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1. Introduction
1.1 The following General Terms and Conditions of Sale govern the sale and purchase of products listed on www.Lothianvineyards.com (“the Website”) from time to time (“the Products”).
1.2 Your placement of an order via the Website to purchase any Products indicates your agreement to comply with and be bound by these General Terms and Conditions of Sale, and with effect from the acceptance by us of any such order, they will form a binding contract between: You (“the Customer”) and Waterwheel Investments (Pty) Ltd (Registration Number: 2004/011880/07), trading as Lothian Vineyards, a South African limited liability company with physical address at Lothian Vineyards, Rockview Dam Rd, (“LV”, “we” or “us”). on the one hand; and
1.3 You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
2. Orders
2.1 You may place one or more orders for the purchase of Products, via the Website, from time to time.
2.2 Each order placed by you is subject to e-mail confirmation by LV, before it is deemed to have been accepted.
2.3 Please note that the Products displayed on the Website may from time to time be out-of-stock, or they may have been discontinued, and neither LV nor any Seller guarantees the availability of any Product.
2.4 Alcoholic products are not sold to persons under the age of 18 years, and LV reserves the right to refuse any order in its sole discretion. By placing an order through us, you are representing yourself to us as at least 18 years of age and that the person to whom it is being shipped is at least 18 years old. We reserve the right to ask for proof of identity before processing an order.
3. Prices, Payment and VAT
3.1 All Product prices, shipping charges (“Shipping Costs”) and other costs are stated in South African Rand (ZAR), and are inclusive of value added tax (“VAT”).
3.2 Prices and charges may change without notice from time to time.
3.3 You shall be required to make payment in respect of any order you wish to place, including shipping costs, as the final step in the order process, at the payment page, following check-out (“the Payment Page”). No order shall be deemed to have been placed by you until such time as payment for the order has been made.
3.4 All payments shall be made in accordance with the payment instructions set out on the Payment Page from time to time. Your use of any of the payment methods listed on the Payment Page is done entirely at your own risk, and neither LV nor any Seller shall be liable to you or to any third party for any loss or damage arising out of the use of any such payment method, including as a result of fraud, provided that no party shall be exempt from liability where such loss or damage is the sole and direct result of gross negligence or wilful default on the part of such party or its employees.
3.5 Should any Products that you have ordered subsequently prove to be out of stock or unavailable, you shall not be charged for the Products concerned. To the extent that you have already made payment for those Products, we shall give you the choice of ordering alternative Products to the same value, or having the amounts concerned credited to your account on the Website.
3.6 The Website will not automatically generate a tax invoice in respect of each order placed. You shall have an option to request a tax invoice, and one shall be generated and sent to you, only if so requested.
3.7 The total amount reflected at the Payment Page as being due in respect an order is inclusive of VAT required by applicable law in the jurisdiction of your shipping address.
4. Shipping
4.1 Whilst the Sellers are responsible for providing the respective Products comprising each order, LV shall be responsible for arranging the fulfilment of each order, and the delivery thereof to the relevant shipping address selected by the Customer, and LV shall use its reasonable commercial endeavours in procuring such fulfilment and delivery in accordance with these General Terms and Conditions of Sale.
4.2 Subject to availability and receipt of payment, delivery will be made to the address specified by you.
4.3 Estimated delivery time for orders to be delivered within the Republic of South Africa will range between 3 – 7 working days (being days other than a Saturday, a Sunday or officially recognised South African public holidays). Estimated delivery time for an order to be delivered outside the borders of the Republic of South Africa will be notified to you after such an order has been placed. In neither case shall LV or any Seller be liable for any failure to comply with estimated delivery times.
4.4 You acknowledge and agree that: The availability and the packaging of the Products comprising an order is the responsibility of the relevant Sellers; and Delivery of each order is undertaken by a third party contractor appointed by LV for that purpose, and the sole liability of LV and/or any Seller in case of loss or damage suffered by you or any other person arising out of the packaging, transport or delivery of any Products shall be the replacement, at no cost to you, of Products lost or damaged during transit, provided that no party shall be exempt from liability where such loss or damage arises solely and directly out of such party’s gross negligence or wilful default.
