Terms of Use

Welcome to the Buildwell Construction PBC trading as Mzimkhulu Building Services (“MBS”) website (“Website”). Please take a moment to read these online shopping terms and conditions including MBS’ policies (collectively the “terms”) to understand how they apply to you the customer (“you”) and your use of MBS’ Website and any MBS products (“Products”) or services (“Services”) that you may order online.

These terms apply to all purchases made online from the Website. Please read these terms carefully and ensure you understand them. Use of and/or registration on any aspect of the Website will constitute your agreement to comply with these terms. Important clauses, which may limit MBS’ responsibility or involve some risk for you, are reflected in italic. Some of these provisions have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement to these terms. You agree to pay special attention to these clauses.

If you have any questions regarding MBS’ Website, the terms, MBS products (“Products”) or services (“Services”), please contact us.

Online Registration

Registration as a purchaser on the Website is free and does not oblige you to purchase anything. You must register with us before placing your first order online. Please register here.

Registration and/or use of MBS’ Website constitutes your acceptance and agreement to be bound by the terms of MBS’ Website. To register you will be required to provide certain personal information which is protected by MBS’ Privacy and Cookies Policy. When registering with us you will be required to provide an email address and a password which will be used as your username and password for the Website. Please keep your password private as MBS accepts no liability for any damages suffered or losses incurred from the use or misuse of your account.

You will be required to enter your username and password each time you visit MBS Website. To amend any registration particulars please click on “My Profile” where you can edit your details. When registering as a purchaser you are required to provide MBS with complete and accurate information about yourself. By doing so you warrant that the information provided is correct. Upon acceptance of your registration, an email confirmation of your registration as a purchaser will be transmitted to you. Transmission times depend on your Internet Service Provider (ISP), but it typically takes less than 10 (ten) minutes to receive the email confirmation. If you do not receive the email confirmation, you should contact us.

Products

Product Images and Representation

We have made every effort to display the Products on the Website as accurately as possible, including:

• the images that represent a visual depiction of the Product
• features and descriptions that pertain to the Product;

The actual Product delivered may be subject to variations in appearance as Product appearance and packaging may differ over time. It remains the responsibility of the customer to ensure that the Product he/she ordered is correct and the Product description and/or model number will always overrule any related images when resolving a dispute about a Product

As the actual colours you see will depend on your computer’s monitor, MBS cannot guarantee that your monitor’s display of any colour will be accurate.

Product Pricing, Availability and Delivery

The products displayed on the Website are subject to availability and will be delivered within the Republic of Zimbabwe only, within the areas as determined by MBS. Available delivery areas are identified at the checkout process when the delivery address is entered, and it remains the responsibility of the customer to ensure the delivery address, including the suburb and any postal information, is correct.

All prices displayed on the Website are valid and effective only in the Republic of Zimbabwe for the day that they are viewed. 

MBS reserves the right, without prior notice, to discontinue or change pricing or specifications of products and services offered on this Website without incurring any liability whatsoever.
MBS cannot guarantee availability of stock but will endeavour to source stock where possible to fulfil your order. 

Where items cannot be delivered, MBS will endeavour to contact the customer based on the information provided at registration, and offer either the option to cancel the order or reduce the quantities, where applicable. If MBS is unable to supply each and every item ordered or the quantities ordered and cannot contact the customer, the customer nevertheless agrees to accept delivery and make payment for the items correctly delivered.

For online purchases, customers will be charged the prices that are reflected on the Website, subject to availability and save where “Inadvertent and Obvious Errors” have occurred. The prices may include Value-Added Tax. Special promotions may be subject to certain conditions, including stock availability and limited-offer stipulations.

Inadvertent and Obvious Errors

Whilst all precautions are taken by the Company to provide the correct information on the website, in the event that we identify an inadvertent and obvious error in the price, product or service description, images and any other relevant content, MBS is not obliged to provide you with the affected product or service.

MBS will make every effort to contact you to alert you of the error. In such circumstances you are entitled to cancel the purchase and we will provide a full refund for the amount paid.

