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”)
  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 10 (ten) 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 •••@•••.co.za.  

  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.

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

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.

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:  DK Konsult (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