1 Introduction
1.1 These Terms apply when you, as a customer, buy any product or service from Punda Maria Bricks & Pavers either in store or online and constitute a valid and binding agreement between you and Punda Maria Bricks & Pavers.
1.2 By using our Premises or Website, or by purchasing any of our Products or Services, you agree to comply with these Terms without modification. The effect of this clause is that by using the Website, or purchasing goods or services from us it will be presumed that you have read and understood these Terms and that you agree to comply with them.
1.3 If you have any questions regarding these Terms, please contact us at info@pundamariabricks.co.za.
2 Definitions
2.1 CPA means the Consumer Protection Act, 2008;
2.2 ECT Act means the Electronic Communications and Transactions Act 2002;
2.3 Lay-by has the meaning set out in clause 10;
2.4 Punda Maria Bricks & Pavers means Punda Maria Bricks and Pavers Proprietary Limited trading as Punda Maria Bricks & Pavers;
2.5 Premises means any premises used by Punda Maria Bricks & Pavers to conduct its business;
2.6 Privacy Policy means the Punda Maria Bricks & Pavers Privacy Policy as amended from time to time. The latest version can be viewed at www.pundamariabricks.co.za
2.7 Product means any product being sold by Punda Maria Bricks & Pavers to customers in any of its Stores or on our Website;
2.8 Service means any service that you can purchase from us in store. Some of the services will be rendered by Punda Maria Bricks & Pavers directly, while other services may be rendered by third parties.
2.9 Special Orders means any Service or Product which is procured, created, personalised or altered specifically to satisfy your requirements;
2.10 Store means any Punda Maria Bricks & Pavers store within South Africa;
2.11 Terms means these general terms and conditions which may be amended by Punda Maria Bricks & Pavers from time to time. The latest Terms will be published on http://www.pundamariabricks.co.za/;
2.12 Us and we means Punda Maria Bricks & Pavers;
2.13 You means the customers of Punda Maria Bricks & Pavers; and
2.14 Website means https://www.pundamariabricks.co.za/.
IMPORTANT NOTICE
Where the CPA applies to you as a consumer, certain terms which limit your rights, make you liable, or require you to confirm facts are indicated in bold text to specifically draw your attention to these clauses. These clauses are important and should be read carefully and you should make sure that you fully understand what they mean.
3 Personal information
3.1 During the interaction between you and Punda Maria Bricks & Pavers, Punda Maria Bricks & Pavers may collect and process your personal information (as defined in the Protection of Personal Information Act, 2013). In certain circumstances, your submission of your personal information may be necessary for you to purchase goods, use our services, or access our Website.
3.2 Further information with regards what we do and how we protect your personal information can be found in our Privacy Policy.
4 Products and Services
4.1 We have made every effort to ensure that the information on our Products displayed in Store, in our promotional material, on our Website, or any other form of communication to you, is accurate.
4.2 While we use our best endeavours to ensure that the image representing the Product, the features, descriptions and specifications pertaining to the Product are correct, the actual Product may be subject to variations in appearance as the packaging may differ over time, or colour representation in marketing material may depend on the medium on which the image is displayed.
4.3 In the event that we identify an inadvertent and obvious error in the Product description, price, or image, we will not be obliged to provide the affected Product to you. We will correct and notify you of any errors as soon as reasonably practical.
4.4 You are responsible to ensure that the Product received by you is the correct Product as selected or ordered. If you have received the incorrect product, you must notify us within 10 business days of you receiving the product to allow us to correct the error. You are entitled to cancel the transaction and receive a refund within the 10 business day period.
4.5 If you are not satisfied with the Product that you purchased, you may return it to us, subject to the returns and refund provisions in these Terms.
4.6 Where a Service is rendered by a third party, we may nevertheless invoice you for their services to ensure a single contact point and to ensure a smooth customer journey. However please note that when Services are performed by a third party (even if we invoice you directly), we will not be liable for the obligations of a third party – you will only have a claim against the service provider directly.
4.7 If you are not satisfied with the services performed by us, please contact us and we will do our best to remedy any issues.
4.8 We reserve the right to discontinue or change the specifications of our Products and Services from time to time without notice.
5 Pricing and availability
5.1 Product stock is subject to availability.
5.2 Prices displayed in Store, on the Website, in all communications, and on marketing material are correct at the time of such display and when viewed by you.
