- Our terms contain specific provisions to limit our liability. These terms have been set out in capital letters. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our web site.
- Please take note that promotions are subject to specific Terms & Conditions which may be different to the general Terms & Conditions listed below.
SECTION 1: GENERAL INFORMATION AND TERMS
Listed below is some general information about www.inVINcible.wine
- GENERAL INFORMATION
“We” are www.inVINcible.wine and is owned and operated by Boekenhoutskloof Winery (Pty) Limited, and “us”, “we” and “our” have corresponding meaning herein.
We are a division of a private company incorporated in accordance with the laws of the Republic of South Africa with registration number 2005/019950/07.
Our chief executive officer is Marc Kent.
Our postal address is PO Box 433, Franschhoek, 7690, South Africa.
Our address of establishment is at Boekenhoutskloof, Excelsior Road, Franschhoek, Western Cape, South Africa and we will accept service of all legal documents there.
Our trading premises is at inVINcible wine shoppe/wine bar, Shop 2 Centre du Village, Huguenot Rd, Franschhoek, 7690, South Africa.
Our telephone numbers are Tel: 021 204 5500.
Our e-mail address is hello@inVINcible.wine
Our VAT number is 452 0224 314.
Our webmaster can be contacted at hello@inVINcible.wine
Products mean any goods or other products that are made available by us via this website;
We, us and our means Boekenhoutskloof Winery (Pty) Limited (and, unless the context indicates otherwise, its owners, employees, suppliers, internet service providers, agents and affiliates);
You mean the user of this website;
Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the terms;
- GENERAL TERMS & CONDITIONS OF USE FOR THIS WEBSITE
By accessing the website at http://inVINcible.wine, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
3.1 USE LICENSE
3.1.1 Permission is granted to temporarily download one copy of the materials (information or software) on inVINcible.wine’s website for personal, non-commercial transitory viewing only. This is the grant of a licence, not a transfer of title, and under this licence you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on inVINcible.wine’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
3.1.2 This licence shall automatically terminate if you violate any of these restrictions and may be terminated by inVINcible.wine at any time. Upon terminating your viewing of these materials or upon the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3.2.1 The materials on inVINcible.wine’s website are provided on an ‘as is’ basis. inVINcible.wine makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
3.2.2 Further, inVINcible.wine does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall inVINcible.wine or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on inVINcible.wine’s website, even if inVINcible.wine or a inVINcible.wine authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
3.4 ACCURACY OF MATERIALS
The materials appearing on inVINcible.wine’s website could include technical, typographical, or photographic errors. inVINcible.wine does not warrant that any of the materials on its website are accurate, complete or current. inVINcible.wine may make changes to the materials contained on its website at any time without notice. However inVINcible.wine does not make any commitment to update the materials.
inVINcible.wine has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by inVINcible.wine of the site. Use of any such linked website is at the user’s own risk.
inVINcible.wine may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
3.7 GOVERNING LAW
These terms and conditions are governed by and construed in accordance with the laws of South Africa and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
- CONSUMER PROTECTION ACT, NO. 68 OF 2008 (“the Act”)
4.1 These Terms and Conditions apply to users who are “consumers” for the purposes of the Act.
4.2 Users’ attention is specifically drawn to clauses underlined in the text which:
- may limit the risk or liability of inVINcible.wine; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify inVINcible.wine; and/or
- seems as an acknowledgement by the user of a fact.
5.1 You expressly agree that use of the Site is entirely at your own risk. The Site and its contents are provided on an ‘as is’ and ‘as available’ basis and has not been compiled to meet individual requirements. It is your responsibility to satisfy yourself, prior to entering into this Agreement, that the service available from and through this Site meets your requirements, and is compatible with the hardware and/or software used by you.
5.2 The Company makes no representations nor gives warranties of any kind, whether express or implied including, without limitation, with respect to the Site, its contents, the accuracy thereof or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of Products and/or delivery arrangements and times.
