Please read the following terms and conditions very carefully as they set out your rights and duties when you register for the Spier Wine Club, or order any product from us.
By registering for the Spier Wine Club, or by ordering any product from us you agree that you have read, understand and are bound by these terms and conditions.
Without limiting the above, we may ask you to accept any or all of the terms and conditions when you register for the Spier Wine Club, or order any product.
If you don’t want to be bound by the terms and conditions, you must not register for the Spier Wine Club, or order any product.
You may only use the Spier website if you are of legal age to buy and consume alcoholic beverages. If you are not of not of that age, you must please exit the Spier website now.
In these terms and conditions –
· ECT Act means the Electronic Communications and Transactions Act, No 25 of 2002;
· Spier website means the website that we own and operate located at www.spierwines.co.za including any page, part or element of that website;
· we, us and our means Spier Wines (Proprietary) Limited, and includes our successors in title and/or assigns;
· you and your means you and any person who registers for the Spier Wine Club, or orders our products;
· the singular includes the plural and vice versa; and
· headings are only for reference and not interpretation.
ABOUT THE SPIER WINE CLUB
The Spier Wine Club is a customer programme we run which is available to persons in South Africa who want to buy our products. Under the programme we give benefits to the members as stated on the Spier website and in these terms and conditions.
The Spier Wine Club is operated on these terms and conditions.
MEMBERSHIP OF SPIER WINE CLUB
To become and remain a member of the Spier Wine Club you must register on the Spier website by following the procedure set out there, and you must comply with these terms and conditions.
ACCOUNT, PASSWORD AND SECURITY
When you register for the Spier Wine Club, or buy products you must give us information about yourself as prompted.
You warrant that all information you give is current, complete and accurate.
You warrant that you are 18 years old.
We may suspend or stop your membership of the Spier Wine Club if you give information that is not current, complete and accurate.
You must promptly tell us if any of the information you provided changes.
· must keep any password, account name and account information confidential and must not disclose these to third parties;
· must not circumvent, or attempt to circumvent, any of our user authentication systems;
· are entirely responsible for all payments and any activities that occur under your account;
· are liable for any damage, loss or costs that we or any third party sustain howsoever arising as a result of any of your actions, or any actions of a third party using your password, account name or account information; and
· indemnify us to the extent allowed at law against any claim howsoever arising from any use of your password, account name or account information by a third party or as a result of your breach of this clause.
You must tell us immediately if there is any unauthorized use of your account or any other breach of security.
We respect your privacy.
We won’t monitor, edit, or disclose any of your personal information or account details without your prior written permission unless we may or must do so by law.
We will try our best to protect your privacy on systems and websites that we control.
However, we are not liable for any unauthorised or unlawful disclosures of your personal information by third parties who are not subject to our control.
We don’t warrant the security of the information which you transmit to us.
You give us the right to send you updates and newsletters relating to our products. Those communications do not constitute spam. You may ask us to stop sending you those communications.
To become and remain a member of the Spier Wine Club you must buy at least 24 bottles of wine per year.
To place orders for products you must follow the procedure set out on the Spier website.
PRICING AND PAYMENT
All prices quoted include value-added tax (VAT) at 14%, but exclude delivery fees which are calculated at point of sale/check out.
We may changes prices at any time, without notice.
All products are listed subject to availability.As a member you receive a discount applicable to cellar door pricing.
You must pay all charges free of set-off, charges or deductions.
We strongly suggest that you request shipping your order to a business address.
By law we may only deliver packages containing wine to an adult (at least 18 years of age). Shipments will not be delivered if the recipient is not 18 years of age, or does not have an acceptable form of identification such as an identity document, driver's license, passport or birth certificate.
If no one is available at your requested delivery address when we deliver the products you ordered, our courier will retain the products and we will tell you about the attempted delivery. If the courier returns the products to us, you must pay for any further delivery.
We are not be liable for any loss occasioned by any delay in the delivery of any order.
By law we may only deliver products to physical addresses and may not deliver products to Post Office boxes.
Shipping and delivery is estimated based on availability of the products you ordered and receipt of your payment. Orders are confirmed by email. Delivery takes about 10 working days.
We guarantee the quality of the wines we produce, and we want you to be completely satisfied with your purchase. If, for any reason, you are not satisfied with your order, complete the return process by following these steps:
1. Log into your account,
2. view the order using the “Complete Orders” link under the “My Account” menu, and
3. click the “Return Item(s)” button.
We will notify you by email of your refund once we’ve received and processed the return product.
You may return unopened products within 30 days of delivery for a full refund if the return is a result of our error (eg you received an incorrect or defective product), or you received damaged goods.
You should expect to receive your refund within four weeks of giving your package to the return shipper. This time period includes the transit time for us to receive your return from the courier (five to ten working days), the time it takes us to process your return once we receive it (three to five working days), and the time it takes your bank to process our refund request (five to ten working days). But in many cases you will receive a refund sooner.
Where you have paid by credit card, we will process any refund to the credit card used for the purchase. In any other case, we will refund you by cheque or electronic funds transfer.
USER GENERATED CONTENT
We review user generated content (eg reviews) on the Spier website from time to time at our sole discretion to review compliance with the terms and conditions. We may reject, refuse to post or remove any user content at any time, for any or no reason, with or without prior notice and without liability.
We do not claim any ownership rights in the user content that you post to the Spier website. By supplying user content to the website, you automatically grant us the right to make such content available.
CHANGES TO TERMS AND CONDITIONS
We may change any or all of the terms and conditions without notice to you.
Any changes will become effective when we publish them on the Spier website.
