TERMS & CONDITIONS

Terms of Use

1. Welcome to the Mercury Build it website at www.mercurybuildit.co.za. Please take a moment to read these online shopping Terms and Conditions including our policies (hereafter referred to simply as “Terms”) to understand how they pertain to your rights and responsibilities in the use of our Website and any products that you may order online.
2. Use of and/or registration on any aspect of the Website will constitute your agreement to comply with these Terms. If you have any questions regarding our Website, the Terms, products or services, please email info@mercury1.co.za or 011 897 3100 to contact us.
3. Mercury Build it may, in its sole discretion, change this agreement or any part thereof at any time without notice.

Definitions

1. These Terms may contain a number of terms and phrases which have a specific meaning in this document. In these Terms, headings are for convenience and shall not be used in any legal interpretation of the Terms.
2. Unless we indicate to the contrary in these Terms, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.
3. The following expressions shall bear the interpretations specifically assigned to them below and related expressions shall bear corresponding meanings – – “access” when used in the context of:
   A. a website, means to visit, use, load, or in any way engage with this website on any platform or medium through which such access is possible;
   B. content, means to copy, download, view, modify, adapt, load in a web browser, mobile phone, software application or device or to otherwise engage with and/or manipulate such content;
   – “Content” means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your access to the Website;
   – “Deposit Account” means the deposit account which a Customer may have been granted by Mercury Build it which is subject to various Terms and Conditions, which you agreed to when opening up the Deposit Account;
   – “Intellectual Property” means, collectively, the patents, copyrights (and moral rights), trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, know-how, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use the same) which we own, license, use and/or hold (whether or not currently) on or in connection with the Website;
   – “Product” means the products which can be purchased on the Website with regards to these Terms;
   – “Terms” means these Terms and Conditions with regards to online shopping, as amended from time to time at our discretion, and as read together with the website Terms and Conditions, and the Privacy Policy;
   – “Trademarks” means those trademarks we own (or which we are designated as the beneficial owners of) and any other trademarks, designs, logos, style names, tag lines and slogans which we own or have the right to use, or any derivative service offerings of, and applications for, any of same;
   – “You”, “Your”, “Users” and “Customers” means the Website’s users who are purchasing Products on, or otherwise accessing the Website;
   – “Website” means the Mercury Build it website at www.mercurybuildit.co.za.
4. Any reference in these Terms to a party shall, if such party is liquidated or sequestrated (the meaning of which includes any analogous proceedings in any other jurisdiction), be applicable also to, and binding upon that party’s liquidator or trustee, as the case may be.
5. When any number of days is prescribed such number shall exclude the first day and include the last day unless the last day falls on a Saturday, Sunday or officially and nationally recognised public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or officially and nationally recognised public holiday in the Republic of South Africa;
6. All annexures, addenda and amendments to these Terms form an integral part of these Terms and, therefore, our contract with you.

Online Registration

1. Registration as a purchaser on the Website is free and does not oblige you to purchase anything. You must register with Mercury Build it before placing your first order online, in-store or email.
2. Registration and/or use of our Website constitutes your acceptance of, and agreement to be bound by the Terms of our Website.
3. To register you will be required to provide certain personal information which is protected, as stipulated in our privacy policy.
4. When registering with Mercury Build it as a purchaser, you will be required to provide an email address and a password which will be used as your username for the Website. Please keep your password private as Mercury Build it accepts no liability for any damages suffered, or losses incurred as a result of the use or misuse of your account. Your password must consist of a minimum 8 (eight) characters which must include a minimum 1 (one) capital letter, 1 (one) number and 1 (one) special character.
5. You will be required to enter your email address and password each time you visit our Website.
6. In registering as a purchaser you are required to provide Mercury Build it with complete and accurate information about yourself. By doing so you guarantee that the information provided is correct. Upon acceptance of your registration, you will receive an email confirming your registration as a purchaser on the Website. Mercury Build it will not be liable for the consequences of any incorrect information provided by you.

Product Images, Representation and Product Description

1. Mercury Build it has made every effort to display the Products on the Website as accurately as possible, including: – the images that represent a visual depiction of the Product; – features and descriptions that pertain to the Product; and – 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.
2. It remains your responsibility to ensure that the Product(s) ordered and delivered is/are correct, and the product description and/or model number will always overrule any related images when resolving a dispute about a Product.
3. As the actual colours you see will depend on your computer’s monitor, Mercury Build it cannot guarantee that any individual monitor’s display of any colour will be accurate.
4. Images of Products may include ancillary items which are sold separately and you will be required to place an additional order for such ancillary items.
5. If you are not satisfied with the Products delivered then you may return such Products, subject to Mercury Build it’s return and refund policy, as amended from time to time at the sole discretion of Mercury Build it.

