Terms of service
By visiting our web site and or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions. These terms and conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and or contributors of content.
- Our terms contain specific provisions to limit our liability. These terms have been set out in capital letters. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our web site.
Detailed description of goods and/or services
"We" are Capegate Build it, and "us" and "our" have a corresponding meaning herein.
We are a private company incorporated in accordance with the laws of the Republic of South Africa.
Capegate Build it is a company specialising in the retail of all first aid medical items, Personal Protective Equipment, Legislative posters, SANS mandatory signs, corporate wear.
Products means any goods or other products that are made available by us via this web site;
We, us and our means Capegate Build it (and, unless the context indicates otherwise, its owners, employees, suppliers, internet service providers, agents and affiliates);
You mean the user of this web site;
Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the terms;
General conditions of use for this web site:
- You are solely responsible for any and all telephone usage and rental fees and/or internet access service fees that may apply to your use of this web site and the services offered on it.
- You may not access this site for any purpose other than for utilizing the services offered on it in the normal manner. You may not access our site for the purposes of redistributing or otherwise using any of our content for your own business purposes unless you are expressly licensed thereto by us in writing. You may not use your access to this site in a manner that would bring us, our business and/or any of our affiliates into disrepute. Furthermore, you may not access this site for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of this site by any other person. In this regard, you must comply with the laws, regulations and codes of conduct applicable to your use of this site. You may not to post or transfer any material to our web site that is unlawful or violates any third party's rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties' computer system. We may remove any content you have submitted to this site and/or suspend your access to any part of this site at any time without notice.
- We do not usually monitor, edit, control or filter the content submitted to this site by our users. Such content, including as may be found in blogs, forums, chat groups, comment sections and bulletin boards, do not represent our views and we have not authorized or endorsed such content. Such content should also not be viewed as professional advice of any kind, be it medical, legal, financial or otherwise. Please notify us if you have a complaint about the activities of or content submitted by a user of this site.
- We do not distribute or endorse any products, services or events posted, promoted and/or listed on our site other than the products and services we supply ourselves and our display of such products, services or events should not be construed as any form of endorsement thereof. All arrangements regarding such products, services and events are to be made directly with the supplier thereof.
- Notwithstanding that this site may contain links to third party web sites and that some third-party web sites may contain links to this site we do not control, endorse or approve the activities or content of any such third-party web sites. Please contact the relevant web site proprietor if you have a complaint about the activities or contents of a third-party web site.
- Proprietary rights (including without limitation, the trade marks, copyright and patent rights) in the components of this site belong to us and our licensors, including in the compilations, collective works and derivative works created incorporating the content of our users. The individual content you may submit will remain your property, but you grant us an irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free license to use such content free from any restriction and on the basis as if we were the owners thereof, including by modifying, reproducing, compiling, publishing, publicly performing, distributing, broadcasting and promoting it.
- The downloading and use of data contained on this web site is done at your sole discretion. You should independently verify the completeness and reliability of information provided on or via this site. Also be aware that viruses or code which may have a harmful effect on your computer system could be transmitted to you. You are responsible for implementing suitable protection mechanisms to prevent such harm from occurring.
- ACCESS TO OUR WEB SITE SERVICES IS PROVIDED TO YOU FREE OF CHARGE. RELIANCE ON AND USE OF OUR WEB SITE, CONTENT AND SERVICES ARE THEREFORE AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE ARISING IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THIS SITE OR THE CONTENT OR SERVICES PROVIDED, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW OR THE CONTRARY IS EXPRESSLY STATED.
- You will be required to choose a user name and a password when registering with us or using some of our services. You are responsible for keeping your user name and password secret. You will be required to enter your username and password every time you want to use one of our subscription services. You accept that you will be personally liable for all transactions concluded on your account.
- We are committed to protecting your privacy. We will collate the information which you give to us to provide you with services and personalize your use and visits of this site. We may also use such information to inform you, the user, about changes in the services we offer and/or about features we think you would find of interest. We may also permit the affiliated entities in our company group to inform you about products or services they offer that might interest you. By giving us this information, you consent to our use of it for these purposes and for the purposes outlined in our Client Information Processing Policy, including for the purpose of processing your orders and instructions. For further information regarding our treatment of your personal information, you are referred to our Client Information Processing Policy.
- We have to protect our business and secure our systems. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive via our web site and we may use, publish and disclose such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.
- You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services or custom whether registered with us or as a guest user.
