Terms & Conditions
WEBSITE TERMS AND CONDITIONS
Effective date 28 December 2020
1.1 These Terms govern your access to the website located at www.builders.co.za and associated web pages ("Website"). These Terms are a valid and binding contract between you and us. It is therefore important that you read and understand these Terms. You may not access the Website unless you agree to abide by these Terms without modification. By accessing the Website and/or registering on the Website, you signify your agreement to these Terms.
1.2 Important clauses of these Terms, which may limit our responsibility or involve some risk for you are reflected in bold. You must pay special attention to these clauses.
1.3 Please note that these Terms make use of a series of terms and phrases which have specific meanings in these Terms. These terms and phrases are listed below, together with general interpretive principles which are used to interpret these Terms.
1.4 If you have any questions regarding our Website, the terms, products or services, please access: https://www.builders.co.ke/contact-us to contact us.
2.1 These Terms may contain a number of terms and phrases which have a specific meaning in this document. In these Terms, headings are for convenience and shall not be used in its interpretation.
2.2 Unless we indicate to the contrary in these Terms, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.
2.3 The following expressions shall bear the meanings assigned to them below and related expressions shall bear corresponding meanings –
2.3.1 “access” when used in the context of –
126.96.36.199 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;
188.8.131.52 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;
2.3.2 “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;
2.3.3 “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 36 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
2.3.4 “intellectual property” means, collectively, the patents, copyrights (and moral rights), trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, know-how, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which we own, license, use and/or hold (whether or not currently) on or in connection with the Website;
2.3.6 “eCentric” means the service provider who shall be processing the payments made by the Customer to Builders by means of a credit card or EFT purchase via the Website;
2.3.7 “Online Account” means your online customer profile account against which account you can transact online or in store, subject to these terms and conditions;
2.3.8 “post” means to upload, publish, transmit, share or store;
2.3.9 “Product” means the products which can be purchased on the Website in terms of these Terms and “Products” shall have a similar meaning;
2.3.11 “Trade Account” means a 30 (thirty) day incidental credit account, which a Customer may have been granted by Builders, which is subject to various terms and conditions, which you agreed to when opening up the Trade Account;
2.3.12 “trademarks” means those trademarks we own (or which we are designated as beneficial owner of) and any other trademarks, designs, logos, style names, tag lines and slogans which we own or have the right to use or any derivative service offerings of, and applications for, any of same;
2.3.13 “you” and "Users" means the Website’s users;
2.3.14 “us”,“we” and “Builders” means Builders Warehouse (Kenya) Limited, registration number CPR/2012/79201, a private company duly incorporated in accordance with the company laws of Kenya (including our affiliates and subsidiaries) and the South African entity Builders, a division of 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);
2.3.15 “Website” means the Builders website at www.builders.co.ke
2.4 Any reference in these Terms to a party shall, if such party is liquidated or sequestrated (the meaning of which includes any analogous proceedings in any other jurisdiction), be applicable also to and binding upon that party’s liquidator or trustee, as the case may be.
2.5 When any number of days is prescribed such number shall exclude the first day and include the last day unless the last day falls on a Saturday, Sunday or gazetted public holiday in the Republic of South Africa or Kenya, 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 or Kenya;
2.6 All annexures, addenda and amendments to these Terms form an integral part of these Terms and, therefore, our contract with you.
3 AMENDMENTS TO THE WEBSITE
We reserve the right, in our sole discretion, to, and you agree that we may, amend these Terms at any time, in any way and from time to time. We will publish the amended Terms on the Website. These amendments shall come into effect immediately and automatically and you will be bound by them. It is your responsibility to review these Terms regularly and to ensure that you familiarise yourself with any amendments to these Terms. If you do not agree with any amendments to these Terms, you may no longer access the Website.