5.3 The Company disclaims all representations and warranties including, but not limited to, warranties as to the availability, accuracy or content of information, Products or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services.
5.4 The Company does not warrant that the functions provided by the Site will be uninterrupted or error free, or that the Site or the server that makes it available are free from viruses or other harmful components. Save as expressly set out herein, the Company shall under no circumstances whatsoever be liable to you, including without limitation, as a result of or in connection with the Company’s negligent acts or omissions or those of their employees, agents, representatives, sub-contractors or other persons for whom in law they may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (and whether arising under contract, delict or otherwise), sustained by either you, the recipient of the Products or services or any other person arising from or as a result of any sale concluded in terms of this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery, the use or possession of the Products or services.
5.5 The Company, its directors, employees, sub-contractors, agents, representatives, affiliates and suppliers shall not be liable for any loss, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon the Site (including any information contained thereon) or the Internet. You hereby indemnify the Company from and against any loss or damage suffered or liability incurred including, without limitation, in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the Site and/or in terms of this Agreement and/or in relation to the receipt of Products or services supplied by the Company pursuant to any such order. Notwithstanding any other provisions contained herein, the Company’s liability whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time the value of the Product(s) in respect of which any such dispute or claim arises.
5.6 By accessing this Site, you warrant and represent to the Company that you are legally entitled to purchase the Products and that all the details you have provided are true and complete.
SECTION 2: ORDERING TERMS
- ORDERING & AGREEMENT OF SALE
1.1 You must be over the age of 18 and able to conclude binding contracts to place orders with us. If you do not comply with the aforesaid you may not place any orders for Products on this web site. We may require you to provide us with suitable documents proving your age and/or legal capacity prior to accepting any order from you.
1.2 You may submit orders to us by completing our standard online order form and submitting same to us in the prescribed manner. Our web site ordering process will provide you with an opportunity to review the entire transaction, to correct any mistakes and to withdraw from the transaction before finally submitting your order.
1.4 Once we have assessed your order we will send a notice to you indicating our acceptance or rejection of your order. Such notice will be sent to you by electronic mail to the address specified in your order. A legally binding contract will be formed between us upon the earlier of (i) our sending of such a notice accepting your order to you, or (ii) our delivery to you of any of the Products ordered. We reserve the right to reject any order placed by you and we will notify you by electronic mail if this is the case.
1.5 Please note that while we will try to send to you an acknowledgement and notice of acceptance or rejection for every valid order we receive from you, we cannot guarantee that such acknowledgements and notices will be received by you, nor that, if they are received by you, that they will be legible and uncorrupted. Your failure to receive such acknowledgement or notice will not affect the validity of the agreement concluded between us in respect of an order.
1.6 If you do not receive a confirmation notice after submitting your order, or if you experience an error message or service interruption after submitting your order, you should confirm with us whether or not your order has been received and processed. Only you may be aware of any problems that may have occurred during the ordering process. It is your responsibility to ascertain if we received your order.
1.7 The information you have submitted with your order will be processed as you have provided it. If you realise that an error has been made or that you need to make a change to such information, you should contact us immediately. Please remember that no refunds are possible for losses resulting from such error.
1.8 A complete record of your order will be sent to the email address you provide to us during the ordering process. You should retain such record. We will also retain records of completed orders previously placed by you via this site for a period of at least 6 (six) months, but they will not be available on this site. For access and information on such records you can contact us at hello@inVINcible.wine or +27 (0)21 204 5500.
1.9 If you have any problems that arise in respect of delivery or the handling of your orders please contact us at hello@inVINcible.wine or +27 (0)21 204 5500.
- PRODUCT DESCRIPTION, PRICING & PAYMENT
2.1 The main characteristics of all Products offered via this web site are contained on the web site. We try to ensure that all Products that appear on this web site are displayed and described completely and accurately. Kindly notify us immediately if you become aware of any omissions or inaccuracies pertaining to such display and description.