4.5 Shipping Costs, which shall include VAT, shall be for Customer’s account, and shall be payable in accordance with the provisions of clause 3 above. Should Customer have stipulated a delivery address outside the borders of the Republic of South Africa, the cost of import or customs duty is likewise for the Customer’s account, and shall be payable in accordance with the provisions of clause 3 above.
4.6 Certain of the Sellers may, in their sole discretion and without having an obligation to do so, offer free shipping on orders of their Products having an order value in excess of a particular amount. Should you be entitled to free shipping in respect of particular Products, you shall be notified at the Payment Page.
4.7 Spoilage in transit is NOT covered, EVEN if you had elected faster shipping methods or have the wine insured. Shipments are only covered for loss, theft, or breakage during shipping. We do not guarantee the quality of the wine in the bottles. Wine, especially older wine, is susceptible to age, spoilage, and heat damage. We do our best to describe the condition of the bottles when we inspect them, but do not guarantee the quality of the wine.
4.8 Every attempt has been made to describe all property as accurately as possible. LV does not warrant or represent, and deny responsibility for, the accuracy of said wine descriptions, encompassing but not limited to vintage, provenance, authenticity, quality and condition as may be stated in our website. The buyer accepts all purchases “as is”. Notwithstanding any other terms of these Conditions of Sale. Should LV receive any written claims within 5 calendar days of the purchase that any order is with a shortage, ullaged or otherwise out of condition we will not be responsible for any part or whole of the order. LV will judge any claim through inspection of the wine or by any other just means. At all times the decision of LV will be final and binding.
4.9 IF YOU CHOOSE TO SHIP YOUR ALCOHOL TO A NON-RECIPROCAL STATE, YOU ASSUME ALL RESPONSIBILITY FOR COMPLYING WITH YOUR STATE’S LAWS REGARDING ALCOHOL SHIPMENTS.
4.10 Should the Customer not be at the specified address when delivery is made, and the Product cannot be delivered; the Customer will be responsible for all delivery costs thereafter of the Product.
5. Returns
5.1 If for any reason you are not satisfied with any Product ordered via the Website, you may (subject to the provision of this clause 5) return such Product to the physical address set out below, save that Vintage and International Wines, and Products designated on the Website as non-returnable, are not returnable or refundable under any circumstances.
5.2 Returns shall be sent to the LV premises at Rockview Dam Rd, Grabouw, WC, 7160.
5.3 LV will not accept any return unless the Product that you wish to return:
• Is returned in its original packaging;
• Is sealed effectively to allow for return shipping without compromising the content;
• Is shipped within ten (10) days of the date that you received delivery of the Product;
• Is, where you are returning a number of Products that were received as part of the same order, returned in one single shipment;
• Is shipped from South Africa;
• Contains, where the Product is a bottle of wine, at least half of its contents, and is sealed effectively utilizing the original cork; and
• Is not a Product falling in the Vintage or International Wines category, or which is otherwise designated on the Website as ‘non-returnable’, together, “the Return Conditions”.
5.4 Where a Product is returned because the Product is defective, or the quality of the Product has been compromised, LV shall, provided all of the Return Conditions are satisfied and provided also that LV determines in its sole discretion that the quality of the Product has indeed been compromised, offer the Customer a choice between:
• A refund of the price paid for the Product so returned, VAT and original Shipping Costs included, in accordance with the provisions of clause 5.5 below; or
• A credit note for the value of the price paid for the Product so returned, VAT and original Shipping Costs included, to be credited against the Customer’s account on the Website.
