Terms and Conditions
About these terms
These terms and conditions (hereafter "Terms") apply to the online ordering platform of Stellenview Premium Wines (Pty) Ltd (hereafter "Stellenview Premium Wines", "we", "us" or "our") which is available at [www.stellenviewwines.com] (hereafter "Online Shop").
We reserve the right to revise these Terms from time to time without notice to you, which revised Terms shall take effect on the date of its publication on our website. It is your responsibility to stay informed of all such changes, and your continued use of the Online Shop will constitute your deemed acceptance to be bound by such changes.
Consumer protection legislation
The Consumer Protection Act, No. 68 of 2008, as amended, and other applicable consumer protection legislation may apply to these Terms. Your special attention is drawn to the paragraphs in these Terms marked in bold, as such clauses may be onerous in nature.
User account and security
In order for you to access the Online Shop, we may require certain information from you. You are responsible to ensure that the information provided by you are true and accurate in all regards. We will presume that the information provided by you is true and accurate and will accordingly place reliance thereon.
About us
Stellenview Premium Wines is a business in the liquor industry that trades in retail and wholesale liquor and related products. The company has been duly incorporated in terms of the laws of the Republic of South Africa under registration number 2003/019970/07 and with:
Physical Address: D10 Octoplace, Elektron Road, Technopark, Stellenbosch, South Africa
Email address: sales@stellenviewwines.com
Telephone number: +27 (0)87 152 0997
No sales to under 18's
Stellenview Premium Wines is not allowed by law and will not sell any alcoholic product to any natural person under the age of 18 years.
By transacting on the Online Shop, you warrant that you are a juristic person or a natural person over the age of 18 (eighteen) years. We reserve the right to request documentary proof of your date of birth.
Stock availability and orders
We cannot guarantee availability of stock, despite a particular product being advertised in the Online Shop as being available. All prices quoted in the Online Shop are subject to change without prior notice.
In addition to any other ordering mechanism that we may make available from time to time, you may place orders for products by accessing and using the Online Shop service (hereafter "Online Order"). When placing an Online Order, you are making an offer to us to purchase our products at the quoted price.
We will notify you in writing without undue delay if we accept your Online Order (hereafter "Order Confirmation"). Only if our written acceptance of your Online Order is conveyed to you as aforesaid or we proceed to fulfil the order, will a valid agreement be constituted between the parties. The Order Confirmation will contain a full record of the accepted Online Order. You may also contact us to obtain a full record of your accepted Online Order.
Delivery policy
The following conditions apply to delivery of goods by Stellenview Premium Wines:
• All products ordered from the Online Shop shall be delivered by Stellenview Premium Wines or its agent. Such products may not be collected from our office or winery.
• Delivery charges are included in prices indicated on the Online Shop, unless otherwise indicated.
• We endeavour to deliver products in South Africa within 5 to 7 Business Days after receipt of full payment.
• Please ensure that there is a responsible person at your premises or venue available to sign on delivery and collection of the goods. Upon receipt of the goods, you agree to examine the goods to ascertain whether same conforms to your Online Order and to acquaint yourself with the recommended "best before" date. Should you be requested to do so, you shall sign a delivery note confirming that the goods conform to your Online Order.
• In the event that we do not have stock of your selected product, a member of our staff will contact you as soon as possible to discuss delivery of said product at a later date, alternatively to arrange for provision of an alternative product. If agreement cannot be reached on a later delivery date or alternative product, any amount already paid by you shall be reimbursed in full within 30 days, which shall be our sole liability in such regard.
Export of goods
If the export of any product is required, additional handling, shipping and packaging charges will be quoted separately. All quotes are subject to exchange rate variances from time to time.
All products exported shall be delivered DDP ("delivery duty paid"). We shall accordingly deliver the selected product at the destination nominated by you in your Online Order.
Return and refunds policy
Cancellation of orders
You are entitled to cancel your order at no cancellation fee, unless goods have already been loaded for transport at the time when we are notified of the cancellation in writing. In the event that your order is cancelled after transportation of the goods as aforesaid, then we shall be entitled to charge a reasonable cancellation fee, which fee shall take into account our reasonable transportation costs.
