BLOCKHOUSE STORES (PTY) LTD
TERMS AND CONDITIONS
Welcome to the BLOCKHOUSE website. Please read these terms and conditions carefully, as your usage of our BLOCKHOUSE Website and/or any BLOCKHOUSE Apps (collectively called “BLOCKHOUSE Websites”) serves as adequate indication of your acceptance of these terms and conditions.
- ABOUT US
Our BLOCKHOUSE Websites are owned and operated by BLOCKHOUSE (Pty) Ltd (“BLOCKHOUSE”). By accessing, using or making purchases through BLOCKHOUSE Websites, you agree to the terms and conditions set out below. You agree that you have read and understood these terms and conditions, and that same shall be legally binding upon you.
- USE OF BLOCKHOUSE
2.1. You agree to use BLOCKHOUSE Websites, in accordance with these terms and conditions, only for lawful purposes and in a way which does not infringe, restrict or inhibit anyone’s right to use and/or enjoyment of this site. Failure to comply with these terms may result in denied access to the BLOCKHOUSE Websites indefinitely.
2.2. You agree not to use the BLOCKHOUSE Websites in any way which might infringe the rights of any third party, or, give rise to a legal claim against BLOCKHOUSE by any third party.
2.3. You agree not to damage, interfere with or disrupt access to the BLOCKHOUSE Websites, or do anything which may interrupt or impair its functionality.
2.4. You may download and print content from the BLOCKHOUSE Websites only for your private, personal and non-commercial use. We cannot guarantee or warrant that any material available for download on the site is free from infection, viruses, trojans or other contaminating codes.
2.5. You will not use BLOCKHOUSE Websites to send by email, post or otherwise submit or transmit any material that is deemed unlawful, threatening, offensive, libellous, abusive, defamatory, invasive, vulgar, obscene or profane in anyway.
2.6. You will not reproduce, distribute, modify or re-post BLOCKHOUSE content on another site, frame or mirror the BLOCKHOUSE Websites, or link to this site without BLOCKHOUSE’s prior written consent.
- ACCESS TO THE BLOCKHOUSE WEBSITES
3.1. We try to update BLOCKHOUSE Websites regularly and as such may be required to suspend access, service or functionality from time to time, without notice. If required (in extenuating circumstances), for which BLOCKHOUSE will not be held liable if, for any reason, the BLOCKHOUSE Websites may be unavailable at any time or for any period of time.
3.2. As information or data transmitted to or from the BLOCKHOUSE Websites passes over public telecommunications networks, we cannot guarantee that the operation of the site will be secure, confidential, uninterrupted or error-free. You agree not to do anything that may interfere with the proper working of the site- including tampering with or hacking into the site, or servers within which the site is stored.
3.3. BLOCKHOUSE may, at its sole discretion, immediately suspend or terminate your right to use of BLOCKHOUSE Websites without any warning if we consider that you have contravened any of these terms and conditions. This is without prejudice to any other rights or remedies that BLOCKHOUSE may have.
- CONTENT ON THE BLOCKHOUSE APPS
4.1. We own, or are the licensee of, the intellectual property rights in the content of the BLOCKHOUSE Websites (“Rights”), including brands, logos, products, text, photos, graphic designs, images, audio, video recordings and any data entered or submitted by you. You shall abide by all additional copyright notices, information or restrictions contained in any content accessed through this website.
4.2. Nothing contained on BLOCKHOUSE Websites should be construed as granting, by implication or otherwise, any licence or right to use, deal with, or copy (in any way) in part or in whole, any Rights without BLOCKHOUSE’s prior written permission or, as appropriate, the permission of the third party rights owner. Your misuse of the Rights, except as expressly provided in these terms and conditions, is strictly prohibited.
4.3. BLOCKHOUSE Websites may contain links to third party sites and resources. We have no control over the contents of these sites, resources or third parties, and accept no responsibility for them, or for any loss or damage that may arise from your use of them. We do not review, censor, approve, edit or endorse any information placed on third party sites or resources.
