Cederberg Wines

Standard Terms & Conditions of Sale

 

IMPORTANT NOTICE

Please careful before you proceed with using the Cederberg Wines Website and online shopping platform

1. These Standard Terms and Conditions of Sale shall apply to all transactions in respect of the sale of Products entered into between Cederberg Wines and its Customers, including any online shopping, and shall prevail notwithstanding any terms, conditions or stipulations contained in any other document, including correspondence and e-mails, that may be in conflict therewith.

By accessing and using this Website, including any online purchase of Products, you agree to be bound by the Standard Terms and Conditions  of Sale set out herein, and all terms and conditions as set out in this Agreement, and as may be amended from time to time. If you do not wish to be bound by these terms and conditions, then you may not enter, access, display, use the Website or download, copy or distribute any of the content of the Website.

Cederberg Wines may amend these Standard Terms and Conditions of Sale at any time by posting the amended terms and conditions on the Website.  All amended terms shall automatically become effective immediately after they are posted on the Website and any subsequent use of the Website shall be governed by such amended terms. 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 Cederberg Wines may subsequently make to these terms and conditions. 

Cederberg Wines Website Terms and Conditions and Electronic Communication Legal Notice forms and integral part of these Standard Terms and Conditions of Sale and must be read with these Standard Terms and Conditions of Sale.

2. Interpretation

In this Agreement, except in a context indicating that some other meaning is intended:

“Agreement” means the Standard Terms and Conditions of sale and the Cederberg Wines Website Terms and Conditions and the Cederberg Electronic Communication Legal Notice, as amended from time to time

“Card” means a valid MasterCard, Visa, American Express or Diners Club card or similar debit or credit card with sufficient to complete any purchase of Products ordered;

“Cederberg Wines” means Cederberg Private Cellar (Pty) Ltd trading as Cederberg Wines, including any holding company, subsidiaries or affiliates;

“Customer” means any person or entity who purchases Products from Cederberg Wines;

“Products” means any liquor or other products sold by Cederberg Wines on the Website, including wine and beer;

“Standard Terms and Conditions of Sale” means these Standard Terms and Conditions, as amended from time to time;

“Website” means Cederberg Wine’s Website, as amended from time to time.

Expressions in the singular also denote the plural, and vice versa

Words and phrases denoting natural persons refer also to juristic persons, and vice versa

Pronouns of any gender include the corresponding pronouns of the other gender;

Paragraph headings appear in this Agreement for purposes of reference only and shall not influence the proper interpretation of the subject matter;

Any word, term or expression not defined in this Agreement shall bear the meaning attributed thereto in the wine industry, failing which it shall bear its ordinary meaning;

The parties agree that the principle of contra preferentem shall not apply to this Agreement or any annexures thereto.

3. Sale of Liquor

To the extent that Cederberg Wines’ Website may market, promote and advertise the sale of liquor products, as defined in the Liquor Products Act, it is not intended for use by persons under the age of 18 (eighteen) years. If you are under the age of 18 (eighteen) years, you may not enter, access and/or use this Website.

No liquor products will be sold to anyone under the age of 18 (eighteen) years.  Should you wish to purchase any liquor products on the Website, you will be required to confirm that you are over the age of 18 (eighteen) years, and in addition, any person receiving delivery of such wine products may be required to show identification proving that he or she is of the applicable legal age. 

4. Registration and Online Shopping

Purchases made from the Website require registration by completing the registration section.

To register on the Website, the Customer will be required to provide certain information, including e.g. personal details, contact details, credit/payment card details and the Customer’s delivery address, which address must be located within a delivery area as specified by Cederberg Wines from time to time. When registering, the Customer will be required to choose a username and password. Your username and password must be entered each time you wish to make an online purchase. Please keep your username and password secret. Cederberg Wines accepts no liability for any damages suffered or losses incurred from the use or misuse of the Customer’s user and/or password. 

To make purchases on the Website the Customer must be over the age of 18 (eighteen) and the holder of a Card. All use of the Card shall be subject to the terms and conditions of this Agreement, as applicable from time to time. 

