General Terms & Conditions
1.1. In these conditions the words defined shall have the meanings assigned to them hereunder: “the goods” all goods and services sold by the seller; the seller” The Building Company (Pty) Ltd (hereinafter referred to as “The Building Company”), its subsidiaries, associated companies and entities; the purchaser” the person, partnership, firm, association, close corporation or company purchasing from the seller; “the parties” the seller and the purchaser collectively.
1.2. Headings and clauses shall be deemed to have been included for purposes of convenience only and shall not affect the interpretation of the agreement.
1.3. Unless inconsistent with the context of the words relating to any gender shall include, the other gender, words relating to the singular shall include the plural and vice versa, and words relating to natural persons shall include associations of persons having corporate status of common law.
APPLICATION OF CONDITIONS
All and any business undertaken by the seller is and shall be subject to the conditions hereinafter set out and each condition shall be deemed to be incorporated in and to be a condition of any agreement between the seller and purchaser.
RESERVATION OF OWNDERSHIP
3.1. The parties agree that this contract is subject to the express condition that ownership in goods shall remain vested in the seller until such as the purchase price is paid in full, whereupon ownership shall then pass to the purchaser.
3.2. Notwithstanding the reservation of ownership as aforesaid, all risk shall pass to the purchaser upon delivery of articles to the purchaser or his/her agent, by rail or to any other carrier for despatch to the purchaser, at which time the seller’s responsibility will cease and the articles will be deemed to have been delivered to the purchaser.
3.3. Upon signing acceptance of the goods, the purchaser will be deemed to have accepted same and no short/ non-delivery or other claim will be entertained after 48 (forty-eight) hours of delivery.
3.4. The supplier accepts no responsibility for any loss, damage or shortages after delivery of the goods to a contractor or authorised representative of the purchaser.
3.5. Until the purchaser has paid the amount due by him/her to the seller in full, the purchaser hereby appoints the seller as his/her agent in rem suam in so far as the same may be necessary for the seller to effect return of the goods.
4.1. Should the purchaser breach any of these Conditions of Sale, the seller shall in its election and without prejudice to any rights which the seller may in law have the right to:
4.1.1. cancel the contract without prior notice to the purchaser;
4.1.2. remove and repossess all the goods and recover the damages which the seller may have suffered consequent upon such cancellation;
4.1.3. abide by the contract and claim from the purchaser payment of the purchase price then outstanding which amount shall immediately become due and payable
LIMITATION OF LIABILITY
Save as set out in the Consumer Protection Act (No. 68 0f 2008), as amended, neither the seller nor any of its officers, members or agents shall be liable for any loss or damage, whether direct or indirect consequential, or otherwise suffered by the purchaser arising from any cause in connection with the supply of the goods.
ALTERATION OR WAIVER OF CONDITIONS
6.1. No agent or employee of the seller, other than a director thereof, has the seller’s authority to alter or vary these conditions.
6.2. No agreement varying, adding to, deleting from or cancelling any of these conditions, and no waiver of any rights under these conditions shall be effective unless reduced to writing and signed by both parties. No representations other than those included in this contract shall be of any force or effect unless reduced to writing and signed by both parties.
6.3. Once goods have been ordered by the purchaser such order cannot be varied or cancelled in any manner whatsoever, other than in writing and signed by both the purchaser and seller.
7.1. The proposed delivery date of goods shall not constitute a material term of this contract and any failure by the seller to adhere to such date shall not entitle the purchaser to cancel this contract nor relieve him/her from his/her obligation hereunder.
7.2. The purchaser shall be obliged to notify the seller in writing within 7 (seven) days of receipt of the products, of any defects or any other fault relating to the goods and in the absence of such timeous written notification to the seller be deemed to have been have acknowledged that the goods were received in good order and condition and to the purchaser’s satisfaction.
7.3. Seller’s liability in respect of any article or goods delivered which is proved to be defective shall be limited to either replacing such article, or at the purchaser’s election, refunding the purchase price paid to the seller.
7.4. In the event of any amount payable by the purchaser not being paid in full on or before the due date then the total amount owing in terms of this contact shall immediately become due and payable. The seller shall be entitled to charge interest in respect of any overdue amounts at the maximum rate permissible from time to time as set forth in the National Credit Act (No. 34 of 2005), as amended, or any other applicable legislation.