5.5 Every attempt has been made to describe all property as accurately as possible. LV does not warrant or represent, and deny responsibility for, the accuracy of said wine descriptions, encompassing but not limited to vintage, provenance, authenticity, quality and condition as may be stated in our website. The buyer accepts all purchases “as is”. Notwithstanding any other terms of these Conditions of Sale. Should LV receive any written claims within 5 calendar days of the purchase that any order is with a shortage, ullaged or otherwise out of condition we will not be responsible for any part or whole of the order. LV will judge any claim through inspection of the wine or by any other just means. At all times the decision of LV will be final and binding.
5.6 Refunds are processed within approximately ten (10) working days of LV receiving a valid request for a refund. Each refund will be credited to the same account or payment method used to make the original purchase on the Website. If the payment was made by:
5.6.1. credit or debit card, refund times will depend on the credit or debit card company’s policies. The refund date for the credit will coincide with the date of the original payment, therefore the Customer will not be charged any interest;
5.6.2. PayPal (where available), refunds will be credited to the relevant PayPal account and will be visible immediately. The date of reimbursement to the credit card associated with the relevant PayPal account depends on the company that issued the credit card.
5.7 Where a Product has been returned for any reason other than those contemplated in 5.4 above, LV will, provided all of the Return Conditions are satisfied, issue a credit note for the amount of the price paid for the Product, VAT included, less the original Shipping Costs, to be credited to the Customer’s account on the Website.
5.8 Should LV decline to process any return on the basis that one or more of the Return Conditions has not been met, LV will notify you in writing (“the Return Refusal”).
5.9 You may, within thirty (30) days of receiving a Return Refusal, request that the Products in question be shipped back to you, at your own cost, in the condition in which they were received upon return to the LV premises.
5.10 If you do not request the return of the Products within 30 (thirty) days after receipt of the Return Refusal, you hereby authorize LV and/or any of its agents, to dispose of such Products as it sees fit, without any compensation to you, and LV shall have no liability to you arising out of such disposal, whatsoever.
6. Privacy
6.1 Any and all personal information and/or data furnished (directly or indirectly) to LV in the course of your purchase of any Products via the Website shall be handled in accordance with the terms of the LV Privacy Policy, and by placing any orders via the Website, you consent thereto.
6.2 LV recommends that you read the LV Privacy Policy, which explains LV’s online privacy practices.
6.3 The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties, but not your personal details or information.
7. No agency between Lothian Vineyards and sellers
You acknowledge that nothing in these General Terms and Conditions of Sale shall constitute a partnership, joint venture or agency agreement between LV and any Seller, in any shape or form. LV acts at all times as an independent contractor to each of the Sellers.
8. Subcontracting
Notwithstanding anything to the contrary contained in these General Terms and Conditions of Sale, LV shall be entitled, in its sole discretion, to outsource the performance of any of its obligations in terms hereof, to any third party sub-contractor, without your knowledge or consent.
9. Force Majeure
9.1 Neither LV nor any Seller (each of them “a Fulfiller”) shall be liable to you for a failure to perform any of their obligations in terms of these General Terms and Conditions of Sale where:
• Such failure was due to an impediment beyond the Fulfiller’s reasonable control;
• The Fulfiller could not reasonably have been expected to have taken such impediment and its effects upon the Fulfiller’s ability to perform into account at the time of conclusion of these General Terms and Conditions of Sale; and
• The Fulfiller could not reasonably have avoided or overcome the impediment or at least its effects.
9.2 For purposes of this clause 9, the following events (which enumeration is not exhaustive) shall be deemed to be impediments beyond the control of the Fulfiller, namely:
• War, whether declared or not, civil war, civil violence, riots and revolutions, acts of piracy, acts of sabotage;
• Natural disasters such as violent storms, cyclones, earthquakes, floods and destruction by lightning;
• Explosions, fires and destruction of plant, equipment, machinery and machines and of any kind of installations;
• Boycotts, strikes, labour unrest, industrial actions and lock-outs of all kinds, including, without limiting the generality of the aforegoing, go-slows, suspension of labour, labour disturbances, interference by trade unions, occupation of or work stoppages; and
• Acts of authority, whether lawful or unlawful, apart from acts for which the Fulfiller has assumed the risk.