You must check the Spier website and the terms and conditions regularly for changes.
By continuing to buy our products after we make the changes, you agree to be bound by the changed terms and conditions.
If you do not accept the changed terms and conditions, you must stop buying our products and deregister from the Spier Wine Club.
ADDITIONAL TERMS AND CONDITIONS
The Spier website may contain additional rules, prices or terms and conditions (additional terms and conditions).
By registering for the Spier Wine Club, or buying any product relating to the Spier website, you agree to be bound by, and comply with those additional terms and conditions.
These terms and conditions apply to the extent that there is a conflict between these terms and conditions and the additional terms and conditions.
INTERCEPTION OF COMMUNICATION
By registering for the Spier Wine Club, or buying any products you agree that we may intercept, block, filter, read and monitor any communication you make to the extent allowed by law for the purpose of conducting our business and securing our systems.
For the purposes of this clause, “intercept” and “monitor” bear the meanings given to those words in section 1 of the Regulation of Interception of Communications and Provision of Communication-related Information Act, No 70 of 2002 (RICA).
You agree that the consent above satisfies the "writing" requirement as detailed in the ECT Act and RICA.
Governing law. The terms and conditions are governed by, and are construed under the laws of the Republic of South Africa.
Jurisdiction. You submit to the jurisdiction of the courts of the Republic of South Africa.
Whole agreement. The terms and conditions constitute the whole of the agreement between us and you relating to the matters dealt with herein. No undertaking, representation, warranty, guarantee, term or condition relating to the subject matter of the terms and conditions not incorporated therein will be binding on you or us. Any change or addition to the terms and conditions will only be valid if it is made by us under the section headed “Changes to Terms and Conditions” above.
Addresses. You select as your chosen address (domicile) for the purposes of receiving legal process and notices, the address furnished when you registered for the Spier Wine Club, or ordered products. We may send you any notices (other than legal process) by email. You will promptly tell us if you address changes. We select as our address for the purposes of receiving legal process and notices the physical address specified in the section headed “ECT Act Information and Provisions” below.
Provisions are severable. Each provision of the terms and conditions is severable from the other provisions. If any provision is or becomes unenforceable for any reason, then the remaining provisions will remain binding.
Cession and delegation. You may not transfer your rights or duties under these terms and conditions. We may transfer our rights and duties under these terms and conditions without your consent.
Disputes and arbitration
All disputes arising in connection with the Spier Wine Club, the supply of products and these terms and conditions must be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (AFSA) (www.arbitration.co.za).
The parties must agree on an arbitrator, failing which AFSA must appoint an arbitrator.
The arbitration must be conducted in Cape Town, Republic of South Africa and in English.
The ruling of the arbitrator is final. The unsuccessful party must pay the legal costs of the successful party on a scale as between attorney and client.
Despite the above, we may apply to the appropriate court for urgent relief, or for judgment in relation to a liquidated claim.
ECT ACT INFORMATION AND PROVISIONS
In this section, data messages means data messages as defined in the ECT Act.
· Our full name and legal status: Spier Wines (Proprietary) Limited, registration number 1995/005471/07, a private company duly incorporated in the Republic of South Africa
· Our office bearers: Gerhard de Kock
· Our postal address: PO Box 99, Lynedoch 7603
· Our physical address, and address for receipt of legal service: Annandale Road, Stellenbosch 7600
· Our telephone number: 021 881 8400
· Our website address: http://www.spierwines.co.za
· Email address of the Spier website:email@example.com
· Membership of self-regulatory or accreditation bodies: The Industry Association for Responsible Alcohol Use
· Codes of conduct to which we subscribe: The Industry Association for Responsible Alcohol Use codes of conduct
· Description of the main services we offer: Sale of wine
· Price of services: As published on the Spier website from time to time
· Manner of payment: See section headed “Pricing and Payment” above
· Terms that apply to any transaction: Please see all the terms above
· Dispatch and delivery: See section headed “Pricing and Payment” above.
· The manner and period within which you may access and maintain a full record of transactions: Please send an email to firstname.lastname@example.org.
· Our return, exchange and refund policy: Please see sections headed “Shipping Policy”, “Return Policy” and “Refund Policy” above.
· Alternative dispute resolution: Please see the section headed “Disputes and arbitration” in the terms above. The website of the Arbitration Foundation of South Africa is located at www.arbitration.co.za.
· Duration of the agreement: Not applicable.
· Cooling-off period: There is no cooling-off period as the products we supply are beverages contemplated in section 42(2) of the ECT Act.
The information, goods and/or services advertised on the Spier website are not an offer, but merely an invitation to do business.
We are deemed to have received any message you sent only if and when we respond to your message, or when we acknowledge receipt. Despite section 23(b) of the ECT Act, we are not be deemed to have received a data message if that message was blocked, filtered and/or destroyed by our content filtering and virus security systems.
Data messages we address to you are deemed to be –
· received by you as detailed in section 23(b) of the ECT Act;
· sent from the location(s) as detailed in section 23(c) of the ECT Act; and
· sent by you from within the geographical boundaries of the Republic of South Africa.
Electronic signatures, encryption and/or authentication are not required for valid electronic communications between you and us.
Subject to the provisions of sections 43(5) and 43(6) of the ECT Act and the requirements for a valid electronic invoice issued by the South African Revenue Service from time to time, if applicable, we are under no legal duty to encrypt any content or communications from and to you and are also under no legal duty to provide digital authentication of any pages on the Spier website.
© Spier Wines (Pty) Ltd 2011
Version 1 – May 2011