Terms & Conditions

SIMON WINE EMPORIUM:  TERMS AND CONDITIONS

1. GENERAL
   
   1.1This website can be accessed at www.simonwineemporium.co.za (“the Website”) and is owned by DK Konsult (Pty) Ltd (Registration Number 2018/625241/07) (trading as “Simon Wine Emporium”) (hereinafter “SWE”).
   
   1.2These Terms and Conditions govern the use of the Website and are binding and enforceable against every person that access or use this Website.  By using this Website, users acknowledge that they have read and understood and agree to be bound to these Terms and Conditions.
   
   1.3The “Buy Online” option on the Website enables users to order and buy products offered for sale by SWE (the “Products”) from our Online Shop.  Users acknowledge and agree that the list of Products as well as prices of Products may be updated/amended by SWE at any time in its sole discretion and further that ordering, sale and delivery of Products are governed by these Terms and Conditions.
   
   1.4Any user who do not accept these Terms and Conditions may not use this Website in any manner whatsoever including, but not limited to, placing orders for any of SWE’s Products.
   
   
   CONSUMER PROTECTION ACT, NO. 68 OF 2008 (“the Act”)

• These Terms and Conditions apply to users who are “consumers” for the purposes of the Act.

• Users’ attention is specifically drawn to clauses underlined in the text which:

• limits the risk or liability of SWE;  and/or

• creates risk or liability for the user;  and/or

• compels the user to indemnify SWE;  and/or

• seems as an acknowledgement by the user of a fact.
  

• REGISTRATION OF AN ACCOUNT

• Users are not compelled to create an account on the Website, but may create an account in order to regularly order and buy Products.

• To register an account, users will be required to provide certain personal information and must provide a unique username and password.  The unique username and password may be used to access the Website to order and purchase Products.

• Any user who elects to register an account, agrees and warrants that the user’s username and password:

• shall be used for personal use only; and

• will not be disclosed by the user to any third party.

• Users agree that, once the correct username and password relating to a user’s account has been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, users will be liable for payment of such order, save where the order is cancelled by a user in accordance with these Terms and Conditions.

• Users agree to notify SWE immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of a username and password and to take steps to mitigate any resultant loss or harm.
  

• USE OF THE WEBSITE

• By using the Website, users agree:

• not to use in any way any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website;

• not to use in any way any software or other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein;

• not to use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful;  and

• not to display, publish, copy, print, post or otherwise use the Website and/or the information contained herein in any way without the express prior written consent of SWE.
  

• LEGAL DRINKING AGE

• No Products consisting of wine or wine related Products will be sold to any person under the age of 18 (eighteen) years.  

• Any time an order is placed for a wine/wine related Product, a user will be required to warrant that the user is over the age of 18 (eighteen) years and, in addition, that any person receiving delivery of such wine related Products may be required to show identification proving that he or she is 18 years or older.
  

• ORDERS AND AGREEMENTS OF SALE

• Users may place orders for Products by using the “Buy Online” link on the Website.  

• Such order shall constitute the user’s offer to purchase the Products selected subject to the terms and conditions referred to below.

• Such an order shall be complete on confirmation of receipt of payment by SWE when:

• a credit card authorisation is received from the issuing bank;  or

• the exact amount has been received in SWE’s bank account via electronic funds transfer (“EFT”) within 5 (five) days of placing the order.

• On completion of a user’s order, SWE shall indicate its acceptance of such order by confirmation email, at which point an agreement of sale is concluded between SWE and the user.

• SWE reserves the right to:

• refuse or accept any order without giving any reasons;  and/or

• cancel orders in whole or in part as circumstances dictate.  

• In either event, SWE shall not be liable for any losses or damages suffered by a user as a result of such refusal or cancellation and shall only be liable to refund monies already paid by the user.

• SWE shall take all reasonable efforts to maintain correct prices on the Website.  However, should errors occur and items are offered at incorrect prices, SWE shall not be obliged to sell Products at such incorrect prices and SWE’s liability shall be limited to a refund of monies already paid by the Customer.
  

