PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THE THE WINE SHACK WEBSITE (“SITE”), YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THE TERMS OF THESE TERMS AND CONDITIONS.
These terms and conditions of use may be changed in the future without further notice. Your continued use of this Site after any such changes constitutes your acceptance of the new terms. Further, these terms and conditions apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with THE WINE SHACK for products, services or otherwise.
1.1. The headings of the clauses in the conditions is provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.
1.2. No failure or delay by THE WINE SHACK to exercise any of its rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part these terms and conditions or prejudice our right to take subsequent action against the user.
1.3. THE WINE SHACK cannot screen or edit all the content available from the THE WINE SHACK site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform THE WINE SHACK of any content that may be offensive or illegal.
- PRIVACY STATEMENT
THE WINE SHACK believes strongly in protecting user privacy. Therefore, we have put together and follow a policy that respects and addresses the user’s needs. Users of this Site should refer to our Privacy Statement for information about how THE WINE SHACK uses and collects information.
Copyright 2018 © THE WINE SHACK,
299 Pendoring Avenue, Pendoring Office Park, Blackheath, Johannesburg, South Africa. All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site contact THE WINE SHACK at+27 (0)82 373 3898 or e-mail email@example.com.
- INTELLECTUAL PROPERTY RIGHTS
All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to THE WINE SHACK and as such are protected from infringement by local and international legislation and treaties.
- LICENSES AND SITE ACCESS
5.1. THE WINE SHACK grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of THE WINE SHACK or any third party.
5.2. You may not use, frame or utilize framing techniques to enclose any THE WINE SHACK trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without THE WINE SHACK‘s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a THE WINE SHACK name, trademark or product name without THE WINE SHACK‘s express written consent.
6.1. You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray THE WINE SHACK or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a THE WINE SHACK logo or other proprietary graphic or trademark of THE WINE SHACK to link to this Site without the express written permission of THE WINE SHACK. This limited right may be revoked at any time.
6.2. THE WINE SHACK makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of THE WINE SHACK and THE WINE SHACK is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. THE WINE SHACK is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by THE WINE SHACK of the site or any information contained therein. When leaving the THE WINE SHACK site, you should be aware that THE WINE SHACK‘s terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
- USER CONDUCT
In using this Site, you agree:
7.1. Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;
7.2. Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites
7.3. Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
7.4. Not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
7.5. Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access;
7.6. Users may not use the website in such a way that is in violation of any applicable law or regulation;
7.7. Users are prohibited from violating or attempting to violate the security of THE WINE SHACK. Violations of system or network security may result in civil or criminal liability. THE WINE SHACK will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, national and international laws and regulations.
8.1. You shall remain solely liable for the Content of any messages or other information you upload or transmit to THE WINE SHACK. You agree to indemnify and hold harmless THE WINE SHACK from any claim, action, demand, loss or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.
9.1. You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to THE WINE SHACK, or postings on this Site, are nonconfidential and shall become the sole property of THE WINE SHACK. THE WINE SHACK shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to THE WINE SHACK irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.
- E-MAIL DISCLAIMER
10.1. The information in all e-mail messages (document and attachments) sent by an employee / electronic agent / a member of M Square Product Supplies (pty)Ltd t/a THE WINE SHACK (Reg no. 2012/148440/07) is confidential and may be legally privileged. The information transmitted is intended only for the person(s) or entity to which it is addressed. If you are not the intended recipient(s), please notify the sender immediately and then delete this e-mail (document and attachments). Do not disclose the contents of this e-mail (document and attachments) to any other person, nor make any copies thereof.
10.2. Internet communications cannot be guaranteed to be secure or error-free. Neither THE WINE SHACK nor the sender accepts liability for any errors or omissions in the contents of this message which arise as a result of e-mail transmission. If verification is required, please request a hard copy version. Also take notice that this e-mail can possibly contain viruses and that the recipient is responsible for checking and deleting viruses. In no event will THE WINE SHACK or the sender be liable to anyone for any indirect, special, consequential or direct damages arising from this document and attachments or any use thereof.
10.3. No employee is authorised to conclude a binding agreement on behalf of THE WINE SHACK by e-mail without the express written confirmation of a director of THE WINE SHACK. Nothing contained in this e-mail shall be construed as a legally binding agreement or an offer to contract.
- DISCLAIMER OF WARRANTIES
11.1. YOU FURTHER UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
11.2. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE WINE SHACK AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY THE WINE SHACK OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
11.3. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
11.4. YOU ACKNOWLEDGE THAT THE WINE SHACK DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, THE WINE SHACK AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
11.5. THE WINE SHACK DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.THE WINE SHACK DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY THE WINE SHACK VIA EMAIL OR OTHER MEANS, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES THE WINE SHACK MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WINE SHACK OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.
11.6. THE WINE SHACK ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF THE WINE SHACK, ITS AFFILIATES, ITS LICENSORS OR A USER’S OWN ERRORS AND/OR OMISSIONS.
11.7. THE WINE SHACK DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED.
11.8. ALL THE INFORMATION APPEARING ON THIS SITE IS PROVIDED WITHOUT A REPRESENTATION OR WARRANTY WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, AND THE WINE SHACK DISCLAIMS ANY LIABLE TO THE USER IN THIS REGARD.
- LIMITATION ON LIABILITY
12.1. THE WINE SHACK has taken reasonable steps as far is possible, to ensure the accuracy and completeness of the content shown on this site, to ensure that the user doesn’t suffer any loss or damages as a result of the use of this site.