4.4. We have made every effort to reproduce BLOCKHOUSE products, designs and colours on BLOCKHOUSE Websites as accurately as possible. However, different devices may reproduce colours slightly different, as such exact colour matches cannot be guaranteed by BLOCKHOUSE. Therefore, when purchasing products from BLOCKHOUSE Websites, please be aware that colours could potentially differ as they may appear on the screen. If you are not satisfied with the item you have ordered, kindly refer to BLOCKHOUSE’s Payment Policy /Returns Policy.
4.5. We make no absolute surety or representation that all information and materials on BLOCKHOUSE Websites are appropriate for use in all jurisdictions available on the web, or that product or services offered on BLOCKHOUSE Websites are available, or indeed appropriate, for sale or use in all jurisdictions or by potential clients. Those who access BLOCKHOUSE Websites do so of their own initiative and are therefore responsible for compliance with the applicable local laws and regulations. By accessing BLOCKHOUSE Websites, the entrant has agreed that they have reviewed BLOCKHOUSE Websites in its entirety, including any and all legal or regulatory rubric.
- YOUR PRIVACY
5.1. We collect and process your personal information in accordance with applicable data protection legislation, as amended from time to time.
5.2. By providing your details on BLOCKHOUSE Websites, you consent to BLOCKHOUSE maintaining, recording, holding and using the information you give BLOCKHOUSE at the time of ordering to process your orders and answer your queries.
5.3. BLOCKHOUSE considers your privacy as paramount and shall strive to not pass your details onto any third party without your express permission unless legally bound to do so. From time to time, BLOCKHOUSE may send you pertinent information (including news, discounts, relevant and personalised offers on products and exclusive deals, etc.) unless you have told us not to do so. This request can be completed by emailing us at info@Blockhouse.co.za formally requesting to be removed from this service.
5.4. Should you choose to not receive information (as outlined in Section 5.3) from BLOCKHOUSE or third parties, BLOCKHOUSE will adhere to your wishes and only contact you regarding service issues including, but not exclusively: order confirmation, password changes, significant changes to terms and conditions and informational, non-marketing emails.
5.5. If you have any questions regarding the BLOCKHOUSE privacy policy, kindly view our Privacy Policy section on our website www.BLOCKHOUSE.net.
- REGISTRATION
6.1. Registration
6.1.1. Registration on BLOCKHOUSE Websites may be required in order to purchase the service. Upon registration, you are encouraged to provide accurate and complete information and inform us of any changes to that information by updating your details in the Profile section.
6.1.2. Upon first registration, you will be asked to choose a user name and password (ID). None of our employees or agents will ever ask you for this information. Do not disclose this password to anyone under any circumstances whatsoever.
6.1.3. You are responsible for all use of your ID, and for preventing unauthorised use of your ID. If you believe there has been any breach of security, such as the disclosure, theft or unauthorised use of your ID or any payment information, you are strongly encouraged to notify us immediately at info@Blockhouse.co.za.
6.1.4. Your registration does not in itself entitle you to purchase products from us, and we are not obliged to accept any or all orders that you place with BLOCKHOUSE.
6.2. Risk/Title
6.2.1. The BLOCKHOUSE services or products are at your risk from the time of delivery.
- Products & Delivery
7.1 Delivery Commitment
Where Blockhouse Stores (Pty) Ltd is responsible for deliveries to you the customer, we will best endeavor to deliver the merchandise on the date and time as agreed upon finalization of the order, however, due to circumstances beyond our control there may be unexpected changes to the agreed delivery date and time.
7.2 Lead Times
Lead times for deliveries are 4 to 6 weeks, provided that these lead times are not affected by any public holidays locally or internationally. This is also providing that the lead time is not affected by strikes, mass actions or natural disasters locally or internationally. The lead times above specifically exclude made-to-order items as those items may require fabric orders which are as per the respective design house’s turnaround time, and or special drawings that needs to approved by the customer.
7.3 Deliveries/Collections/Storage
7.3.1 No deliveries/collections will take place until payment for the merchandise is made in full and cleared by our bank.