2.2 The supply of Products (including pursuant to any special promotion) displayed or made available via this web site depends upon the availability thereof. All prices displayed on this web site are in South African Rand and apply only to delivery in the Republic of South Africa. Prices quoted are per bottle or per case, as indicated. We may without prior notice change the price, discontinue the availability or change the description of Products or special promotions that are displayed on or made available via this web site. Special promotions may be subject to certain additional terms and conditions which will be clearly set out.
2.3 All prices indicated as applying to Products on this web site will include VAT but exclude any other taxes and duties such as customs duties, which, unless otherwise indicated, will be charged separately.
2.4 All prices indicated as applying to Products on this web site will be exclusive of delivery fees which will be separately charged to you in respect of all deliveries in accordance with the specified rates.
2.5 If you are a member of the inVINcible wine club (“Wine Club”), you will be entitled to receive special discounts and offers with regards to our Product range from time to time. Your eligibility to receive these benefits is dependent on you being a valid member of the Wine Club and your adherence to the relevant membership terms.
2.6 We will not be obliged to deliver any Products to you prior to receiving full payment of the full agreed purchase price payable for such Products. You will be required to provide the necessary payment account details (such as credit card details) and to authorize payment of the amounts payable for the Products ordered when submitting your order. By submitting an order to us, you authorise us to debit your designated account with the relevant amounts due for the Products ordered. Such authorization will allow us to obtain payment at any time after our after our acceptance of your order, although such acceptance may be prior to our delivery of such Products. Should we be unable to duly effect such payment for any reason your order may be cancelled. You warrant that you are duly authorised to make payments from the account designated by you. You also authorise us to pay all amounts to be refunded to you into such account.
- DELIVERY POLICY
inVINcible.wine delivers nationwide and offers free delivery on orders over R850 (unless otherwise stated in promotional Terms & Conditions). Our standard delivery charges and policies are outlined below. Please note that time frames are an estimate only and are not intended to be binding.
Nationwide (excluding Farms, Embassies, Game Lodges & Private Nature Reserves)
- Wine is shipped to address supplied
- Delivery time is 3-7 working days from dispatch date.
- Delivery charged at R150 for less than 12 bottles & R75 per 6 bottles thereafter. Free Shipping for orders of R850 or more.
Available upon request contact hello@inVINcible.wine or calling us on +27 (0)21 204 5500.
3.1 Delivery of Products as per confirmed orders will be made to the nominated address set out on your order. Delivery cannot be made to a P.O. Box.
3.2 Deliveries to Embassies, Farms and Game Lodges are subject to a delivery surcharge. (Price on application)
3.3 If your specified delivery address is within our designated delivery areas, we will endeavour to deliver Products within 3-7 (three-to-seven) working days from confirmation of payment or such other period as stipulated in our confirmation email. Delivery will usually occur on Business Days during business hours. All such arranged times are estimates only and you should not rely on such times. We will not be liable for failing to deliver at the pre-arranged time.
3.4 All deliveries made will be by courier directly to your nominated address unless otherwise stated in our confirmation of order. Unless a delay in delivery is agreed between us in writing, you agree that delivery of all Products ordered may commence immediately.
3.5 You agree to accept delivery and make payment for the ordered Products actually delivered to you, notwithstanding that we are unable for any reason to deliver to you all of the Products ordered. We will notify you if we are unable to deliver any Products ordered as soon as we become aware thereof and in such case we will fully refund you the purchase price paid for such undelivered items within 30 days of such notice.
3.6 All Products delivered must, if accepted by you, be signed for by you on delivery. If no one is available at the nominated address when delivery is attempted, the Products will be retained by the courier, in which case notification of the attempted delivery will be given. Should the Products ordered be returned to our premises, any further delivery attempts will also be at your cost. We are entitled to assume that anyone other than yourself who receives delivery of the Products at the specified delivery address is authorised to accept delivery on your behalf.
