GigaBuild — Terms of Service

Last updated 23 October 2026

Overview

Welcome to GigaBuild. The terms "we", "us" and "our" refer to GigaBuild. GigaBuild operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the "Services"). GigaBuild is powered by Shopify Inc., Shopify Commerce Singapore Pte. Ltd or Shopify International Limited, depending on where GigaBuild is located, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced in them (these "Terms of Service"), describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our privacy policy. If you do not agree, you should not use or access our Services.

These Terms of Service do not limit or waive any rights you have under South African law, including the Consumer Protection Act 68 of 2008 ("CPA") and the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"). Where any term conflicts with a right you have under those or any other applicable law that cannot be waived by contract, that right applies and the conflicting term has no effect to the extent of the conflict.

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1. Access and account

By agreeing to these Terms of Service, you represent that you are at least 18 years old, or the age of majority in your place of residence, and that you consent to any minor dependent using the Services on devices you own, purchase or manage. To use the Services, including browsing our online store or purchasing products, you may be asked to provide information such as your email address and your billing, payment and shipping details. You represent that all information you provide is correct, current and complete, and that you have the right to provide it. You are responsible for keeping your account credentials secure and for activity on your account. You may not transfer, sell, assign or license your account to anyone else.

2. Our products

We make every effort to represent our products accurately in our online store. However, colours and product appearance may differ from how they appear on your screen, depending on your device and its settings. Descriptions of products are subject to change at any time at our discretion. We may discontinue any product and may limit the quantities of any product we offer to any person, region or jurisdiction, on a case-by-case basis. Nothing in this section limits the implied warranty of quality that applies to goods under section 55 and section 56 of the CPA (see our Returns, Cancellations & Warranty Policy).

3. Orders

When you place an order, you make an offer to purchase and you authorise us and our payment processors to charge your chosen payment method for the total amount of your order. We may accept or decline an order for any lawful reason. Your order is not accepted until we confirm acceptance, and we must receive and process payment before an order is accepted. Please review your order carefully before submitting it. Your rights to cancel an order or to return products are set out in our Returns, Cancellations & Warranty Policy and in applicable law, including your cooling-off right under section 44 of ECTA. If we do not accept, change or cancel an order, we may contact you using the email, billing address or phone number you provided.

4. Prices and billing

Prices, discounts and promotions may change without notice. The price charged will be the price in effect when the order is placed, as set out in your order confirmation. Unless stated otherwise, posted prices include VAT where applicable but do not include shipping or handling, which are shown separately at checkout. Promotions may be governed by separate terms, which prevail over these Terms of Service in the event of a conflict. You agree to provide current, complete and accurate payment and account information and to keep it up to date. You represent that you are authorised to use the payment method you provide, that the information is true and complete, and that you will pay the posted price including shipping, handling and applicable taxes.

5. Shipping and delivery

All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs, or events beyond our reasonable control, including natural disasters, severe weather, labour disputes, supply shortages, utility or telecommunications outages, cyber incidents, or governmental action.

In accordance with section 19(2)(c) of the CPA, goods remain at our risk until you have accepted delivery of them. This means that if goods are lost or damaged in transit before you accept delivery, the loss is ours, not yours. Where goods arrive at a place, on a date, or at a time other than agreed, or do not match your order, you may exercise your rights under section 19 of the CPA, including inspecting the goods on delivery and refusing a delivery that does not conform. See our Shipping Policy and our Returns, Cancellations & Warranty Policy for more detail.

6. Intellectual property

Our Services, including all trademarks, brands, text, images, graphics, product reviews, video and audio, are owned by GigaBuild, its affiliates or licensors and are protected by South African and foreign trademark, copyright and other intellectual property laws. Product listings are managed and owned by GigaBuild. Buying or receiving a product does not grant you any intellectual property rights in the product's design, software or underlying technology, which remain with GigaBuild or the original rights holder. These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit material from the Services without our prior written consent, except as applicable law permits. GigaBuild's names, logos, product and service names, designs and slogans are trademarks of GigaBuild or its licensors and may not be used without our prior written permission. Shopify's marks are trademarks of Shopify. All other marks belong to their respective owners.

7. Optional tools

You may be given access to third-party tools through the Services that we do not monitor or control. These are provided "as is" and "as available" without warranties or endorsement of any kind, and we have no liability arising from your use of them. Use of optional third-party tools is at your own risk, and you should review the relevant third party's terms. New features we add in future form part of the Services and are subject to these Terms of Service.