7.3.2 Deliveries by us will take place within designated areas, and during office hours on working days, or by agreement with the branch manager.
7.3.3 Blockhouse Stores (Pty) Ltd will only make deliveries where the merchandise can fit in lifts, staircases or through doors and merchandise will not be hoisted onto balconies.
7.3.4 The onus is on the customer to inform us of weight/tonnage restrictions applicable to the place of delivery. Any damages resulting from non-disclosure in this regard will be for the customer’s account.
7.3.5 Please ensure that the place of delivery is accessible for deliveries and that you have cleared the space for the merchandise prior to delivery, together with removing breakables that could be in the way of the delivery.
7.3.6 Should the delivery crew be required to move any furniture to make space for the delivery of the merchandise, Blockhouse Stores (Pty) Ltd will not be held responsible for any resulting damages to the new or existing furniture or interiors whatsoever.
7.3.7 Any additional costs due to failed deliveries, access problems and/or failure to adhere to the appointment time will be for your account.
7.4 Proof of delivery and damage to delivered merchandise
A signed proof of delivery by you, the customer, or a representative, without annotations, is proof that you have received the merchandise in good order and condition, i.e. undamaged. If there is any damage to the merchandise, this must be annotated/ recorded on the proof of delivery upon delivery and reported by you, the customer, in writing to the store manager within 24 hours. Refer to clause 9 below regarding exchanges/refunds.
7.5 Collections
The person collecting the merchandise must produce an original order confirmation, as well as the original proof of payment (receipt), for the merchandise to be released. Upon release of the merchandise, if no damage is recorded on the collection document, this document will serve as proof that the merchandise was received in good order and condition. Should the customer fail to take delivery within 30 days from the agreed delivery date, we reserve the right to cancel this agreement and impose the cancellation charge as set out in clause 8.
7.6 Special Orders (CMT) / Orders
All Special orders require a full upfront payment and no order will be processed until payment is made.
Special orders will not be refunded /exchanged.
7.7 Refunds and Exchange Policy
7.7.1 Damaged Goods
Merchandise that is delivered damaged will only be refunded or exchanged and credit given if there is compliance with the requirements in clause 6 and 7. For special orders, refer to clause 8 above.
7.7.2 Linen
Due to our stringent hygiene standards Linen and associated lines will not be exchanged or refunded if the packaging has been opened.
7.7.3 Gift Cards
All gift cards are non-refundable and cannot be used to purchase other gift cards. Returns on items paid for with a gift card will be made via a credit on a new gift card.
7.8 All other Returns
Blockhouse Stores (Pty) Ltd offers a 7 day exchange policy on all other purchases excluding items on sale, promotional lines, and the other restrictions specifically listed in this document.
Apart from the aforementioned and the provisions of clauses 6,7,8,11 and 13, we will only accept the return of merchandise that is returned within 7 days of delivery, and or as agreed to by the Branch Manager provided that:
– The merchandise is in the unused condition it was delivered in
– Original proof of purchase is provided
Refunds will be done via EFT, Cash and card (debit or credit) payments will only be refunded via EFT payments directly to your bank account as cash is picked up daily by our service provider.
No debit or credit card transaction reversals can be processed via the in-store speed point terminals or in cash.
All relevant credit card charges will be subtracted from the original purchase price when refund is done via EFT or by speed point in store.
All refunds will be made via EFT within 21 working days.
All Refunds except in the case of damages (on condition that they meet the criteria for damages) will be made net of delivery/related charges incurred by Blockhouse Stores (Pty) Ltd.
7.9 Items on Sale
All Sale (discounted) items are sold voetstoets and are strictly non-refundable, this includes floor stock items that are discounted by the Branch Manager, the responsibility lies with the customer to inspect the stock items on the floor, and to point out any scratches, dents and or marks on the stock purchased, no exchanges will be entertained should you the customer not be happy upon delivery of floor stock items, when viewed on the showroom floor.