Cederberg Wine does not accept any liability for any cybercrime, including but not limited to the fraudulent use of the Card and the Customer hereby indemnifies and holds Cederberg Wines harmless against any damages which Cederberg Wines and/or the Customer may suffer as a result of any fraudulent use of the Card and cybercrime pursuant to entering, accessing, displaying, using the Website or downloading, copying or distributing any of the content of the Website.

4. Market

The online wine sales service offered by Cederberg Wines on our Website is available to buyers in the Republic of South Africa. 

Cederberg Wines does offer such service on special request internationally, however at different costs and subject to further provisions applicable to international buyers in terms of delivery and insurance requirements as may be stipulated by Cederberg Wines on confirmation of any order.  

5. Misrepresentation

The Customer acknowledges that it does not rely on any representations made by Cederberg Wines with regard to Products or any of its qualities leading up to this Agreement other that those contained in this Agreement. All specifications, price lists, advertisements, brochures and other technical data furnished by Cederberg Wines in respect of Products orally or in writing will not form part of the Agreement in any way unless agreed to in writing by Cederberg Wines.

The Customer agrees that neither Cederberg Wines nor any of its directors, official or employees will be liable for any negligent or innocent misrepresentations made to the Customer.

6. Suitable for Purpose

It is the sole responsibility of the Customer to determine that Products ordered are suitable for the purpose of intended use.

7. Prices, Product Sales and Availability 

All Products displayed on the Website are subject to availability. 

In the event of a particular Product not being available, Cederberg Wines will contact the Customer to suggest an alternative Product. The Customer is then entitled to accept the alternative(s) or such items as can be correctly delivered, or to cancel his order. Prices quoted are per bottle or per case (inclusive of VAT and exclusive of delivery), as indicated. 

Cederberg Wines reserves the right to change prices and to add or discontinue Products offered on the Website without prior notice.

Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations. 

8. Payment
Payment may be made by Card or by electronic funds transfer (EFT).Cederberg Wines shall be authorised to debit the aggregate amount payable for Products ordered against the Card supplied by the Customer when completing the Customer’s order. Cederberg Wines shall be entitled to debit the Card on acceptance of the Customer’s order and prior to delivery. 

By submitting his order, the Customer warrants that he is over the age of 18 (eighteen) years, are authorised to make payment with the Card and that there are sufficient funds available to pay for the order. 

9. Confirmation of Orders 

Orders placed on the Website constitute an offer by the Customer to purchase Product order subject to the terms and conditions of this Agreement. 

An order shall be complete on confirmation of receipt of payment by Cederberg Wines when:

  • a credit card authorisation is received from the issuing bank; or
  • the exact amount has been received via EFT.

On completion of the Customer’s order, Cederberg Wines shall indicate its acceptance of such order by confirmation e-mail, short messages service of social media platform, at which point an agreement of sale is concluded between Cederberg Wines and the Customer.

Cederberg Wines 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, Cederberg Wines shall not be liable for any losses or damages, including any indirect, special or consequential 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.

While every reasonable effort is made to ensure that the information provided on the Website is current and accurate, should errors occur and items are offered at incorrect prices, Cederberg Wines will not be obliged to sell Products at such incorrect prices and any liability on Cederberg Wines part shall be limited to a refund of monies already paid by the Customer.

10. Delivery

Delivery of Products as per completed and confirmed orders will be made to the nominated address on the Customer’s order. Cederberg Wines does not accept liability for any incorrect nominated address. 

All deliveries made will be by road freight directly to the Customer’s nominated address unless otherwise stated in Cederberg Wines’ confirmation of order.  

Deliveries take place from Monday to Friday, 10:00 until 17:00, excluding public holidays. 

Cederberg Wines only delivers to Customers within certain specified delivery areas in South Africa, which shall be major South African cities, unless Cederberg Wines agrees otherwise in writing.

Cederberg Wines endeavours, but does not guarantee, to effect deliveries of all South African orders within 10 (ten) working days of acceptance of an order.  The above provisions shall not apply to international buyers and the time, place and other relevant terms of delivery and insurance shall be set out by Cederberg Wines in the confirmation of order and international buyers agree to be bound to such terms when placing any orders in terms hereof.