7.5. Goods returned must comply with The Building Company's current returns policy.
7.6. Payment of the purchase price or any part thereof by the purchaser to the seller may not be withheld pending the settlement of any claims or disputes.
7.7. No extension of time or other relaxation or indulgence which the seller may grant to the purchaser shall in anyway prejudice any of the seller’s rights hereunder and more particularly, and without derogating from the generality of the foregoing, no act of the seller in accepting an instalment after due date or in accepting a lesser sum than the amount due, shall operate as or be deemed to be a waiver by the seller of any of its rights hereunder or a novation of any of the terms or conditions of this sale.
7.8. The purchase price is payable to the seller in South African currency at the seller’s premises and any bank charges or variation in the rate of exchange shall be borne by the purchaser. Unless otherwise stated in writing by the seller, payment shall be made on delivery of the articles/ goods supplied.
7.9. In the event of the seller deciding to institute legal action for the enforcement of any of its rights against the purchaser, it shall be entitled to do so in the Magistrate’s Court which would, but for the amount of the claim, have jurisdiction.
7.10. The purchaser shall pay all legal costs incurred by the seller on an attorney own client scale in taking any legal action against the purchaser for the enforcement of any of its rights.
7.11. The purchaser hereby chooses domicilium citandi et executandi for all purposes incidental to or arising out of this contract, including the service of summons, at the address of the purchaser given on the order form.
GOVERNING LAW AND COUNTRY OF DOMICILE
Should the User utilise the Website for any purpose, the User hereby consents and submits to the jurisdiction of the South African courts in regard to all proceedings, actions, applications or the like instituted by either party against the other, and in anyway arising from the Terms and Conditions. The Website is controlled and operated from the Republic of South Africa and therefore at all times governed by South African Law and The building Company chooses 2nd Floor, Execujet Building, Tower Road, Cape Town International Airport, Cape Town, 7490, as its domicilium citandi et executandi for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
1.1. "direct marketing" means any direct communication between BUCO and you for the purpose of goods and service information, marketing goods or services, customer profile building and personal customer care;
1.2. “information” means any information, including personal information that you provide to BUCO;
1.3. “interactive sections” means all sections of the website which allow you to communicate via the website with other visitors of the website or with BUCO, including but not limited to forums, clubs, surveys, feedback forms, clubs and e-mails;
1.4. "personal information" means information relating to an identifiable, living, natural person, and where its applicable, an identifiable, existing juristic person, including, but not limited to:
1.4.1. Information relating to race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
1.4.2. information relating to the education or the medical, financial, criminal or employment history of the person;
1.4.3. any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
1.4.4. the biometric information of the person;
1.4.5. the personal opinions, views or preferences of the person;
1.4.6. correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
1.4.7. the views or opinions of another individual about the person and;
1.4.8. the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about that person.
1.5. “we” or “us” or “BUCO” means The Building Company (Pty) Ltd, and all its subsidiaries, associated companies and divisions trading as BUCO. BUCO is part of a group of brands that all trade under The Building Company (Pty) Ltd. When you share your information with one of our brands, you may be sharing it with one of the other brands.
1.6. “website” means www.buco.co.za
1.7. “social media” means any social media platform, including, but not limited to Facebook, Twitter, YouTube and Pinterest.
1.8. "you” or “user” means any person who accesses or uses the website;
COLLECTION OF PERSONAL INFORMATION
We collect certain information: when you make use of our services, necessary to provide the service to you; from your web browser; from cookies we may send to your computer and from web beacons on our website to track how you use our website and to try and give you a personalised experience; and optional information, that you provide when you upload or download content from our website or when you enter competitions, take advantage of promotions, respond to surveys or register and subscribe for certain additional services.
ACTIVE COLLECTION OF PERSONAL INFORMATION
3.1. You may also provide additional information to us on a voluntary basis (optional information). This includes content or products that you decide to upload or download from our website or when you enter competitions, take advantage of promotions, respond to surveys, order certain additional goods or services, or otherwise use the optional features and functionality of the website.
