These Online Terms and Conditions of Sale (the “Online Terms”) set out the terms and conditions of sale which is applicable for the sale of goods and services made through GammaMaterials.mu (the “Websites”).
Please note that a subscription to the Websites is required if you wish to use the online ordering services or the online sale services, as provided in the Websites’ Terms and Conditions of Use.
Gamma Materials Ltd (GML)
1.1. Gamma Materials Ltd or GML is a private company incorporated in Mauritius with company number C096263 whose registered address is at Royal Road, Chapman Hill, Beau Bassin, Mauritius. GML may also be referred to as “we”, “us” or “our” in these Online Terms.
1.2. Feel free to contact us in the following ways:
Gamma Materials Ltd
Telephone: 6016000 / 6016800
Address: 1St Floor, Le Hub, Industrial Zone, Phoenix, Mauritius
1.3. These Online Terms apply to any order of goods or services submitted by you and to any supply of goods or services made by us though the Websites. No other terms are implied by trade, custom, practice or course of dealing.
1.4. These Online Terms is the entire agreement between you and GML in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these Online Terms.
1.5. These Online Terms may be amended from time to time by GML without any justification or prior notification. The applicable version of the Online Terms is the one published on the Websites and accepted by you upon the submission of an order.
2. Goods and Services
2.1. The images, pictures, drawings or videos of the goods or services are for illustrative purposes only.
2.2. Although we have made every effort to display the colours accurately, we cannot guarantee that the colours displayed on your computer accurately reflect the colour of the goods. The colour of your goods may vary slightly from those images.
2.3. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Websites have a percentage of tolerance which is specified on the technical data sheet of every goods.
2.4. The packaging of the goods may vary from what is shown on our websites.
2.5. We reserve the right to amend the specification of the goods if required by any applicable statutory or regulatory requirement.
3. Submitting an order
3.1. After you have successfully logged into your personal account, the goods and/or services found on the Websites may be placed in your virtual basket by a simple left click. Your virtual basket will indicate your selected goods and/or services and the desired quantities.
3.2. Our order process allows you to check your virtual basket and amend any errors before submitting your order to us. You are therefore required to carefully verify your order (including the goods and services, the quantities, and the prices) placed in the virtual basket before confirming it. After verification of the content of your virtual basket, you can submit and confirm your order by clicking on the “Confirm Order” button. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
3.3. GML at its own discretion and from time to time, set a minimum or a maximum order quantity with respect to any goods and/or services found on the Websites. Such minimum or maximum order quantities will be clearly indicated when selecting a good and/or service on the Websites.
3.4. Any order made on the Websites for any goods and/or services shall not exceed a single transaction amount of MUR 100,000. For the sake of clarity, you will not be able to proceed to a single payment of more than MUR 100,000 through the Websites.
3.5. A maximum of three (3) orders can be made every twenty-four hours (24h) from your personal account.
3.6. Each order submitted and confirmed is an offer by you to buy the goods and/or services selected by you.
4. Price and Payment
4.1. The prices of the goods and services will be as indicated on our websites at the time you submit your order. We use our best efforts to ensure that the prices of goods and services are correct at the time when the relevant information was entered onto the system.
4.2. Prices for goods and services may vary from time to time, but variations will not affect any order you have already placed.
4.3. The prices of goods and services are in Mauritian rupees and include VAT at the applicable current rate chargeable in Mauritius for the time being.
4.4. The prices of the goods do not include delivery charges. Our delivery charges are as advised to you during the check-out process before you confirm your order via the “Confirm Order” button.
4.5. We sell a large number of goods and services through our website. It is always possible that, despite our best efforts, some of the goods on our website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
- where the goods and/or services’ correct price is less than the price stated on our website, we will charge the lower amount when delivering the goods or services to you; and
- if the goods and/or services’ correct price is higher than the price stated on our websites, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the goods or services at the correct price or cancelling your order. Your order will not be processed until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the goods or services and refund you any sums you have paid.