Obvious Errors

1. Mercury Build it will not accept any orders where Mercury Build it identifies an inadvertent and obvious error in the prices of Products or the description of any of the Products on the Website.

Product Pricing And Availability

1. The Products displayed on the Website are subject to availability and will be delivered within the Republic of South Africa only, within the areas as determined and delineated by Mercury Build it.
2. It is your responsibility to ensure that the delivery address, including suburb and postal code, is correct. Mercury Build it will not be liable for any Products or additional costs which may be incurred as a result of Products delivered to an address which is incorrectly communicated by you.
3. All prices displayed on the Website are valid and effective only in the Republic of South Africa for the day that they are viewed. Mercury Build it reserves the right, without prior notice, to discontinue or change pricing or specifications of products offered on this Website at the Company’s own discretion, without incurring any liability whatsoever.
4. Mercury Build it cannot guarantee availability of stock but will endeavour to source stock where possible to fulfil your order. Where items cannot be delivered, Mercury Build it will endeavour to contact you, utilising the information provided at registration, and either offer the option to cancel the order or reduce the quantities, where applicable. If Mercury Build it is 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.
5. You will be charged the prices that are reflected on the Website, subject to availability. The prices include Value-Added Tax. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.

Methods of payment

Prior to delivery or confirmation from Mercury Build it that the Products are ready for collection by you, Mercury Build it shall be entitled to either:
– Debit the credit card supplied by you on acceptance of your order should you be paying with a credit card; or
– Debit the deposit account on acceptance of your order should you be paying with a deposit account; or
– Process the order once Mercury Build it has received a successful confirmation of payment, should you be paying by EFT.

Orders

1. By submitting an order to buy Products, you:
   – Represent and guarantee that you are over the age of 18 (eighteen) years;
   – Represent and guarantee that you are authorised to place the order, make payment for the order and that there are sufficient funds available in your credit card if you are paying via any of these payment mechanisms.
2. In order to protect our interests as well as yours, we may, but are not obliged to, scrutinise transactions to prevent fraud. Any transactions may be refused by Mercury Build it if Mercury Build it is not satisfied that it is legitimate.
3. Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Mercury Build it bank account, the details of which will be provided on request. Card transactions will be acquired for Mercury Build it via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy. Customer details will be stored by MERCURY BUILD ITseparately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
4. In placing an order you will be required to select whether the Products ordered will be collected from the Store or whether you would like Mercury Build it to deliver the Products to your specified delivery address.
5. In the event that you wish to change your order from a collection to a delivery, Mercury Build it will charge you an additional delivery fee.
6. All your orders placed through the Website can viewed in the “My Profile” menu, under “Order History” tab.
7. On receipt of your order, Mercury Build it will send you an email describing the Products that you have ordered on the Website and an sms confirming the order number. This email shall confirm that Mercury Build it has received your order, but does not represent any acceptance of your offer to purchase the Products contained in that order.
8. Mercury Build it is not legally obliged to provide the Products to you during the offer process.
9. The contract of sale between you and Mercury Build it will only be completed when Mercury Build it dispatches the Products to you. Any Products on the same order which have not been dispatched to you do not form part of that contract.
10. 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.