4 LEGAL AGE AND CAPACITY
4.1 You may not access the Website and may not accept these Terms if you lack the legal capacity to enter into a binding contract with us; are a person barred from accessing to the Website under the laws of Kenya or other countries including the country in which you are resident or from which you make access the Website.
4.2 In accessing the Website you represent and warrant that you are of full legal age (having reached the age of 18), or are emancipated or have your guardian’s consent to enter into a contract, being these Terms.
5 WE MAY CHANGE ASPECTS OF THE WEBSITE
5.1 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.
5.2 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.
6 PERSONAL INFORMATION
6.2 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.
6.3 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.
6.4 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.
6.5 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.
8 ACCEPTABLE USE
8.1 You may not access the Website for or in conjunction with any illegal, unlawful or immoral purposes or as prohibited by these Terms.
8.2 You may not frame the Website in any way whatsoever without our prior written permission. Recognising the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding your conduct on the Website.
8.3 You agree to adhere to generally acceptable Internet and e-mail etiquette. In this regard, without being limited to the examples listed below, you agree not to:
8.3.1 engage in any abuse of e-mail or spamming, including, without being limited to –
184.108.40.206 the posting or cross-posting of unsolicited content with the same or substantially the same message to recipients that did not request to receive such messages; and
220.127.116.11 inviting people who you may be connected to using third party services to access the Website where those people may not wish to receive such invitations or similar communications (in other words, make sure your contacts on other services are receptive to receiving invitations to joining us and accessing the Website or other communications you send them from us);
8.3.2 engage in any activity intended to entice, solicit or otherwise recruit Website users to join an organisation except where we expressly authorise such activities in writing;
8.3.3 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;
8.3.4 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;
8.3.5 use the Website to make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters";
8.3.6 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;
8.3.7 use the Website to post anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
8.3.8 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;
8.3.9 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;
8.3.10 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;
8.3.11 otherwise use the Website to engage in any illegal or unlawful activity.
8.4 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:
18.104.22.168 without notice, suspend or terminate your access to the Website;
22.214.171.124 hold you liable for any costs we incur as a result of your misconduct; and/or
9.1 Our license to you
9.1.1 We grant you a personal, non-commercial, revocable, worldwide, royalty-free, non-transferrable and non-exclusive licence to access our content on the Website. This licence 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.
9.1.2 Unless we have given you specific written permission to do so, you may not transfer, through an assignment of rights, sub-licence or otherwise, your rights to access the Website.
9.1.3 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 trademarks, 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.
9.1.4 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.
9.1.5 You may only cache the Website if:
126.96.36.199 the purpose of caching is to make the onward transmission of the content from the Website more efficient;
188.8.131.52 the cached content is not modified in any manner whatsoever;
184.108.40.206 your manner of access to the data complies with general conditions of access set out in these Terms;
220.127.116.11 you do not interfere with the lawful use of technology to obtain information about how the cached data is being used;
18.104.22.168 the cached content is updated at least every 12 (twelve) hours; and
22.214.171.124 the cached content is removed or updated when we request that do so.
9.2 Your license to us
9.2.1 We do not claim any ownership rights in your content. You retain any rights that you may already have in your content should you post your content to or otherwise access the Website, subject to the limited license you grant to us.
9.2.2 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.
9.2.3 The license you grant to us means that -
126.96.36.199 you are free to license your content to anyone else in addition to us;
188.8.131.52 we are not required to pay you for the use of the content you post to the Website;
184.108.40.206 we may make commercial use of your content;
220.127.116.11 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
18.104.22.168 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.
9.2.4 Because you can only lawfully license content you have certain rights in, you represent and warrant that:
22.214.171.124 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
126.96.36.199 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.
9.2.5 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.
10 LIMITATION OF LIABILITY
10.1 To the fullest extent permissible by law, we disclaim all warranties of any kind, whether express or implied, including without limitation to the implied warranties that the content published to the Website is fit for any purpose.