• PAYMENT

• All prices quoted on the Website are in South African Rand (ZAR), and include Value-Added Tax (VAT) at the prevailing rate on the date of the user’s order being placed.  Prices quoted are per bottle or per case, as indicated.

• All prices posted on the Website are exclusive of delivery costs, and delivery costs will be stated separately in our confirmation of the user’s order which may vary daily and for each order.

• Payment is accepted via credit card (Visa, Master Card) or by EFT to our nominated bank account.  

• Where payment is made by credit card, SWE may require additional information in order to authorise and/or verify the validity of the payment.  SWE may reject any order in respect of which the required information is not provided.
  

• CREDIT CARD SECURITY AND PRIVACY

• The private information required for executing the order placed through the Website, (including a user’s personal information, credit card details, delivery address and contact number(s)) will be kept in the strictest confidence and will not sold or made known to third parties except insofar as is required for executing a user’s order or as permitted by law.  Information collected and use thereof will be treated according to SWE’s Privacy Policy, which is available on the Website.

• Credit card transactions will be acquired for SWE by PayGate (Pty) Ltd (“PayGate”).  PayGate uses the strictest encryption; go to https://www.paygate.co.za/ to view their security certificate and security policy.

• No credit card details are stored on the Website and will be kept separate from other user’s information.
  

• CANCELLATION

• 9.1 Orders may be cancelled by users within 24 (twenty four) hours of placing the order by completing the cancellation form found on SWE’s Website or emailing SWE at •••@•••.co.za or calling us at •••.

• An order is cancelled once the user has notified SWE in writing or by telephone in accordance with clause 9.1 above and have received SWE’s confirmation of receipt of SWE’s cancellation notice.  

• If a user has already paid for the user’s order and have not yet received an email notifying that the user’s order has already been shipped, the user will be refunded in full.

• If a user has already paid for the user’s order and have also received an email notifying the user that the order has already been shipped, then SWE reserves the right to charge a deduction rate equal to 10% of the purchase price of the products ordered for administration expenses.

• SWE reserves the right to debit the user’s payment card for the delivery fees in respect of any late cancellations, in addition to the administration charge referred to above.

• Any order placed as a result of direct marketing may be cancelled without penalty/charge within 5 (five) business days after the later date of the date on which the user’s order is confirmed by SWE or delivery of the Products to the user’s nominated address.  Products that have been delivered may be returned to SWE at the risk and expense of the the user.  SWE shall refund the purchase price in full within 15 (fifteen) business days after receiving the notice of cancellation or receipt of returned Products, whichever date is the later.
  

1. DELIVERY

1. 10.1 Delivery of Products as per confirmed orders will be made to the nominated address set out on a user’s order.  

1. Delivery usually takes place within 5 (five) working days from confirmation of payment or such other period as stipulated in SWE’s confirmation email.  

1. All deliveries made will be by courier directly to the user’s nominated address unless otherwise stated in our confirmation of order.  

1. 10.4 On delivery to the user’s nominated address the user shall be entitled to examine the Products for the purpose of ascertaining whether the user is satisfied that the Products are of the type and quality reasonably contemplated on placing the user’s order and complies with the description provided therefore on the Website.

1. 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, the user 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.

1. All Products delivered must, if accepted by the user, be signed for by the user or its own authorised representative of the user 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 SWE’s premises, any further delivery attempts will also be at the user’s cost. 

1. SWE 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 a user’s nominated delivery address.  

1. Products are only insured by SWE up to the point of delivery to the user.

1. Risk in and to the Products will transfer to the user upon completion of delivery at the user’s nominated delivery address.
   

1. 11. RETURNS 

1. The user’s satisfaction is SWE’s main priority.  If, for any reason, a user is dissatisfied with the delivery of Products, the user is to contact SWE and return the Products to SWE at the user’s cost within 10 (ten) days of delivery of the user’s order.  

