Acceptance of Terms
Vergenoegd Wine Estate (Pty) Ltd 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. In the event of any conflict between the Terms and Conditions and any other conditions stipulated elsewhere, including in one of our Suppliers’ Terms and Conditions, the Terms and Conditions as contained herein will prevail.
Use of the Website
The contents of this Website, including any content, information, software, icons, text, links, graphics, lay-outs, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to Vergenoegd Wine Estate (Pty) Ltd. No license to or right in any of such contents is granted to or conferred upon you. Any unauthorized use, distribution or reproduction of the said contents is prohibited.
By entering this Website, you agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Website and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the pages of the Website or the content contained herein, without the prior written consent from an authorized Vergenoegd Wine Estate (Pty) Ltd representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website). You may not use the Website to distribute material which is defamatory, offensive, and unlawful or contains hate speech.
While Vergenoegd Wine Estate (Pty) Ltd takes reasonable measures to ensure that the contents of this Website are accurate and complete, Vergenoegd Wine Estate (Pty) Ltd makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website. Vergenoegd Wine Estate (Pty) Ltd reserves the right to make changes, corrections and/or improvements to the information and to the products and programs described in such information, at any time without notice.
Vergenoegd Wine Estate (Pty) Ltd will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserves the right to discontinue providing the Website or the service or any part thereof with or without notice to you. Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Vergenoegd Wine Estate (Pty) Ltd also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. Vergenoegd Wine Estate (Pty) Ltd does not accept any responsibility for any errors or omissions on this Website.
Vergenoegd Wine Estate (Pty) Ltd has a strong commitment to providing excellent service to all of our customers and visitors of this Website, including respecting concerns about privacy. Vergenoegd Wine Estate (Pty) Ltd will explicitly ask when we need information that personally identifies you or allows us to contact you (“personal information”). Generally this information is requested when making reservations; when requesting a particular service. You agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
The purposes for which Vergenoegd Wine Estate (Pty) Ltd will use your personal information are as follows: to transact with you via the website or email regarding purchase and reservation, to provide services to you via our website; to inform you of new features, services, special offers and products (provided you have consented to receiving such marketing material); to enable us to process, validate and verify reservations and requests for services and for the purposes for which you specifically provided the information; to improve your experience on our website.
Vergenoegd Wine Estate (Pty) Ltd shall be entitled to disclose personal information if required to do so (a) to comply with applicable law or with legal process served on Vergenoegd Wine Estate (Pty) Ltd; (b) to protect and defend the rights or property of Vergenoegd Wine Estate (Pty) Ltd, and (c) for the purposes of distributing same to various employees and/or third parties who assist Vergenoegd Wine Estate (Pty) Ltd in providing services to you and thus need to know your personal information in order to render a proper and efficient service to you. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
You are aware that information and data is automatically collected through the standard operation of the Internet servers and through the use of “cookies.”
WHILST VERGENOEGD WINE ESTATE (PTY) LTD IS OF INTENT TO TAKE REASONABLE MEASURES TO KEEP PERSONAL INFORMATION ABOUT YOU CONFIDENTIAL, IT SHALL HOWEVER NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION.
Vergenoegd Wine Estate (Pty) Ltd will:
• treat your personal information as strictly confidential;
• take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
• promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
• provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable request; and
• upon your request, promptly return or destroy any and all of your personal information in our possession or control.
We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
Linked Third-Party Website and Third-Party Content
This Website may contain links or references to other websites outside of our control, including those of advertisers. These Terms and Conditions do not apply to those websites and Vergenoegd Wine Estate (Pty) Ltd is not responsible for the practices and/or privacy policies of those sites or the cookies those sites use. In addition, because Vergenoegd Wine Estate (Pty) Ltd has no control over such external sites and resources, you acknowledge and agree that Vergenoegd Wine Estate (Pty) Ltd is not responsible for ensuring the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Your use of such other websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other websites or your reliance on any information contained on those websites.
Permission for Hyperlinks, Deep Linking, Crawlers and Metatags
Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this Website or any subsidiary pages before receiving the prior written approval of an authorised representative of Vergenoegd Wine Estate (Pty) Ltd, which may be withheld or granted subject to such conditions Vergenoegd Wine Estate (Pty) Ltd may specify from time to time. Furthermore, this Website or any part hereof may not be “framed” or “deep linked” in any way whatsoever. This Website may from time to time contain message boards which allow users to comment on their experience at Vergenoegd Wine Estate (Pty) Ltd. At times those comments may contain references to matters not related to Vergenoegd Wine Estate (Pty) Ltd. Those references do not necessarily represent the views of Vergenoegd Wine Estate (Pty) Ltd.