8. Third-party links

The Services may contain links to, or functionality from, websites operated by third parties. We are not responsible for the content or accuracy of third-party materials or sites. If you leave the Services to access them, you do so at your own risk, and we are not liable for any harm related to third-party sites or the products or services on them. Please review the relevant third party's policies before transacting. Complaints about third-party products or services should be directed to that third party.

9. Relationship with Shopify

GigaBuild is powered by Shopify, which enables us to provide the Services. When you use the Services, your device communicates with Shopify's systems. Section 10 explains how Shopify uses that information. Any sale or purchase you make in our store is made directly with GigaBuild. You acknowledge that Shopify is not responsible for any aspect of a sale between you and GigaBuild. This does not limit any rights you have against GigaBuild, or against a producer, importer or distributor, under the CPA or other applicable law.

10. Privacy policy

Our privacy policy explains how we collect, use and disclose personal information from your use of the Services, and how we comply with the Protection of Personal Information Act 4 of 2013 ("POPIA"). Because the Services are hosted by Shopify, as you browse and interact with the Services, Shopify collects, uses, processes and stores personal information about your access to and use of the Services, including transaction information, for purposes including providing, securing and improving the Services, processing transactions, and preventing fraud. This information may be transmitted to and shared with Shopify and third parties that may be located in countries other than where you reside. Review our privacy policy and Shopify's privacy policy for more detail.

11. Feedback

If you submit ideas, suggestions, feedback, reviews, proposals or other content ("Feedback"), you grant us a worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display it in any medium for any purpose, including commercial use, to operate, improve and promote the Services. You represent that you own or have the rights to all Feedback you provide, that you have disclosed any compensation received in connection with it, and that it complies with these Terms. We are under no obligation to keep Feedback confidential, to pay for it, or to respond to it. We may (but need not) monitor, edit or remove Feedback we consider unlawful or objectionable. Your Feedback must not infringe anyone's rights, be unlawful, abusive or obscene, contain malware, or misrepresent its origin. You are responsible for your Feedback and its accuracy.

12. Errors, inaccuracies and omissions

Occasionally information in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We may correct errors and update information, and may change or cancel orders affected by inaccurate information, including after an order is submitted. If we cancel an order after payment has been collected, we will refund you as required by applicable law.

13. Prohibited uses

13.1 You may use the Services for lawful purposes only. You may not use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable law or regulation; (c) to infringe our or others' intellectual property rights; (d) to harass, abuse, defame, intimidate or harm our staff or any other person; (e) to transmit false or misleading information; (f) to use or re-use material that does not comply with these Terms; (g) to send spam, chain letters or similar solicitations; (h) to impersonate any person or entity; or (i) to engage in conduct that restricts anyone's use of the Services or that may harm GigaBuild, Shopify or users of the Services, or expose them to liability.

13.2 You also agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track others' personal information; (d) spam, phish, pharm or pretext the Services; (e) use any robot, spider, scraper, data-extraction tool, AI tool (such as agentic AI) or automated means to access the Services; or (f) interfere with or circumvent the security or access-control features of the Services. We may suspend, disable or terminate your account if we reasonably determine that you have breached these Terms.

14. Agents

14.1 This section ("Agent Terms") applies if you use, enable or cause the deployment of an Agent to access or interact with the Services. "Agent" means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person, and that can run on behalf of or using a person's device without direct supervision.

14.2 No Agent may access or interact with the Services unless it identifies itself and operates in accordance with section 14.4 at all times. No Agent may access the Services if we have asked it to refrain from doing so.

14.3 We may limit, including by technical means, whether and how any Agent accesses or interacts with the Services.

14.4 Agents must: (a) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose its name in the user-agent string as "Agent/[agent name]"; (b) not conceal that access or interaction is from an Agent, including by mimicking human behaviour or by completing or circumventing CAPTCHAs; (c) answer truthfully any prompt seeking to determine whether interactions come from a human or a computer; and (d) not circumvent any measure intended to control how Agents access or interact with the Services.

15. Termination

We may terminate this agreement or your access to the Services at our discretion at any time, and you remain liable for all amounts due up to the date of termination. The following sections survive termination: Intellectual property, Feedback, Termination, Disclaimer of warranties, Limitation of liability, Indemnification, Severability, Waiver and entire agreement, Assignment, Governing law, Privacy policy, and any other provision that by its nature should survive.

