TERMS AND CONDITIONS

Last updated: 24 October 2018
 
Welcome to our Website.  If you continue to browse and use this Website, you agree to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern Pupkewitz MegaBuild’s relationship with you in relation to this Website.  If you disagree with any part of these terms and conditions, please refrain from using the Website.  As customer, nothing in this Agreement affects your non-excludable statutory rights.  We may change, modify, add to or remove parts or the whole of these terms and conditions.  Changes will become effective when posted to this Website.  The user’s continued use of this Website following changes or updates will be deemed to constitute the user’s acceptance of these terms and conditions, including any changes or updates.
 
The term ‘Pupkewitz MegaBuild’ or ‘MegaBuild’ or ‘us’ or ‘we’ refers to the owner of the Website whose registered office is Pupkewitz Holdings, 63-67 Lazarett Street, Southern Industrial Area, Windhoek.  Our company registration number is 312.  The term ‘you’ or ‘user’ or ‘customer’ or ‘client’ refers to the user or viewer of our Website.  Our Website address is www.megabuildonline.com and our email address is [email protected].
 
SITE UP-TIME
 
All reasonable measures are taken by us to ensure that this Website is operational all day, every day.  However, occasional technical issues may result in some down-time and accordingly we will not be liable if this Website is unavailable at any time.
 
Where possible we will seek to give advance warning of technical or maintenance issues that may result in Website downtime but we shall not be obliged to provide such notice.
 
WEBSITE ACCESS AND USE
 
It is not necessary to register with us in order to use most parts of this Website.  However, particular parts of this Website will only be accessible if you have registered.
 
This Website may only be used for your own private purposes and in accordance with these terms of use.  You may print and download material from this Website provided that you do not modify or reproduce any content without our prior written consent.  You may only use the Website for your personal, commercial use, and not to provide services to a third party.
 
The use of this Website is subject to the following terms of use:
 
  • You must be at least 21 years of age to place an order.
  • By placing an order, you make an offer to purchase, which we may accept in our sole discretion.
  • The content of the pages of this Website is for your general information and use only.  It is subject to change without notice.
  • This Website uses cookies to monitor browsing preferences.  If you do allow cookies to be used, we may store personal information for use by Pupkewitz MegaBuild or third parties.  (See our Cookie Policy for more detail)
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose.  You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.  
  • Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable.  It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
  • This Website contains material which is owned by or licensed to us.  This material includes, but is not limited to, trademarks, intellectual property, the design, layout, look, appearance and graphics.  Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All material subject to copyright and trademarks reproduced on this Website which are not the property of, or licensed to, us are acknowledged on the Website.
  • We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
  • Unauthorized use of this Website may give rise to a claim for damages and / or be a criminal offence.
  • From time to time this Website may also include links to other Websites.  These links are provided for your convenience to provide further information.  Pupkewitz MegaBuild does not have any control over the nature, content and availability of those sites.  Links do not signify that we endorse the website(s).  We have no responsibility for the content of the linked website(s).
VISITOR PROVIDED MATERIAL
 
Any material that a visitor to this Website sends or posts to this Website shall be considered non-proprietary and non-confidential.  We shall be entitled to copy, disclose, distribute or use for such purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.
 
When using this Website, you shall not post or send to or from this Website any material:
 
  • for which you have not obtained all necessary consents;
  • that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in force in the Republic of Namibia;
  • which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this Website in breach the paragraphs above or applicable law generally.
 
We, our suppliers, employees, directors, partners, affiliates and agents will not be liable for any damage, loss or liability of any nature whatsoever incurred by whoever as a result of any action or omission of or from this website.  We make no warranty or representation as to the availability, accuracy or completeness of the content or any third-party content accessible via an Internet link.
 
PRICES
 
Pupkewitz MegaBuild will make every effort to ensure that the prices quoted on the Website are to the best of our belief accurate and correct, but we do not accept any liability for any errors / inaccuracies contained in the prices.  Pupkewitz MegaBuild reserves the right to amend any price quoted on this Website at any time without notification to their customers.
 
Value added tax at 15% is charged on all products and is included in the price quoted.
 
All prices on the Website are quoted in Namibia Dollars (N$).
 
CANCELLATION POLICY
 
No orders placed via the Website will be cancelled after dispatch to the customer of a confirmation of receipt of order.
 