- We reserve the right to refuse service to anyone for any reason at any time.
Modifications to the service and prices:
- Prices for our products are subject to change without notice.
- We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
- We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Complaints and General:
- We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can submit an email to us. We will try to do our best to resolve any problems that arise. We require that provide us with the following as part of your complaint:
- Your full names, physical address, telephone number and email address;
- The location and description of the service feature or transaction which is the cause of your complaint;
- The problem with the service or transaction or rights that you allege to be infringed by such feature or component;
- The actions you would like us to take to remedy the problem;
- A statement confirming that you are making the complaint in good faith;
- A statement confirming that the information you are providing to us is to the best of your knowledge true and correct;
- Please incorporate your signature into the complaint.
- Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.
- You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties hereunder to any other person without our prior written consent. We may cede, delegate, transfer and assign our rights, obligations and duties here under to any other person.
- We will be excused from a failure to perform or delay in performance of our obligations hereunder if and to the extent that circumstances outside our reasonable control prevent or delay such performance.
- We will try to ensure that sensitive payment information (such as your credit card details) provided to us are suitably protected. For such purposes we will implement reasonable security measures which may include cryptographic techniques to protect such information. HOWEVER, WE DO NOT GUARANTEE THE ABSOLUTE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US OR THAT IS TRANSMITTED TO YOU OR ANY OTHER PERSON.
- Prices are quoted are in ZAR (South African Rand)
- Please order your products directly from the website (https://www.capegate-buildit.com or follow the Menu from the main Capegate Build it website).
- Select your product - add to the Shopping Cart - either continue Shopping, or Check Out.
- Please note, you must accept the "Terms of Service" (Terms and Conditions) before the system will allow you to proceed further.
- While we would prefer you to register as a customer (for future orders) you may also continue as a Guest. You will still have to add some basic information. Either way, you must provide a Username and Password otherwise you will not be able to complete the transaction
- Once you have Confirmed the Purchase and you will be directed to the PayFast Transactional Server to make your payment. You will be asked to enter your Username and Password. Complete the transaction.
- You will receive confirmation once you have completed the transaction. An invoice and a PayFast confirmation will be sent to your registered email address
Capegate Build it may cancel any sale and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time at its sole discretion. If an order is cancelled, any payment made for the products will be refunded in full. This does not affect your Statutory Rights.
The price for each product is shown includes VAT at 15%. Capegate Build it.
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
You will be notified of the delivery costs on the invoice. Prices are quoted are in ZAR (South African Rand)
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Full payment is required before the order is processed. This can be done via the website using PayFast.
Use your invoice number as reference for your payment to ensure accurate allocation of funds.
We try to keep up to date as possible but cannot guarantee that particular product will always be available. If we can't supply a product you will not be charged for it and we will refund or re-credit your account with the amount debited by us.
All offers are available while stocks last. If we are unable to supply a product you have ordered, we will notify you as soon as we can after receiving your order. If this happens, you may cancel your order and we will refund you the money you have paid for it.
Should a product you have ordered be:
- Temporarily unavailable, Capegate Build it will notify you thereof as well as the anticipated delay in delivery and, unless you agree to wait for such longer period for delivery, or accept delivery of another product instead or a credit on your account, Capegate Build it will issue a refund in respect of that product to you;
- Permanently unavailable, Capegate Build it will notify you and, unless you agree to accept another product instead or a credit on your account, Capegate Build it will issue a refund in respect of that product to you.
Capegate Build it delivers to destinations inside the Republic of South-Africa. You will be notified of the delivery costs on the invoice as the weight, size and delivery time of the item needs to be calculated.
Capegate Build it aims to deliver products to destinations within the Cape Town area within 7 working days in most circumstances however delivery times cannot be guaranteed.
Orders dispatched require a signature on receipt of package and operate between 9am and 5pm on weekdays only, so please specify an address where someone will be able to sign for your products between these hours.
We will make every effort to deliver within the time stated, but we will not be liable for any loss caused to you by late delivery.
If the products are not delivered within the estimated delivery time which we quote, please contact us by telephone or email and we will try and ensure that you receive your order, as quickly as possible, or if you wish you may cancel your order and we will refund the money you have paid. This does not affect your statutory rights as a consumer.
We believe that you will be delighted with your product but there may be occasions where you feel it necessary to return an item. We aim to keep the process as simple as possible. These terms do not affect your statutory rights. We will try to attend to all returns as soon as practically possible once Return Form has been received.