4.6. All payments on the Websites can only be valid if effected by credit card (i.e., Visa card or Master Card).
4.7. After confirming your order via the “Confirm Order” button, you shall proceed to the payment of the goods and/or services ordered by entering your credit card details (name of the holder of the credit card, credit card number, expiration date, CVV code). Your credit card will be automatically debited with the full amount due as per the order you submitted. GML shall in no circumstances be liable or responsible to pay, reimburse or bear any kind of commission that your bank might charge you for any kind of transaction payment made through the website.
4.8. Once the full payment of the goods and/or services has been received by us, you will receive a receipt of payment together with a copy of your order by email.
4.9. Any use of your credit card details on the website shall be deemed to have been used by you. You are the only one responsible for the safeguard of your credit card details. GML shall in no circumstances be responsible for any loss, misappropriation or unauthorised use of your credit card details.
4.10. Our system is designed in a way that your credit card information is collected only by the State Bank of Mauritius. All payments are processed directly by the online payment gateway of the State Bank of Mauritius. Please note that GML will never take any credit card details over the phone.
5. Delivery, Transfer of Risk and Title
5.1. After we have received full payment of your order, we will contact you to fix a mutual date and time of delivery. If the delivery date cannot be agreed between you and GML, you can ask for the cancellation of your order and for the refund of your payment already made.
5.2. All deliveries are:
- subject to the stock availability;
- subject to lorries being able to access your delivery site;
- limited to the territory of Mauritius only, excluding Rodrigues and outer islands.
5.3. GML will specify whether the goods and services are “In Stock” or “On Order”. If the goods and services are “In Stock”, an approximate delivery time will be indicated when selecting the good and/or service found on the Website. For the goods and services which are “On Order”, GML will provide you with an estimate of the delivery time by email and/or by phone.
5.4. For materials (excluding concrete), if the total amount of sale in one order does not exceed Rs. 70,000 (Seventy Thousand Rupees), the delivery is expected to be done within seven (7) working days.
5.5. Delivery is complete once the goods have been unloaded at the delivery site set out in your order. From there, GML transfers the responsibility of the goods to you.
5.6. You are the legal owner of the goods once we have received payment in full, including of all applicable delivery charges.
5.7. If we fail to deliver the goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available. However, we will not be liable to the extent that any failure to deliver was caused by a Force Majeure, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
5.8. You understand and accept that in the event that there is a discrepancy between the quantity ordered on the Website and the quantity actually delivered and unloaded at the address set out in your order, GML shall not be liable in any way whatsoever if such discrepancy or variation in quantity does not exceed 1%.
6. Return and Refund
6.1. No return or refund is allowed once the goods have been sold and delivered or the services have been provided.
6.2. In the case where a refund is allowed and possible, you shall ask for the refund within fifteen (15) working days as from the date you confirmed your order. You will be refunded by bank cheque within fifteen (15) days upon the presentation, at the head office of GML, of a National Identity Card or passport and a proof of address.
7. GML’s Liability and Force Majeure
7.1. The liability of GML arising out or in connection with any act, omission, neglect, or default of GML, its employees, agents or sub-contractors in connection with these Online Terms shall be strictly limited to the refund of the price of the goods or services ordered.
7.2. GML shall not be liable to you for any indirect, consequential or economic loss of any kind whatsoever which you may suffer or incur by reason of any act, omission, neglect or default in connection with these Online Terms by GML, its employees, agents or sub-contractors.
7.3. GML shall not be liable in any manner for any damage or loss (direct, indirect or consequential), arising from any delay or default in the performance of any of GML’s obligations under these Online Terms where such delay or default arises as a result of any circumstance beyond the control of GML including (but without prejudice to the generality of the foregoing) war, industrial action, riot, malicious damage, fire, storm, cyclone, Act of God, accident, non-availability or shortage of material or labour, failure by any sub‐contractor or supplier to perform, failure of production equipment, or any statute, rule byelaw, order, regulation, requisition made or issues by any Government department, local or other duly constituted authority.
8. Governing Law
8.1. These Online Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or about it or its subject matter or formation shall be governed by and construed under the law of Mauritius.
9.1. You and GML irrevocably agree to submit all disputes arising out or in connection with these Online Terms to the exclusive jurisdiction of the Courts of Mauritius.