Product Reviews

By submitting Product reviews to MBS, you represent and warrant that:

You understand you are participating in a public forum and that your submitted content and other personal information will be available to all other users of the Sites, the Community and potentially Third-Party Sites.

When you submit a review, you agree to the following:

• All review(s) submitted are accurate
• Your review is original and was created by you
• You are at least eighteen (18) years of age
• You are currently a bona fide user of the MBS Product(s) mentioned in your review.
• You are not an employee of MBS nor do you work for an affiliate or agency of MBS hired by MBS to promote and/or sell MBS Products;
• The statements you make in your review reflect your true and honest opinion of and current experience with the MBS item(s) which you are reviewing.
• If your review refers to a potential fault that could be specific to the item you received, not the Product in general, MBS Customer Service Team will be in touch to resolve it with you directly. In this instance, your review will not be published.
• MBS does not publish reviews for Products that haven’t been bought from us directly (i.e. from another retailer/ in another country).
• If you have a problem with a review you have submitted, please get in touch with MBS by calling 0292 200 526 or 0778 201 046 

Please refer to MBS Review Guidelines before submitting your Product review on the Website.

MBS shall have the right, but not the obligation, to pursue any one or more of the following actions with regard to your review(s):

• We reserve the right to monitor / review your review;
• We reserve the right to edit your review – MBS will correct any spelling and grammar issues if necessary, but won’t change the original meaning;
• By submitting a review to www.mzimkhulu.com, you grant the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout MBS marketing channels in any media;
• We retain full discretion to remove or refuse to post any review or rating that deems, in its sole discretion, to violate the Review Guidelines.

Orders

Confirmation of Orders

Orders placed online constitute your offer to purchase subject to these terms. On receipt of your order we will send you an email describing the products and services you have ordered. These communications confirm we have received your order, but do not represent any acceptance of your offer to purchase products or services from us. We are not legally obliged to provide the products and services to you during the offer process.

Cancellation

If for any reason you would like to cancel an order, this may be done by contacting MBS Customer Services on 0292 200 526 or 0778 201 046.

You will only be able to cancel orders up to midnight on the day prior to the date of delivery. MBS reserves the right not to refund the delivery in respect of any late cancellations. 

If you cancel your payment for any reason, or if your payment method should cease to be valid for whatever reason, you will nevertheless be bound to pay the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, MBS reserves the right to cancel forthwith any sale and/or your registration in the event of your breach any of the terms.

You may return a Product, at your cost, to MBS provided you have the original invoice / proof of purchase and have complied with the required terms and conditions of MBS Returns and Refunds Policy.

Order Tracking

We will send you emails and/or SMS’ to advise you on the progress of your order. You can call MBS on 0292 200 526 or 0778 201 046.

Delivery and Collection

Delivery

A delivery fee will and/or may be charged for each delivery order placed by you. MBS delivers from Monday to Friday, 0800hrs till 1700hrs and Saturday 0800hrs till 1300hrs. MBS does not deliver on a Sunday and/or any Zimbabwean public holiday. Items are delivered in one (1) to three (3) working days.

Orders placed before 1400hrs from Monday to Friday will be delivered the same day. Orders placed after 1400hrs from Monday to Friday will be delivered the following working day. All orders placed on a Saturday shall be delivered from Monday of the following week between the delivery times mentioned above. The mentioned delivery times apply only in circumstances where there are no unexpected delays. Should it be unavoidable for us to exceed these delivery times, you will be notified either telephonically or electronically.

MBS delivers to registered customers within certain specified delivery areas. Deliveries to outlying areas shall attract an additional surcharge that will be calculated on checkout. An outlying area refers to a suburb or town that falls out of any regional town/city or main centre. Outlying areas also include farms, mines and townships.

On delivery of the order to the specified delivery address, you will receive an MBS delivery note showing the items delivered. For verification purposes, the person accepting delivery at the delivery address will be required to produce a form of identification. 

Any person other than yourself who receives the Products at the delivery address is presumed to be authorised to accept delivery on your behalf. 

Should no-one be in attendance at the delivery address specified by you at the time of delivery, the driver will return the Products and leave a notice at the delivery address to that effect. The courier company will attempt to contact you to make new arrangements for delivery. MBS reserves the right to charge an additional delivery fee should it be required under these circumstances. 

