GENERAL
This website can be accessed at wellingtonterroir.co.za (“the Website”) and is owned by Wellington Terroir. The website contains links to Wellington Terroir Online Shop.
These Terms and Conditions govern the use of the Website and are binding and enforceable against every person that access or use this Website in respect of any of the links referred to above. By using this Website, users acknowledge that they have read and understood and agree to be bound to these Terms and Conditions.
The Online Shop option on the Website enables users to order and buy wine from our Online Shop. Users acknowledge and agree that the list of Products may be updated/amended by Wellington Terroir at any time in its sole discretion and further that ordering, sale and delivery of Products are governed by these Terms and Conditions.
Any user who do not accept these Terms and Conditions may not use this Website in any manner whatsoever including, but not limited to, placing orders for any of our Products.
CONSUMER PROTECTION ACT, NO. 68 OF 2008 (“the Act”)
These Terms and Conditions apply to users who are “consumers” for the purposes of the Act.
Users’ attention is specifically drawn to clauses underlined in the text which:
may limit the risk or liability of Wellington Terroir; and/or
may create risk or liability for the user; and/or
may compel the user to indemnify Wellington Terroir; and/or
seems as an acknowledgement by the user of a fact.
REGISTRATION OF AN ACCOUNT
Users are not compelled to create an account on the Website, but may create an account in order to regularly order and buy Products.
To register an account, users will be required to provide certain personal information and must provide a unique username and password. The unique username and password may be used to access the Website to order and purchase Products.
Should you register an account, you agree and warrant that your username and password shall:
be used for personal use only; and
not be disclosed by you to any third party.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
You agree to notify Wellington Terroir immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
USE OF THE WEBSITE
By using the Website, users agree:
not to use in any way any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website;
not to use in any way any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein;
not to use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful; and
not to display, publish, copy, print, post or otherwise use the Website and/or the information contained herein in any way without the express prior written consent of Wellington Terroir.
LEGAL DRINKING AGE
No Products consisting of wine or wine related products will be sold to any person under the age of 18 (eighteen) years.
Any time an order is placed for a wine/wine related Product, you will be required to warrant that you are over the age of 18 (eighteen) years and, in addition, any person receiving delivery of such wine related Products may be required to show identification proving that he or she is of the applicable legal age.
ORDERS AND AGREEMENTS OF SALE
Online Shop Exclusivity: All prices displayed on this website (wellingtonterroir.co.za) are exclusive to the online shop. These prices will only be honoured for purchases made directly through the Wellington Terroir online shop website.
Users may place orders for Products by using the “Shop” link on the Website.
Such order shall constitute your (the Customer’s) offer to purchase the Products selected subject to the terms and conditions referred to below.
Such an order shall be complete on confirmation of receipt of payment by Wellington Terroir when:
a credit card authorisation is received from the issuing bank; or
the exact amount has been received in our bank account via electronic funds transfer (“EFT”) within 5 (five) days of placing the order.
On completion of your order, we shall indicate our acceptance of such order by confirmation email, at which point an agreement of sale is concluded between Wellington Terroir and the Customer.
Wellington Terroir reserves the right to:
refuse or accept any order without giving any reasons; and/or
cancel orders in whole or in part as circumstances dictate.
In either event, Wellington Terroir shall not be liable for any losses or damages suffered by the Customer as a result of such refusal or cancellation and shall only be liable to refund monies already paid by the Customer.
Wellington Terroir shall take all reasonable efforts to maintain correct prices on the Website. However, should errors occur and items are offered at incorrect prices, Wellington Terroir shall not be obliged to sell Products at such incorrect prices and Wellington Terroir’s liability shall be limited to a refund of monies already paid by the Customer.
PAYMENT
All prices quoted on the Website are in South African Rand (ZAR), and include Value-Added Tax (VAT). Prices quoted are per bottle or per case, as indicated.
All prices posted on the Website are exclusive of delivery costs, and delivery costs will be stated separately in our confirmation of your order which may vary daily and for each order.
