Terms & Conditions

  1. About these terms
    • These terms and conditions (herein “Terms“) apply to the online ordering platform of The Wine Farmer Proprietary Limited (herein “Retailer“), which platform is available at http://thewinefarmer.co.za (herein “Retailer Website“).
    • By transacting on the Retailer Website, you (herein “you” or “Customer”) signify that you have read, understand and agree to be bound to these Terms. If you do not understand or agree to these Terms, as may be amended from time to time, or are not legally entitled to agree for any reason, you may not transact on the Retailer Website.
  2. Consumer protection legislation
    • The Consumer Protection Act, No. 68 of 2008, the Electronic Communications and Transactions Act, No. 25 of 2002 (herein “ECTA“), and other applicable consumer protection legislation may apply to these Terms.
    • Your special attention is drawn to the paragraphs in these Terms marked in bold, as such clauses may:
      • limit the liability of the Retailer or a third party;
      • constitute an assumption of risk or liability by you;
      • impose an obligation on you to indemnify the Retailer or any other person; or
      • be an acknowledgement by you of any fact.
  1. Offer to purchase goods
    • You agree that by transacting on the Retailer Website, you are making an offer to the Retailer to purchase goods on the terms contained herein and at the prevailing price of the goods as indicated on the Retailer Website at the time of submission of your offer on the Retailer Website. All prices are subject to change without prior notice.
    • The Retailer shall be entitled to accept or reject your offer at its sole discretion.
    • Payment for all goods ordered on the Retailer Website shall be made via Payfast, without deduction, set-off or the cost of transfer of funds.
  2. Delivery of the goods
    • When you purchase goods on the Retailer Website, the Retailer will cause the goods to be delivered to the address nominated by you in writing to the Retailer. The Retailer will endeavour to deliver the ordered goods to you via its nominated third-party transporter as soon as reasonably possible after you receive confirmation of your order, but in any event within the delivery timeframes communicated to you when your order was
    • As soon as possible after receiving the goods, you agree to examine the goods to ascertain whether they conform to your order. Should you be requested to do so by the Retailer, you agree to sign a written acknowledgement of receipt of the goods, including of the condition in which they were received.
    • Should you at any time require a full record of your accepted order, then you may contact the Retailer to request same. The Retailer shall thereafter provide you with a full record of your transaction within 3 (three) Business Days.
  3. Stock availability
    • The Retailer cannot guarantee the availability of stock, despite advertising a particular product on the Retailer Website. As such, acceptance of your offer to purchase goods shall be communicated to you by delivery of the goods to the address nominated by you in writing to the Retailer.  This is regardless of any communication from the Retailer to the effect that your order or payment has been confirmed.
    • If the Retailer is unable to make timeous delivery of any ordered goods (or any part thereof) due to those goods being unavailable, or if the Retailer rejects your order in its sole discretion, then the Retailer will notify you thereof in writing without undue delay. If payment of any amount has already been made by you, the Retailer shall refund such amount to you within 30 (thirty) calendar days without any further liability on the Retailer.
  4. Return, exchange and refund policy
    • Non-conforming goods
      • Should the goods delivered to you not conform to your order, then you shall be entitled to return such goods to the Retailer within 10 (ten) Business Days of delivery and to, at your election, either receive a full refund or replacement goods which conform to your order.
      • The Retailer shall be entitled to deduct from any refund as aforesaid a reasonable amount for:
        • consumption or depletion of the goods, unless such consumption or depletion was reasonably necessary to determine whether the goods conform to the description thereof in your offer; and
        • necessary restoration costs to render the goods fit for re-stocking, unless you were necessitated to destroy the packaging in order to determine whether the goods conform to the description thereof in your offer.
      • Defective goods
        • For purposes of this clause, “defect” shall mean any material imperfection in the manufacture or composition of goods that renders the goods less acceptable or safe than would otherwise be reasonably expected in the circumstances.
        • Should it appear during the first 6 (six) months after delivery of goods to you that the goods are defective, then you shall be entitled to require of the Retailer to replace the defective goods (provided that the goods were provided to you in such defective condition).
  1. Promotion and sale of liquor
    • The Retailer sells liquor under liquor licence number FSP/000274.