10.2 When you access the Website, it is entirely at your own risk. The Website is made available to you “as is”.
10.3 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. We reserve the right, in our sole discretion, to correct any errors or omissions on or relating to the Website without notice to you.
10.4 Information, ideas and opinions expressed on or through the Website should not be regarded as professional advice or our official opinion and you are strongly advised to seek appropriate professional advice before acting on such information.
10.5 Whilst we take reasonable precautions in our operation of the Website, neither we or our agents or representatives will assume any responsibility and neither we or our agents or representatives (in whose favour this constitutes a stipulatio alteri or stipulation for another) shall be liable for any damages to or for viruses that may infect your computer equipment or software or other property on 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 to the Website.
10.6 We will use reasonable endeavours to make the Website available to you, and keep the Website available to you at all times. However, you agree that we shall not be liable in respect of any loss or damage caused by or arising from the unavailability of, any interruption in or your use of the Website access (either in part or as a whole) for any reason whatever.
10.7 You further agree that –
10.7.1 under no circumstances whatsoever, including as a result of our negligent acts or omissions or those of our directors, officers, servants, agents or contractors or other persons for whom in law we may be liable, shall we or our directors, officers, servants, agents or contractors or other persons for whom in law we may be liable (in whose favour this constitutes a stipulatio alteri or stipulation for another), be liable for any direct, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information, content or data and/or loss of contracts sustained by you, your directors, servants, dealers or customers, resulting from your use of or inability to access to the Website;
10.7.2 you waive and may not bring any claims or legal action arising out of, or related to Website access or these Terms more than 6 (six) months after the cause of action relating to such claim or legal action arose.
11.1 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 (in whose favour this constitutes a stipulatio alteri or stipulation for another) from any loss, damage, damages, liability, claim or demand due to or arising out of your access to the Website or your breach of these Terms.
12 RIGHTS INFRINGEMENT
12.1 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 email@example.com or calling us directly on 086 028 4533. Please include the following information in your complaint which may be of assistance in resolving the problem:
12.1.1 the full names and address of the complainant;
12.1.2 the written or electronic signature of the complainant;
12.1.3 identification of the right that has allegedly been infringed;
12.1.4 identification of the material or activity that is claimed to be the subject of unlawful activity;
12.1.5 the remedial action required to be taken by the service provider in respect of the complaint;
12.1.6 telephonic and electronic contact details, if any, of the complainant;
12.1.7 a statement that the complainant is acting in good faith;
12.1.8 a statement by the complainant that the information in the take-down notification is to his or her knowledge true and correct.
12.2 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.
12.3 You further have the right to submit your complaint to the Kenya Consumers Protection Advisory Committee ("Committee") through the Consumer Federation of Kenya: Secretary General Consumers Federation of Kenya (COFEK), Rehema Place, Block F-45 Ngong Road/Ring Rd Kilimani Junction, PO Box 28053-00200 City Square Nairobi – Kenya. Phone: 0715555550
13 DEALINGS WITH THIRD PARTIES
13.1 Links to and from the Website from and to other Websites belonging to or operated by third parties (“linked Websites”) do not constitute our endorsement of such linked 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.
13.2 We have no control over linked Websites and you agree that we are not responsible or liable for any content, information, goods or services available on or through any such linked 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 linked Websites. You further agree that where you access linked Websites, you do so entirely at your own risk.
13.3 Your interaction, correspondence or business dealings with third parties which are referred to or linked from or to the Website is similarly entirely at your own risk and are solely between you and such third party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.
14 GOVERNING LAW AND JURISDICTION
14.1 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.
14.2 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.
15 LEGAL SERVICE OF DOCUMENTS AND NOTICES
15.1 We choose the addresses set out in clause 20 below for all communication purposes under these Terms, whether in respect of court process, notices or other documents or communications of whatsoever nature.
15.2 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 than 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.
16 WE MAY MONITOR YOUR COMMUNICATIONS
16.1 Subject to the provisions of the Computer Misuse and Cybercrimes Act ("CMC Act") you agree to permit us to intercept, block, filter, read, delete, 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.