3.2. In these situations, BUCO will ask the user for particular information, and inform the user at each information point what information is mandatory and what information is optional, specifically in the instances of ordering any goods or services from us.
BY PROVIDING US WITH ANY GOODS, SERVICES OR OPTIONAL INFORMATION YOU ARE CONSENTING TO US TO COLLECT YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE LAW AND IN THE MANNER DESCRIBED BELOW:
4.1. You agree that BUCO may collect, use and store your personal information to:
4.2. establish and verify your identity;
4.3. maintain and update BUCO’s customer, or potential customer databases;
4.4. greet you when you access the website;
4.5. send you direct marketing material from which you will be able to opt out or unsubscribe;
4.6. provide you with value added services like specialized services and knowledgeable staff, free advice, technical call centre, peace of mind supplier backed warranties as well as special corporate deals;
4.7. send you messages about the website, your account, the goods and services we offer;
4.8. communicate with you in general;
4.9. customize the website to users' preferences;
4.10. inform you of facts relating to your website access and use;
4.11. improve the content of the website or any of our services; installation, guarantee, extended warranties, customer care and product reviews;
4.12. inform you about BUCO’s goods and services, including information particularly aimed at a specific user;
4.13. inform you about competitions, promotions and special offers from BUCO;
4.14. do marketing and product research for BUCO;
4.15. provide you with targeted advertising when you access the website.
DISCLOSURE / SHARING
6.1. You agree that BUCO may disclose, if needed, your personal information to:
6.1.1. BUCO affiliates;
6.1.2. Employees or third parties contracted or employed by BUCO to provide services for or to BUCO, including for example, website hosting and development, joint content and services; customer support, technical support, financial services like credit or other payment processing, delivery services, to guide decisions about our products, services and communications (they will only use this information to send you marketing communications if you have requested their goods or services); and other support services. These companies require access to users' personal information to perform their functions and not for any other purposes and BUCO will take all reasonable steps to enter into confidentiality and non-disclosure agreements with the relevant service providers;
6.1.3. Any third party to investigate or resolve complaints, including abuse complaints;
6.1.4. Credit bureaus to report account information, as permitted by law;
6.1.5. Banking partners as required by credit card association rules for inclusion on their list of terminated merchants (in the event that you utilise the services to receive payments and you meet their criteria);
6.1.6. Any third party who acquires all, or substantially all, of the assets or shares in BUCO, any of BUCO affiliates, and/or the BUCO website, whether by sale, merger, acquisition or otherwise. We will disclose the transfer on the website;
6.1.7. Governmental agencies, exchanges and other regulatory or self-regulatory bodies if BUCO is required to do so by law or if BUCO believes that this is necessary to:
6.1.8. comply with the law or with any legal process;
6.1.9. protect and defend the rights, property or safety of BUCO, its affiliates or their customers;
6.1.10. prevent or deal with fraud or the abuse, misuse or unauthorized use of the website;
6.1.11. protect the rights, property or safety of members of the public (if you provide false or deceptive information about yourself or misrepresent yourself as being someone else, BUCO will proactively disclose this information to the appropriate regulatory bodies and commercial entities);
6.1.12. You agree that BUCO may use your personal information to compile profiles for statistical purposes and may trade with these profiles and statistical data, provided that the third party will not be able to link the profiles or statistical data to the user.
BUCO may monitor, intercept, read, block, or delete communication over its information systems.
9.1. BUCO takes reasonable steps to put in place and maintain electronic procedures and systems with reference to accepted technological standards to secure all information under its control.
9.2. Our hosting company will host our website in a secure environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorise access to personal information only for those employees who require it to fulfil their job responsibilities.
ACCURATE AND UP TO DATE
10.1. We will try to keep the personal information we collect as accurate, complete and up to date as is necessary for the purposes explicitly defined in this policy. From time to time we may request you to update your personal information on the website. You are able to review or update any personal information that we hold on you by accessing your account online, by emailing us, or by phoning us. Please note that in order to better protect you and safeguard your personal information, we take steps to verify your identity before granting you access to your account or making any corrections to your personal information.