DIRECT DEPOSIT PAYMENTS
 
Should you elect to make payment via direct deposit or electronic funds transfer (EFT), you will receive instructions on how to facilitate such payment.  Customers must ensure that the total amount is paid as reflected on the checkout screen (“the quoted amount”).  Pupkewitz MegaBuild reserves the right to refuse receipt of payments which do not correspond with the quoted amount.
 
Pupkewitz MegaBuild will send you confirmation of your purchase once the funds are physically received in our bank account and reflected on our bank statement.  The transfer time of payments may vary and usually takes between 1 and 4 working days to be processed, depending on the bank used to transact.  Pupkewitz MegaBuild will process payments once a day, 6 days a week.
 
REGISTERING ON THE WEBSITE
 
Customers must be registered on the Website in order to view the pricing and to make a purchase from the Website.  We reserve the right to decline a new registration or to cancel an account at any time.  When you register on the Website, you agree that you will provide us with the following information:
 
  • Name
  • Surname
  • Email address
  • Chosen domicilium citandi et executandi being a street address in Namibia.
Once you have registered, you will be able to update your personal information, view your account, orders, quotes and modify your preferences.
 
You will have the option to decide whether you would wish to receive email communication regarding our new services and special deals from Pupkewitz MegaBuild.  You can, at any time, unsubscribe from receiving these e-mails, by unchecking the box under ‘Other Information’ in your account settings.
 
By registering, you agree:
 
  • that all information provided to us is true, complete and accurate and that you will inform us of any changes to such information by updating the details in your account;
  • that you will keep your password confidential and immediately notify us if any unauthorized third party becomes aware of / uses your password without your authorisation.  You are responsible for any loss or damage you, or any other party, may suffer if you do not maintain the confidentiality of your password;
  • that we can send you administrative e-mails as required as part of our operations.
Being a registered user does not entitle you to collect product or service listings, descriptions or other information displayed on this Website.  It also does not allow any derivative use of this Website or the content for the benefit of another merchant or at all.
 
ONLINE AVAILABILITY
 
The availability of products displayed on our Website is updated once a day.  We do not take responsibility for online orders placed that cannot be executed as a result of stock unavailability.  We however will inform customers of products not available and request an indication whether such products should be kept on back order or not.
 
LEGAL
 
Pupkewitz MegaBuild will assist in resolving disputes that arise between suppliers and customers.  However, Pupkewitz MegaBuild does not take responsibility for resolving the dispute.
 
Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of Namibia.
 
Pupkewitz MegaBuild may change this agreement or any part thereof at any time without notice.

 

These terms and conditions are governed by the laws of the Republic of Namibia.  If any of the provisions of these terms and conditions are found by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part shall be severed from the remaining provisions which will be enforced to the maximum extent permissible so as to give effect to the intent of the terms and conditions, and the remainder of these terms and conditions will continue in full force and effect and be binding on the parties.
 
WEBSITE DISCLAIMER
 
Every effort is made to keep the Website up and running smoothly.  However, Pupkewitz MegaBuild takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control.
 
Significant information included on our Website is provided by our suppliers, and although we make great efforts to ensure the quality, accuracy and completeness of the information, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of this information.  Any reliance you place on such information is therefore strictly at your own risk.
 
We are not and will not held be liable for any losses, damages, liability, claims or expenses (howsoever caused, including negligence, and whether direct, indirect or consequential) arising from the use of or connected with our Website or any products or services purchased on our Website, and we make no warranty or representation as to the aptness or suitability of any product or service displayed on our Website or any linked website.
 
ELECTRONIC COMMUNICATION
 
When you visit Pupkewitz MegaBuild or send e-mails to us, you are communicating with us electronically.  You consent to receive communication from us electronically.  We will communicate with you by e-mail or by posting notices on this site.  You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirement that such communication be in writing.
 
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
 
THIS WEBSITE IS PROVIDED BY PUPKEWITZ MEGABUILD ON AN “AS IS” AND “AS AVAILABLE” BASIS.  PUPKEWITZ MEGABUILD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PUPKEWITZ MEGABUILD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  PUPKEWITZ MEGABUILD DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OUR COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  PUPKEWITZ MEGABUILD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.