Terms & Conditions

BUILD ANTIQUE TERMS AND CONDITIONS

INTRODUCTION

These terms and conditions govern your use of the website and online shopping. All references to “The company”, “we”, “us” and “our” in these terms and conditions are deemed to refer to Ansave Investments (Pty) Ltd, Building Materials Division Trading As Build Antique a private company incorporated in the Republic of South Africa. All references to “you” and “your” are deemed to refer to any user or visitor of www.buildantique.co.za

DEFINITIONS

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access our Service or parts of our Service.
• Company (referred to as either “The Company”, “We”, “Us” or “Our” in this Agreement) refers to
  Ansave Investments (Pty) Ltd, Building Materials Division Trading As Build Antique.
• Cookies are small files that are placed on Your computer, mobile device, or any other device by a
  website, containing the details of your browsing history on that website among its many uses.
• Country refers to: South Africa
• Device means any device that can access the Service such as a computer, a cell phone, or a digital
  tablet.
• Personal Data is any information that relates to an identified or identifiable individual.
• Service refers to the Website.
• Service Provider means any natural or legal person who processes the data on behalf of The
  Company. It refers to third-party companies or individuals employed by The Company to facilitate
  the Service, to provide the Service on behalf of The Company, to perform services related to the
  Service or to assist The Company in analysing how the Service is used.
• Third-party Social Media Service refers to any website or any social network website through
  which a user can log in or create an account to use the Service.
• Usage Data refers to data collected automatically, either generated using the Service or from the
  Service infrastructure itself (for example, the duration of a page visit).
• Website refers to Ansave Investments (Pty) Ltd, Building Materials Division Trading As Build
  Antique www.buildantique.co.za
• You means the individual accessing or using the Service, or The Company, or other legal entity on  behalf of which such individual is accessing or using the Service, as applicable.
 
PERMISSION TO USE THE WEBSITE AND DISCLAIMER

The Company permits the use of this Website subject to these 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.

Disclaimer

• Any person who accesses this Website or relies on this Website or the information contained in this Website does so at his or her own risk.
• While The Company takes reasonable measures to ensure that the contents of this Website are accurate and complete, The Company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability, or functionality of this Website or as to the accuracy, completeness, or reliability of any information on this Website.
• All information provided on this website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
• The Company does not accept any responsibility for any errors or omissions on this Website.
• The Company also makes no warranty or representation, whether express or implied, that the  information or files available on this Website are free of viruses, spyware, malware, trojans,  destructive materials or any other data or code which can corrupt, destroy, compromise, or jeopardise the operation, stability, security functionality or content of your computer system, computer network, any mobile device, hardware or software in any way.
 
WEBSITE UPDATES INCLUDING TERMS AND CONDITIONS

• The Company reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.
• You are allowed to discontinue using the Website at any time without contacting us. This will not affect the outcome of your access to the Website.
 
DEALING WITH THIRD PARTIES

• This Website may contain links or references to other websites (“Third-Party Websites”) outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third- Party Websites and the Company is not responsible for the practices and/or privacy policies of those Third-Party Websites or the cookies that those sites may use.
• Although this website may refer to or provide links to Third-Party Websites, your use of such Third- Party Websites is entirely at your own risk, and we are not responsible for any loss, expense, claim or damage, whether direct, indirect, or consequential, arising from your use of such Third-Party Websites or your reliance on any information contained therein.
• We have no control over Third-Party Websites, and you agree that we do not accept any            liability or responsibility for any content, data, goods or services on or via Third-Party Websites, or any damage or damages caused or alleged to be caused by or in connection with your use of such contents, information, goods or services or otherwise available on or through such Third-Party Websites. You also agree to do this completely at your own risk when you browse Third-Party Websites.
 
PERSONAL INFORMATION AND PRIVACY

The Company is committed to ensuring the security and protection of the personal information that we process, and to provide a compliant and consistent approach to data protection. We have always had a robust and effective data protection programme in place which complies with existing law and abides by the data protection principles. However, we recognise our obligations in updating and expanding this programme to meet the demands of the GDPR & POPI.