16.2 You agree and acknowledge that the consent you provide above satisfies the “writing” requirement specified in the CMC Act.
16.3 We reserve the right, but have no obligation, to monitor the content you post on the site. We reserve the right to remove any such information or material for any reason or no reason, including without limitation if in our sole opinion such information or material violates, or may violate, any applicable law or our Terms, or to protect or defend our rights or property or those of any third party. We also reserve the right to remove information upon the request of any third party.
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 pro non scripto (as if it were not written) and severed from these Terms, without invalidating the remaining provisions of these Terms.
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 (including without limitation, applying for urgent and/or interim relief or claiming damages), without incurring any liability to you of any nature whatsoever and howsoever arising, and all of our rights in this regard are expressly reserved.
19 GENERAL TERMS
19.1 You agree that:
19.1.1 you are bound by these Terms;
19.1.2 data messages addressed by you to us shall be deemed to have been –
188.8.131.52 received if and when responded to;
184.108.40.206 sent by you within the geographical boundaries of Kenya;
19.1.3 electronic signatures, encryption and/or authentication are not required for valid electronic communications between you and us;
19.1.4 as well as warrant that data messages that you send to us from a computer, IP address or mobile device normally used by you, was sent and/or authorised by you personally.
19.3 No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms which we may show, grant or allow you shall operate as an estoppel against us in respect of its 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 its rights against you which may have arisen in the past or which might arise in the future.
19.4 Nothing in this agreement shall create any relationship of agency, partnership or joint venture between you and us and you shall not hold itself out as our agent or partner or as being in a joint venture with us.
20 COLLECTION OF COOKIES
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
In addition to the above clauses, the following clauses will be applicable to the use of the Website pertaining the viewing and/or purchasing of the Products on the Website:
21 ONLINE REGISTRATION
21.1 Registration as a purchaser on the Website is free and does not oblige you to purchase anything. You must register with Builders before placing your first order online.
21.3 When registering with Builders as a purchaser, you will be required to provide an email address and a password which will be used as your username for the Website. Please keep your password private as Builders accepts no liability for any damages suffered or losses incurred from the use or misuse of your account. Your password must consists of a minimum 8 (eight) characters which must include a minimum 1 (one) capital letter, 1 (one) number and 1 (one) special character.
21.4 You will be required to enter your email address and password each time you visit our Website. To amend any registration particulars please click on “My Account” > “My Profile” where you can edit your details.
21.5 In registering as a purchaser you are required to provide Builders with complete and accurate information about yourself. By doing so you warrant that the information provided is correct. Upon acceptance of your registration, you will receive an email confirming your registration as a purchaser on the Website.
22 PRODUCT IMAGES, REPRESENTATION AND PRODUCT DESCRIPTION
22.1 Builders has made every effort to display the Products on the Website as accurately as possible, including:
22.1.1 the images that represent a visual depiction of the Product;
22.1.2 features and descriptions that pertain to the Product; and
22.1.3 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.
22.2 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.
22.3 As the actual colours you see will depend on your computer's monitor Builders cannot guarantee that your monitor's display of any colour will be accurate.
22.4 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.
22.5 Builders may suggest, from time to time, related Products to the Product that you are viewing on the Website. These related Products are only indicative and not an exhaustive list. Builders shall not be liable in the event that you purchase a related Product which you do not require and/or is not suitable for your specific requirements.
22.6 If you are not satisfied with the Products delivered then you may return such Products subject to Builders return and refunds policy which is deemed to be incorporated into these Terms, as amended, from time to time.
23 OBVIOUS ERRORS
23.1 Builders will not accept any orders where Builders identifies an inadvertent and obvious error in the prices of Products or the description of any of the Products on the Website
24 PRODUCT PRICING AND AVAILABILITY
24.1 The Products displayed on the Website are subject to availability and will be delivered within Kenya only, within the areas as determined by Builders from time to time.