10.2. You may update or correct your personal information to ensure it is accurate, current, and complete, by e-mailing BUCO Head office at [email protected]
10.3. BUCO will take reasonable steps to correct or update such information as soon as possible.
10.4. You may choose to correct or update the personal information you have submitted to us, by clicking the relevant menu in any of the pages on our website.
RETENTION OF PERSONAL INFORMATION
11.1. We will only retain your personal information for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless:
11.2. retention of the record is required or authorised by law; or
11.3. you have consented to the retention of the record. During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell your personal information.
TRANSFER OF PERSONAL INFORMATION OUTSIDE OF SOUTH AFRICA
We may transmit or transfer personal information outside South Africa to a foreign country. Personal information may be stored on servers located outside South Africa in a foreign country whose laws protecting personal information may not be as stringent as the laws in South Africa. You consent to us processing your personal information in a foreign country whose laws regarding processing of personal information may be less stringent.
USERNAMES AND PASSWORDS
13.1. You acknowledge that Internet communications and transactions are not 100% secure or error free. In particular, information may not be secure in transit from the user to the website.
13.2. Moreover, where the user provides particularly sensitive personal information like passwords, ID numbers, or other special access features on this site, it is the user's responsibility to maintain the confidentiality of it and to safeguard them.
14.1. The website is not targeted at children under the age of EIGHTEEN and BUCO will not knowingly collect information from users in this age group.
14.2. We encourage parents to talk to their children about the use of the Internet and information they disclose to websites.
Unauthorized use of information systems may be a violation of the law, including the Electronic Communications and transactions Act 25 of 2002 and the agreement between you and BUCO. A violation may result in civil and/or criminal penalties.
QUERIES AND COMPLAINTS
RESOLUTION OF DISPUTES
17.2. The arbitration proceedings must be conducted in Johannesburg in English.
17.3. The arbitration ruling will be final, and the unsuccessful party will pay the costs of the successful party on an attorney and own client scale.
B. If you do not agree with anything in this policy, then you may not order any of our goods or order, register for, or use any of our services.
MARKETING & PROCESSING OF PERSONAL INFORMATION CONSENT
BUCO respects your privacy and will handle your personal information with care.
Policy updated (DD/MM/2021) To view and download this
BUCO passively collects from your browser, including an IP address, browsing habits, click patterns, version of software installed, system type, screen resolutions, colour capabilities, plug-ins, language settings, cookie information, and the page requested. A cookie is an alphanumeric identifier which BUCO’s computer system transfers to your hard drive through your web browser when you visit the website. It enables our system to recognize you when you visit the website again and to improve our service to you. For example, storing your preferred settings for the next time you visit.
Policy updated (DD/MM/2021)
PROMOTION OF ACCESS TO INFORMATION ACT MANUAL
The Promotion of Access to Information Act 2000 (PAIA) is a local law which enables people to gain access to information held by both public and private bodies.
This Act aims to:
- Encourage open sharing of information from companies
- The creation and promotion of a culture of social justice
- Have human rights respected by corporations and government. Learn more about your right to information and who can help you get it by downloading our PAIA Manual below.
SOCIAL MEDIA POLICY
Social Media Competitions
- Directors, members, partners, employees, agents of or consultants to The Building Company (Pty) Ltd, its subsidiaries, divisions and/or associated companies (“BUCO”) or any other person who directly or indirectly controls or is controlled by The Building Company, and their spouses, life partners, immediate family members and business partners;
- Directors, members, partners, employees, agents of or consultants to the advertising and promotion agencies of The Building Company and their spouses, life partners, immediate family members and business partners; and
- The Building Company directors, members, partners, employees, agents of or consultants to The Building Company or any other person who directly or indirectly controls.
- The competition commences on the day of posting on social media and ends on a date selected by BUCO.
- Winners will be drawn by random selection from all eligible entries. The judges’ decision is final and no correspondence in this regard will be entered into.
- The prizes for competitions vary from case to case.
- The prizes are not transferable and cannot be exchanged for cash or for any other item. If, for any reason, BUCO cannot provide any of the prizes, BUCO will award an alternative prize of a similar value.
- Each of the winner’s contact details will be obtained from the www.BUCO.co.za. Each winner will be informed telephonically and/or by e-mail within 24 hours after his/her name has been drawn, that he/she has won the prize.
