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Terms & Conditions

1. ABOUT US

1.1 KWV SA (Pty) LTD. with registration number 1997/020814/07 trading as
KWV Wine Emporium, and offers a simple, safe and convenient way to buy our
products.
1.2 This Terms & Conditions is applicable to all ecommerce and orders that are generated
through any KWV related website and facebook page.

2. USE OF SITE

2.1 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.
2.2 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.
2.3 You may only use this site, and buy our products, if you are 18 years of age or older.
2.4 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.

3. ACCEPTANCE OF TERMS.

3.1 The services, products, materials and information offered by means of the use of this
website and/or the online services feature are provided to you, as the User, subject to
your acceptance of the terms and conditions of this agreement.
3.2 When using, browsing or accessing this website and/or online services, you accept all
the terms and conditions of this agreement, including, in particular, the
limitations on use, liability and warranty set out hereunder.
3.3 When you accept this Terms and Conditions and register to the KWV Wine
Emporium, you warrant that you are at least 18 years old and that the information
you provide is current, complete and accurate.

4. DISCLAIMER OF WARRANTY IN TERMS OF SITE CONTENT

The contents of this site are provided “as is” without warranty of any kind, either expressed or
implied, including but not limited to warranties of merchantability, fitness for a purpose and noninfringement.
The owner of this site, the authors of these contents and in general anybody
connected to this site in any way, from now on collectively called “Providers”, assume no
responsibility for errors or omissions in these contents. The Providers further do not warrant,
guarantee or make any representation regarding the safety, reliability, accuracy, correctness or
completeness of these contents. The Providers shall not be liable for any direct, indirect,
general, special, incidental or consequential damages (including -without limitation – data loss,
lost revenues and lost profit) which may result from the inability to use or the correct or incorrect
use, abuse, or misuse of these contents, even if the Providers have been informed of the
possibilities of such damages. The Providers cannot assume any obligation or responsibility.
The use of these contents is forbidden in those places where the law does not allow this
disclaimer to take full effect.

5. CHANGES TO TERMS & CONDITIONS AND WEBSITE

We reserve the right to:
5.1 Modify or withdraw, temporarily or permanently, the Website (or any part of) with or
without notice to you and you confirm that we shall not be liable to you or any third party
for any modification to or withdrawal of the Website; and/or
5.2 Change these Conditions from time to time and your continued use of the Website (or
any part of) following such change shall be deemed to be your acceptance of such
change. It is your responsibility to check regularly to determine whether the Conditions
have been changed. If you do not agree to any change to the Conditions then you must
immediately stop using the Website.
5.3 Use our reasonable Endeavour’s to maintain the Website. The Website is subject to
change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of
all or part of the Website due to circumstances beyond our control.
5.4 All prices are subject to change without notice.

6. PRIVACY POLICY & USE OF YOUR E-MAIL FOR OUR MARKETING MAILING LIST

We are committed to protecting your privacy. This privacy policy applies to all the web pages
related to this website.
All the information gathered in the online forms on the website is used to personally identify
users that subscribe to this service. The information will not be used for anything other than
which is stated in the Terms & Conditions of use for this service. None of the information will be
sold or made available to anyone.
The Site may collect certain information about your visit, such as the name of the Internet
service provider and the Internet Protocol (IP) address through which you access the Internet;
the date and time you access the Site; the pages that you access while at the Site and the
Internet address of the Web site from which you linked directly to our site. This information is
used to help improve the Site, analyze trends, and administer the Site. We may need to change
this policy from time to time in order to address new issues and reflect changes on our site. We
will post those changes here so that you will always know what information we gather, how we
might use that information, and whether we will disclose that information to anyone. Please
refer back to this policy regularly. Your continued use of the website following the posting of
changes to these terms will mean that you accept those changes.
By registering on kwvwineemporium.co.za, you agree to be automatically subscribed to our
marketing mailing list permitting us to send you newsletters and information about our website,
events, etc. You will have the opportunity to UNSUBSCRIBE at any time, by clicking on the
unsubscribe link contained within any of our communications.
kwvwineemporium.co.za will not sell, share, or rent your email address or any other personal
information collected on this site. We will take all measurable steps to ensure that your details
remain confidential at all times.
If you have any questions or concerns about our privacy policy or use of your e-mail for our
marketing mailing list, please send us an E-mail. By using this website, you signify your acceptance of our Privacy Policy and Use Of Your E-mail For Our Marketing Mailing List. If you
do not agree to this policy, please do not register on our site.

7. COOKIE/TRACKING TECHNOLOGY

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.

8. THIRD PARTY LINKS

In an attempt to provide increased value to our Users, we may provide links to other websites or
resources. You acknowledge and agree that we are not responsible for the availability of such
external sites or resources, and do not endorse and are not responsible or liable, directly or
indirectly, for the privacy practices or the content (including misrepresentative or defamatory
content) of such websites, including (without limitation) any advertising, products or other
materials or services on or available from such websites or resources, nor for any damage, loss
or offence caused or alleged to be caused by, or in connection with, the use of or reliance on
any such content, goods or services available on such external sites or resources.