24.2 You will be required to select your fulfilment Store from which the Products will be Purchased. Available delivery areas are identified at the checkout process and subject to the area of the fulfilment Store which you have selected, when the delivery address is entered.
24.3 You may order Products from more than 1 (one) store, but additional delivery fees will be incurred.
24.4 It is your responsibility to ensure that the delivery address, including suburb and postal code, is correct. Builders will not be liable for any Products or additional costs which may be incurred as a result of Products delivered to an incorrect address which is provided by the customer.
24.5 All prices displayed on the Website are valid and effective only in the Kenya for the day that they are viewed. Builders reserves the right, without prior notice, to discontinue or change pricing or specifications of products offered on this Website without incurring any liability whatsoever.
24.6 Builders cannot guarantee availability of stock but will endeavor to source stock where possible to fulfil your order. Where items cannot be delivered, Builders will endeavor to contact you based on the information provided at registration, and either offer the option to cancel the order or reduce the quantities, where applicable. If Builders is unable to supply each and every item ordered or in the quantities ordered and cannot contact you then you nevertheless agrees to accept delivery and make payment for those items correctly delivered.
24.7 You will be charged the prices that are reflected on the Website, subject to availability. The prices include Value-Added Tax. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.
24.8 Builders pensioners discount is applicable to Website generated sales and subject to the pensioner discount terms and conditions, as determined by Builders from time to time. Only if you qualify for such a discount would it be applied to you.
25 METHODS OF PAYMENT
25.1 Prior to delivery or confirmation from Builders that the Products are ready for collection by you, Builders shall be entitled to either:
25.1.1 debit the credit card supplied by you on acceptance of your order should you be paying with a credit card; or
25.1.2 debit the Trade Account on acceptance of your order should you be paying with a Trade Account; or
25.1.3 debit the Deposit Account on acceptance of your order should you be paying with a Deposit Account; or
25.1.4 process the order once Builders has received a successful confirmation of payment, should you be paying by EFT.
25.2 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:
25.2.1 debit the credit card supplied by you on acceptance of your order should you be paying with a credit card; or
25.2.2 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.
25.3 All payments made by a credit card or EFT shall be processed by PayU and Builders. Your credit card details and personal information shall be provided by you to PayU in order for the payment transaction to be processed.
26 3D SECURE
26.1 When using your credit card for online shopping, Builders, through PayU, may use 3D Secure as an additional security measure should your issuing bank supports it.
26.2 3D Secure will authenticate your personal details and will authorise payment for online shopping. If your issuing bank supports 3D Secure but you have not activated it, you will be redirected during the payment process to set it up.
27.1 By submitting an order to buy Products, you:-
27.1.1 represent and warrant that you are over the age of 18 (eighteen) years;
27.1.2 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 credit card, Trade Account or Deposit Account, if you are paying via any of these payment mechanism;
27.1.3 represent and warrant that, if paying via EFT, that you have followed the payment instructions provided by PayU;
27.1.4 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 this Agreement.
27.2 In order to protect our interests as well as yours, we may, but are not obliged to do so, scrutinise transactions to prevent fraud. Any transactions may be refused by Builders if Builders is not satisfied that it is legitimate.
27.3 You may pay for the Products by using a valid Master or Visa Credit Card, EFT, Trade Account or Deposit Account, by authorized mobile money payment platforms or such other payment methods as may be determined by Builders from time to time. No other method of payment, including gift vouchers, will be accepted by Builders in respect of the purchase of Products on the Website.
27.4 In placing an order you will be required to select whether the Products ordered will be collected from the selected Store or whether you would like Builders to deliver the Products to your specified delivery address.
27.5 In the event that you wish to change your order from a collection to a delivery, Builders will charge you an additional delivery fee.