- BUCO reserves the right to disqualify a winner if he/she does not respond to the telephone call and/or e-mail within 72 hours of being contacted or the notification being despatched, indicating that he/she accepts the prize. In such event, BUCO will be entitled to select another winner within 24 hours thereafter.
- If a winner cannot accept a prize for any reason, that winner will forfeit his/her prize and another winner will be selected. In order to claim his/her prize, a winner may contact BUCO Head Office.
- The voucher is redeemable at winners’ nearest BUCO store and will be deducted from their transaction.
By entering BUCO social media competitions, all participants agree to be bound by these terms and conditions.
1. In order to be eligible to enter competitions, a participant:
2. Must be at least 18 years old and residing in the Republic of South Africa;
3. Must have signed up online to be a part of our community during the promotional/competition period
4. Entered with a valid email address and mobile number;
5. All participants who meet the eligibility requirements set out above will be automatically entered into the competition.
The following persons and entities are not eligible to participate in the competition:
By participating in the competition, you agree, subject to applicable law, that neither BUCO nor any of their respective advertising agencies will be liable for any losses, damages, costs or claims in connection with the competition or resulting from acceptance, possession, or use of any prize.
BUCO reserves the right to terminate, suspend or amend the competition for reasons beyond its control. BUCO and its services providers, including any telephone network providers, are not responsible for incorrect or inaccurate transcription of entry information, technical malfunction, lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network, computer equipment or software, the inability to access any website or online services or for any other reason beyond its control.
Load-Shedding Subscriptions Competition
- To qualify to enter the Competition you must be a South African resident. The email address you provide with your competition entry (“Entry”) may be used to send any prizes so please make sure this is correct.
- Entrants must be 18 years or older to enter the competition.
- Employees (and their immediate families) of the Livingstone brand and The Building Company and its advertising agencies associated with this competition are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child, parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister.
- By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete. In the event that any entrant is disqualified from the Competition, The Building Company (BUCO) in its sole discretion may decide whether a replacement should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these rules.
- Subscribe to the BUCO mailing list to enter the competition
- Complete all fields that are on the entry form
- Enter online at www.buco.co.za
- Entries will be done and accepted by searching for the hashtag handles provided in BUCO Facebook post. The Facebook details of the entrant will be captured for winner selection options.
- The competition is limited to South African residents, within the borders of the Republic of South Africa.
- Competition closes on 30 July 2021.
By submitting your entry, you will be accepting these Terms and Conditions.
Competition Entries: How to enter:
BUCO in partnership with Livingstone will be giving away 3 Livingstone Generators 5.5 KVA petrol generators (petrol excluded) to three lucky prize winners through a lucky draw. Prize winners will be chosen at random, from all qualifying entries within 3 days of the closing date specified in the competition post. In all matters, the decision of the judge(s) shall be final and no correspondence or discussion shall be entered into.The winner will be notified via telephone or by email. Delivery of the prize will be arranged between BUCO and the prize winners and can be collected at any BUCO store nationwide. If a winner does not respond to BUCO within 14 days of being notified, then the winner’s prize will be forfeited and BUCO shall be entitled to select another winner in accordance with the process described above. If a winner rejects their prize or the entry is invalid or in breach of these Terms and Conditions, the winner’s prize will be forfeited and BUCO shall be entitled to select another winner.Prizes are awarded at the discretion of BUCO and no prizes will be awarded as a result of improper actions by or on behalf of any entrant.All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc.) as the case may be, unless specifically stated, are the sole responsibility of the prize winner.Winners will be granted the opportunity to agree to be photographed when their prize is collected. These photos will be used for BUCO marketing purposes only.The prize is not transferable and may not be deferred, changed for any other item or service.Winners must accept the prize in the condition it is presented to them. The winners agree that their participation in the competition, and their acceptance of the prize, is at the winner’s own risk. By participating in the competition, winners agree to indemnify BUCO and its affiliates against any and all losses, harm, damages, claims and actions of any kind, howsoever arising, in connection with this competition.Entrants will be granted the opportunity agree that by entering their information and feedback/observations into the competition/ after the competition, BUCO may use their information for any purpose, including but not limited to future competition, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
RETURNS / EXCHANGE POLICY
DEFECTS RETURNS, REFUNDS & GUARANTEES:
1.1. TBCo is committed to fair trading practices as well as the principles envisaged in the Consumer Protection Act, Act 68 of 2008 (‘CPA’) in all dealings with our consumers.