9. PRODUCT AVAILABILITY AND DELIVERY POLICY

When you click to make a purchase with us legal obligations arise and your right to refund of
monies paid in any way agreed by us are limited by our terms & conditions. You must not make
any purchase through this site unless you understand and agree to all our terms and conditions.
Once payment is made for the purchase, it is deemed that you have read and understood the
terms and conditions for such purchase. If you have any queries please contact us before
making any purchase for any product or service through this website.

10. SHIPPING POLICY

We can not guarantee that the product you order will be in stock at the time of order. Please
feel free to contact us to enquire on stock availability prior to placing your order.
Every effort is made to effect shipment of your order timeously however unforeseen
circumstances may cause delays. Should we be faced with such an occurrence
kwvwineemporium.co.za will endeavour to contact you and provide a revised shipping
schedule.
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.
Occasionally packages are returned to us undeliverable. Should this event take place every
attempt will be made to contact you to make arrangements for re-shipment

11. DELIVERY CHARGES

The price of products advertised on the kwvwineemporium.co.za website exclude delivery
charges which are additional unless stated otherwise.
Delivery charges will be calculated and presented to you during the checkout process. These
delivery charges as calculated by the kwvwineemporium.co.za online shopping system during
checkout are only applicable to major centres and do not sufficiently cover the cost of deliveries
to outlying areas, plots, hospitals, universities, shopping centres and other non residential type properties. Delivery charges as calculated by the kwvwineemporium.co.za online shopping
system are therefore subject to change and we reserve the right to re-quote you on delivery
should the actual cost of delivery exceed the kwvwineemporium.co.za online shopping system
generated quote. Should the delivery costs change, kwvwineemporium.co.za will inform you
and you will have the choice to either pay in the difference or cancel your order which if paid for
already will entitle you to elect a credit on your account or an immediate refund in full. In the
case of an immediate refund on an EFT payment, funds may only reflect in your account a day
or two following the actual refund – this is beyond our control. In the case of an immediate
refund on a credit card purchase, funds may take up to 10 days to reflect back in your account
following the actual refund – this is beyond our control.
Please ensure the correct shipping address is provided from the outset as title and risk will pass
to you once the order has left our premises.

12. PRODUCT AVAILABILITY AND REFUND POLICY

kwvwineemporium.co.za reserves the right to cancel your order even if payment has been
made should the product not be in stock with kwvwineemporium.co.za or our suppliers. Should
kwvwineemporium.co.za cancel your order we will offer you a choice of either placing the
product(s) on back order (price is subject to change and exchange rate fluctuations), a credit on
your account or an immediate refund in full. In the case of an immediate refund on an EFT
payment, funds may only reflect in your account a day or two following the actual refund – this is
beyond our control. In the case of an immediate refund on a credit card purchase, funds may
take up to 10 days to reflect back in your account following the actual refund – this is beyond our
control.
Where you agree to have your products placed on back order you are hereby informed that the
date the goods are expected to arrive are subject to change due to circumstances beyond our
control as well as the price being subject to change due to circumstances beyond our control
and subject to exchange rate fluctuations which are beyond our control. Should the price
change, kwvwineemporium.co.za will inform you and you will have the choice to either pay in
the difference or elect a credit on your account or an immediate refund in full.

13. ORDER PROCESSING

Order processing will not begin until we receive a confirmed order and full payment reflects in
our bank account.

14. RETURNS POLICY

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, follow the return
process as indicated on the website.
Prior to returning faulty products you agree to contact us first so that we can provide you with
the necessary details to effect the return.
Unwanted goods may be returned for a refund within 7 days from having received your order on
condition that all returned goods are returned in their original packaging, along with all the
original contents. All unwanted goods are subject to a 15% restocking fee. Delivery fees will not
be refunded and the cost of returning the goods will be for your account.
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.

15. YOUR ACCOUNT

As a registered user of the Services, you will be required to establish an account. Never
reveal your account information, log in and/or password to anyone. You are responsible for
keeping last mentioned confidential and for any activity on your account. If you suspect a breach of this security you have to inform the Company without delay and on receipt, the
Company may reject any orders not yet executed and deactivate your access codes and
account. The Company will not be responsible for any losses due to the unauthorized use of
the account.

16. LIMITATION OF LIABILITY

The use of this website and online services is on the User’s own risk. The Company, its
subsidiaries, affiliates, agents, officers, directors, employees, partners or suppliers will not be
liable to the User or any third party for any damages whatsoever, the Company provides the
Services with the following LIMITATIONS ON ITS LIABILITY to the maximum extent
permitted by law.