9.3 Relief from liability for non-performance by reason of the provisions of this clause 9 shall commence on the date upon which the Fulfiller is first affected by the impediment, and shall terminate upon the date upon which such impediment ceases to exist.
9.4 If such impediment has not been overcome or its effect so nullified within a period of 60 (sixty) days, then either you or the fulfiller shall be entitled (as its sole remedy therefor) to cancel the order/s so affected, and no party shall have any claim against any of the others of them, arising out of such cancellation, whatsoever.
10. Disclaimers And Limitations Of Liability
10.1 LV is the producer, however LV makes no representations or warranties of any kind, express or implied, as to the Products, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.
10.2 You agree that LV will not be liable to you for loss or damage suffered by you or any other person, arising out of the purchase and/or consumption of any Product, and you hereby indemnify LV against any such loss or damage, howsoever arising, save for any claim for direct loss or damage arising as the sole result of LV’s gross negligence or wilful default.
10.3 Notwithstanding anything to the contrary contained in this Agreement, you hereby agree that neither LV, nor their employees, officers, agents and/or sub-contractors shall be liable to you for loss of profits, or indirect or consequential loss suffered by you or any third party, howsoever caused.
10.4. In the event that a court of competent jurisdiction finds that LV and/or the Seller is liable to you, you agree that the total aggregate liability of LV and/or the Seller and, the employees, officers, agents and/or sub-contractors of LV and the Seller, whether under this Agreement or in law shall be limited to an amount equal to the aggregate amount actually paid by you to LV in respect of the specific Product/s in relation to which the cause of action arose.
11. Indemnify
By placing any order via the Website, you (the Customer) acknowledge and agree that your use of the Website and your purchase of any Products via the Website, is done at your sole risk, and you hereby irrevocably indemnify each of the Sellers, LV, and their respective employees, officers, agents and sub-contractors against any claim which might be brought against them, in respect of any loss or damage suffered by you and/or any third party, arising out of your use of the Website and/or your purchase of any Products via the Website, howsoever arising, provided that no party shall be exempt from liability where the loss or damage is the sole and direct result of that party’s gross negligence or willful default.
12. Assignment
12.1 LV and/or any Seller may transfer, sub-contract or otherwise deal with its rights and/or obligations under these General Terms and Conditions of Use without notifying you or obtaining your consent.
12.2 You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these General Terms and Conditions of Sale.
12.3 You may not transfer an order to any other person.
13. General
13.1 LV reserves the right to make changes to these General Terms and Conditions of Sale, and/or the Privacy Policy, at any time. Revisions will apply from the date of the publication of the revised terms on the Website, and shall not have retrospective application.
13.2 If any provision of these General Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.
13.3 The laws of South Africa (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought in South Africa.
13.4 These General Terms and Conditions of Sale (which incorporate the Privacy Policy by reference) constitute the entire agreement between you, LV and each Seller in relation to your purchase of Products via the Website from time to time, and supersede all previous agreements in respect of your purchase of Products via the Website.
13.5 When any number of days is prescribed in these General Terms and Conditions of Sale, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a day that is not working day, in which case the last day shall be the next working day.
13.6 In the event of a conflict between the provisions of these General Terms and Conditions of Sale and the provisions of any Seller’s documentation, the provisions of these General Terms and Conditions of Sale shall take precedence to the extent of the conflict, unless otherwise agreed by LV and the Seller in writing.
13.7 The rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract, shall not apply to these General Terms and Conditions of Sale.
13.8 Any reference in these General Terms and Conditions of Sale to a party shall include a reference to that party’s assigns expressly permitted under these General Terms and Conditions of Sale and, if such party is liquidated or sequestrated, be applicable also to and binding upon that party’s liquidator or trustee, as the case may be.
BY PLACING AN ORDER OF ALCOHOL FOR DELIVERY, YOU HAVE READ, UNDERSTAND, AND ARE EXPRESSLY AGREEING WITH THE TERMS AND CONDITIONS HEREIN.