Delivery

1. The offering on this website is for South Africa only.
2. Mercury Build it shall only deliver to certain areas. If Mercury Build it does not deliver to your area, you may collect the Products from the Store directly.
3. A delivery fee will be charged for each delivery order placed by you. Mercury Build it delivers from Monday to Sunday, Should it be unavoidable for us to exceed these delivery days, you will be notified either telephonically or electronically.
4. In the event that you request your order to be delivered to multiple addresses, you will be charged additional delivery fees.
5. Mercury Build it and/or the Delivery Service Provider may be required to make multiple deliveries to your delivery address. In the event that Mercury Build it and/or the delivery Service Provider elects to make multiple deliveries of your order, then you will not be charged any additional delivery fees. You will be advised by Mercury Build it of multiple dispatches to your delivery address.
6. You must ensure that the correct delivery address is provided to Mercury Build it, and Mercury Build it shall not be liable for any deliveries made to any address that is incorrectly provided by you.
7. You hereby authorise Mercury Build it to provide your personal information, including your name, delivery address and telephone number to our third party service provider (“Delivery Service Provider”) for the purpose of effecting the delivery.
8. Mercury Build it and/or the Delivery Service Providers deliver to registered customers within certain specified delivery areas. Deliveries to outlying areas shall attract an additional surcharge that will be calculated on checkout. An outlying area refers to a suburb or town that falls out of any regional town/city or main centre. Outlying areas include farms, mines and townships.
9. Mercury Build it and/or the Delivery Service Provider may contact you regarding your order from time to time.
10. On each delivery of the order to the specified delivery address, you will receive a delivery note from either Mercury Build it or the Delivery Service Provider, showing the items delivered.
11. For verification purposes, the person accepting delivery at the delivery address will be required to produce a form of identification. Any person other than yourself who receives the Products at the delivery address is presumed to be authorised to accept delivery on your behalf.
12. Should no-one be in attendance at the delivery address specified by you at the time of delivery, the driver will return the Products. Mercury Build it or the Delivery Service Provider will attempt to contact you to make new arrangements for delivery. Mercury Build it reserves the right to charge an additional delivery fee should it be required under these circumstances. Mercury Build It’s sole liability for failing to deliver the Products timeously is limited to delivery being affected at a later agreed time and at no additional charge.
13. Mercury Build it or the Delivery Service Provider shall not be liable for any losses or damages suffered by any person, including you, as a result of any act or omission by Mercury Build it or the Delivery Service Provider in delivering the Products to the delivery address.
14. Mercury Build it will deliver to the pavement of your allocated delivery address. It is your responsibility to accept delivery and make arrangements for storage of the Products. Mercury Build it shall not assemble or disassemble any Products for you, nor shall Mercury Build it connect any appliances, fixtures or fittings for you.
15. You warrant that the delivery address is suitable for entry by Mercury Build it and/or its Delivery Service Provider’s vehicles and should a claim arise from damage to items such as driveways, overhead cables, foliage or walls, then Mercury Build it is indemnified from liability for any such damages.
16. Mercury Build it takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

Collection

1. To collect in-store, place your order online as normal and select the “collect” option instead of entering your delivery details.
2. Products may only be picked up from Mercury Build it upon presentation of a valid order number, which can be printed either once your payment is complete, or in your Online Order history.
3. All orders must be collected within 7 (seven) days from the store, failing which, Mercury Build it cannot guarantee the availability of stipulated Products

Order Tracking

1. Mercury Build it will maintain email/SMS correspondence, advising you of the progress of your order. You can call us on (011) 897 3100 to enquire about your order.

Risk and Ownership

• Risk inherent in the Products shall be passed to you by acceptance of the Products by you or your authorised representative on delivery or collection. We will retain ownership of the Product(s) until payment has been received in full. In respect of Deliveries, ownership will pass on offloading of the Product(s) to the pavement outside the address provided by you upon ordering the Product(s).

Collection Of Cookies

1. A cookie is a piece of information that is deposited on your computer’s hard drive by your web browser when you use our computer server.
2. The cookies enable us to recognise you and give us information about your previous visits. Most browsers accept cookies automatically, but usually you can alter your settings to prevent automatic acceptance. If you choose not to accept cookies, this may disable some of the features of our Website.
3. The information that we collect and may share with our advertisers is anonymous and not personally identifiable. It does not contain your name, address, telephone number or email address. Read the Mercury Build it Privacy Policy.

Cancellations Policy

If for any reason you would like to cancel an existing order, you may do so by contacting Mercury Build it telephonically, on 011 897 3100.

Country of Domicile

This website is governed by the laws of South Africa and Mercury Build it chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 11 BEECHWOOD, DALPARK EXT 19, BRAKPAN .

We reserve the right not to refund the delivery fee in respect of any late cancellations. If you cancel your payment for any reason, or if your payment method should cease to be valid for whatever reason, you will nevertheless be bound to pay to the full purchase price, including all costs incurred by us relating to the recovery thereof.

Company information

• This website is run by Mercury Build it (sole trader / private company / close corporation) based in South Africa trading as
  Mercury Build it and with registration number 2000/026319/07 and DIRECTOR (Director(s)/Member(s)/Owner(s)). MERCURY BUILD IT contact details Company Physical Address: 11 BEECHWOOD, DALPARK EXT 19, BRAKPAN Email: finance@mercury1.co.za Telephone: 011 897 3100

MERCURY BUILD IT contact details

Company Physical Address: 11 BEECHWOOD, DALPARK EXT 19, BRAKPAN
Email: finance@mercury1.co.za
Telephone: 011 897 3100