Limitation of Liability
VERGENOEGD WINE ESTATE (PTY) LTD 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 VERGENOEGD WINE ESTATE (PTY) LTD.
YOU HEREBY INDEMNIFY VERGENOEGD WINE ESTATE (PTY) LTD 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 VERGENOEGD WINE ESTATE (PTY) LTD OR ONE THAT PURPORTS TO EMANATE FROM VERGENOEGD WINE ESTATE (PTY) LTD, UNLESS THE LOSS, CLAIM OR DAMAGE ARISES AS A RESULT OF THE GROSS NEGLIGENCE OF VERGENOEGD WINE ESTATE (PTY) LTD.
Changes to these Terms and Conditions
Vergenoegd Wine Estate (Pty) Ltd reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.
Vergenoegd Wine Estate (Pty) Ltd may in its sole discretion terminate, suspend and modify this Website and/or your use of this Website, with or without notice to you. You agree that Vergenoegd Wine Estate (Pty) Ltd will not be liable to you in the event that it chooses to suspend, modify or terminate this Website or your use of this Website.
The Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa and application for any of the services offered on these pages or sites will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to such services.
Availability of Products in stock
Whilst we will endeavour to have all products as advertised on our website/pricelist in stock, no responsibility can be accepted on account of any products advertised on the website/pricelist not being in stock arising out of any circumstances beyond Vergenoegd Wine Estate (Pty) Ltd’s control, which circumstances will included, but in no way be limited to any delays in the supply of goods by Vergenoegd Wine Estate (Pty) Ltd’s Suppliers which cannot be directly or indirectly attributed to them. Please contact our offices before placing any orders;
We may impose a cancellation fee in the event of cancellation of the order before delivery.
The fee will depend on the nature of the order, the length of notice of cancellation before delivery, the reasonable potential to find alternative clients for the order and the reason for cancellation. No refunds on deposits in the event of cancellation for already ordered/made Special–Order Goods.
Vergenoegd Wine Estate (Pty) Ltd warrants its customer that the products which have been supplied by the Company and delivered to the Customer shall be free from defects and subject to the following:
– The warranty is effective for a period of six months or “the best before date” whichever occurs first. The date is determined from date of delivery and will the Customer be entitled to either request a refund or replacement of goods if the products are defective within such period;
– Vergenoegd Wine Estate (Pty) Ltd shall not be liable or responsible in any way for any damages of whatsoever nature, including consequential and penal damages, caused by or due to any defects of the products, unless such damages can be attributed to any circumstances reasonably within the control of Vergenoegd Wine Estate (Pty) Ltd;
– The warranty shall immediately be rendered null and void in the event of any of the following:
• Any alterations or modifications or addition made to the products supplied, without the prior consent of Vergenoegd Wine Estate (Pty) Ltd;
• Failure to use products in accordance with the instructions and specifications including selling/consuming the products after “the best before date”;
• General misuse and abuse of the product;
• Any damage caused by fire, flood, civil disturbance or act of God;
• The client not having its original Tax Invoice available to be supplied to.
The Customer should choose carefully. We do not normally give refunds if the Customer simply changes his mind or make the wrong decision. The Customer can choose between a refund or exchange where the product is determined as defective within the warranty period or within 7 business days the product is wrongly described, different from the sample shown to you or do not perform. If the product is amended or cannot be returned due to public health reasons we will not accept a return of the product, unless defective. We may charge a handling fee if the return is accepted by management.
Notwithstanding anything to the contrary Vergenoegd Wine Estate (Pty) Ltd obligation to deliver the product shall in all cases be subject to the following:
(a) If Vergenoegd Wine Estate (Pty) Ltd arrange a delivery on behalf of the client, it will be at the client’s cost depending on the area of delivery and the risk of handling the product will be on the client as soon as the goods are placed on the delivery vehicle. The client must arrange their own insurance in this regard.
(b) Whilst delivery times are given in good faith and Vergenoegd Wine Estate (Pty) Ltd will use every endeavour to comply therewith, no responsibility can be accepted for any loss or damage incurred by the Customer on account of any delay in delivery arising out of any circumstances beyond Vergenoegd Wine Estate (Pty) Ltd’s control, which circumstances will included, but in no way be limited to:
• any delays in the supply of products by Vergenoegd Wine Estate (Pty) Ltd’ Suppliers which cannot be directly or indirectly attributed to them;
• the client changing their order within days from delivery;
• any delays in freight services beyond Vergenoegd Wine Estate (Pty) Ltd’s reasonable control;
• if the balance of the purchase price payable on delivery is not payable on date of anticipated delivery.
Vergenoegd Wine Estate (Pty) Ltd will communicate unavoidable delay in the delivery.