5.3 We may limit the quantity of any Product that you are allowed to purchase, either in store or on our Website during promotional offers. Any such limitations will be clearly specified.
5.4 All prices shown on our Website are quoted in South African Rands and are valid and effective only in the Republic of South Africa.
5.5 All prices displayed are inclusive of VAT.
5.6 We reserve the right to change displayed pricing, however you will be charged the displayed price unless there is an obvious and inadvertent error in the price and we inform you of the error before you place your order.
5.7 A list of all printing errors in relation to pricing displayed or advertised or Product availability will be placed at the entrance of each Store.
5.8 We do not reserve Products for customers unless we have received payment of a 50% deposit, you have entered into a lay-by arrangement with us, or when the Products are required for an installation, delivery or Service to be performed.
6 Payment
6.1 Products or Services purchased by you must be paid in full before we will deliver the Products or Services.
6.2 You may pay for Products or Services in Store by cash or credit/debit card.
6.3 Online purchases must be paid by credit card or electronic funds transfer (EFT). Orders paid for by EFT will only be processed once the payment reflects in our bank account which can take up to seven business days.
7 Special orders
7.1 Special orders will require a minimum deposit of 50% to be processed.
7.2 We reserve the right to apply a cancellation fee of up to 100% of the deposit if you cancel a Special Order when work has already commenced on the order.
8 Website purchases
8.1 To order a Product online, you will be required to register a profile. Registering on our Website does not oblige you to order any Product.
8.2 To register you will be required to provide certain information including personal details, payment card details and your delivery address. When registering you will be required to choose a UserID and a password, please keep your password private. We will not be responsible for any harm or loss suffered as a result of someone other than you using your password as it is your responsibility to keep your password safe.
8.3 If another person has used your account to purchase any Product without your consent, you must notify us within 24 hours.
8.4 You will be required to enter your user ID and password each time you visit our online shopping site.
To amend any registration particulars please click on “Account” and edit your details.
8.5 By submitting an order online, you:
(1) confirm that you are over the age of 18 and have legal capacity to enter into a transaction with us;
(2) confirm that, in order to fulfil your order, we will share your Personal Information with third parties such as your bank and our contracted courier service, only to the extent necessary; and
(3) agree to us investigating any order and confirming any information provided by you in order to prevent fraud.
8.6 Your contract of sale with us is only complete once we have accepted and dispatched your order. You will receive a notification from us once your order has been processed and accepted.
8.7 All products displayed on our Website are subject to availability and will be delivered only within the Republic of South Africa.
8.8 Use of the Website is subject to our Website Use Policy.
9 Collection & delivery
9.1 Orders will be delivered after full payment has been processed and received by us.
9.2 We will only deliver Products into the Republic of South Africa. A delivery charge will be applicable and will depend on the distance from the store.
9.3 We make use of a third-party courier to deliver any Products and, as such, the delivery process is not entirely within our control. While we use our best endeavours to ensure that a Product is delivered within the lead time suggested on the Website, such a lead time is an estimate only.
9.4 It is your responsibility to ensure that the personal information provided by you, including the delivery address, is correct. We are not responsible for deliveries to an incorrect address.
9.5 We will deliver any ordered Product to the designated delivery address provided the truck can reach
your location safely (condition of the road, ability to manoeuvre, …). At the off-loading point, full risk passes to you and we are not responsible for storage, assembling, or installation of the Product.
9.6 You need to inform us about any Product missing or damaged within 24 hours.
9.7 We reserve the right to refuse loading any Product on your vehicle at collection if we consider there to be a safety risk.
9.8 You need to collect your order within 30 calendar days from the date of the notification to you that your order is ready for collection. After that period, we reserve the right to charge monthly storage fees up to 10% of the value of the Products ordered. If you have not collected your order within three months after receiving the first notification, we reserve the right to cancel your order and refund you with the purchase price less the applicable storage fees. If your order is customised or a special order, we reserve the right to retain the full purchase price.
10 Lay-by
10.1 We offer a facility to you where we reserve Products chosen by you on your behalf which you pay over a period of time. We retain these Products until you have paid the full purchase price.