3.7 On delivery to your nominated address you shall be entitled to examine the Products for the purpose of ascertaining whether you are satisfied that the Products are of the type and quality reasonably contemplated on placing your order and complies with the description provided therefore on the Website.
3.8 If the delivery contains a larger quantity of Products than was ordered, or consist of some of the Products ordered together with Products not ordered, you may reject delivery of all Products, or accept the delivery of all Products and pay the purchase price for the additional/incorrect Products or accept delivery of the correct Products and reject the incorrect Products.
3.9 Please note that all delivered orders are packed into custom made corrugated cardboard cartons for additional protection as required by the terms & conditions of our courier partner.
3.10 inVINcible.wine will 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 Products ordered after delivery has been made to your nominated delivery address.
3.11 Products are only insured by us up to the point of delivery. Risk in and to the Products will transfer to you upon completion of delivery at your nominated delivery address.
- CANCELLATION POLICY
4.1 Orders may be cancelled within 24 (twenty four) hours of placing the order by sending a cancellation notice to hello@inVINcible.wine or calling us on +27 (0)21 204 5500. When you cancel an order you must provide us with the applicable order reference number. We will refund you within 15 Business Days of cancellation any amount paid to us in respect of such cancelled order provided that we will be entitled to retain any delivery costs already incurred to ship the relevant Products to you.
4.2 An order is cancelled once you have notified inVINcible.wine in writing or by telephone in accordance with the above and have received our confirmation of receipt of your cancellation notice.
- RETURN POLICY
5.1 You may within 10 days after taking delivery of the Products return, at our expense, any Product to us which does not conform in all material respects to the description of such Product as it appears on the web site and we will provide you with a full refund in respect of the non-conforming Product.
5.2 If the Products were defective or does not comply with the description thereof in any respect when delivered to you, we will issue a replacement, or refund you the price of the Products, as well as the cost of delivery to return the Products within 30 (thirty) days from receipt of returned Products.
5.3 Unfortunately, any instance where the Products do not meet personal preference will not be regarded as “defective” Products and inVINcible.wine cannot replace/refund you in such instance.
5.4 You are more than welcome to contact us for any advice on wine selection prior to purchase.
5.5 All Products delivered and accepted by you must be stored in accordance with the instructions issued by inVINcible.wine and/or be used prior to the indicated expiry date. Provided these provisions are complied with, any Products that do not comply with the quality as described may be returned within 6 (six) months of delivery at our expense and we shall refund the purchase price paid or issue a replacement.
5.6 Upon our request, you must return to us any unconsumed Product provided to you pursuant to an order in exchange for a full refund of the relevant purchase price if we are obliged by law to recall such Product.
5.7 Any complaints regarding the standard and quality of the products bought by consumers through this e-commerce facility should be directed to the Manager, at eleanor@inVINcible.wine
6. CREDIT CARD SECURITY & PRIVACY
6.2 We will try to ensure that sensitive payment information (such as your credit card details) provided to us are suitably protected. For such purposes we will implement reasonable security measures which may include cryptographic techniques to protect such information. However, we cannot guarantee the absolute security of any information you transmit to us or that is transmitted to you or any other person.
6.3 Credit card transactions will be acquired for inVINcible.wine by Yoco Technologies Proprietary Limited and Peach Payments (Pty) Ltd (“Peach Payments”). Peach Payments uses the strictest encryption; go to https://www.yoco.co.za/za or https://www.peachpayments.com/ to view their security certificate and security policy.
7. FLF: BUY-A-CASE, GET-A-CASE PROMOTION
7.1 The code FLF2020PR is not transferable and is valid for one transaction only.
7.2 The transaction maximum is 5 cases purchased + 5 cases free.
7.3 No free cases will be allocated for more than 5 cases purchased.
7.4 Deliveries will be made once Lockdown restrictions permit. See Delivery Policy.
7.5 Delivery charges will apply (no waived delivery fees applicable to this offer).
7.6 This code can only be redeemable with the email address by which this offer was received.
7.7 This offer is valid until May 31st, 2020.