1.2. TBCo acknowledges that consumers have certain specified rights in terms of the CPA as well as in terms of the common law in their dealings with TBCo, including the rights of consumers to return goods to TBCo in certain specific instances.
1.3. This policy sets out the circumstances in which you can return goods to TBCo – explaining: -
(i)the reasons for which you can return goods;
(ii)the period within which you need to return the goods, and
(iii)what your and our duties and rights are when you wish to return goods.
7 Day Returns Policy:
2.1. Although the law does not give you an automatic right to return goods for any reason, TBCo will accommodate you within 7 (seven) days from delivery if you want to return the goods, provided that you meet the requirements of this policy, but specifically excluding the goods listed in clause 2.2.3 below.
2. Rules applying to the 7 (seven) day Returns Policy:
2.1. You can only return the goods within the 7 (seven) day returns period if you did not use the goods at all
2.2. the goods must also be in its original unopened packaging.
2.3.You will not be able to return the following goods during the 7 (seven) day returns period:
(i) special order goods (these are goods that we changed, amended or procured for you specifically to meet your specific needs – in other words customized goods and other goods that TBCo does not usually stock);
(ii)goods that we no longer stock.
3.1. All our goods carry a manufacturer’s warranty of at least 12 (twelve) months from date of sale or date of delivery (the later date of the two dates) against defects.
3.2. If the goods show a defect during the first 12 (twelve) months after you purchased the goods or the goods were delivered to you (the later date of the two dates), we will gladly repair or replace the goods, or if you prefer a refund, we will refund you the price you paid for the goods.
3.3.If the manufacturer’s warranty on the particular goods that you bought extends beyond the 12 (twelve) month period, we will repair or replace the goods at our election (if the defect occurs after the first 12 (twelve) months but still within the manufacturer’s warranty period ).
3.4. If at any point you request us to repair goods outside of the manufacturer warranty period, we will always provide you with a quote first and obtain your authorization before we start any repairs.
3.5. If the defect in the goods was caused due to your abuse as consumer, fair wear and tear or your negligence, the warranty will no longer apply and you will not be able to return the goods to us. Accordingly, you need to make sure that you use the goods appropriately.
3.6. You will also not be able to return the goods to us if you did not follow the instructions of use or guidelines in any other printed material that we provided to you in connection with the goods or if you used the goods for a purpose other than what it was intended to be used for.
Returns process for defective goods:
4.1. If you suspect that there is a defect present in the goods, you must return the goods to us as soon as reasonably possible after you detect the defect.
4.2. You must immediately stop any further use of the goods in order to limit the damages.
4.3. TBCo will then investigate the matter and run the necessary tests on the goods to determine the reason for the defect.
4.4. TBCo will communicate their findings to you within 14 (fourteen) days after they received the goods from you for testing.
Specific purpose of goods:
You will be entitled to return the goods you bought from us within 10 (ten) days if:
5.1. you bought the goods for a specific purpose;
5.2. you communicated the purpose to the salesperson;
5.3. the salesperson confirmed that you would be able to use the goods for the purpose you indicated; and
5.4. it turns out that the goods are not fit for that particular purpose.
Goods that do not conform with the sample and description:
If you ordered goods from a sample and/or description and you did not inspect the goods before you ordered them, you may return the goods within 10 (ten) days after delivery if the they do not materially conform to the sample.
If we delivered goods to you that you did not order, we will collect them from you as soon as reasonably possible after you have informed us of the incorrect delivery or we informed you of our mistake.
Charges for use:
8.1. In terms of the current consumer laws we are allowed to charge you for the use of the goods in certain circumstances and also such amounts to get the goods fit again for resale.
8.2. If you wish to return goods to us for any reason set out in this returns policy, or by law, we will inform you what these charges would be after we have had the opportunity to inspect the condition of the goods at the time of return.