Our sole liability for failing to deliver the Products timeously is limited to delivery being effected at a later agreed time at no additional charge.

Please arrange that you or your authorised representative, who is a responsible person, is available to accept your purchases at the delivery address and that appropriate access will be made available. On delivery, MBS will require you or your authorised representative to sign and print your or their name on a duplicate copy of the delivery note, to confirm receipt. MBS have outsourced all deliveries and accordingly, cannot, to the extent permitted by law, be liable for any damage suffered or loss incurred by reason of any acts or omissions of the courier.

Delivery Confirmation

MBS will indicate its acceptance of your order by delivering the products to you or allowing you to collect them, and only at that point will a contract between you and MBS be completed. This is regardless of any communication from MBS stating that your order or payment has been confirmed. MBS will indicate its rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

Any products or services on the same order which have not been dispatched/delivered to you will not form part of the contract between you and MBS. Delivery dates are estimates only, and as we process your order, we will inform you if any products or services on your order turn out to be unavailable or delayed for any reason.

Collection

You may place an order online and then collect it from our MBS offices, at your own cost, if you choose to. However, you can collect the order in one (1) to five (5) working days. To collect from MBS, place your order online as normal and contact us to let us know you want to collect your order.

Products may only be collected from MBS offices upon presentation of a valid proof of identity and the collection notice, which can be printed once your payment is complete. Please ensure that the person you have named to pick-up the order presents one of the following forms of identification:

• Zimbabwean National Registration Card; or
• Passport

• Payment

• Methods of Payment

Prior to delivery or confirmation from us for collection of the Products by you, MBS shall be entitled to debit the debit and/or credit card supplied by you on acceptance of your order should you be paying with a credit card. 

Should the customer pay for the Products via EFT (Electronic Fund Transfer), the order will only be processed once MBS have received successful confirmation of payment. 

• 3D Secure

When using your debit or credit card for online shopping on the Website, MBS will attempt to use 3D Secure as an additional security measure if your issuing bank supports it. 3D Secure will authenticate your personal details and will authorise payment for online shopping. If your issuing bank supports 3D Secure but you have not activated it, you will be redirected during the payment process to set it up.

• Refunds

MBS will refund a purchase for the exact amount paid less the following:

• any delivery costs already incurred by MBS;
• any restocking fee for special-orders

Refunds will only be processed onto the payment method that was used when the order was created, and into the account it was paid from e.g. credit card or EFT.

A refund can take up to 7 – 14 business days to reflect in your account, and EFT refunds are subject to verification of your banking details.

To verify your banking details, you will be required to supply the following information:

• Proof of Payment;
• ID number (not a copy of the ID) OR Company Registration number;
• Proof of banking details.

Alternatively, you can receive your refund as a Coupon. The Coupon is not a cash refund, but a coupon sent to your account that can be used at our MBS online store. In order to receive your refund as a coupon, you need to confirm this request

For more information, please refer to MBS Returns and Refunds Policy..

• Risk and Ownership

Risk in the Products shall pass to you by acceptance of the Products by your authorised representative on delivery. MBS will retain ownership in the Products until payment has been received in full.

• Intellectual Property

All intellectual property rights, including copyright, in all materials, including trademarks, logos, photographs, images, text and other graphics which form part of the Website are owned by MBS alternatively MBS is the lawful licensee thereof. Such rights are protected by both Zimbabwean and international intellectual property laws. All data and information communicated to or from the Website and/or any Website information as well as the database is the sole property of MBS.

• Collection of Cookies

By using this site, you agree to MBS Privacy and Cookies Policy. A cookie is a piece of information that is deposited on your computer’s hard drive by your web browser when you use MBS computer server. The cookies enable us to recognise you and give us information about your previous visits. Most browsers accept cookies automatically, but usually you can alter your settings to prevent automatic acceptance. If you choose not to accept cookies, this may disable some of the features of MBS Website. The information that MBS collect and may share with MBS advertisers is anonymous and not personally identifiable. It does not contain your name, address, telephone number or email address.