    • Given that the sale of liquor is promoted and facilitated thereon, use of the Retailer Website is not intended for persons under the age of 18 years and you are advised that liquor may by law not be sold or supplied to persons under the age of 18 years. The Retailer reserves the right to verify your age, and the age of any person receiving any liquor when it is delivered, and to refuse to hand over any liquor if it is unable to verify that both the purchaser and recipient are at least 18 years old, and/or if the recipient appears to be intoxicated.  You warrant that both you and the recipient of the goods are at least 18 years old, and undertake that the recipient of the goods will demonstrate reasonable proof of their age, for instance by showing their driver’s licence.
  2. Personal information
    • In order to place an order on the Retailer Website, you may be required to provide certain personally-identifiable information (herein “Personal Information“).  Any Personal Information which you provide will be processed in accordance with the Retailer’s privacy policy available at […].   
  3. Copyright
    • You agree that all right, title and interest in and to the Retailer Website, including any intellectual property in the Retailer Website and/or any content on the Retailer Website and any adaptations to or derivatives thereof, shall vest in the Retailer.
    • You agree not to use, distribute or reproduce the Retailer Website or any portion thereof unless expressly authorised to do so in writing by these Terms.
  4. Breach
    • Should you:
      • breach any provision of these Terms and remain in breach for 7 (seven) Business Days after the Retailer has given written notice to rectify that breach;
      • breach a material term or warranty set out in these Terms that is not capable of remedy; or
      • repudiate on your obligations under these Terms by acting in a manner that evidences the intent not to be bound hereto,

then the Retailer shall be entitled, without prejudice to any other rights or remedies which the Retailer may have in law or otherwise (including the right to claim damages), to sue for the immediate specific performance of any obligations under these Terms or to cancel any engagement with you hereunder, which cancellation shall take effect on the giving of the notice of cancellation.

  1. Limitation of liability and indemnity
    • To the maximum extent permitted by law, the Retailer will not be liable for any cost, claim, damage, loss, injury or other adverse consequence (herein “Adverse Consequence”) arising from the use by any person of the Retailer Website, any goods provided by the Retailer, as well as for the lack of availability of the Retailer Website and/or any goods listed on the Retailer Website. Without limiting the aforegoing, the Retailer will not be liable for any consequential, indirect, special, punitive or similar damages, howsoever arising.
    • To the maximum extent permitted by law, you agree to indemnify the Retailer from any Adverse Consequence arising from any order for goods or use of goods provided by the Retailer, as well as any breach of these Terms by you.
  2. Force majeure
    • For purposes of these Terms, a “Force Majeure Event” shall mean an event:
      • caused by force majeure, vis major and casus fortuitus or an event which was otherwise beyond a party’s reasonable control (for instance war, civil unrest, sabotage, pandemics, disaster and failure of systems at a national level); and
      • which could not reasonably have been avoided or overcome;
      • but shall exclude obligations to make payments that have become due and payable in terms of these Terms prior to the event taking place.
    • Notwithstanding anything to the contrary, the Retailer shall not be liable for any non-performance insofar as the Retailer can prove the existence of a Force Majeure Event. Relief from liability as aforesaid shall commence on the date upon which the Retailer gives written notice of the impediment relied upon and shall terminate upon the date upon which such impediment ceases to exist.
  3. Arbitration
    • In this clause, “AFSA” means Arbitration Foundation of Southern Africa, or should it cease to exist for any reason, such other independent body or person as may be agreed between you and the Retailer (herein collectively “Disputing Parties“) in writing and failing such agreement without undue delay, the independent body or person nominated by the Western Cape provincial director of the Legal Practice Council (or his/her successor-in-title) upon written request from any Disputing Party, which determination shall be final and binding on the Disputing Parties.
    • Save as otherwise specifically provided elsewhere in these Terms, any dispute arising out of or pursuant to these Terms shall be finally resolved by arbitration in Cape Town in accordance with the rules agreed upon between the Disputing Parties in writing within 7 (seven) Business Days after the arbitration has been demanded, failing which in terms of the Expedited Rules of AFSA. The proceedings shall be presided over by an arbitrator or arbitrators agreed to between the Disputing Parties in writing, failing such agreement within 7 (seven) Business Days after the arbitration has been demanded, an arbitrator or arbitrators as appointed by AFSA having regard to the nature of the dispute.