7.10 Merchandise assembled by customers
We will not be liable for any damage to merchandise or personal injury that may arise where the merchandise is purchased unassembled. No refunds /exchange will be entertained for merchandise that has been assembled by you/your representative.
7.11 Merchandise warranties
7.11.1 All merchandise will carry a one (1) year supplier warranty against latent defects unless otherwise stated.
7.11.2 All locally manufactured Case Goods (wooden furniture such as, coffee tables, side tables, plasma stands, dining tables, nightstands and headboards), carry a one (1) year guarantee, as wood is a living product we do allow for a certain amount of movement, which is natural for wooden products.
7.11.3 Kindly consult your store manager on how best to care for your merchandise. In this regard, please note that leather and timber merchandise have natural markings and colour variations due to the nature of the product and these are not defects/signs of damage. All claims are subject to assessment by our trained staff and decisions made are at the discretion of the branch manager.
7.11.4 Dining chairs carry a 1 year warranty
7.11.5 This warranty will not apply where goods have been altered after leaving the control of Blockhouse Stores (Pty) Ltd
7.11.6 This warranty will not apply where the consumer subjected the goods to abuse or misuse.
7.11.7 This warranty will not apply when the consumer disregarded the supplier care instructions, this includes damages due to chemicals and water used in the care of your product
7.11.8 No other warranties, representations or guarantees apply in respect of the merchandise, unless otherwise stated
7.11.9 No warranties, representations or guarantees apply in respect of fabric or Leather, unless otherwise stated.
7.11.10 No warranties, representations or guarantees apply in respect of paint
7.12 Cheque Payments
Blockhouse Stores (Pty) Ltd preferred methods of payments are EFT or Credit/Debit cards. Should you choose to pay by cheque, this may take up to 14 business days to clear. For special orders (CMT), your order will only be processed after the cheque has cleared. All payments must be in local currency (ZAR)
- BLOCKHOUSE HOMES
All prefabricated home sales will be recorded in specific construction contracts.
- BLOCKHOUSE LIABILITY
9.1 The material and information on BLOCKHOUSE Websites (including but not limited to product information) is provided without any guarantees, conditions or warranties, including warranties of merchantability, non-infringement of intellectual property, fitness for purpose, or accuracy or completeness of any information. We are not responsible for any errors, omissions or consequences of use of such information. The BLOCKHOUSE Websites serves purely as a mapping tool, as such information contained on BLOCKHOUSE Websites does not constitute any form of advice or recommendation by our company and is not intended to be relied upon for decisions based on such information which may impact a company financially or otherwise.
9.2 To the extent permitted by law, we, our related companies and third parties connected to us exclude:
9.2.1. all conditions, warranties and other terms which otherwise be implied by statute, common law or the law of equity; and
9.2.2. any liability for any direct, indirect or consequential loss or damage incurred by you in connection with BLOCKHOUSE Websites or in connection with the use, inability to use, or results of the use of BLOCKHOUSE Websites, any sites linked to it and any content on it, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
9.3 Except as expressly set out in these terms, all representations, warranties, conditions and other terms implied by statute, common law or otherwise are excluded to the fullest extent permitted by law. However, nothing in these terms is intended to exclude the BLOCKHOUSE or your liability for death or personal injury arising from negligence.
- INDEMNITY
You agree to defend, indemnify and hold BLOCKHOUSE and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these terms and conditions by you or your authorised users, or in connection with the use of the website or the Internet or the placement or transmission of any message or information on this website by you or your authorised users.
- CHANGES
From time to time, we may update and change these terms and conditions without notice. You will always find the latest version of these terms and conditions on the BLOCKHOUSE Websites. Continued use of BLOCKHOUSE Websites will serve as a viable indication that you accept and agree to any and all amendments to the terms and conditions.
- GENERAL
12.1. If any of these terms are held to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these terms will continue in full force and effect.
12.2. You agree that we may assign or novate these terms to anyone without notice to you.
12.3. Relevant South African law will apply to these terms and conditions and the relevant courts of South Africa shall have exclusive jurisdiction.
