will be ready for collection on the same day, orders placed after 12h00 pm, collection will be ready the following business day before 12h00 pm. | |||
| 10. | 2 | On confirmation of the order during the check-out process will indicate the Branch Address from which the goods or service must be collected as well as the Operating Hours. | |||
| 10. | 3 | Click and collect is only available at MegaBuild Lifestyle | |||
| 10. | 4 | Please wait for MegaBuild Salesperson to be in contact with you via phone or e-mail to confirm order is ready for pickup before arriving at MegaBuild Lifestyle. | |||
| 10. | 5 | Products may only be picked up upon on presentation of order number received via e-mail and a valid proof of identity may be requested by MegaBuild Salesperson, which can be printed once payment is complete or presenting it digitally. | |||
| 10. | 6 | If you select a nominated representative to pick-up the ordered products, please ensure that the person you have named to Collection the order presents one of the following forms of identification: | |||
| 10. | 6. | 1 | Namibian ID; or | ||
| 10. | 6. | 2 | Namibian driver's licence; or | ||
| 10. | 6. | 3 | Passport | ||
| 10. | 6. | 4 | Order number printed or digitally | ||
| 10. | 7 | If online orders are not collected from the store within 30 (thirty) days of ready for collection confirmation, the order will be cancelled and refunded to the original method of payment refer to Returns and Refund policy. | |||
| 11 | PAYMENT | ||||
| 11. | 1 | Prior to delivery or confirmation from MegaBuild that the Products are ready for Collection by you, MegaBuild shall be entitled to; | |||
| 11. | 1. | 1 | Verify all payments made by a credit / debit card as processed by DPO; | ||
| 11. | 1. | 2 | Also you must provide DPO with your credit / debit card credentials and personal information to enable DPO to process the payment and enable transaction referencing. | ||
| 12 | REFUNDS | ||||
| 12. | 1 | MegaBuild will refund a purchase for the exact amount paid less any delivery costs already incurred by MegaBuild. | |||
| 12. | 2 | Refunds will only be processed strictly in accordance with the Returns and Refund 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, | |||
| 13 | RISK AND OWNERSHIP | ||||
| Risk and rewards of the Products shall only pass to you by acceptance of the Products by you or your authorised representative on collection. MegaBuild will retain ownership in the Products until payment has been received in full. In respect of deliveries, ownership will pass on pick up of goods at the branch by a selected courier service. | |||||
| 14 | INSTALLATION AND HANDLING DISCLAIMER | ||||
| 14. | 1 | MegaBuild shall not be held liable for any damages, losses, or issues arising from the improper handling or incorrect installation of the products sold. | |||
| 14. | 1. | 1 | The Purchaser acknowledges that it is the purchaser’s responsibility to ensure that the product/s are installed correctly and in accordance with the provided instructions and guidelines; and | ||
| 14. | 1. | 2 | in the process of handling the product the Purchaser must strictly adhere to the user/manufacturer's instructions. | ||
| 14. | 2 | MegaBuild disclaims any and all warranties, express or implied, related to the installation of the products by the Purchaser or any third party. | |||
| 15 | PRODUCT REVIEWS | ||||
| 15. | 1 | By submitting reviews to MegaBuild, you represent and warrant that: | |||
| 15. | 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 | ||
| 15. | 1. | 2 | MegaBuild may contact you in order to obtain further feedback from you in order to improve Products and services. | ||
| 15. | 2 | When you submit a review, you agree to the following: | |||
| 15. | 2. | 1 | All review(s) submitted are accurate; | ||
| 15. | 2. | 2 | Your review is original and was created by you; | ||
| 15. | 2. | 3 | You are a resident of Namibia and are at least eighteen (18) years of age; | ||
| 15. | 2. | 4 | You are currently a bona fide user of the Product(s) mentioned in your review. | ||
| 15. | 2. | 5 | You are not an employee of MegaBuild nor do you work for an affiliate or agency of MegaBuild hired by MegaBuild to promote and/or sell MegaBuild Products; | ||
| 15. | 2. | 6 | The statements you make in your review reflect your true and honest opinion of and current experience with the MegaBuild item(s) which you are reviewing. | ||
| 15. | 2. | 7 | If your review refers to a potential fault that could be specific to the item you received, not the Product in general, MegaBuild Customer Service Team will be in touch to resolve it with you directly. In this instance, your review will not be published. | ||
| 15. | 2. | 8 | MegaBuild does not publish reviews for Products that haven't been bought from us directly (i.e. from another retailer/ in another country). | ||
| 15. | 2. | 9 | If you have a problem with a review you have submitted, please get in touch with MegaBuild Call Centre by calling +264 61 204 0700. | ||
| 15. | 3 | MegaBuild shall have the right, but not the obligation, to pursue any one or more of the following actions with regard to your review(s): | |||
| 15. | 3. | 1 | Only registered website users will be able to write reviews; and | ||
| 15. | 3. | 2 | We reserve the right to monitor/review your review; | ||
| 15. | 3. | 3 | 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; | ||
| 15. | 3. | 4 | 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. | ||
| 15. | 3. | 5 | 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; | ||
| 15. | 3. | 6 | 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. | ||
| 16 | FORCE MAJEURE | ||||
| MegaBuild is not responsible for delay or non-fulfillment of the contract when caused by war, Acts of God, vis major, disturbance, strikes, lock-outs or any other cause whatsoever. Time stipulations for collection or delivery are subject to delay without any liability attaching to MegaBuild. | |||||
| ONLINE SECURITY TIPS | |||||
| 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 | |||||
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