    • A written demand by a Disputing Party in terms of clause 2 shall be deemed as a legal process for the purpose of interrupting extinctive prescription in terms of the Prescription Act, No. 68 of 1969.
    • Notwithstanding the provisions of this clause, any Disputing Party may approach a court on an urgent basis for interim relief or for such other relief not capable of being obtained by way of arbitration proceedings in general.
  4. Interpretation
    • In these Terms, “Business Day” means any day which is not a Saturday, Sunday or official public holiday in the Republic of South Africa.
    • When any number of days is prescribed in these Terms, it shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a day which is not a Business Day, in which case the last day shall be the following Business Day.
    • Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail. Words denoting one gender shall be deemed to include the other genders.  The singular includes the plural and vice-versa.
    • Unless the context shows otherwise, a clause which includes a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it (i.e. the application of the eiusdem generis rule of interpretation is excluded).
    • The rule of interpretation that a contract shall be interpreted against the party responsible for the drafting and preparation thereof (the contra proferentem rule) shall not apply.
  5. About the Retailer
    • For purposes of the ECTA, the Retailer makes available the information listed in this clause.
    • The Retailer is a private company duly incorporated in accordance with the laws of the Republic of South Africa under registration number 2020/496063/07 and with:
      • Name of office bearers: Messrs William Frederick Waugh and Francois                                                                         Arnoldus Rossouw;
      • Registered physical address: 36 Noord Street, Koppies, Free State Province, 9540;
      • Postal address: O. Box 555, Hermanus, Western Cape, 7200;
      • Facsimile: N/A;
      • Telephone number: +27649009243;
      • Website address: [http://thewinefarmer.co.za];
      • Email address:                kwagga@thewinefarmer.co.za;
      • Self-regulatory or accreditation bodies: SAWIS; and
      • Code of conduct to which subscribes:
    • The Retailer has to date not been:
      • found guilty of any offence involving dishonesty punishable by criminal imprisonment without the option of a fine; or
      • placed under liquidation or judicial management.
  1. General
    • No assignment. The Retailer may upon written notice to you transfer any or all of its rights and obligations in terms of these Terms to a third party.  You are not entitled¸ without the prior written consent of the Retailer, to transfer any right or obligation arising from these Terms to another party (including transfer by way of cession, assignment, delegation, sale, merger, operation of law or otherwise).
    • Applicable law. These Terms shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.  Unless and to the extent expressly agreed otherwise in these Terms, the High Court of South Africa, Western Cape Division, shall have exclusive jurisdiction to hear any disputes that may arise from these Terms.
    • The Retailer reserves the right to revise these Terms from time to time without prior notice to you, with the revised terms taking effect on the date of its publication on the Retailer Website.  It is your responsibility to stay informed of all such changes, and your continued use of the Retailer Website will constitute your deemed acceptance to be bound by such changes.
    • Relaxation. No failure or delay on the part of the Retailer to enforce its rights shall in any circumstances be construed as a consent, election, limitation or waiver of rights by the Retailer.
    • Severability. All the clauses of these Terms are, notwithstanding the way they have been grouped together or linked grammatically, severable from each other.  Any provision of these Terms which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever otherwise than as result of a breach of these Terms, in such jurisdiction only and only to the extent that it is so unenforceable, shall be treated as pro non scripto and the remaining provisions of these Terms shall remain of full force and effect.
    • Cost of legal services. Each party shall be responsible for their own legal costs in the conclusion of these Terms.  Should the Retailer instruct attorneys to take any steps to enforce any rights in terms of these Terms arising from a breach thereof, then you shall be liable for all legal and incidental costs, including legal fees on the attorney and own client scale, collection commission and tracing charges.
    • Notices. The parties choose the following addresses as their physical addresses for legal service of documents:
      • The Retailer: the address set out in clause 2.2.
      • The Customer: the address that you provide to the Retailer when making a purchase on the Retailer Website. You may change this address to any other physical address within South Africa by giving the Retailer at least 10 (ten) calendar days’ prior written notice of the change.
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