General Terms & Conditions
Who you are contracting with:
www.buildvolume.co.za (the "Website") is owned and operated by buildvolume.co.za, a division of B Volume (Pty) Ltd, registration number: 2014/106460/07 (hereinafter referred to as "BuildVolume").
Visitors to the Website ("Users" or "you"), including those Users who purchase any products on the Website ("Purchasers") are bound by these terms and conditions ("T&C"). If you do not agree to these T&C, do not continue to use the Website. Your continued use of the Website will constitute acceptance of the T&C, unmodified by you.
Layout of these T&C: These T&C's apply to your use of, and purchases made on, the Website and are divided into various sections as follows:
Part 1: Purchases from BuildVolume - terms and conditions applying to purchases from BuildVolume
Part 3: General - terms and conditions applying to your use of the Website and any purchases made by you on the Website. Please take note of the Disclaimer clause in particular.
PART 1: PURCHASES FROM BUILDVOLUME
BuildVolume Products & Availability
Stock availability: Stocks of all goods on offer are limited. BuildVolume shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should BuildVolume be unable to fulfill any order placed by you at the advertised price due to stock having sold out, BuildVolume will notify you and you will be entitled to a refund of the amount paid by you for such product, as explained in more detail in the Refund Policy ("Refund Policy")
Errors: Please note that although BuildVolume endeavours to accurately describe and/or depict each product on the Website, some descriptions or photographs may be of a generic nature and not specific to the particular product you wish to buy. However, should you be dissatisfied with the product you receive for any reason, you are entitled to return the product to BuildVolume for a full refund within 7 days of delivery. Please see our Refund Policy in this regard (which explains how and when you can be refunded, as well as how returns are to be made).
Agreements of Sale
Placing a product in a shopping basket or adding it to a wishlist without completing the purchase cycle does not constitute an agreement of sale and/or an order for such product, and as such, BuildVolume may remove such product from the shopping basket or wishlist if stock becomes unavailable and you cannot hold BuildVolume liable if such product is not available when the purchase cycle is completed at a later stage. An agreement of sale only comes into effect if and when: (a) you electronically submit a properly completed order for one or more products in your shopping basket; and (b) payment is either authorised, or received by BuildVolume in its bank account.
Termination of Sales & Cancellation of Orders
By BuildVolume: BuildVolume reserves the right, for purposes of preventing suspected fraud to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and BuildVolume, in whole or in part, on notice to you. BuildVolume shall only be liable to refund monies already paid by you (see BuildVolume's Refund Policy in this regard), and accepts no other liability, which may arise as a result of such refusal to process any order/sale.
By You: Save for certain exceptions, and subject to certain charges, you are entitled to cancel any sale concluded on this Website within 7 days after date of receipt of the goods and to obtain a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date). Please read the Refund Policy for further details in this regard.
Amounts payable by You
Prices: The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed. However, note the following for pre-order products (being products pre-ordered in advance of their public release dates): if the price of that product upon its release is lower than the price you paid for your pre-order, then your account will be credited with the difference.
Delivery Charges: Delivery charges differ depending on a variety of factors, including product type, price, and weight, as well as whether delivery is to be made within, or outside, the borders of South Africa. Please see details of BuildVolume's delivery charges here: http://www.buildvolume.co.za/deliverycharges/
Value Added Tax: Value added tax at the rate of 15% is charged on goods bought by South African residents. VAT is not payable on orders if both the billing and the shipping address are international.
Import Duties: Import duties may be payable by recipients of goods in foreign countries. BuildVolume does not know what import duties/levies may be payable and cannot calculate or estimate such costs. You are responsible for determining whether any such import duties/levies are payable and, if so, the amount thereof.
Errors: BuildVolume shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, BuildVolume will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.
Subject to any exceptions expressly mentioned below, your payment for any products ordered from BuildVolume must be made to us in any one of the following ways:
1. Credit card payments.
At the time of placing the order, the transaction details are presented to the bank and payment is collected immediately. If the bank's authorisation is not obtained, the order will be cancelled. BuildVolume may carry out certain fraud checks with the cardholder or the cardholder's bank, should BuildVolume be unable to verify the validity of the transaction the order will be cancelled.
Storing credit card details: Note that the Website may enable you to store your credit card details for easy usage later. However, BuildVolume is not the one collecting, storing or otherwise processing your credit card details. Instead it is PayU Payment Solutions (Pty) Ltd ("PayU"), a Payment Card Industry ("PCI") compliant payment service provider, who will collect, store and process your credit card details for you, and display them to you later on the payment page of the Website and/or other external websites, which support this PayU facility. More specifically, by selecting to have your credit card details stored, you will be doing the following:
Contracting with PayU who will collect, store and process your credit card details for you on its systems in an encrypted format in PayU's secure PCI compliant environment (which is why you will be clicking to agree to its standard terms of service that are applicable to you);
Agreeing that BuildVolume may disclose (by means of a link between the Website and the systems of PayU) to PayU such of your information that BuildVolume has on record as is necessary to enable PayU i) to verify your identity and determine whether you are already a registered PayU user or not; ii) to create a profile for you and store your credit card details with reference to that profile; and iii) to check against your profile and pre-populate your credit card details on the Website, whenever you log into your account (without you having to actively call upon PayU to do so each time).