If Cederberg Wines agrees to engage a courier to transport the Products, Cederberg Wines is hereby authorised by the Customer to engage a courier on the Customer’s behalf and on the terms deemed fit by Cederberg Wines. The Customer indemnifies Cederberg Wines against any claims against Cederberg Wines that may arise from such agreement as contemplated. Cederberg Wines shall not be liable for any damage suffered or loss incurred by reason of any act or omission of the courier, its directors or members, employees, sub-contractors, agents, representatives and/or affiliates.

All Products delivered must be signed for on delivery.  If no one is available at the nominated address when delivery is attempted, the Products will be retained by the courier. Cederberg Wines’ representative will attempt to contact the Customer to make new arrangements for delivery or collection, the costs of which will be for the Customer’s account.  

The delivery of Products will require proof of age on delivery. Failure to supply such proof may render the sale null and void or result in the Products being retained by the courier, in which case notification of the attempted delivery will be given. Any further attempt may attract an additional charge for which the Customer shall be liable. 

For verification purposes, the person accepting delivery at the nominated delivery address may be required to produce a form of identification.  Any person other than the Customer who receives the Products at the nominated delivery address is presumed to be authorised to accept delivery on the Customer’s behalf. 

On delivery, the person accepting delivery shall be required to sign and print his/her name as against a duplicate copy of the delivery note as confirmation of delivery. 

On delivery of the order to the specified delivery address, the Customer will receive a delivery note indicating the items delivered, prices, VAT and the amount to be debited or which has been debited from the Customer’s card. 

Any delivery note (copy or original) signed by the Customer or third party engaged to transport the Products and held by Cederberg Wines shall be prima facie proof that delivery was made to the Customer.

Cederberg Wines shall 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 from Cederberg Wines after delivery has been made to the Customer’s nominated delivery address.  

All Products purchased from Cederberg Wines are only insured by Cederberg Wines up to the point of delivery. 

Cederberg Wines shall be entitled in its sole discretion to split the delivery of an order in the quantities and on the dates it decided.

11. Risk and Ownership 

Risk in the Products shall pass to the Customer upon delivery at the nominated delivery address or to the person accepting delivery on the Customer’s behalf. 

Until payment is received in full for any Products, ownership in the Products shall remain with Cederberg Wines and such Products shall be returned and/or surrendered to Cederberg Wines following receipt of a default notice from Cederberg Wines.

12. Returns 

Satisfaction is our main priority.  If, for any reason, the Customer is dissatisfied with the quality of Cederberg Wines’ Products, please contact us and return the Products at the Customer’s cost within 7 (seven) days of delivery of the Customer’s order.  

If the Products were indeed faulty in any respect when delivered to the Customer, Cederberg Wines will, in its absolute discretion either issue a replacement or refund the Customer the price of the Products, as well as the cost of delivery to return the Products to Cederberg Wines, within 30 (thirty) days from receipt of receiving the returned Products.

The Customer will be deemed to have accepted the order should the Customer not return the Products within the 7 (seven) day period referred to above whereafter no returns will be accepted. 

Unfortunately, Cederberg Wines cannot replace or refund the Customer where the Products do not meet personal preference. The Customer is more than welcome to contact Cederberg Wines for any advice on wine selection prior to purchase, but the ultimate decision remains with the Customer and Cederberg Wines shall not be liable in any way for such decision.

13. Cancellation
Without prejudice to any other rights or remedies in law, Cederberg Wines shall be entitled to cancel forthwith any sale and/or the Customer’s registration should the Customer breach any of these terms and conditions of this Agreement.The Customer may cancel his order within 7 (seven) days of placing the order. An order is cancelled once the Customer have notified Cederberg Wines in writing and have received Cederberg Wines’ written confirmation of receipt of the Customer’s cancellation notice.  

If the Customer cancel its order within 7 (seven) days of placing the order and the Customer’s order has already been sent for delivery, the Customer will be liable for any costs incurred in returning the Products to Cederberg Wines. 