10.2 You agree:
(1) to complete and sign a separate form setting out the Products you have selected to purchase on lay-by, the purchase price, and the intervals of payment;
(2) to pay a deposit of 20% immediately and make payments at the agreed intervals and of at least the minimum amount specified in the Lay-by form in Store or via EFT before or on the due date;
(3) you are not entitled to receive the Products until the full purchase price has been paid;
(4) that you are not the owner of the Products until the full purchase price has been paid, until which time the Products will remain at our risk;
(5) that these terms and conditions, as well as the Lay-by form signed by you, constitute the entire agreement between us for purposes of the Lay-by;
(6) that if the VAT rate in relation to the Products reserved for you in terms of Lay-by facility
changes at any time before the full purchase price is paid by you, we will be entitled to recover the VAT increase from you prior to delivery or collection of the Products;
10.3 You may choose to pay at more regular intervals and higher amounts than set out in the Lay-by form.
10.4 The total period of the Lay-by is 6 (six) months and this period may not be extended.
10.5 If you terminate the Lay-by agreement before paying the full purchase price, or if you fail to pay the minimum amount for the Products before the monthly due date as set out in the Lay-by form, we:
(1) may charge a termination penalty of 1% of the full purchase price of the Products;
(2) you may request written details on how the penalty was calculated; and
(3) will refund any amounts paid by you under the Lay-by facility after we have deducted the termination penalty;
10.6 We will provide you with a statement of account via email and/or SMS. It is your responsibility to check the correctness of this statement and inform us within seven days of receipt if you believe that the statement is incorrect.
10.7 It is your responsibility to inform us if your contact details change.
11 Returns and refunds
11.1 The following Products cannot be returned:
(1) items that have been customised according to your specifications;
(2) items that are clearly personalised;
(3) items damaged by lightning or any other act of nature;
(4) items purposefully damaged or not used in terms of the Product’s user manual; and
(5) items that are likely to deteriorate or expire rapidly.
(6) Plants, trees, flowers.
11.2 Products that are not defective (ie “change of mind”) may be returned to us at your cost within three months from the date of purchase for a refund or an exchange provided that:
(1) you have the original proof of purchase;
(2) the Product is unused;
(3) the Product is in its original packaging;
(4) the Product is in a saleable condition; and
(5) we reserve the right to charge you a restocking fee in the event that the packaging has been damaged.
11.3 In the unlikely event that the Product you purchase is defective you may return the Product within six months of the date of purchase.
(1) If you return a defective Product that meets these requirements, we will gladly replace, refund or repair the Product at your choice.
(2) We reserve the right to send Products for technical evaluation prior to replacing, refunding or repairing such Products.
11.4 If you purchase the Products online, in terms of section 44 of the ECT Act you are entitled to cancel, without any reason and without any penalty, the purchase of any products within 7 days after receiving the products for a full refund. You will be responsible to pay for the cost of returning the products.
11.5 In the event of a refund, such refund will be processed as per the original method of payment with 10 business days, except for cash amounts over R500 which will be refunded by EFT or by issuing you with a Punda Maria Bricks & Pavers voucher for safety reasons. An EFT refund can take up to seven business days before it reflects in your account. If you paid via an EFT, we may request verification of your bank account details.
11.6 In the event of a Product return, we may request your personal information, as well as the reasons for the return. The collection and processing of your personal information will be done in accordance with our Privacy Policy.
11.7 How to return goods
(1) Return to store
(a) You can return any item in good condition at your nearest Punda Maria Bricks & Pavers store, regardless of the initially chosen delivery option. Stores return only items in perfect condition. If your item is broken or defective, please contact Contact Centre which is responsible for organizing the return of your item.
(b) The Store may elect to refer you to Contact Centre to assist you with your return. (2) Online returns
(a) Please contact the Contact Centre to return an item by courier or mail.
(b) If the Product you are returning is defective or broken, please provide us with pictures of the damage and attach them to the contact form that will be provided to you by the Contact Centre.
(c) If it is a package of small size, a return label to stick on your package will be sent to you. You can then leave your package at the post office, and use the number provided on the label to track the return.
(d) In the case of a Product that is heavy and/or bulky, once the application has been registered by the Contact Centre, you will be contacted within a period of three business days to arrange collection of the package.
An email will be sent to you to confirm receipt of the item returned by our services.