• We respect your privacy. Should you decide to make use of our website, the personal information that we will require is purely to contact you should we be running any special offers.
• It is your responsibility to update any of your personal information that you provide to us as soon as it is no longer accurate and complete.
• We may also request that you submit your personal information to us via the Website to access certain elements of the Website or make use of the services we provide on or through the Website.
• You guarantee that the personal information you give is correct, up to date, and comprehensive.  You will be denied access to the Website if you breach this warranty or are later determined to have breached this guarantee.
• We may take efforts to verify the personal information you provide us. You provide your
  unequivocal approval for this verification process. You recognise and agree that your access to the Website may be restricted until the verification procedure is successfully completed.
• The purposes for which we will use your personal information are as follows: to contact you
  regarding current or new products or services, to inform you of new features, exclusive offers and to improve your experience on our website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us.
• The Company will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent unless the use or disclosure is required to comply with applicable law, order of the court or legal process served on The Company; and/or disclosure is necessary to protect and defend the rights or property of The Company.
• We will be entitled to disclose your personal information to those of our employees and/or third- party service providers who assist us to interact with you via our website or email and thus need to know your personal information to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third-party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations concerning your personal information.
• We will treat your personal information as strictly confidential; upon your request, promptly return or destroy any of your personal information in our possession or control.
• The security of your personal data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security.
• However, with your consent, we may disclose your personal information for any other purpose.  If you disclose your personal information to a third party, such as an entity that operates a website linked to this Website or anyone other than The Company. The Company shall not be liable for any loss or damage, howsoever arising, suffered by you because of the disclosure of such information to the third party. This is because we do not regulate or control how that third party uses your personal information.  You should always ensure that you read the privacy policy of any third party.
 
PERSONAL INFORMATION AND LEGAL OBLIGATIONS

Business Transactions:

• If The Company is involved in a merger, acquisition or asset sale, Your Personal Data may be
  transferred. We will provide notice before Your Personal Data is transferred and becomes subject  to a different Privacy Policy.
 
Law Enforcement:

• Under certain circumstances, The Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
 
Other Legal Requirements:

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
• Comply with a legal obligation.
• Protect and defend the rights or property of The Company.
• Prevent or investigate possible wrongdoing in connection with the Service.
• Protect the personal safety of users of the Service or the public.
• Protect against legal liability.

TRACKING TECHNOLOGIES AND COLLECTION OF COOKIES

You agree to our Privacy and Cookies Policy by using this site. A cookie is a piece of data that your web browser saves on your computer’s hard drive when you use our computer server. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies. We use cookies for the following purposes:

• Authentication – we use cookies to identify you when you visit our website and as you navigate our website.
• Status – we use cookies to help us to determine if you are logged into our website.
• Shopping cart – we use cookies to maintain the state of your shopping cart as you navigate our website.
• Personalisation – we use cookies to store information about your preferences and to personalise our website for you.
• Security – we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally.
• Advertising – we use cookies to help us to display advertisements that will be relevant to you.
• Analysis – we use cookies to help us to analyse the use and performance of our website and
  services.
• Cookie consent – we use cookies to store your preferences in relation to the use of cookies more generally.
• Cookies used by our service providers.
Our service providers may use cookies and those cookies may be stored on your computer when you visit our website.  Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when you go offline, while Session Cookies are deleted as soon as you close your web browser. We use both Session and Persistent Cookies for the purposes set out below:

EXPLICIT CONSENT

As a user, you give us explicit consent to use your data in the manner described in the personal information and privacy and cookie section to better your experience and to ensure that we continue providing solutions suitable for your shopping experience on our website.

WEBSITE ACCEPTABLE USE

• You may only use the Website if you are 18 years of age or older. If you are under eighteen, you may use the Website only with the involvement of your parent or legal guardian.
• You agree that you will not use any device, software, or other instruments to interfere or attempt  to interfere with the proper working of this Website. In addition, you agree that you will not use any robot, spider, other automatic devices, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
• You may not use the Website to distribute material, which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
• You may not display, publish, copy, print, post or otherwise use the Website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorised Company representative.
• If you engage in any of the practices, as determined in our sole discretion (and whose decision shall be final), we shall be entitled, without prejudice to any other rights we may have, to:
  1. suspend or terminate your access to the Website without notice.
  2. hold you liable for any costs we incur because of your misconduct.
 
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 Site are owned by The  Company alternatively the Company is the lawful user thereof. Such rights are protected by both South African and international intellectual property laws. All data and information communicated to or from the Site and/or any Site information as well as the database is the sole property of the Company.
• The Company permits you to view, electronically copy and print portions of the Site for the sole purpose of placing an order with the Company for any of the Products.
• Any use of materials on the Site other than for the purpose noted above including, without
  limitation, the unauthorised submission, removal, modification, dissemination, copying or
  distribution of copyrighted or other proprietary content, without the prior written consent of The Company and/or the lawful trademark and/or copyright owner (if applicable), is prohibited and constitutes an unlawful infringement of the intellectual property rights of The Company and/or such trademark and/or copyright owner.
 
COMPLAINTS PROCEDURE

If you feel your rights have been infringed through the unlawful use of the website, other website users or third parties, you may address your claims by emailing our information officers at buildantique@ansave.co.za and kindly note you will be offered a form that must be completed in requesting information to successfully resolve your complaint or amendment of your personal information. The form will assist with the amendment of your personal information or complaints about infringement of your personal information.