You may not under any circumstances return the following:
- Non-defective products that have been "made to order / branded".
- Products that you or any other person has altered, repaired, incorporated or added to where such alteration, repair, incorporation or addition has not been authorised by Capegate Build it.
Return procedure to be followed:
- Fill in return form.
- Specify the reason for the return.
- Return the item to Capegate Build it at your cost.
- Specify refund account details.
- Supply proof on a bank stamped bank letterhead clearly indicating the banking details.
Pack item into box
Item(s) to be in their original packaging into a box to protect the items you are returning.
NO branded items will be accepted for returns for any reason.
Within 30 days of the returned item having been cleared by Capegate Build it quality, the money will be refunded back to via EFT ONLY. The refund will ONLY be done with a bank stamped bank letterhead clearly indicating the banking details.
If you are unhappy with an item when you receive it or if you simply change your mind please return it, with the Return Form, unused, having taken reasonable care of it and complete with packaging and all components, for a full refund within 14 working days from date of purchase.
Within 30 days of the returned item having been cleared by Capegate Build it quality, the money will be refunded back to via EFT ONLY. The refund will ONLY be done with a bank stamped bank letterhead clearly indicating the banking details. You will only have to pay for the return postage of the products.
We try to select and package the products as well as possible to ensure they arrive in good condition. However, if a product arrives damaged or with defects, or is not what you ordered, we will replace it free of charge or provide a full refund as appropriate, if you return the product to us at the postal address below within 14 days of receipt. In these circumstances we will also pay you the cost of the return postage.
For help with items later than 14 days after your initial purchase please email us for more information. This does not affect your Statutory Rights.
Returning unwanted or faulty products:
Cancellation of orders by the client will attract a 15% administration fee. Please contact us by email (at email@example.com) to inform us of your wish to return products. We will sent you the Returns Form which should emailed to firstname.lastname@example.org prior to processing of your return. We may also advise you how to send the item back to us.
Unwanted goods - Custom-made and high value products
Due to the bespoke nature of custom-made products we are unable to offer our usual 14 Day Money Back Guarantee on unwanted goods.
In the case of high value items in excess of R3000.00 the usual money back guarantee is limited to 7 days and you shall be responsible for the cost of return within 7 days of receipt. This does not affect your statutory rights.
Capegate Build it’s Responsibilities
Capegate Build it shall insure ordered products at their retail value whilst being delivered to you. Please check the delivered products as soon as possible on receipt as we will not cover any subsequent loss or destruction.
You will be responsible for any breach of these terms by you and if you use Capegate Build it in breach of these terms you will be liable to and will reimburse Capegate Build it for any loss or damage caused as a result.
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit Capegate Build it liability for death or personal injury resulting from its negligence nor any fraudulent representation.
Capegate Build it will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
Please read the instructions, manuals and other user documentation that comes with your products carefully. Capegate Build it is not involved in the manufacture of products and will not advise on their use or operation or the manufacturer's guidelines. You are urged to use all products safely and in accordance with the manufacturer's guidelines.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Capegate Build it excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Capegate Build it shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- Any incorrect or inaccurate information on web site;
- Any interruptions to or delays in updating web site;
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of Capegate Build it or any Product;
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading content from Capegate Build it website, or from transmissions via emails or attachments received from Capegate Build it or its licensees and affiliates;
- The availability, quality, content or nature of the other sites on the Internet that are owned and operated by third parties ("External Sites") to which Capegate Build it link and web sites located on or through any External Site nor for any transactions involving External Sites (including as to 'cookies', personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
- All representations, warranties, conditions and other terms which but for this notice would have effect.
In the event that any part of these Terms is held to be unenforceable, such part will at Capegate Build it option be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect.
These Terms constitute the full agreement between you and Capegate Build it and may only be amended in writing. They apply to the exclusion of all other terms or conditions of contract proposed.
Since we are principally aiming at the South-African market, we cannot guarantee that it accords with local laws of any other countries.
Use of Capegate Build it web site and these terms are subject to the laws of South-Africa and the jurisdiction of the South-African Courts.
Capegate Build it reserves the right to refuse, in the interest of fraud prevention, processing any payment for any order, and/or to cancel any purchase partially or completely, with notice given to you.
Capegate Build it will be responsible for returning funds for the cancelled portion of the order to you only if you have already paid such funds.
Disclaimer of warranties: Limitation of liability:
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Capegate Build it, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some countries, provinces, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Capegate Build it and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.