Contractor / Builder
Byson Fergusson (Pty) Ltd With the aim of maintaining mutually beneficial customer relationships in the long term, Byson Fergusson provides reliable building contractor services and guarantees quality workmanship.
ON-LINE PURCHASING GENERAL TERMS AND CONDITIONS
Please take a moment to read these general terms and conditions (the ‘Terms’) to understand how they apply to your use of our website and any products or services that may you may order online.
This website is owned and operated by Lafarge Industries South Africa Proprietary Limited (‘Lafarge’), a company registered under the laws of the Republic of South Africa with Registration Number 2005/033309/07, which has its registered office at 35 Westfield Road, Longmeadow Business Estate, Ext 11, Edenvale, South Africa. Lafarge is a member of LafargeHolcim. Accordingly, all rights and/or defences afforded to us in these Terms shall stand to the benefit of our group companies.
1. Terms and Conditions
These Terms govern the ordering, sale and delivery of goods and the use of this website. These Terms are binding and enforceable against every person that accesses or uses this website. By using this website, you acknowledge that you have read and understood these Terms and agree to be bound by them. Online purchases from our website are subject to their own additional terms and conditions.
2. Use of our website
You are welcome to browse or use our website for your own personal, non-commercial shopping and for information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of this website, the uploading of any unlawful or damaging information or viral software or the creation of any links to our website from any other site whatsoever is strictly prohibited. You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our website and/or its contents contrary to these Terms.
Lafarge may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the website or any part thereof or the user’s right to use the website if it is established that you are not using the website in compliance with these Terms or if we believe the information provided by you is untrue, inaccurate or incomplete.
3. Use of our Website outside South Africa
Customers who are not resident in the RSA are welcome to use our website in accordance with these Terms to make online purchases provided that the delivery address is in South Africa.
4. Use of personal information
Your privacy matters to us and we are committed to the protection of your personal information. In order to use this website, Lafarge may need to collect, use, store or process your confidential and personal Information. You hereby authorize such collection, use, storage and processing where the need arises, subject to compliance with further provisions of this clause.
Lafarge shall only collect, use, store or process personal information in compliance with the applicable RSA legislation and as is necessary for the purposes of these Terms.
Lafarge hereby agrees to comply with the data protection obligations imposed on it in terms of the applicable RSA data protection legislation, and failing such legislation, it shall take, implement and maintain all such technical and organizational security procedures and measures necessary or appropriate to preserve the security and confidentiality of the confidential information or personal information in its possession and to protect such confidential information or personal information against unauthorized or unlawful disclosure, access or processing.
Lafarge may share confidential or personal information with other Lafarge affiliates or beneficiaries where necessary in connection with these Terms.
5. Accuracy of website content
All reasonable steps are taken to ensure that the information on our website is accurate and up-to-date. We do not however warrant that the content or information displayed is always accurate, complete and/or current.
We are committed to providing secure online payment facilities. Payment for goods can be made via debit card or credit card.
Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying for the goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the goods purchased on the website.
If you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Lafarge will not accept your order if payment has not been received.
7. Delivery of the Goods
You may elect delivery of goods either via courier or self-collection. Lafarge’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Lafarge is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
8. Lafarge may, in its sole discretion, periodically update or change these Terms, without notice. It is your responsibility to regularly check these Terms as your continued use of our website will mean you accept any updated or revised Terms.
9. Governing Law
These Terms are governed by the laws of the Republic of South Africa (‘RSA’). Any dispute arising in relation to these Terms shall be governed and interpreted in accordance with such laws. 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.
10. Intellectual Property
All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this website are owned by or licensed to us. Unauthorised use, reproduction, modification and/or distribution of the content of this website is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.
11. Disclaimers and exclusion of liability
Use of our website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the website will be uninterrupted or error free, or that the website or the server that makes it available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our website or the purchase of any of our products or services. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website and/or your purchase of any products or services.
Notwithstanding any other provisions contained herein, our liability arising from any breach of these Terms as a result of gross negligence on our part or otherwise shall not at any time exceed more than double the monetary value of any order placed via this website.
12. Your comments
We value your comments, ideas, suggestions and feedback via our website. By sending us your comments you are agreeing that we may use them for commercial purposes (including using them to endorse our products or brands) without any compensation to you and you grant us a non-exclusive license to do this. We will not respond to or maintain your comments.
You agree not to post comments which violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any comments that are or contain any defamatory, unlawful, abusive or obscene material. We disclaim any liability towards any third party regarding your comments.
If you have any questions regarding our website, the Terms, products or services, please contact us.