UNIWINES MARKETING (PTY) LTD: WEBSITE TERMS AND CONDITIONS

 

PLEASE NOTE:                       By accessing and using this Website, you agree to be bound by the terms and conditions set out herein, as may be amended from time to time. If you do not wish to be bound by these terms and conditions, then you may not access, display, use, download, copy or distribute any of the content of this website.

 

Introduction
Welcome to UniWines Marketing (Pty) Ltd’s website (“the Website”). The Website is provided and maintained by UniWines Marketing(Pty) Ltdand its affiliated companies (“UniWines”) for public use and information.  Use of this Website and any sale and/or purchase of UniWines 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 UniWines online shopping website or platform. Unless the context indicates otherwise, references to the Website are deemed to include the UniWines online shopping Website. All 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
UniWines 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 UniWines’s Online and Electronic Privacy Statement (“the Policy”).  You are referred to the Policy for the detail of UniWines’s commitment in this regard. Please note that UniWines 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 UniWines.  Any communication sent by UniWines through means provided by this Website must be treated as confidential and intended solely for use by the recipient.

 

Declaration & General disclaimer

You agree that your use of this Website is for lawful purposes only. You agree that you will not use this Website for any unlawful purpose, including committing a criminal offence, gaining unauthorized access to other computer systems, or transmitting unlawful material.

You furthermore agree to access and use this Website entirely at your own risk.

 

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 UniWines or are licensed to UniWines and may not be used without the prior written consent of UniWines 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 UniWines.

 

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 i.e. personal details, contact details, credit/payment card details and your delivery address, which address must be located within a delivery area as specified by UniWines from time to time. When registering, you will be required to choose a user name 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. UniWines 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 UniWines’ 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 UniWines.

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 (inclusive of VAT and exclusive of delivery), as indicated.

UniWines 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 UniWines on our Website is available to buyers in the Republic of South Africa. UniWines 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 UniWines on confirmation of any order.

 

Payment
Payment may be made by credit card or in most cases, by electronic funds transfer (EFT).

UniWines shall be authorised to debit the aggregate amount payable for the products ordered against the authorised card supplied by you when completing your order. UniWines 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 UniWines when:

  1. 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, UniWines shall indicate our acceptance of such order by confirmation    e-mail, at which point an agreement of sale is concluded between you and UniWines.

UniWines reserves the right to:

  1. 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, UniWines 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.

While effort is made to ensure that the information provided on this Website is current and accurate, 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

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.

Deliveries take place from  Monday to Friday, 10:00 until 17:00, excluding public holidays.

UniWines endeavours to effect deliveries 10 (ten) working days of confirmation of an order.

UniWines only delivers to registered customers within certain specified delivery areas.

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 may 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 as 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, the costs of which will be for your account.

On delivery of the order to the specified delivery address, you will receive a delivery note indicating the items delivered, prices, VAT and the amount to be debited or which has been debited from your card.

UniWines 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.
UniWines has outsourced all delivery and collection arrangements. Accordingly, UniWines 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.

UniWines 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.

All products purchased from UniWines are only insured by UniWines 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 UniWines 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 UniWines, within 30 (thirty) days from receipt of receiving the 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, UniWines shall be entitled to cancel forthwith any sale and/or your registration should you breach any of these terms and conditions.

You may cancel your order within 7 (seven) days of placing the order. An order is cancelled once you have notified UniWines and have received our confirmation of receipt of your cancellation notice.

If you cancel your order within 7 (seven) days of placing the order and your order has already been sent for delivery, you will be liable for any costs incurred in returning the products to UniWines.

If you want to cancel your order after 7 (seven) days of placing the order you will be liable to UniWines for the full purchase price of the product, including VAT and other expenses incurred (such as delivery etc.).

All the provisions of these Terms and Conditions which by their nature should survive cancellation shall survive cancellation, including but not limited to, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

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 UniWines and such products shall be returned and/or surrendered to UniWines following receipt of a default notice from UniWines.

 

Security

UniWines 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. UniWines does not guarantee the security of any information transmitted to it or which UniWines transmits to you. You indemnify UniWines and hold UniWines 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 UniWines 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. UniWines 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.  UniWines does not warrant that this Website or the server that makes this Website available will be uninterrupted or error-free, or that the Website or its server is free of viruses or other harmful components.

UniWines 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, UniWines disclaim all warranties of any kind, either express or implied, including but not limited to 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. This should not be construed as constituting any relationship of the linked party, and reliance on all information provided by the external link is done so at your own risk. The inclusion of any link to such websites does not imply endorsement by UniWines of the websites, their content or accuracy, or of the goods or services offered on such websites.

You may not establish a link to this Website from a third party website, without the prior written consent of UniWines.

 

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. 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

UniWines 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 UniWines may subsequently make to these terms and conditions.

 

Information Disclosure

The following in information is disclosed in terms of section 43 of the Electronic Communications and Transactions Act (ECTA), 25 of 2002:

 

 The full name of UniWines  Uniwines Marketing (Pty) Ltd
 Legal status  A company duly registered in South Africa
 Registration Details  2006/032124/07
 Place of Registration South Africa
 Directors of UniWines du Toit W.J.; Stofberg A.A.
 Physical Address Daschbosch, Voorsorg, Rawsonville
 Postal Address PO Box 174 Rawsonville
 Physical Address for receipt of legal documents Daschbosch, Voorsorg, Rawsonville
 Telephone Number +27(0) 23 349 1110/1017
 Fax Number +27(0) 86 644 3065
 E-mail address info@uniwines.co.za
 Website address www.uniwines.co.za
 Membership to self regulatory and/or accreditation bodies FSSC Certified, Wieta; BSCI; Fairtrade; IPW; ISO 22000
 Description of  products and services offered Wine products
Codes of Conduct applicable to UniWines