NAMAQUA WINES DISTRIBUTION (PTY) LTD: TERMS AND CONDITIONS PLEASE NOTE: By using this Website you are indicating your acceptance to be bound by the terms and conditions set out herein, and as may be amended from time to time.
Introduction
Welcome to the Namaqua Wines Distribution (Pty) Ltd’s website (“the Website”). The Website is provided and maintained by Namaqua Wines Distribution (Pty) Ltd and its affiliated companies (“Namaqua) for public use and information. Use of this Website and any sale and/or purchase of Namaqua products shall at all times be subject to these terms and conditions of use. By accessing and using this Website, and placing orders through this Website, you consent to these terms and conditions of use. These terms and conditions of use may be changed in the future without further notice. Your continued use of this Website constitutes your acceptance of any such amended and/or new terms and conditions.
The Website incorporates the Namaqua online shopping website or platform. Unless the context indicates otherwise, references to the Website are deemed to include the Namaqua online shopping Website. Purchases made from the Website are subject to these terms and conditions, to the exclusion of all other terms. By shopping or browsing on this Website, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and the other policies displayed on this Website.
Privacy
Namaqua is committed to protecting your rights of privacy and will not use or disclose any legally privileged personal information to third parties other than as set out in Namaqua’s Online and Electronic Privacy Statement (“the Policy”). You are referred to the Policy for the detail of Namaqua’s policy in this regard. Please note that Namaqua may use your e-mail address submitted in connection with your messages or communications and other contact information which was submitted by you in order to communicate with you, for executing transactions and for billing purposes. We may send you information, special offers and advertising by e-mail. If you do not wish to receive such information, you may unsubscribe from this service. You do not have to provide us with your personal information to access and use this Website. The online shopping facility provided through this Website however will require registration and the provision of certain personal information. Any communication or material transmitted to the Website by electronic mail will be treated as non-confidential and non-proprietary by Namaqua. Any communication sent by Namaqua through means provided by this Website must be treated as confidential and intended solely for use by the recipient.
Terms and Conditions of Use
Sale of Liquor
To the extent that this Website may market, promote and advertise the sale of liquor products, 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 access and 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.
Proprietary Rights and Information
Trade marks, brands and logos displayed on this Website are the property of Namaqua or are licensed to Namaqua and may not be used without the prior written consent of Namaqua or another entity which may own such trade marks, brands or logos.
The content of this Website, which may include images, photographs, text and video clips, is subject to copyright law. Any unauthorised reproduction thereof or any part thereof is prohibited. You may download or print the content of this Website or any part thereof for your own private and non-commercial use, provided that you do not remove or change any trade mark, copyright or other proprietary work, or distort, mutilate or change the proprietary rights and information in a manner detrimental to Namaqua.
Registration and Online Shopping
Purchases made from the Website require registration by completing the registration section.
To register on the Website, you will be required to provide certain information including personal details, credit/payment card details and your delivery address, which address must be located within a delivery area as specified by Namaqua from time to time. When registering, you will be required to choose a user name and password. Your user name and password must be entered each time you wish to make an online purchase. Please keep your user name and password secret. Namaqua accepts no liability for any damages suffered or losses incurred from the use or misuse of your password.
To make purchases on the Website you must be over the age of 18 (eighteen) and the holder of a valid South African MasterCard, Visa, American Express or Diners Club card or similar debit or credit card (“the Card”). All use of the Card shall be subject to Namaqua’s standard terms and conditions of sale and granting of credit, as applicable from time to time.
Prices, Product Sales and Availability
All products displayed on this Website are subject to availability and will be delivered only within the Republic of South Africa in areas designated by Namaqua. In the event of a particular wine product not being available, we will contact you to suggest an alternative wine product. You are then entitled to accept the alternative(s) or such items as can be correctly delivered, or cancel your order. Prices quoted are per bottle or per case, as indicated.
Namaqua reserves the right to change prices and to add or discontinue products offered on this Website without prior notice.
Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.
Market
The online wine sales service offered by Namaqua on our Website is available to buyers in the Republic of South Africa. Namaqua 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 Namaqua on confirmation of any order.
Payment may only be made by Card, or by prior arrangement with Namaqua by electronic funds transfer (EFT).
Namaqua shall be authorised to debit the aggregate amount payable for the products ordered against the authorised card supplied by you when completing your order. Namaqua shall be entitled to debit your card on acceptance of your order and prior to delivery.
By submitting your order, you warrant that you are 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.
Confirmation of Orders
Orders placed on the Website constitute your offer to purchase subject to these terms and conditions.
An order shall be complete on confirmation of receipt of payment by Namaqua when:
- a credit card authorisation is received from the issuing bank; or 2. the exact amount has been received via EFT.
On completion of your order, Namaqua shall indicate our acceptance of such order by confirmation e-mail, at which point an agreement of sale is concluded between you and Namaqua.
Namaqua reserves the right to:
- refuse or accept any order without giving any reasons; and/or 2. cancel orders in whole or in part as circumstances dictate.
In either event, Namaqua 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.
Namaqua shall take all reasonable efforts to maintain correct prices on the Website. However, should errors occur and items are offered at incorrect prices, we will not be obliged to sell goods at such incorrect prices and any liability on our part shall be limited to a refund of monies already paid by the customer.
Delivery
Namaqua delivers from Monday to Friday, 10:00 until 17:00, excluding public holidays. Namaqua endeavours to effect deliveries within 10 (ten) working days of confirmation of an order unless you have chosen to receive delivery at a later date. Namaqua only delivers to registered customers within certain specified delivery areas.
Delivery of liquor products as per confirmed orders will be made to the nominated address on your order.
All deliveries made will be by road freight directly to your nominated address unless otherwise stated in our confirmation of order.