2. Bank deposits & Electronic Funds Transfer
If you select to pay via this method, instructions will be given on how to deposit monies into BuildVolume's bank account and it would be subject to the following rules:
The exact amount must be paid.
The payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer.
No transfers may be made from ATM's.
Cheque deposits are subject to a clearing period.
No bank deposits are accepted from outside the borders of South Africa.
your order will be cancelled if you choose to pay by bank deposit and the amount due is not paid within 5 business days.
BuildVolume delivers to addresses both within and beyond the borders of South Africa.
Delivery charges are calculated automatically on the total value and weight of all products included in an order for local deliveries when the order is created. Please read our Delivery Charges page for further details.
Delivery periods are only regarded as having commenced upon payment confirmation being received by BuildVolume. If paying with a specific credit card for the first time on the Website, or if BuildVolume regards the transaction to be large and/or unusual, BuildVolume may carry out certain fraud checks with the cardholder's bank and the delivery period shall only be regarded as having commenced upon completion of such checks.
Delivery periods are calculated based on business days only. Saturdays, Sundays and public holidays are not taken into account in calculating delivery periods. So, for eg, if you order something over the weekend, the delivery period will only start running on the next business day.
If products with different delivery times are ordered together, the product with the longest delivery time will determine the delivery time of all the products in the order. So, if you want to order various products where some have a shorter delivery period than others (including so-called '24 hour dispatch products'), BuildVolume recommends that you order such products separately from the products requiring longer delivery times.
BuildVolume makes every effort to ensure that the information supplied on the Website is accurate. Where delays and out of stock situations occur, every reasonable effort will be made to inform the Purchaser.
Daily cut off times for standard pickups via Fastway Couriers will be 14h00 Mon - Fri (excluding public holidays), to ensure all admin and standard processes can be completed by BuildVolume in time all orders after 13h00 will only be packed and processed the following business day.
Daily cut off times for express/overnight service pickups via FedEx will be 13h00 Mon - Fri (excluding public holidays), to ensure all admin and standard processes can be completed by BuildVolume in time all orders after 12h00 will only be packed and processed the following business day. (For Express services additional charges may apply)
Outside the borders of South Africa
Goods to the following international destinations are sent as follows:
African countries - delivery to a post office in such African country or via courier;
All other countries - via airmail parcel post or via courier (the costs of courier delivery usually being very high and determined on an ad hoc basis).
Delivery usually takes place within 2 or 3 weeks after dispatch, however, seasonal peaks and delays at customs are outside the control of BuildVolume and deliveries may take up to 12 weeks.
Pre-order products (being products you can order in advance of their public release date) will be handled separately and will be shipped when ready. If you have any pre-orders in your basket together with other products, the basket will be split into different orders, and you may choose different delivery addresses for each order.
Vouchers & Coupons
BuildVolume may make physical and/or electronic gift vouchers ("Vouchers"), as well as electronic promotional coupons ("Coupons") available on the Website from time to time. Vouchers and Coupons can only be redeemed while they are valid (their expiry dates being unable to be extended), and on the Website towards the purchase of BuildVolume products. More specifically:
Physical Vouchers can be purchased and will be delivered in the same way that BuildVolume products are, either on their own or together with other products. However, if you place any electronic Vouchers in your shopping basket with other goods, the system will split the basket contents into two orders (one for the goods, and one for the electronic Voucher/s). Payment for the electronic Voucher/s will also be obtained from the bank immediately.
Vouchers cannot be:
Used to purchase other Vouchers or Coupons.
exchanged for cash or
transferred or assigned to any other person once already partially redeemed towards a purchase.
Please note that certain Vouchers may be product-specific in that they can only be used to purchase specific BuildVolume products listed on the Website.
Coupons are issued electronically at BuildVolume own discretion. Users do not have a right to Coupons and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used. As a general rule, and unless specified otherwise on the specific Coupon itself:
A Coupon can only be used with promotional offers on the Website.
Only one Coupon can be used per shopping basket; and
The value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you. Please note the following exception in this regard: should the value of the products in your shopping basket have qualified for 'Free Delivery', but after application of the Coupon to such basket, the remaining balance is less than the value required in order to qualify for Free Delivery, delivery costs in respect of such basket will be added and be payable by you.