If the Customer want to cancel its order after 7 (seven) days of placing the order the Customer will be liable to Cederberg Wines for the full purchase price of the Products, including VAT and other expenses incurred (such as delivery etc.).

All the terms and conditions of this Agreement which by their nature should survive cancellation shall survive cancellation, including but not limited to, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14. Force Majeure

Any order is subject to cancellation by Cederberg Wines due to acts of God or any circumstance beyond the control of Cederberg Wines, including (without restricting this clause to these instances): inability to secure labour, power, materials or supplies, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought, actions/restriction/regulations by Government or any other authority or legislation.

15. Records of Transactions

Customers may access a full record of their transaction/purchase history via logging into their account on Cederberg Wines’ Website. Records shall be maintained for a period of 12 (twelve) months on Cederberg Wines’ Website. 

16. Severability
Each provision of the Agreement shall be severable from the other terms and conditions. Should any provision be found invalid or unenforceable, the remaining provisions of the Agreement shall nonetheless remain of full force and effect, binding and continue to apply.
17. Law Applicable

This Agreement shall be deemed to have been made in the Republic of South Africa and the construction, validity and performance of this Agreement shall be governed in all respects by the law of the Republic of South Africa.

In the event of any action being instituted by Cederberg Wines against the Customer, the unsuccessful Party agrees to pay any and all legal costs incurred by the successful party, including all costs on the scale as between attorney and own client, collection commission, tracing costs and all other ancillary costs or expenses relating to such action.

18. Domicilium Citandi et Executandi

Cederberg Wines and the Customer choose as their domicilia citandi et executandi for all purposes under this Agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature (including the exercise of any option), the following addresses: 

  • Cederberg Wine: Cellars Cellars 

Dwarsrivier, Cederberg, Western Cape, South Africa, 8135

Telefax: +27 (0) 22 492 2647

E-mail: info@cederbergwine.co.za

  • The Customer: The nominated address on the Customer’s order

E-mail: The e-mail address indicated or used by the Customer when registering or placing an order

Any notice or communication required or permitted to be given in terms of this Agreement shall be valid and effective only if in writing, but it shall be competent to give notice by telefax.

Any notice to a party: 

  • sent by prepaid registered post (by airmail if appropriate) in a correctly addressed envelope to it at its domicilium citandi et executandi shall be deemed to have been received on the 5th business day after posting (unless the contrary is proved); 
  • delivered by hand to a responsible person during ordinary business hours at its domicilium citandi et executandi shall be deemed to have been received on the day of delivery; or 
  • sent by electronic mail (e-mail) to its chosen e-mail address stipulated in clause 24.1, shall be deemed to have been received on the date of sending the e-mail (unless the contrary is proved).

Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium citandi et executandi.

19. Whole Agreement, No Amendment

This Agreement constitutes the whole agreement between the Cederberg Wine and the Customer relating to the subject matter hereof.

No amendment or consensual cancellation of this Agreement or any provision or term thereof, including this clause, and no settlement of any disputes arising under this Agreement and no extension of time, waiver or relaxation or suspension of any of the provisions or terms of this Agreement shall be binding unless recorded in a written document signed by both of the Parties, subject to the condition that no such amendment or cancellation of this Agreement or any provision or term thereof, including this clause, may be made by electronic mail.  Any such amendment or cancellation of this Agreement or any provision or term thereof, including this clause, must be reduced to a printed document and physically signed by both parties; no electronic signatures shall be acceptable or valid.   

No extension of time or waiver or relaxation of any of the provisions or terms of this Agreement shall operate as an estoppel against any party in respect of its rights under this Agreement, nor shall it operate so as to preclude such Party thereafter from exercising its rights strictly in accordance with this Agreement. 

Customer Privacy policy
We 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 .

Payment options accepted
Payment may be made via Visa and MasterCard.

Card acquiring and security
Card transactions will be acquired for us 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.

Customer details separate from card details
Customer details will be stored by us 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.

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).

Responsibility
We 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.

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