Payment methods we accept are debit cards, credit cards (Visa, Master Card) or Instant EFT’s via our pay portal.
Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of the payment. Spice Route Wines may reject any order in respect of which the required information is not provided
CREDIT CARD SECURITY AND PRIVACY
The private information required for executing the order placed through the Website, (including your personal information, credit card details, delivery address and contact number(s)) will be kept in the strictest confidence and not sold or made known to third parties except insofar as is required for executing your order or as permitted by law. Information collected and use thereof will be treated according to our Privacy Policy, which is available on the Website.
Credit card transactions will be acquired for Wellington Terroir by Payfast. Payfast uses the strictest encryption;
No credit card details are stored on the Website and will be kept separate from other Customer information.
CANCELLATION
Orders may be cancelled within 24 (twenty four) hours of placing the order by emailing us at wine@wellingtonterroir.co.za or calling us at +27 73 424 0628.
An order is cancelled once you have notified Wellington Terroir in writing or by telephone in accordance with clause 9.1 above and have received our confirmation of receipt of your cancellation notice.
If you have already paid for your order and have not yet received an email notifying that your order has already been shipped, you will be refunded in full.
If you have already paid for your order and have also received an email notifying you that your order has already been shipped, then we reserve the right to charge a deduction rate equal to 10% of the purchase price for administration expenses.
Wellington Terroir reserves the right to debit your payment card for the delivery fees in respect of any late cancellations, in addition to the administration charge referred to above.
Any order placed as a result of direct marketing may be cancelled without penalty/charge within 5 (five) business days after the later date of the date on which your order is confirmed by Wellington Terroir or delivery of the Products to your nominated address. Products that have been delivered may be returned to Wellington Terroir at the risk and expense of the customer. Wellington Terroir shall refund the purchase price in full within 15 (fifteen) business days after receiving the notice of cancellation or receipt of returned products.
DELIVERY
Delivery of Products as per confirmed orders will be made to the nominated address set out on your order.
Delivery usually takes place within 10 (ten) working days from confirmation of payment or such other period as stipulated in our confirmation email.
All deliveries made will be by courier directly to your nominated address unless otherwise stated in our confirmation of order.
On delivery to your nominated address you shall be entitled to examine the Products for the purpose of ascertaining whether you are satisfied that the Products are of the type and quality reasonably contemplated on placing your order and complies with the description provided therefore on the Website.
If the delivery contains a larger quantity of Products than was ordered, or consists of some of the Products ordered together with Products not ordered, you may reject delivery of all Products, or accept the delivery of all Products and pay the purchase price for the additional/incorrect Products, or accept delivery of the correct Products and reject the incorrect Products.
All Products delivered must, if accepted by you, be signed for by you on delivery. If no one is available at the nominated address when delivery is attempted, the Products will be retained by the courier, in which case notification of the attempted delivery will be given. Should the Products ordered be returned to our premises, any further delivery attempts will also be at your cost.
Wellington Terroir will not be liable for any loss occasioned by any delay in the delivery of any order, nor for any loss, damage or misplacement of any Products ordered after delivery has been made to your nominated delivery address.
Products are only insured by us up to the point of delivery.
Risk in and to the Products will transfer to you upon completion of delivery at your nominated delivery address
RETURNS
Your satisfaction is our main priority. If, for any reason, you are dissatisfied with the delivery of Products, please contact us and return the Products at your cost within 10 (ten) days of delivery of your order.
If the Products were defective or does not comply with the description thereof in any respect when delivered to you, we will issue a replacement, or refund you the price of the Products, as well as the cost of delivery to return the Products within 30 (thirty) days from receipt of returned Products.
Unfortunately, any instance where the Products do not meet personal preference will not be regarded as “defective” Products and Wellington Terroir cannot replace/refund you in such instance.
You are more than welcome to contact us for any advice on wine selection prior to purchase.