Note that Coupons cannot be:
Used to purchase other Vouchers or Coupons.
exchanged for cash; or
transferred or assigned to any other person.
PART 2 - GENERAL
Note that this Part 2 applies to all purchases made on the Website.
Restrictions on Sales
The onus is on you to ensure that you and/or the person for whom you may be buying a product on the Website, meet any age restrictions applicable to such and that these restrictions are observed. Accordingly, you indemnify BuildVolume from any and all liability in this regard, including any liability arising as a result of your failure to provide accurate information in this regard when completing the Website registration process.
Defects, Returns, Refunds & Guarantees
Should you not be satisfied with any product purchased by you on the Website, by reason of a defect, incorrect choice of product, or otherwise, you may, under certain circumstances, be entitled to either be refunded or have the product repaired or replaced, as the case may be. Consumables carry no warranty other than to be free of defects upon arrival. The exchange period for this is 7 days after purchase. The exchange process will first be followed. The Refund Policy regulates your rights in this regard, and how products are to be returned to us. Please click here to read such Refund Policy. an Inspection fee will be applicable.
A full record of every sale and related transaction between you and BuildVolume shall be maintained on the Website for a period of 12 months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, whereafter, you shall be responsible for retaining your own record of the relevant sale or related transaction.
Save for BuildVolume being liable to you:
Under the Consumer Protection Act 68 of 2008 ("CPA") in relation to any products sold by BuildVolume to you via the Website; and
under sections 43(5) and 43(6) of the ECT Act in relation to BuildVolume's payment systems not being sufficiently secure,neither BuildVolume nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website. Furthermore, BuildVolume makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to email@example.com
Although the products sold via the Website may be under warranty, the Website itself is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of BuildVolume and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
Governing Law and Jurisdiction
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the 'Disputes' clause of these T&C, you and BuildVolume submit to the non-exclusive jurisdiction of the South African courts.
Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that BuildVolume suffers any damage or loss.
You agree and warrant that your log-in name and password shall be used for your personal use only and shall not be disclosed to any third party.
You allow BuildVolume to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.
All credit card transactions are Secure Socket Layers encrypted. BuildVolume registration documents and the Website's registered domain name are checked and verified by Thawte.
Changes to Agreement
BuildVolume may, in its sole discretion, change these T&C or any part thereof at any time on notice to you. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website.
Between you and BuildVolume: Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and BuildVolume on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of BuildVolume, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. . The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf.
Address for Notices
BuildVolume chooses as its address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: Unit1, Block1, Boardwalk Office Park, Eros Road, Faerie Glen, Pretoria, Gauteng, South Africa, 0043 with a copy to firstname.lastname@example.org (the sending of such copy being required in order for any notice to be validly delivered to BuildVolume).
Term and Termination
These T&C shall commence from the date on which they are published on the Website and continue indefinitely, as amended by BuildVolume from time to time (as described above), for so long as the Website exists and is operational, BuildVolume being entitled to terminate these T&C and/or shut down the Website at any time (subject to still processing any orders then already placed and accepted by BuildVolume).
Copyright & other Intellectual Property Rights
Any and all copyright subsisting in the Website, including these T&C, vests in BuildVolume and all rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this Website email@example.com or phone customer support on +27 (0)10 594 4644 for assistance.
BuildVolume cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform BuildVolume of any content that may be offensive or illegal.
All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to BuildVolume and as such are protected from infringement by local and international legislation and treaties.
When you visit the Website or send e-mails to BuildVolume, you consent to receive communications from BuildVolume electronically and agree that all agreements, notices, disclosures and other communications sent by BuildVolume satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing".
Hyperlinks, Framing, Spiders & Crawlers
Hyperlinks provided on this Website to non-BuildVolume sites are provided as is and BuildVolume does not necessarily agree with, edit or sponsor the content on such web pages.
No person, business or web site may frame this site or any of the pages on this Website in any way whatsoever.
No person, business or web site may use any technology to search and gain any information from this Website without the prior written permission of BuildVolume. Such permission could be obtained from firstname.lastname@example.org.
The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.
Full name: Build Volume, a division of B Volume (Pty) Ltd, registered in South Africa, registration number 2014/106460/07
Main business: Online retailer
Address for receipt of legal service:
Unit A3, Ground Floor, Block A1, Boardwalk Office Park, Phase 5, 107 Boardwalk Boulevard, Faerie Glen, Pretoria, Gauteng, South Africa, 0043
Office bearers: Don Vermeulen (Director)
Official email address: email@example.com
PROATIA: The manual published in terms of section 51 of the Promotion of Access to Information Act No 2 of 2000 may be downloaded from http://www.justice.gov.za/legislation/acts/2000-002.pdf
Code of Conduct: not applicable