All liquor products delivered must be signed for on delivery. If no one is available at the nominated address when delivery is attempted, the liquor products will be retained by the courier, in which case notification of the attempted delivery will be given.
The delivery of liquor products will require proof of age on delivery. Failure to supply such proof will render the sale null and void. For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf. On delivery, the person accepting delivery shall be required to sign and print his/her name against a duplicate copy of the delivery note as confirmation of delivery. Should no one be in attendance at the time of delivery, the courier will retain the products and a notice will be left at the delivery address to this effect. Our representative will
attempt to contact you to make new arrangements for delivery or collection. On delivery of the order to the specified delivery address, you will receive a Namaqua delivery note showing the items delivered, prices and value-added tax and the amount to be debited or which has been debited from your card. Namaqua reserves the right to charge an additional delivery fee should it be required to make a further delivery or collection if no one is at the delivery address to receive the products. Namaqua has outsourced all delivery and collection arrangements. Accordingly, Namaqua 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.
Namaqua 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 wine products ordered from us after delivery has been made to your nominated delivery address. Liquor products are only insured by Namaqua up to the point of delivery. For the sake of clarity, it is recorded that 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 Namaqua in the confirmation of order and international buyers agree to be bound to such terms when placing any orders in terms hereof.
Returns
Your satisfaction is our main priority. If, for any reason, you are dissatisfied with the quality of our wine products, please contact us and return the wine products at your cost within 7 (seven) days of delivery of your order.
If the wine products were indeed faulty in any respect when delivered to you, we will issue a replacement, or refund you the price of the wine products, as well as the cost of delivery to return the wine products to Namaqua, within 30 (thirty) days from receipt of returned wine products.
You will be deemed to have accepted the order should you not return the wine products within the 7 (seven) day period referred to above.
Unfortunately, we cannot replace or refund you for any case where the wine products do not meet personal preference.
You are more than welcome to contact us for any advice on wine selection prior to purchase.
Cancellation
Without prejudice to any other rights or remedies in law, Namaqua shall be entitled to cancel forthwith any sale and/or your registration should you breach any of these terms and conditions.
You may only cancel your order within 24 (twenty four) hours of placing the order. An order is cancelled once you have notified Namaqua and have received our confirmation of receipt of your cancellation notice.
If you have already paid for your order and have also received an e-mail notifying you that your order has already been shipped, Namaqua reserve the right to charge a deduction rate equal to 10% of the purchase retail price for administration expenses.
Records of Transactions
Customers may access a full record of their transaction/purchase history via logging into their account on our Website. Records shall be maintained for a period of 12 (twelve) months on our Website.
Risk and Ownership
Risk in the products shall pass to you upon delivery at the nominated delivery address or to the person accepting delivery on your behalf. Until payment is received in full for any products, ownership in the products shall remain with Namaqua and
such products shall be returned and/or surrendered to Namaqua following receipt of a default notice from Namaqua.
Security
Namaqua will endeavour to ensure that your user name, password, personal information and Card details are protected. Please bear in mind that transactions through the internet are not secure. Namaqua does not guarantee the security of any information transmitted to it or which Namaqua transmits to you. You indemnify Namaqua and hold Namaqua harmless against any loss or damage suffered or liability incurred arising from your failure to keep your account details (including user names and passwords) secure.
Disclaimer
The information on this Website is intended for general information purposes only. While Namaqua endeavours to ensure that the information provided is accurate and complete it does not guarantee the accuracy, reliability or completeness of any information published on this Website.
Your use of the Website is at your own risk. Namaqua shall not be held responsible for any claim, loss, injury or damage, whether direct or indirect, arising out of the use of this Website and/or goods and/or services available from or through this Website. Namaqua does not warrant that this Website or the server that makes this Website available is free of viruses or other harmful components.
Namaqua shall not be liable for any negligent act or omission of any of its officers, employees or agents arising from the use of this Website.
To the extent permissible pursuant to applicable law, Namaqua disclaims all warranties of any kind, either express or implied, including but not limited to the fitness of our wine 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.
Links
Our Website may provide links to other Websites operated by third parties. The inclusion of any link to such websites does not imply endorsement by Namaqua of the websites, their content or accuracy, or of the goods or services offered on such websites. Your linking to any such other websites occurs at your own risk. You may not establish a link to this Website from a third party website, without prior written consent of Namaqua.
Enforceability
Each provision of these terms and conditions shall be severable from the other terms and conditions. Should any provision be found invalid or unenforceable, the remaining provisions of these terms and conditions shall nonetheless remain binding and continue to apply.
Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of South Africa in respect of any dispute arising in connection with your use of this Website, or these terms and conditions or any matter related to or in connection therewith.
Variation
Namaqua 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 Namaqua may subsequently make to these terms and conditions.
Information Disclosure
The following information is disclosed in terms of section 43 of the Electronic Communications and Transactions Act (ECTA), 25 of 2002:
The full name of Namaqua Namaqua Wines Distribution (Pty) Ltd Legal status A company duly registered in South Africa Registration Details 1952/000409/07
Place of Registration South Africa
Directors of Namaqua PAE Colyn, CJ Brand and NEJ Laubscher Physical Address 17 Circle Road, Vredendal, 8160 Postal Address PO Box 75, Vredendal, 8160 Physical Address for receipt of legal documents 17 Circle Road, Vredendal, 8160 Telephone Number 027 – 2131080
Fax Number 027 – 2133476
E-mail address info@namaquawines.com WebWebsite address www.namaquawines.com
Membership to self regulatory and/or accreditation bodies
FSSC Certified; Wieta; BSCI
Description of products and services offered Wine products Codes of Conduct applicable to Namaqua N/A