1. If the Products were defective or does not comply with the description thereof in any respect when delivered to the user, SWE will issue a replacement, or refund the user the price of the Products, as well as the cost of delivery to return the Products to SWE within 30 (thirty) days from receipt of returned Products.

1. In any instance where the Products do not meet the user’s personal preference, this will not be regarded as “defective” Products and SWE cannot replace/refund the user in such instance.

1. Users are welcome to contact SWE for any advice on wine selection prior to purchase.
   

1. AVAILABILITY

1. All the Products displayed on SWE’s Website are subject to availability.

1. In the event of a particular Product included in the user’s order not being available, SWE will contact the user to suggest an alternative Product.

1. Users are then entitled to accept the alternative(s) or such items as can be correctly delivered, or cancel the user’s order.  

1. Special promotions offered from time to time by SWE may be subject to certain conditions, including availability and limited offer stipulations.  

1. SWE reserves the right to discontinue, or change, the specifications of our Products from time to time without notice, or to adjust SWE’s prices in which event the user will be informed thereof at the time of confirmation of the user placing orders.  
   

1. DIRECT MARKETING

Users may, from time to time, receive information regarding new Products/promotions available on SWE’s website.  Should users not wish to receive any such notices, a notice to such effect may be sent to SME at [email protected].  

1. RECORDS OF TRANSACTIONS

Users may access a full record of their transaction/purchase history by logging into their account on SWE’s Website. Records shall be maintained for a period of 12 (twelve) months.

1. DISCLAIMER

1. The use of this Website is entirely at the own risk of users.

1. To the fullest extent permissible in terms of applicable law, SWE disclaim all warranties of any kind, either express or implied, including but not limited to fitness of Products sold for a particular purpose.  No oral or written information provided by SWE shall create a warranty, nor shall users rely on any such information or advice.

1. Whilst SWE takes reasonable measures to ensure that the content of the Website is accurate and complete, SWE makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.

1. SWE’s Website and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

1. SWE’s Website may contain links or references to other websites (“Third Party Websites”) which are outside of SWE’s control, including those of advertisers.  These Terms and Conditions do not apply to those Third Party Websites and SWE is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
   

1. CHANGES TO THESE TERMS AND CONDITIONS

SWE 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 SWE may subsequently make to these Terms and Conditions.

1. OWNERSHIP AND COPYRIGHT

1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of SWE, its advertisers and/or sponsors and/or is licensed to SWE.

1. Users will not acquire any right, title or interest in or to the Website or the Website Content.
   

1. LIMITATION OF LIABILITY

1. SWE shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from the use by users of, or reliance upon, the Website or the content contained in the Website; or any user’s inability to use the Website, and/or unlawful activity on the Website and/or any linked third party website.

1. Each user hereby indemnifies SWE against any loss, claim or damage which may be suffered by a user arising from the use of this website.
   

1. AVAILABILITY AND TERMINATION

1. SWE will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to the users.

1. SWE may in its sole discretion terminate, suspend and modify this Website, with or without notice to users. The user agrees that SWE will not be liable to users in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by users prior to such time, to the extent possible.
   
   

• JURISDICTION

These terms shall be solely and exclusively governed by and construed and interpreted in accordance with the law of the Republic of South Africa.  

• SEPARATE AND SEVERAL

If any of these terms or conditions are held by a court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, then such terms or conditions will be regarded as severable, and will not affect the validity of the remaining terms and conditions which will continue to be valid and enforceable to the fullest extent permitted by law.

• INFORMATION DISCLOSURE

The following information of SWE is disclosed in terms of section 43 of the Electronic Communications and Transactions Act, No. 25 of 2002:

Full name and legal status:  Simon Wine Emporium (Pty) Ltd, a private company incorporated under the laws of the Republic of South Africa

Reg. Nr.: 2018/625241/07

VAT Nr.: 4510290200

Director:    Daniël Eduard Kriel

Main business: Wine marketing and wine selling