Return of goods
We do not accept the return of any goods for refund, unless we are obliged by law to do so. Should we be obliged by law to accept return of goods for refund as aforesaid, we shall be entitled to subtract from any refund the necessary restoration costs incurred by us to render goods fit for restocking.
Payment
Prepayment is a requirement for delivery of any goods ordered via the Online Shop.
Payment shall be made in South African Rand via PayFast only, by way of credit card (Visa, MasterCard) or by EFT bank transfer into the bank account nominated in writing by Stellenview Premium Wines from time to time. All payments shall be made without deduction, set-off or the cost of transfer of funds. Payment shall be deemed to have been made when the nominated bank account of Stellenview Premium Wines as aforesaid is credited with the funds required to be paid.
Card acquiring and security
Card transactions will be facilitated for Stellenview Premium Wines via PayFast (Pty) Ltd (hereafter "PayFast"), who is the approved payment gateway for all major South African commercial banks. PayFast uses the strictest form of encryption, namely Secure Socket Layer 3 (i.e. SSL3) and no bank card details are stored on our website. You may visit www.payfast.co.za to view PayFast's security certificate and security policy.
Your personal details will be stored by Stellenview Premium Wines separately from your bank card details. Your bank card details are entered and captured on PayFast’s secure site.
Online promotions
Online promotions are offered on the Online Shop from time to time. Such promotions are subject to the following conditions:
• The promotion shall only apply for the time period expressly indicated on the Online Shop.
• Offers are available while stocks last and are provided on a first-come-first-serve basis.
• Stellenview Premium Wines reserves the right to limit quantities for sale to any person.
Competitions
Competitions are hosted on the Online Shop from time to time. The following conditions apply to any competition as aforesaid:
• All competitions shall be open to South African residents only.
• Any winner must be 18 years of age or older at the time of winning the prize.
• A certified copy of the winner’s identity document is required to be provided to Stellenview Premium Wines before delivery of the prize.
• If the winner cannot be reached within 48 hours, a new winner will be selected.
Black Friday promotions
Annual "Black Friday" promotions will be subject to the following conditions:
• Offers are available while stocks last and are provided on a first-come-first-serve basis.
• Stellenview Premium Wines reserves the right to limit quantities for sale of any item, or to limit the quantity of any item sold to a particular customer.
Privacy policy
As a result of your use of the Online Shop, Stellenview Premium Wines is required to process certain personal information (as defined in the Protection of Personal Information Act, No. 4 of 2013, as amended) on your behalf. Stellenview Premium Wines shall process such personal information in a lawful manner.
Limitation of liability
To the maximum extent permitted by law, Stellenview Premium Wines shall not be liable for any claim, cost, damage, loss, penalty, injury or other adverse consequence (hereafter "Adverse Consequence") arising from these Terms. Without limiting the aforegoing, Stellenview Premium Wines will specifically not be liable for any consequential, special, punitive or similar damages, howsoever arising.
Without limiting the aforementioned, Stellenview Premium Wines shall specifically not be liable for any Adverse Consequence arising from inaccurate or fraudulent information submitted by you on the Online Shop.
Stellenview Premium Wines shall not be bound by or liable on the basis of any information regarding our products displayed on any third-party website.
Notices and address for service
Stellenview Premium Wines chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notices, or other documents or communication of whatsoever nature, the addresses set out herein above, as may be amended herein from time to time.
Interpretation
• Any reference to an enactment is to that enactment as at the date that these Terms are published, and as amended or re-enacted from time to time.
• When any number of days is prescribed herein, it shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a day which is not a Business Day, in which case the last day shall be the following Business Day.
• Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
• In these Terms, "Business Day" shall mean any day which is not a Saturday, Sunday or official public holiday in the Republic of South Africa.
General
• Applicable law. These Terms shall be governed by the laws of South Africa. Unless and to the extent expressly agreed otherwise, the High Court of South Africa, Western Cape Division, shall have jurisdiction to hear any dispute that may arise between you and Stellenview Premium Wines.
• Whole agreement. These Terms constitute the whole agreement between you and Stellenview Premium Wines as to the subject matter hereof. Neither of the aforesaid parties shall have any claim or right of action arising from any undertaking, representation or warranty not included in these Terms.