12 Price protection policy
12.1 Customers are entitled to a cash refund of the difference between the price they paid for the product in Punda Maria Bricks & Pavers store – physical store or on the company web site – and the price it is sold at a competitor.
12.2 The Price protection policy is applicable under the following conditions:
(a) The product must be identical, meaning having the same brand name, same designation, same description, same colour, same barcode.
(b) Product under specials, promotions, sales are excluded. Only regular prices will be taken into consideration.
(c) Customer will need to provide Punda Maria Bricks & Pavers with a proof of the better price, being an official quotation or an invoice.
(d) Within a period of ten (10) days from the purchase of the product in a Punda Maria Bricks & Pavers store.
(e) In case the selling price in the competition is lower than our buying price, we will reimburse the difference between our buying price and our selling price.
(f) The competition in consideration needs to be a DIY retailer.
13 Limitation of liability
13.1 We do not accept liability for any damage suffered by you or to your property on our Premises, in our Stores or in your dealings with us, unless we have been grossly negligent. This means that you will have no claim against us, even if we are negligent.
13.2 Where we have been grossly negligent, you will have no claim against any employee, director, or other party related to Punda Maria Bricks & Pavers directly and personally responsible for such gross negligence. Your only possible claim is Punda Maria Bricks & Pavers.
13.3 We are not responsible and will have no liability in relation to any damage suffered by you or to your property caused by Services rendered by a third-party, unless and only if the third party was employed by us to provide the Service on our behalf. You will only have a claim directly against the service provider.
14 Breach
14.1 If you breach any provision of these Terms, we reserve the right to terminate or suspend any relationship that exists between you and Punda Maria Bricks & Pavers, and / or prohibit access to our Premises/ website, and / or take the appropriate legal action to recover any loss.
14.2 Neither party will be liable for breach of any of these Terms due to any matter beyond the control of the respective party. This includes fire, natural disasters, acts of God, strikes, lock-outs, wars, riots, civil commotion, government intervention, or an explosion.
15 Remedies
15.1 If you feel that we are not living up to our promises in these Terms, or that we have infringed your rights in any way, you may address a complaint to us by emailing us at info@pundamariabricks.co.za .
15.2 When lodging your complaint, include as much information as possible to allow us to deal with it effectively and quickly. In particular, please provide us with the following:
(1) your full names, address, and contact details;
(2) identify in what way we are not living up to these terms or the right that has allegedly been infringed by us;
(3) set out the circumstances and facts that gave rise to the alleged infringement;
(4) the steps you believe should be taken by us to remedy the alleged infringement;
(5) a statement that the information you have provided is correct and truthful; and
(6) a statement that you are acting in good faith.
15.3 We will investigate all complaints which comply with these requirements. On receiving the outcome of the investigation, we will take all necessary steps to remedy the situation, if applicable.
16 Amendments of the Terms
16.1 Punda Maria Bricks & Pavers may amend the Terms at any time and the amendments will come into effect immediately.
16.2 The latest version of the Terms is published on the website.It is your responsibility to familiarise yourself with the latest Terms regularly to ensure that you understand and abide by it.
17 Disclosures in terms of the ECT Act
17.1 Access to and use of our Website may be classified as electronic transactions in terms of the ECT Act and therefore you have the rights as set out in Chapter 7 of the ECT Act. We, consequently, have a duty to disclose the following information:
Full name and legal status: Punda Maria Bricks and Pavers PTY Ltd (registration number 2014/168503/07);
Physical address: PUNDA MARIA ROAD, MAKHUVHA/TSHILIVHO LOCATION, THOHOYANDOU, 0950
Postal address:
Telephone number: +27 (0) 15 004 0159;
Email address: info@pundamariabricks.co.za
Directors: Abel Vuledzani Nelamondo / Mpho Toby Nelwamondo / Khumbelo Portia Nelwamondo / Gundo Nelwamondo
18 Governing law and Jurisdiction
18.1 These terms are governed by the law of South Africa.
18.2 Both Punda Maria Bricks & Pavers and you as the customer unconditionally consent and submit to the non-exclusive jurisdiction of the Gauteng Local Division, Johannesburg in regard to all matters arising from these Terms. This does not take away any statutory rights that you may have to approach other dispute resolution bodies in terms of the CPA.
19 Severability
Any illegal or unenforceable provision of these Terms may be severed and the remaining provisions of the Terms continue in force.