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In General
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.
This Website also contains links to other websites, which are not
operated by BuildersMart (the “Linked Sites”). Bangor Bang! has no control over
the Linked Sites and accepts no responsibility for them or for any loss or
damage that may arise from your use of them. Your use of the Linked Sites will
be subject to the terms of use and service contained within each such site.
Privacy Policy
Our privacy policy, which sets out how we will use your
information, can be found at Privacy Policy.
By using this Website, you consent to the processing described therein and you
warrant that all data provided by you is accurate and up to date. You are
responsible for maintaining and promptly updating account information for
accuracy and completeness.
What we collect
We may collect the following information:
· Name
· 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.
Security
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.
How we use cookies
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.
Prohibitions
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.
· Payment
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.
· Each Promo Code will be subject to specific terms & conditions
specificed at the time the promo code is issued (including the length of time
to use the code) in addition to those mentioned in these Terms of Use.
· 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.
· Infringement
· 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.
· Indemnity
· 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.
· Variation
· 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.
· Invalidity
· 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.
· Complaints
· 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.
· Waiver
· 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.