TERMS & CONDITIONS
1. Acceptance of Terms
Vergelegen Wines (Pty) Limited permits the use of this Website subject to these terms and conditions (“the Terms and Conditions”). By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions. Your use of any Services offered by us will also be subject to applicable provisions of the Terms and Conditions. In the event of any conflict between the Terms and Conditions and any other conditions stipulated elsewhere, the Terms and Conditions as contained herein will prevail. All references to ‘our’, ‘us’ or ‘we’ within these Terms are deemed to refer to Vergelegen Wines (Pty) Limited. Your use of the Site (including accessing, browsing or registering to use the Site) confirms your unconditional agreement to be bound by these Terms and is subject to your continued compliance with these Terms. We reserve the right to revise these Terms at any time by amending this page and your continued use of the Site after any such amendments are published on the Site will be considered acceptance by you of such amended Terms. Updated terms will supersede all previous versions of the Terms. Please check this page regularly to take notice of any changes we have made, as they are binding on you.
IF YOU DO NOT ACCEPT THESE TERMS YOU MUST NOT USE THE SITE.
2. Access To The Site
Access to the Site is not provided on an uninterrupted basis and we may make changes to the Site from time to time and may change, suspend or withdraw the content of all or any part of the Site at any time without notice.
3. Rights
All rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at this Site are owned by us or our licensors. You may view this Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide. You agree that you are permitted to use this material and/or content only as set out in these Terms or as otherwise expressly authorised in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content or use it for commercial purposes, without our prior written consent. You may not offer for sale or distribute over any medium, any part of this Site or any of its content. You shall not interfere or attempt to interfere with the operation or use of Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms.
4. Intellectual Property
We are the owner and/or authorised user of all trade marks, trade names, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise expressly indicated. Except as provided in these Terms, use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Except as provided in these Terms, any use or reproduction of the intellectual property is strictly prohibited. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade mark, service mark or logo displayed on this Site without our prior written permission or the prior written permission of such other third party that may own the trade mark, service mark or logo displayed on this Site. Your use of the trade marks, service marks or logos displayed on this Site, except as provided herein, is strictly prohibited.
5. No Warranties
This Site (including any information, materials, text, graphics, links or other items included in this Site) is provided “as is,” “with all faults” and “as available”, without warranties of any kind. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied. Please note that we are under no obligation to update the content and it may be out of date at any given time. We do not guarantee that the Site or any content on it will be free from errors or omissions. We provide the Site “as is” and without express or implied warranties of any kind. We do not warrant that the Site will be free from viruses. Although we take reasonable steps to secure the Site, you acknowledge that the internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the Site will be safe from unauthorised access or use. The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons and we will not be liable to you if for any reason the Site is not available at any time. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.
6. Limitation of Liability
Vergelegen Wines (Pty) Limited shall in no way be liable for any direct, indirect, incidental, special or consequential injury, loss or damages which might arise from your use of, or reliance upon, any material or content contained in the website or any linked website, or any inability to use the website, or any unlawful activity on the website caused beyond the reasonable control of Vergelegen Wines (Pty) Limited. You hereby indemnify Vergelegen Wines (Pty) Limited against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website or the receipt by you of an electronic mail from the supplier or one that purports to emanate from The Supplier, unless the loss, claim or damage arises as a result of the gross negligence of Vergelegen Wines (Pty) Limited.
7. Restriction, Suspension and Termination
We may restrict, suspend or terminate your access to the Site, in whole or in part (including the right to disable your username or password), and/or your ability to avail of any of the services on the Site, including interactive services, with or without notice, for any reason or no reason at all, including but not limited to if we believe that you have breached these Terms at any time. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of your breach of these Terms. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms. We will determine your compliance with these Terms in our sole discretion and our decision shall be final and binding and not subject to challenge or appeal.
8. Detailed description of goods and/or services
Vergelegen Wines (Pty) Limited is a business in the hospitality and wine industry that markets and sells wine.
9. Delivery policy
Subject to availability and receipt of payment, requests will be processed within 5 to 7 working days and delivery confirmed by way of email. In South Africa it is against the law to leave restricted goods such as alcohol unattended at an address. Please ensure that there is a responsible person at the delivery address or venue, that will be available to sign and take delivery at the requested time.
9.1 Export restriction
The offering on this website is available to South African clients only.
10. Return and Refunds policy
The provision of goods and services by Vergelegen Wines (Pty) Limited is subject to availability. In cases of unavailability, Vergelegen Wines (Pty) Limited will refund the client in full within 30 days. Cancellation of orders by the client will attract a 10% administration fee.
11. Customer Privacy policy
Vergelegen Wines (Pty) Limited shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569. View our Privacy Policy at https://www.vergelegen.co.za/privacy-policy and our Cookie policy at https://www.vergelegen.co.za/cookie-policy
12. Updating Personal Information
If your personally identifiable information changes you can add new information or delete information.
13. Payment options accepted
Payment may be made via Visa and MasterCard.
14. Card acquiring and security
Card transactions will be acquired for Vergelegen Wines (Pty) Limited via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
15. Customer details separate from card details
Customer details will be stored by Vergelegen Wines (Pty) Limited separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
16. Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
17. Responsibility
Vergelegen Wines (Pty) Limited takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
18. Country of domicile
This website is governed by the laws of South Africa and Vergelegen Wines (Pty) Limited chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature. Vergelegen Wines (Pty) Limited, Vergelegen Wine Farm, Lourensford Road, Somerset West, 7130.
19. Variation
Vergelegen Wines (Pty) Limited may, in its sole discretion, change this agreement or any part thereof at any time without notice.
20. Minors.
The alcohol-based goods we offer are exclusively for adults. We shall therefore only sell and deliver alcohol-based goods to legally competent persons over the age of 18 and may request appropriate proof of age. The necessary order details – such as name, address, date of birth – must be complete and truthful.