27.6 All your orders placed through the Website can viewed under the “My Profile” > “Order History” tab.
27.7 On receipt of your order, Builders will send you an email describing the Products that you have ordered on the Website and a sms confirming the order number. This email shall confirm that Builders has received your order, but does not represent any acceptance of your offer to purchase the Products contained in that order.
27.8 Builders is not legally obliged to provide the Products to you during the offer process.
27.9 The contract of sale between you and Builders will only be completed when Builders dispatches the Products to you. Any Products on the same order which have not been dispatched to you do not form part of that contract.
27.10 Delivery and collection dates are only estimates, and as your order is processed you will be informed you if any outstanding Products on your order are unavailable or delayed for any reason.
28.1 Builders shall only deliver to certain areas. If Builders does not deliver to your area, you may collect the Products from the Store directly.
28.2 A delivery fee will be charged for each delivery order placed by you. Builders delivers from Monday to Friday, 08h00 to 17h00 on Saturday between 08h00 and 13h00. Builders does not deliver on Sundays and any Kenyan public holiday. Should it be unavoidable for us to exceed these delivery times, you will be notified either telephonically or electronically.
28.3 In the event that you request your order to be delivered to multiple addresses, you will be charged additional delivery fees.
28.4 Builders and/or the Delivery Service Provider may be required to make multiple deliveries to your delivery address. In the event that Builders and/or the Delivery Service Provider elects to make multiple deliveries of your order, then you will not be charged any additional delivery fees. You will be advised by Builders of multiple dispatches to your delivery address.
28.5 You must ensure that the correct delivery address is provided to Builders and Builders shall not be liable for any deliveries made to an address incorrectly provided by you.
28.6 You hereby authorise Builders to provide your personal information, including your name, delivery address and telephone number to our third party service provider (“Delivery Service Provider”) for the purpose of effecting the delivery.
28.7 Builders and/or the Delivery Service Providers deliver to registered customers within certain specified delivery areas. Deliveries to outlying areas shall attract an additional surcharge that will be calculated on checkout. An outlying area refers to a suburb or town that falls out of any regional town/city or main center. Outlying areas include farms, mines and townships.
28.8 Builders and/or the Delivery Service Provider may contact you regarding your orders from time to time.
28.9 On each delivery of the order to the specified delivery address, you will receive a delivery note from either Builders or the Delivery Service Provider, showing the items delivered.
28.10 For verification purposes, the person accepting delivery at the delivery address will be required to produce a form of identification. Any person other than yourself who receives the Products at the delivery address is presumed to be authorised to accept delivery on your behalf.
28.11 Should no-one be in attendance at the delivery address specified by you at the time of delivery, the driver will return the Products. Builders or the Delivery Service Provider will attempt to contact you to make new arrangements for delivery. Builders reserve the right to charge an additional delivery fee should it be required under these circumstances. Builders’ sole liability for failing to deliver the Products timeously is limited to delivery being affected at a later agreed time and at no additional charge.
28.12 Builders or the Delivery Service Provider shall not be liable for any losses or damages suffered by any person, including you, as a result of any act or omission by Builders or the Delivery Service Provider in delivering the Products to the delivery address.
28.13 Builders will deliver to the pavement of your allocated delivery address. It is your responsibility to ensure that you have made arrangement to accept delivery and storage of the Products. Builder shall not dismantle or assemble any Products for you, nor shall Builders connect any appliances, fixtures or fittings for you.
28.14 You warrant that the delivery address is suitable for entry by Builder’s and/or its Delivery Service Provider’s vehicles and should a claim arise from damage to items such as driveways, overhead cables or walls, then you will be liable for such damages.
29 CLICK & COLLECT
29.1 To collect in-store, place your order online as normal and select the “collect” option instead of entering your delivery details.
29.2 Products may only be picked up from your chosen fulfilment Store upon presentation of a valid order number, which can be printed either once your payment is complete, or in your Online Order history.
