Terms and Conditions Online Purchase
1.1 This website can be accessed at www.magicbuild.co.za, and software applications (the “Website”) and is owned and operated by a Vendor company (“Magic Builders Centre”, “we”, “us” and “our”).
1.2 These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
1.3 These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.4 The Website enables you to shop online for an extensive range of goods supplied by a hardware store and may include other items like: sport, home and kitchenware, toddler products, electronics, health and safety products, gardening, pet supplies, and more (“Goods”).
1.5 Magic Builder Centre does not allow any third party sellers to list the goods on this site.
2. IMPORTANT NOTICE
2.1 These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”). (Click here) These Terms and Conditions contain provisions that appear in similar text and style to this clause and which:–
May limit the risk or liability of Magic Builders Centre and/or
May create risk or liability for the user; and/or
May compel the user to indemnify Magic Builders Centre and/or
Serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
2.2 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Magic Builders Centre to explain it to you before you accept the Terms and Conditions or continue using the Website. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Magic Builders Centre in terms of the CPA.
2.3 Magic Builders Centre permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
3.1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to:–
3.1.1 your name and surname;
3.1.2 your email address;
3.1.3 your physical address;
3.1.4 your mobile number; and
3.1.5 Your proof of receipt.
3.2 Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
3.3 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
3.4 We will not, without your express consent:
3.4.1 Use your personal information for any purpose other than as set out below:
3.4.2 In relation to the ordering, sale and delivery of Goods.
In conclusion: Magic Builders Centre promise to offer the best service as far as possible.
4.1 Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
5. CONCLUSION OF SALES AND AVAILABILITY OF STOCK
5.1 Registered users may place orders for Goods, which Magic Builders Centre may accept or reject. Whether or not Magic Builders Centre accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Magic Builders Centre for the Goods.
5.2 NOTE: Magic Builders Centre will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Magic Builders Centre come into effect (the “Sale”). This is regardless of any communication from Magic Builders Centre stating that your order or payment has been confirmed. Magic Builders Centre will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
5.3 Prior to delivery or your collection of the Goods, you may give 24hr notice of cancelling an order using the same log in code, provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
5.4 Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods. Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Magic Builders Centre liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
5.5 You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Magic Build Centre, Magic Builder Centre will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Magic Builders Centre will notify you (via website or telephonic) and you will be entitled to a refund of a value of the goods.
6. PAYMENT METHOD OF PAYMENT
6.1 Prior to delivery or confirmation from Magic Build that the Products are ready for collection by you, Magic Build shall be entitled to either: A. Debit the Deposit Account on acceptance of your order should you be paying with a Deposit Account; or B. Process the order once Magic Build has received a successful confirmation of payment, should you be paying by EFT.
7. DELIVERY OF GOODS
7.1 Magic Builders Centre offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
Where it accepts your order, Magic Builders Centre will have the goods ready for collection, if goods are not collected within 3 days goods will be returned to the shelve.
B. Magic Builders Centre is obligated to deliver a product to you within 4 working days, provided you filled the proper physical address nominated by you for delivery of the order. Magic Builders Centre is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
C. Please note that transport is free within Tzaneen CBD.
8. INTELLECTUAL PROPERTY
All intellectual property rights, including copyright, in all materials, including trademarks, logos, photographs, images, text and other graphics which form part of the websites are owned by Magic Builders Centre. Such rights are protected by both South Africa and international intellectual property laws. All data and information communicated to or from the website and/or any website information as well as the database is the sole property of Magic Builders Centre.
9. WE MAY MONITOR YOUR COMMUNICATIONS
Subject to the provisions of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002 (“RIC Act”) you agree to permit us to intercept,
read, disclose and use all communications you send or post to us or the Website or using the Website and/or to our staff and/or employees.
10. ONLINE REGISTRATION
10.1 Registration and use this website only
Only registered users may order Goods on the Website.
10.2 To register as a user, you must provide a unique username and password and provide certain information and personal details to Magic Builders Centre. You will need to use your unique username and password to access the Website in order to purchase Goods.
10.3 You agree and warrant that your username and password shall:
Be used for personal use only; and not be disclosed by you to any third party.