12.2. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL THE WINE SHACK OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE WINE SHACK.CO.ZA OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WINE SHACK OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE WINE SHACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.3. OUR LIABILITY TO YOU IN CONNECTION WITH ANY ORDER WILL NOT EXCEED THE TOTAL PRICE CHARGED FOR THE RELEVANT ITEMS AND THE SHIPPING COSTS.
12.4. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, in such jurisdictions, liability is limited to the fullest extent permitted by law.
Notwithstanding any of these terms and conditions, THE WINE SHACK reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site.
If any provision of these terms and conditions is held to be invalid, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
- USER’S LIABILITY TO THE WINE SHACK
16.1. The price of each product is displayed with the product. In the event of a sale or special offer, the discounted price is displayed.
16.2. Prices are inclusive of Value added tax at the rate of 15%.
17.1. Subject to availability and receipt of payment, delivery will be made to the address specified by you.
17.2. THE WINE SHACK do our best to secure delivery within 3-7 days of the date of your order but will not be liable for loss occasioned by delay in delivery arising out of any cause beyond our control.
17.3. All goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the goods will be retained by the courier, in which case notification of the attempted delivery will be given. The courier service will subsequently arrange a suitable date and time for delivery.
- PAYMENT METHODS
18.1. Credit card payments.
18.1.1. At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order.
18.1.2. Payment is collected immediately when the order is processed, completed and the goods shipped.
18.2.1. The user can also choose to use any of his available coupons to pay for an order.
18.2.2 Coupons can only be redeemed online at www.THE WINE SHACK.co.za.
Note that to protect it’s own and the interests of customers, THE WINE SHACK scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if THE WINE SHACK is not satisfied with it’s legitimacy.
- RESTRICTIONS ON SALES
19.1. Wine is not shipped to addresses outside the borders of South Africa.
19.2. Wine is not sold to persons under the age of eighteen years. For this reason, we may refuse an order at our discretion and orders may not be transferred from the customer to any other person.
- AGREEMENTS OF SALE
20.1. Placing an item in a shopping basket without completing the purchase cycle does not:
20.1.1. constitute an agreement of sale between THE WINE SHACK and users cannot hold THE WINE SHACK liable if such items are not available when the purchase cycle is completed later; and/or
20.1.2. constitute an order for such an item; and
20.1.3. THE WINE SHACK may remove such an item from the shopping basket or wishlist if no stock is available.
20.2. An agreement of sale between THE WINE SHACK and a user only comes into effect if and when:
20.2.1. A credit card authorisation is received from the issuing bank; or
20.2.2. The user has enough Coupons to pay for the order and this payment option was selected.
20.3. THE WINE SHACK reserves the right to refuse to accept and/or execute an order without giving any reasons. THE WINE SHACK also reserves the right to cancel orders in whole or in part as circumstances dictate. THE WINE SHACK shall only be liable to refund monies already paid by the user.
20.4. THE WINE SHACK shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices,THE WINE SHACK will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.
- STOCK AVAILABILITY
21.1. Stocks of all goods on offer are limited. THE WINE SHACK shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, THE WINE SHACK shall only be liable to refund monies where it is unable to fulfil orders at advertised prices.
- SPECIAL OFFERS
22.1. THE WINE SHACK shall not be liable for the sale of items at lower prices if such prices were increased and users and/or purchasers could not, for any reason whatsoever, conclude an agreement of sale while such prices remained low.
22.2. If THE WINE SHACK supplies the wrong product or if the product is in any way faulty or damaged, THE WINE SHACK will exchange it for the correct one. However, if the product is no longer being offered at the special price, it will not be replaced and THE WINE SHACK will refund the purchase price including delivery costs.
- RECORDS OF TRANSACTIONS
Consumers can view or print a full record of the transaction that is maintained for a period of twelve months on the THE WINE SHACK website.
- CANCELLATION & RETURNS
24.1. You have the right to cancel your order up to 3 working days after the day following the delivery of the goods by calling THE WINE SHACK on +27 (0)823733898. You can also cancel your order by e-mail firstname.lastname@example.org.
24.2. In the event that the goods have already been dispatched at the date of receipt of your cancellation of the order, you must return the goods to us and we will refund you with the price of the goods within 30 days, beginning with the day on which notice of cancellation was given.
24.3. If you do not return the goods or fail to make them available for collection within 30 days of your order, you will be deemed to have accepted the goods and will be charged for your order.
24.4. Should the wine be found faulty, please contact us within 5 days of receipt of your order.
24.5. Cancelled and/or returned orders are subject to the delivery charges. These charges must be paid by you. However, if the wine is found to be faulty in any respect, we will not expect you to pay the shipment charges.
- CREDIT CARD REFUNDS
THE WINE SHACK processes refunds to the credit card used at the time of purchase upon receiving your returned shipment. Please allow 30 days for the refund to appear on your credit card statement. If you have made payment by any other means we will send you a cheque or will transfer the refund via Electronic Funds Transfer.
THE WINE SHACK 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,
299 Pendoring Avenue, Pendoring Office Park, Blackheath,Johanneburg.
- APPLICABLE LAW
The terms and conditions pertaining to any products or services appearing on this site or pages shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Application for any of the products or services offered on this site or pages will constitute the users 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 this site or such products or services.
- THE TERMS “THE USER” AND “YOU”
The terms “The user” and “You” are used interchangeable and refer to all individuals and/or entities accessing this web site for any reason.