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Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
What we collect
We may collect the following information:
· Contact information including email address
· Demographic information such as postcode, preferences and interests
· Other information relevant to customer surveys and/or offers
For the exhaustive list of cookies we collect see the List of cookies we collect section.
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
· Internal record keeping.
· We may use the information to improve our products and services.
· We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we use the industry standard encryption protocol known as Secure Socket Layer (SSL) to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
· Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
· If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at support@BuildersMart.com
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to .
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence. BuildersMart will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
The use of automated systems or software to extract data from this Website for commercial purposes, (‘screen scraping’) is prohibited without license.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Charges notice for further information.
In order to contract with BUILDERSMART you must be over 18 years of age. BUILDERSMART retains the right to refuse any request made by you, and BUILDERSMART reserves the right to close your BUILDERSMART account at its sole discretion. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be BUILDERSMART or may in some cases be a third party. Where a contract is made with a third party BUILDERSMART is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. In case of cash on delivery you may be subjected for an over the phone confirmation of the order and the information provided. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes. Please be aware that some of the goods sold through our Websites may not be suitable for children under 18 years of age, so please take extra care when purchasing goods as gifts, for under 18’s.
· Our Contract
1. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved us and we have debited your credit or debit card.
2. In the event of cash on delivery, upon confirming the order. You come into a binding contract with BUILDERSMART for the sale of goods. In the event of order being refused or wrongful informational provided. Hmeporio has the sole right to take legal action.
· Pricing and Availability
1. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly where applicable and included in the ‘Total Cost’.
ii.The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
1. Credit & Debit card= Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
2. Cash on delivery= our payments are collected by our courier agent, you are requested to sign the delivery note and collect the receipt with paid seal.
Gift Cards & Promo Codes
BUILDERSMART Gift Cards
· The gift card is valid for 12 months from the day it is activated at the shop till, and once expired, any remaining balance will be cancelled and your gift card will be void.
· Gift cards can only be redeemed on BuildersMart.com.
· Gift cards cannot be topped up.
· BUILDERSMART cannot be responsible or replace lost, damaged or stolen gift cards.
· Gift cards can only be redeemed in the currency shown on the card.
· Once a gift card has been locked to an individual’s BUILDERSMART account, the value of the gift card is non-transferable
· After a gift card has been locked to an individual’s account, we reserve the right to refuse to discuss the gift card further with the individual who initially purchased it.
· You may use more than one gift card on a single order.
· Gift cards can be used in conjunction with other promotional and discount codes.
· Gift cards cannot be used to purchase gift vouchers.
· If the value of your purchase is less than the value of the gift cards, your spend will be deducted and the remaining balance can be redeemed when you next make a purchase. If your order exceeds the value of the gift card, you can pay the remaining balance using another payment method.
· When you return or cancel an BUILDERSMART order and a gift card was used as full payment, your refund will be issued to you in gift vouchers (i.e. we will not refund money to you in these circumstances). There will be no monetary exchange for returned or cancelled orders made with gift cards.
· When you part return or cancel an BUILDERSMART order and a gift card was used as part payment, the equivalent refund by way of money spent and gift vouchers will be issued to you in that order.
· We reserve the right to amend these terms and conditions at any time.
1. Promo Codes
· From time to time, we may offer promo codes which may apply to any, or certain specified purchases made through the BUILDERSMART Website.
· There are two ways of receiving a promo code:
· We may send one to you via email for reasons such as, without limitation, your birthday, your BUILDERSMART anniversary and student validation.
· From time to time, we may offer promo codes on the BUILDERSMART Website that you can apply at checkout in order to receive a specific discount from us.
· Only one promo code can be used against an order at any one time.
· A promo code can’t be applied to an order after that order has been placed.
· Certain brand or product category exclusions may apply so we’ll let you know if you can’t use your promo code on anything before you complete your purchase.
· If the promo code has expired, you won’t be able use it.
· We’re afraid we can’t accept any responsibility once we have given you a promo code and we are not obliged to provide you with a replacement if it gets lost and/or gets used by someone else as this will result in the promo code being cancelled.
· If a promo code is offered on the BUILDERSMART Website and can’t run properly because of fraud, tampering, technical errors or anything else that is beyond our control which affects the running, administration, security or fairness of the promo code, we reserve the right to cancel, modify or suspend the promo code.
· Promo codes are non-transferable and cannot be exchanged for cash. If you receive a promo code, it can only be used by you on your own BUILDERSMART account for the purpose for which it was issued. You must keep it confidential and only use it for making your own orders on BUILDERSMART. Don’t pass your code directly on to others or make it available to others (for example, posting it on social media or on a forum). If we believe that at the point of purchase or retrospectively you are abusing the use of promo codes in any way (for example, selling them to others), we reserve the right to cancel your promo code or suspend/close your BUILDERSMART account without letting you know beforehand.
· We reserve the right to amend these terms and conditions at any time.
· Disclaimer of Liability
· The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law BUILDERSMART and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect BUILDERSMART ‘s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
· Linking to this Website
· You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
· You must not establish a link from any website that is not owned by you.
· This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
· Disclaimer as to ownership of trade marks, images of personalities and third party copyright
· Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with BUILDERSMART and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to BUILDERSMART.
· BuildersMart respects third party Intellectual Property rights and actively supports protection of all third party Intellectual Property including Copyrights and Trademarks (“IP”). It is our policy to expeditiously respond to clear notices of alleged IP infringement.If we receive proper notification of IP infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity.
· You agree to indemnify, defend and hold harmless BUILDERSMART, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
· BUILDERSMART shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
· If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
· We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please know if you have any complaints or comments.
· If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
· Governing Law and Jurisdiction
· These terms and conditions are to be construed in accordance with the laws of Democratic Socialist Republic ofSri Lanka and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the SRI LANKAN courts.
· Entire Agreement
· The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and BuildersMart. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of BuildersMart.