16. Disclaimer of warranties

The information presented on or through the Services is provided for general information purposes only. We do not warrant its accuracy, completeness or usefulness, and any reliance you place on it is at your own risk.

The website and online Services are provided "as is" and "as available", without warranties or conditions of any kind as to the website itself, and we do not guarantee that your use of the website will be uninterrupted, timely, secure or error-free.

This disclaimer does not apply to the goods we sell. Goods supplied through the Services carry the implied warranty of quality under section 55 and section 56 of the CPA — that they are of good quality, in good working order, free of defects, and reasonably suitable for the purposes for which they are generally intended — and that warranty cannot be waived, excluded or limited. Nothing in these Terms disclaims, for goods, the implied warranties of merchantability, quality or fitness for purpose that the CPA guarantees.

17. Limitation of liability

To the fullest extent permitted by law, GigaBuild and its partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors (and those of Shopify) will not be liable for any indirect, incidental, special, punitive or consequential damages, including lost profits, lost revenue, lost savings, loss of data or replacement costs, arising from your use of the Services or any products procured through them, whether in contract, delict (including negligence), strict liability or otherwise, even if advised of the possibility.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law. In particular, nothing in these Terms excludes or limits our liability, or that of a producer, importer, distributor or retailer, for death or personal injury, or for harm caused wholly or partly by supplying unsafe or defective goods, under section 61 of the CPA, or any other liability that the CPA or other applicable law does not permit to be excluded.

18. Indemnification

You agree to indemnify and hold harmless GigaBuild, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims, including reasonable legal costs, brought by a third party and arising out of (1) your breach of these Terms, (2) your violation of any law or the rights of a third party, or (3) your unlawful or wrongful use of the Services. This indemnity does not apply to the extent a loss results from our own breach, negligence or wrongful conduct, and it does not apply to the extent it would be unfair, unreasonable or prohibited under the CPA or other applicable law. We will notify you of any claim we seek to be indemnified for, and you may participate in its defence. We will not settle a claim that imposes a non-monetary obligation on you without your consent, which you will not unreasonably withhold.

19. Severability

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision is severed to the minimum extent necessary, and the remaining provisions stay in force. Nothing in these Terms limits any rights you have under consumer protection or other laws that cannot be waived by contract; where any part of these Terms conflicts with those rights, those rights apply.

20. Waiver; entire agreement

Our failure to enforce any right or provision of these Terms is not a waiver of it. These Terms and any policies we post constitute the entire agreement between you and us regarding the Services, superseding any prior agreements. In accordance with section 4(4) of the CPA, where these Terms are a standard-form document and any provision or wording is ambiguous, the ambiguity will be interpreted to the benefit of the consumer.

21. Assignment

You may not delegate, transfer or assign this agreement or your rights under it without our prior written consent, and any attempt to do so is void. We may transfer or assign these Terms and our rights and obligations, provided this does not reduce the rights you have under applicable law.

22. Governing law

These Terms are governed by the laws of the Republic of South Africa. You and GigaBuild submit to the jurisdiction of the South African courts. Nothing in this section limits any right you have to bring a claim in a court, tribunal or ombud scheme that has jurisdiction under South African consumer law, including the National Consumer Tribunal, the Consumer Goods and Services Ombud, or a small claims or magistrate's court, or to rely on mandatory laws that apply where you reside.

23. Translations

These Terms may be available in languages other than English. If there is any conflict, the most current English version prevails. Disputes will be resolved in English unless we determine otherwise or applicable law requires otherwise.

24. Headings

Headings are for convenience only and do not affect the interpretation of these Terms.

25. Electronic communications

By using the Services or placing an order, you agree that we may send you transactional and service-related communications electronically, including by email, in-account notice, or posting on the Services. These may relate to your orders, account, purchases, returns, these Terms, or other Services-related matters. You are responsible for keeping your contact information current.

26. Changes to Terms of Service

You can review the most current version of these Terms at any time on this page. We may update or replace any part of these Terms by posting changes to our website; it is your responsibility to check periodically. We will notify you of material changes as required by applicable law, effective on the date specified in the notice. Continued use of the Services after changes are posted constitutes acceptance of those changes.

27. Contact information

Questions about these Terms should be sent to info@gigabuild.co.za. Our full contact details are in our contact information policy.