Terms & Conditions
Warshay Investments (Pty) Ltd trading as KWV with registration number 2012/018 792/07 offers a simple, safe and convenient way to buy our products.
This Terms & Conditions is applicable to all ecommerce and orders that are generated through any KWV related website and facebook page.
Section 1 - Use of the Site
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.
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.
You may only use this site, and buy our products, if you are 18 years of age or older.
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.
Section 2 - Acceptance of Terms
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.
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.
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.
Section 3 - Disclaimer of Warranty in terms of Site Content
he 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.
Section 4 - Modification to the Services and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 5 - Changes to Terms & Conditions and Website
We reserve the right to:
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 part for any modification to or withdrawal of the Website; and/or
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.
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.
All prices are subject to change without notice.
Section 7 - Cookie and 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.
Section 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.
Section 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.
Section 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 kwvonlineshop.kwv.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 un-deliverable. Should this event take place every attempt will be made to contact you to make arrangements for re-shipment
Section 11 - Delivery Charges
The price of products advertised on the kwvonlineshop.kwv.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 kwvonlineshop.kwv.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 kwvonlineshop.kwv.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 kwvonlineshop.kwv.co.za online shopping system generated quote. Should the delivery costs change, kwvonlineshop.kwv.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.
Section 12 - Product Availability and Refund Policy
kwvonlineshop.kwv.co.za reserves the right to cancel your order even if payment has been made should the product not be in stock with us or our suppliers.
Should kwvonlineshop.kwv.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, kwvonlineshop.kwv.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.
Section 13 - Order Processing
Order processing will not begin until we receive a confirmed order and full payment reflects in our bank account.
Section 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.
Section 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.
Section 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
Section 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.
Section 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.
Section 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.
Section 20 - Paygate
0.1 kwvonlineshop.kwv.co.za uses PayGate for accepting payment by credit card and EFT.
PayGate is a payments processing service for South Africans and South African websites. KWV 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 kwvonlineshop.kwv.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 kwvonlineshop.kwv.co.za or to products you purchase through kwvonlineshop.kwv.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. 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: Warshay Investments (Pty) Ltd, registration number 2012/018 792/07, a private company
duly incorporated in the Republic of South Africa trading as KWV
· Our office bearers: Dala Boshoff
· Our postal address: PO Box 528, Paarl,7624
· 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.kwv.co.za
· Email address for kwvonlineshop.kwv.co.za website: firstname.lastname@example.org
· 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 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 POLICY 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 email@example.com
· 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 ocated at www.arbitration.co.za.
Please see the terms and conditions above.
· Duration of the agreement:
· 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 Website orny 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 arealso 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 us as follows:
CALL : 021 807 3007/8 | E-MAIL : firstname.lastname@example.org
LIQUOR LICENCE : WCP/011857