Proof of purchase:
If you wish to return goods to us for any reason, we may require that you provide us with the proof of purchase or your copy of the delivery note in order for us to determine and confirm:
(i) that you bought the goods from us;
(ii)I when the goods were bought by you.
10.1. No cash refunds will be made in-store.
10.2. You will be refunded subject to the law and in the same way that you initially paid for the goods, either by credit card or EFT.
10.3. It is your duty to provide the correct banking details to us in writing and we will not be liable to you if we made payment to an incorrect bank account provided by you.
1.Should you not be satisfied with your product purchased by from us 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 a valued customer, we shall at all times endeavour to provide you with the best customer service and ensure that all your rights in terms of the Consumer Protection Act are protected. As a gesture our commitment to you we have established a 'change of mind/ peace of mind' return policy, which is provided to you over and above the rights you have in terms of the Consumer Protection Act. In terms of this returns policy, we may consider replacing goods purchased with us within 14 days from the date of purchase if such goods are returned in their original condition and packaging.
2.Handling fee: In line with the CPA a handling fee of up to 15% of the value of the product may be charged when the product/packaging is not returned in its original purchase condition.
3.Return of Purchases Refunds are deposited directly into your credit card or bank account. This process may take up to 10 to 30 days. Refunds processing timeframe will only be commenced from time of goods received.
CUSTOMER RETURNS POLICY
SUPPLIER RETURNS POLICY
1.1. TBCO is committed to fair trading practices as well as the principles envisaged in the Consumer Protection Act, Act 68 of 2008 (‘CPA’) in all dealings with our Consumers.
1.2. TBCO acknowledges that Consumers have certain specified rights in terms of the CPA as well as in terms of the common law in their dealings with TBCO, including the rights of Consumers to return goods to TBCO in certain specific instances.
1.3. The Customer Returns Policy sets out the circumstances in which Consumers can return goods to TBCO – and which details: -
(3.i) the reasons for which goods can be returned;
(3.ii) the period within which goods need to be returned, and
(3.iii) the rights and duties of both the Consumer and TBCO when goods are returned.
1.4. This policy sets out the circumstances in which TBCO will return goods to the Supplier and details the right of recourse against the Supplier where a Consumer initiates legal action against TBCO in respect of the goods sold to the Consumer.
Return of goods to the Supplier:
2.1. Although the law does not give Consumers an automatic right to return goods for any reason, TBCO will abide by the provisions of the CPA, as amended, as set out in the TBCO Customer Returns Policy, which specifically excludes the following goods:
(1.i) special order goods (these are goods that we changed, amended or procured for the Consumer specifically to meet their specific needs – in other words customized goods and other goods that TBCO or the Supplier do not usually stock);
(1.ii) those goods that TBCO and the Supplier have ceased to supply or stock.
2.2. Defective goods:
(i) All goods purchased from the Supplier must carry a manufacturer’s warranty of at least 12 (twelve) months from date of sale or date of delivery (the later date of the two dates) against defects.
(ii) If the goods show a defect during the first 12 (twelve) months after purchase by Consumer, or the goods were delivered to the Consumer (the later date of the two dates), TBCO will be obliged to repair or replace or refund the value of the goods. Where the goods are replaced or refunded, the defective goods will be returned to the Supplier for a full refund thereof at the current list price.
(iii) If the manufacturer’s warranty on the particular goods sold to the Consumer extends beyond the 12 (twelve) month period, TBCO, in its sole discretion, will repair or replace the goods (provided the defect occurs after the first 12 (twelve) months but still within the manufacturer’s warranty period), and such repair or replacements costs will be recovered from the Supplier.
(iv) Where the defect in the goods was caused due to the abuse thereof by the Consumer, fair wear and tear or Consumer negligence, the warranty will no longer apply and TBCO will not accept the return of the goods in question.
(v) Clearly, where the Consumer fails or neglects to follow the instructions of use or guidelines in printed material provided to the Consumer in connection with the goods or if you used the goods for a purpose other than what it was intended to be used for, in such instances TBCO will not accept the return of such goods.
(vi) Where the Supplier is unable to provide after-sales-service in accordance with the reasonable expectations of TBCO or its Customers, the goods in question will be returned to the Supplier for a full refund thereof at the current list price.