29.3 All orders must be collected within 7 (seven) days from the store, failing which, Builders cannot guarantee the availability of such Products.
30 ORDER TRACKING
30.1 You can track the status of your order by logging into your account and by clicking on “My Account” > “My Profile” > “Order History” which is under your personal account. Once you have selected the order that you wish to track you will be able to see if your order has been received by Builders, if it has been delivered to you and if it has arrived at the store of your choice for you to collect. The order history shall only track your online transactions and not any purchases made in store.
30.2 Builders will also send you e-mails and/or SMS's to advise you on the progress of your order. You can call us on 0860 284 533 to enquire about your order.
31.1 If for any reason you would like to cancel an order or any part thereof, this may be done by contacting our Contact Centre on 0860 284 533. You will only be able to cancel orders up to midnight on the day prior to the date of delivery.
31.2 You may return a Product, at your cost, to any Builders store provided you have the original invoice/proof of purchase and have complied with the required terms and conditions. Please refer to the Builders return and refund policy.
32.1 Builders will refund a purchase for the exact amount paid less any delivery costs already incurred by Builders;
32.2 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.
32.3 Builders, in its sole discretion, reserves the right to refund a maximum of KES 70,000 in cash to you or such other amount as determined by Builders, which cash payment will only be made at the store.
32.4 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).
32.5 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.
33 RISK AND OWNERSHIP
33.1 Risk in the Products shall pass to you by acceptance of the Products by your authorised representative on delivery or collection. We will retain ownership in the Products until payment has been received in full. In respect of Deliveries, ownership will pass on offloading of the Products to the pavement.
34 REVIEWS OF PRODUCTS
34.1 You may review any of the Products on the Website.
34.2 Builders reserves the right to amend or delete any reviews which are deemed, in Builder’s discretion, to be defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's personality rights.
34.3 By submitting a Product review, Builders may contact you in order to obtain further feedback from you in order to improve Products and services.
35 DEPOSIT TERMS AND CONDITIONS
35.1 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.
35.2 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.
35.3 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.
35.4 Payment of deposits into your Online Account may be made as follows:
35.4.1 In accordance with clause 26 above and via the Website;
35.4.2 Directly into Builders nominated Banking Account, using your Account Number as a reference;
35.4.3 Or in cash at any Builders Store, provided that such cash payment is less than KES 70,000.
35.5 You shall not earn any interest in respect of any deposit may into your Deposit Account. Amounts in your Deposit Account shall only be utilised for purchase of products sold by Builders. 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.
35.6 Should any deposit exceed the sum of KES 70,000 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.
35.7 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.
35.8 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:
35.8.1 Accrue on a day-to-day basis;
35.8.2 Be calculated on the actual number of days elapsed.
35.9 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:
35.9.1 all such documents as Builders may require are completed and submitted to Builders; and
35.9.2 subject to clause 33 above.
35.10 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.
35.11 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.
35.12 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.
36 VOUCHERS AND COUPONS
36.1 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.
36.2 There are two types of Coupons, a fixed amount voucher for a fixed discount, for example, KES1000,00 (one thousand kenyan shillings) off your purchase (“Fixed Discount Coupon”) and a percentage discount, for example, 10% (ten) percent off your purchase (“Percentage Discount Coupon”).
36.3 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.
36.4 Coupons may only be applicable to particular Products purchased on the Website and may be limited to a certain number of Products sold.
36.5 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.
36.6 Each Coupon can only be utilised once and only for 1 (one) order and for 1 (one) account holder.
36.7 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.
36.8 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.
36.9 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.
36.10 Coupons cannot be exchanged or refunded for cash or any credit and no User has any right to receive a Coupon.
36.11 Builders shall not be liable for any damage or loss which you, or any third party, may suffer as a result of any loss, unauthorized usage or distribution of any Coupon.
36.12 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 us by going to https://www.builders.co.ke/contact-us 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.
36.13 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.