For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
You agree to notify Magic Builders Centre (015 307 4408 or firstname.lastname@example.org or email@example.com) immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
10.4 By using the Website you warrant that you are over the age of 18 (eighteen) years and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
10.5 You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained
herein, without the prior written consent from an authorised Magic Builders Centre representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
10.6 You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
10.7 You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Magic Builders Centre representative.
11. PRODUCT IMAGES, REPRESENTATION AND PRODUCT DESCRIPTION
11.1 Magic Builders centre have made every effort to display the Products on the Website as accurately at the time posting on the websites, including:
11.2 the images that represent a visual depiction of the Product;
11.3 features and descriptions that pertain to the Product; and
11.4 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.
11.5 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.
11.6 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.
11.7 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.
11.8 Magic Builders Centre 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
11.9 If you are not satisfied with the Products delivered then you may return such Products subject to our Return and Refund Policy, as amended, from time to time.
12. PRODUCT PRICING AND AVAILABILITY
12.1 The Products displayed on the Website are subject to availability and will be delivered within 50km radius from Tzaneen CBD area, within the areas as determined by us from time to time.
12.2 It is your responsibility to ensure that the delivery address, including suburb and postal code, is correct. We will not be liable for any Products or additional costs which may be incurred as a result of Products delivered to an incorrect address which is provided by you.
12.3 All prices displayed on the Website are valid and effective only in the Republic of South Africa. 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.
12.4 Magic Builders Centre cannot guarantee availability of stock but will endeavour to source stock where possible to fulfil your order. Where items cannot be delivered, we will endeavour to contact you based on the information provided at registration, and either offer the option to cancel the order, reduce the quantities or offer suitable alternatives, where applicable. If we are unable to supply each and every item ordered or in the quantities ordered and cannot contact you then you nevertheless agree to accept delivery and make payment for those items correctly delivered.
12.5 For online purchases you will be charged the prices that are reflected on the Website, subject to availability and save where Inadvertent and Obvious Errors as set out in clause 22 below have occurred. The prices include Value-Added Tax. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.
12.6 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 Errors and Confirmation of Orders.
Magic Builder Centre shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should
there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), Magic Builders Centre shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
Magic Builders Centre and their staff shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
14. CONFIRMATION OF ORDERS
14.1 Orders placed online constitute your offer to purchase subject to these Terms. On receipt of your order we will send you an email and 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.
14.2 Magic Builders Centre will indicate our acceptance of your order by confirming delivery of the Products to you or allowing you to collect them. An agreement of sale will only be concluded when payment has been made and the products have been delivered at your chosen address or handed over to you for collection. This is regardless of any communication from us stating that your order or payment has been received.
14.3 Magic Builders Centre will indicate our rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid. Any Products or services on the same order which have not been dispatched/delivered to you will not form part of the contract between us.
14.4. By submitting an order to buy Products, you:-
14.4.1. Represent and warrant that you are over the age of 18 (eighteen) years;
14.4.2. Represent and warrant that, if paying via EFT “Electronic Fund Transfer”, that you have followed the payment instructions provided by Magic Build;
14.5 In placing an order you will be required to select whether the Products ordered will be collected or whether you would like us to deliver the Products to your specified delivery address.
14.6 In the event that you wish to change your order from a collection to a delivery, we will charge you an additional delivery fee.
14.7 All your orders placed through the Website can be viewed under the shopping cart tab.
14.8 Delivery and collection dates are only estimates, and as your order is processed you will be informed if any outstanding Products on your order are unavailable or delayed for any reason.
15. STORE COLLECTION
15.1 You may place an order online and then collect it from store. To collect in store, place your order online as normal and select the “store collection” option instead of entering your delivery details.
15.2 Products may only be picked up from the store upon presentation of a valid proof of identity and the collection notice, which can be printed either once payment is complete or in your order tracking NO. Please ensure that the person you have named to pick-up the order presents one of the following forms of identification:
15.2.1 South African ID; or
15.2.2 South African driver’s license; or
15.2.4 Tracking Number
15.3 All orders must be collected within 4 (seven) days from the store, falling which we cannot guarantee availability of such Products.
Refer to the Terms and Condition to the Coupons link on Magic Builders Centre website
16.1 Coupons are not applicable for this services can only be validated in the store.