17. INDEMNITY

The Company and its subsidiaries, affiliates, officers, agents, partners, employees and
suppliers will not be liable, the Company provides the Services with the
following LIMITATIONS ON ITS LIABILITY to the maximum extent permissible by law, for
any claim or demand, including reasonable attorneys’ fees, made by any third party due to or
arising out of (a) the User’s use of the website and online services; (b) the User’s violation of
these terms and conditions or (c) the User’s violation of any law, rule or regulation or the
rights of any other person or entity.

18. ACCURACY OF INFORMATION AND PRODUCTS

The website and online services and other services, products and materials could include
technical or other mistakes, inaccuracies or typographical errors. The Company may make
changes to the website, online services, other services, information, products and materials,
including the prices and descriptions of any products, at any time, without notice to you.

19. GOVERNING LAW AND JURISDICTION

These terms and conditions will be governed by and construed in accordance with the laws in
force in the Republic of South Africa in a South African Court.

20. PAYGATE

20.1 KWV Wine Emporium uses PayGate for accepting payment by credit card and EFT.
PayGate is a payments processing service for South Africans and South African
websites. KWV Wine Emporium thus, does not obtain your card details, PayGate
processes your payment and forwards the payment to us. You will be sent a payment
confirmation email from PayGate immediately once your payment has completed
successfully. For PayGate terms and conditions please visit their website
www.paygate.co.za.
20.2 Payment methods:
20.2.1 Through PayGate:
When you are checking out, and get redirected to PayGate’s web page to make
payment, you have two options for making payment. Each option requires you
to enter in a password and a profile is automatically generated for you on the
PayGate website. Their methods are:
20.2.2 EFT – This will allow you to make an EFT payment through your bank’s online
banking service.
20.2.3 Credit Card (Mastercard or VISA) – This will allow you to make a payment using
your credit card details.
20.2.4 Through other means:
Please contact us should you wish to make payments via another method.
20.2.5 Applicable law and disputes
By visiting kwvwineemporium.co.za you agree that the laws of South Africa will govern these
Terms of Service and any dispute that might arise between you and KWV Wine Emporium. Any
disputes relating to your visit to kwvwineemporium.co.za or to products you purchase through
kwvwineemporium.co.za shall be submitted to arbitration in Cape Town, South Africa, 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 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.

21. GIFT VOUCHER TERMS & CONDITIONS

21.1 These conditions apply to Gift Vouchers which have been purchased from
kwvwineemporium.co.za.
21.2 Gift Vouchers have a coupon code with a random combination of letters and numbers
and can be redeemed at kwvwineemporium.co.za on any purchase made.
21.3 If the value of an order exceeds the value of the Gift Voucher the balance must be paid
by EFT / Electronic Bank Transfer.
21.4 If the full amount of the voucher is not redeemed, the balance will be given by way of a
new Gift Voucher. Gift Voucher balances and refunds are also subject to these terms
and conditions and are additionally not assignable or transferable.
21.5 Gift Vouchers cannot be used to buy further Gift Vouchers.
21.6 It is possible to redeem one or more Gift Vouchers against an order; however, it is not
possible to combine the use of Gift Vouchers with Promotional and Discount Vouchers.
21.7 Gift Vouchers and unused portions expire 6 months from the date of issue of the original
Gift Voucher. Gift Vouchers are not transferable and have a cash redemption value of
R0.00. Gift Voucher balances and refunds are not transferable and also have a cash
redemption value of R0.00.

22. ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 INFORMATION AND PROVISIONS

In this section, data messages means data messages as defined in the ECT Act.
· Our full name and legal status:
KWV SA (Pty) LTD, registration number 1997/020814/07, a private company duly
incorporated in the Republic of South Africa trading as KWV Wine Emporium
· Our office bearers:
Maya Friederich
· Our postal address:
PO Box 528, Paarl,7620.
· Our physical address, and address for receipt of legal service:
KWV Wine Emporium, Kohler Street, 7646.
· Our telephone number:
021 807 3007/8
· Our website address:
www.kwvwineemporium.co.za
· Email address of the KWV Wine Emporium website:
the_wine_emporium@kwv.co.za / friederichm@kwv.co.za
· 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 and spirit
· Price of services:
As published on the KWV Wine Emporium website from time to time
· Manner of payment:
PAYGATE
· Terms that apply to any transaction:
Please see all the terms above
· Dispatch and delivery:
See section headed “SHIPPING PLOCI and DELIVERY CHARGES” above.
· The manner and period within which you may access and maintain a full record of
transactions:
Please send an email to the_wine_emporium@kwv.co.za / friederichm@kwv.co.za
· 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.
· Security procedures and privacy policy:
Please see the terms and conditions above.
· 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 KWV Wine Emporium Website or
any other KWV related 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
KWV website.
For more information on how to order, special order requirements and other payment
options, you can contact kwvwineemporium.co.za as follows:
CALL : 021 807 3007/8
E-MAIL : the_wine_emporium@kwv.co.za / friederichm@kwv.co.za
LIQUOR LICENCE : WCP/011857