(vii) n circumstances where the Supplier is placed under provisional or final liquidation or winding up, the goods will be returned to the Supplier for a refund as set out in (vi) above.
2.3. Specific purpose of goods:
Where these goods are supplied by the Supplier, the Consumer will be entitled to return such goods bought from TBCO within 10 (ten) days if:
(i) the goods were purchased for a specific purpose;
(ii) the purpose was communicated the purpose to the salesperson;
(iii) the salesperson confirmed that the Consumer would be able to use the goods for the purpose indicated by the Supplier; and
(iv) it turns out that the goods are not fit for that particular purpose.
TBCO will be entitled to return the goods in question to the Supplier for a full credit at the current list price.
2.4. Goods that do not conform with the sample and description provided by the Supplier:
If the Consumer orders goods from a sample and/or description received from the Supplier and the Consumer did not inspect the goods before they were ordered, the Consumer may return the goods within 10 (ten) days after delivery if the they do not materially conform to the sample and/or description, as provided. In these circumstances TBCO would be entitled to return such goods to the Supplier for a full credit.
2.5. Damaged goods: TBCO will, within 7 (seven) days of date of delivery of goods, or during delivery thereof, report to the SUPPLIER any unsaleable or damaged goods, or goods which have defects of whatever nature, and TBCO may refuse to accept delivery of such goods.
2.6. Goods in respect of which the Supplier is unable to provide the guarantee or warranty required in law, or as set out in the order from TBCO.
2.7. Goods which are to be replaced in terms of the range and mix replacement implemented by the Supplier or which form part of a range that is discontinued by the Supplier.
2.8. Should stockholding of goods exceed the agreed settlement dates according to the Trading terms concluded with the Supplier i.e. overstocks and/or slow-moving goods (goods not sold after 12 (twelve) months), TBCO shall be entitled to:
2.8.1. Return the overstocked goods to the Supplier for a full credit at the current list price; or
2.8.2. Receive a percentage or Rand value from the Supplier to reduce the current selling price, however the percentage or Rand value shall not form part of any rebates or set-off as set out in the Trading Terms; or
2.8.3. Take an additional 30 (thirty) days to pay for such goods which 30 (thirty) day period will be in addition to any agreed settlement terms specified in the Trading Terms. To manage stock effectively in term of this clause, the SUPPLIER will ensure that stock is rotated at regular intervals i.e. every 3 (three) months, or as agreed between the parties.
2.9. All Suppliers to TBCO will accept the return of goods for a full credit as set out herein, according to the terms of TBCO’s Customer Returns Policy, in terms of which inter alia, Customers will be afforded a minimum period of 21 (twenty-one) days from date of purchase by the Customer within which to return the goods purchased.
2.10. TBCO will grant the Supplier 21 (twenty-one) working days in which to conclude all account queries and/or credits. This includes the upliftment and replacement of damaged goods and/or the passing of credit notes.
2.11. Queries/credits are not to be rolled over to the following month. All queries not resolved within 21 (twenty-one) working days, will result in the amounts in question being deducted from the Suppliers account at the end of the month in which the credit/query is requested or raised, as the case may be. Procedures conflicting with this clause will result in all returns being deducted immediately from the Suppliers account at the current list price of such goods.
2.12. Goods returned for repair must be returned fully repaired with an extended warranty to TBCO or its Customer within 21 (twenty-one) working days of receipt thereof by the Supplier, or alternatively the goods will be replaced, in full, at no additional cost.
2.13. Repair charges for goods falling outside the guarantee or warranty period of the Supplier, must be quoted in writing to TBCO and the Customer. Failure to comply herewith by the Supplier will result in the full cost of such repairs being borne by the Supplier.
2.14. Over supplies will be returned for full credit. Partial or back orders where applicable or as requested, is to be arranged with the individual TBCO participating store.
2.15. Proof of purchase:
If the Consumer return goods to TBCO for any reason set out herein, TBCO will require that the Consumer furnishes proof of purchase or a copy of the delivery note in order for TBCO to determine and confirm:
2.15.1. that the Consumer bought the goods from TBCO;
2.15.2. when the goods were bought by the Consumer.