WARRANTIES, LIMITATIONS OF LIABILITY AND INDEMNITIES

• The Company shall not be liable for any direct, indirect, incidental, special, or consequential injury, loss or damages which might arise from your use of, or reliance upon, any material or content contained in, or inability to use, and/or unlawful activity on, the website and/or any linked third- party website. You hereby indemnify The Company against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website or any linked third-party website.
• Without derogating from the generality of any of the provisions hereof, and subject to the CPA, to The Company shall not at any time be liable for any claims of whatsoever nature and howsoever arising for direct or consequential loss or damage which may be sustained by the Customer in connection with the use of the Products and the Customer hereby indemnifies the company against all such claims.
• On delivery of the Products to the Customer, the risk in and to the Products shall pass to the
  Customer notwithstanding that ownership in the Products remains vested in the Company.
 
GOVERNING LAW AND AUTHORITY

These Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications, or the like instituted by either party against the other, arising from any of these Terms and Conditions.

PRODUCT PRICING AND AVAILABILITY

• The Products displayed on this Site are subject to availability and will be delivered only within the Republic of South Africa, within the defined areas as determined by the Company. All prices displayed on the Site are valid and effective only in the Republic of South Africa. The Company reserves the right, without prior notice, to discontinue or change pricing or specifications on Products and services offered on this Site without incurring any liability whatsoever.
• Although we have made every effort to display as accurately as possible the products that appear on the Site, there may be variations in the product colour.

UNINTENDED AND OBVIOUS ERRORS

We regret that no orders will be processed if we discover an unintended and clear inaccuracy in the prices of Products or Services or the descriptions of any of our Products or Services on our web platform.
If we become aware of a pricing error in relation to any Products or Services advertised by us online, we will be entitled to notify you of such error and, at your option, either:
• cancel the transaction and, if you have already paid for any Products, we will refund you such
  payment; or
• uphold the transaction and allow you to pay the correct price before the order is fulfilled.
  We recommend that price and stock availability with the respective to the company be              confirmed before
  visiting the premises to avoid disappointment.
 
PURCHASE OF PRODUCTS

These Terms and Conditions of Online Purchases govern the order or purchase of products (“Goods”) by you from the Company via the Website. The Terms and Conditions of Online Purchases are in addition to the Terms and Conditions of Use of the Website.
• Once you tick the box labelled “I accept”, these Terms and Conditions of Online Purchases form a legally binding agreement between you and The Company.

OUR PAYMENT METHOD

• Payment can be made via electronic funds transfer (EFT), in which event, you must make payment within 24 hours of submitting your order, as The Company will not execute the order until receiving confirmation that payment has been received.
• EFT payments must be made using the order number as the reference.

CONFIRMATION OF ORDERS

• You will receive an email confirming when your order is ready for collection at our premises. This process can take up to 2-3 working days after payment confirmation.
• Your collection confirmation and ID must be presented before goods can be released. You will be required to sign the receipt for the goods.
 
COLLECTION POINT

• Your collection confirmation and ID must be presented before goods can be released. You will be required to sign the receipt for the goods.
• Third party collections at the company would be required to present a copy of the customer’s ID as well as collection confirmation and will be required to sign the receipt for the goods.
 
RISK AND OWNERSHIP

On delivery of the Products to the Customer, the risk in and to the Products shall pass to the Customer notwithstanding that ownership in the Products remains vested in the company.

CANCELLATIONS, REFUNDS AND RETURNS

• Should you wish to cancel an order, it must be done telephonically within 24 hours of placing the order. Email buildantique@ansave.co.za or call 021 906 2846.
• Once goods have been collected, no returns will be entertained due to the reclaimed nature of the goods.
• A discretionary cancellation fee of up to 20 % of the sale amount will be levied at the sole discretion of The Company and or Seller.

ONLINE SECURITY

We understand that due to the rise of online shopping, new security dangers have also been created. We are committed to helping you remain secure online and have put together several pointers that you should always bear in mind:
• Check if the URL is secure by verifying whether it starts with “https://” – the “s” after “http” signals that the site is safe. Some browsers will additionally show a secure website by displaying a lock icon before the URL. When you are unsure, examine if there are any complaints or allegations of scams by searching for the firm and the website online.
• When registering for an account, choose a strong password.
• Be aware of phishing and malicious emails that require your personal information. Do not open them without contacting an IT officer or doing related security checks.
• You need to protect against malware with regular updates to your antivirus program.
• If you are shopping via a public hotspot, stick to known networks, even if they are free, it is always best to privatise your Wi-Fi.
• Any time you connect to the Internet using a Wi-Fi network that you do not own, you should use a virtual private network, or VPN.
 
AVAILABILITY AND TERMINATION

• We will use reasonable endeavours to maintain the availability of the Website, except during
  scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
• The Company may in its sole discretion terminate, suspend, and modify this Website, with or
  without notice to you.
• You agree that The Company will not be liable to you if it chooses to suspend, modify or terminate this Website.
 
DELIVERY TERMS AND CONDITIONS

Customers need to collect stock at our premises or arrange a suitable courier for collection of purchased
items.