All Products delivered and accepted by you must be stored in accordance with the instructions issued by Wellington Terroir and/or be used prior to the indicated expiry date. Provided these provisions are complied with, any Products that do not comply with the quality as described may be returned within 6 (six) months of delivery at our expense and we shall refund the purchase price paid or issue a replacement.
All returns are subject to the further provisions set out in our Returns Policy, also available on our Website.
AVAILABILITY
All the Products displayed on the Website are subject to availability.
In the event of a particular Product included in your order not being available, we will contact you to suggest an alternative product.
You are then entitled to accept the alternative(s) or such items as can be correctly delivered, or cancel your order.
Special promotions may be subject to certain conditions, including availability and limited offer stipulations.
Wellington Terroir reserves the right to discontinue, or change, the specifications of our Products from time to time without notice, or to adjust our prices in which event you will be informed thereof at the time of confirmation of your order.
Promotional offers displayed on this Website are valid within the Republic of South Africa only and are not available for export unless expressly stated otherwise.
DIRECT MARKETING
Users may, from time to time, receive information regarding new Products/promotions available on our Website. Should you not wish to receive any such notices, please send us an email at wellingtonterroir.co.za
VOUCHERS AND COUPONS
Wellington Terroir may, from time to time, make physical or electronic gift vouchers or promotional coupons or discounts available for use on the Website towards the purchase of Products.
The use of such Vouchers and Coupons shall be subject to the Vouchers and Coupons Terms and Conditions, also available on our Website.
RECORDS OF TRANSACTIONS
Customers may access a full record of their transaction/purchase history by logging into their account on our Website. Records shall be maintained for a period of 12 (twelve) months.
DISCLAIMER
The use of this Website is entirely at your own risk.
To the extent permissible pursuant to applicable law, Wellington Terroir disclaim all warranties of any kind, either express or implied, including but not limited to fitness of our Products for a particular purpose. No oral or written information provided by us shall create a warranty, nor shall you rely on any such information or advice.
Whilst Wellington Terroir takes reasonable measures to ensure that the content of the Website is accurate and complete, Wellington Terroir makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
Although Products sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Wellington Terroir is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
CHANGES TO THESE TERMS AND CONDITIONS
Wellington Terroir may, in its sole discretion, change these Terms and Conditions or any part thereof at any time without notice. However, the Terms and Conditions published here at the time when a specific order is placed will govern that specific order and all matters incidental to the specific order, notwithstanding any amendments which Wellington Terroir may subsequently make to these Terms and Conditions.
OWNERSHIP AND COPYRIGHT
The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Wellington Terroir, its advertisers and/or sponsors and/or is licensed to Wellington Terroir. Users will not acquire any right, title or interest in or to the Website or the Website Content.
LIMITATION OF LIABILITY
Wellington Terroir shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Website or the content contained in the Website; or your inability to use the Website, and/or unlawful activity on the Website and/or any linked third party website.
You hereby indemnify Wellington Terroir 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.
AVAILABILITY AND TERMINATION
Wellington Terroir will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
Wellington Terroir may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Wellington Terroir will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
JURISDICTION
These terms shall be solely and exclusively governed by and construed and interpreted in accordance with the law of the Republic of South Africa.
SEPARATE AND SEVERAL
If any of these terms or conditions are held by a court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, then such terms or conditions will be regarded as severable, and will not affect the validity of the remaining terms and conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
INFORMATION DISCLOSURE
The following information of ourselves is disclosed in terms of section 43 of the Electronic Communications and Transactions Act, No. 25 of 2002:
Full name: Wellington Terroir
Reg. Nr.: ____
Owner: Anton Nel
Physical address: Unit BB3, Old Tannery, Hermon Rd, Wellington, 7655
(to be used for all legal service) Wellington, 7655
Postal address: Unit BB3, Old Tannery, Hermon Rd, Wellington, 7655
Telephone number: +27 73 424 0628
Email address: wine@wellingtonterroir.co.za
Website address: wellingtonterroir.co.za