PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THE GETWINE WEBSITE (“SITE”), YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THE TERMS OF THESE TERMS AND CONDITIONS.
These terms and conditions of use may be changed in the future without further notice. Your continued use of this Site after any such changes constitutes your acceptance of the new terms. Further, these terms and conditions apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with GETWINE for products, services or otherwise.
1. GENERAL
1.1. The headings of the clauses in the conditions is provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.
1.2. No failure or delay by GETWINE to exercise any of its rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part these terms and conditions or prejudice our right to take subsequent action against the user.
1.3. GETWINE cannot screen or edit all the content available from the GETWINE site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform GETWINE of any content that may be offensive or illegal.
2. PRIVACY STATEMENT
GETWINE believes strongly in protecting user privacy. Therefore, we have put together and follow a policy that respects and addresses the user’s needs. Users of this Site should refer to our Privacy Statement for information about how GETWINE uses and collects information.
3. COPYRIGHT
Copyright 2005 © GETWINE,
57 Harrington Street, Cape Town, 8001, South Africa. All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site contact GETWINE at+27 (0)21 461 2891 or e-mail info@www.getwine.co.za.
4. INTELLECTUAL PROPERTY RIGHTS
All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to GETWINE and as such are protected from infringement by local and international legislation and treaties.
5. LICENSES AND SITE ACCESS
5.1. GETWINE grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of GETWINE or any third party.
5.2. You may not use, frame or utilize framing techniques to enclose any GETWINE trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without GETWINE‘s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a GETWINE name, trademark or product name withoutGETWINE‘s express written consent.
6. LINKING
6.1. You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray GETWINE or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a GETWINE logo or other proprietary graphic or trademark of GETWINE to link to this Site without the express written permission of GETWINE. This limited right may be revoked at any time.
6.2. GETWINE makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of GETWINE and GETWINE is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. GETWINE is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by GETWINE of the site or any information contained therein. When leaving the GETWINE site, you should be aware that GETWINE‘s terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
7. USER CONDUCT
In using this Site, you agree:
7.1. Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;
7.2. Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites
7.3. Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
7.4. Not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
7.5. Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access;
7.6. Users may not use the website in such a way that is in violation of any applicable law or regulation;
7.7. Users are prohibited from violating or attempting to violate the security of GETWINE. Violations of system or network security may result in civil or criminal liability. GETWINE will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, national and international laws and regulations.
8. INDEMNIFICATION
8.1. You shall remain solely liable for the Content of any messages or other information you upload or transmit to GETWINE. You agree to indemnify and hold harmless GETWINE from any claim, action, demand, loss or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.
9. SUBMISSIONS
9.1. You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to GETWINE, or postings on this Site, are nonconfidential and shall become the sole property of GETWINE. GETWINE shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to GETWINE irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.
10. E-MAIL DISCLAIMER
10.1. The information in all e-mail messages (document and attachments) sent by an employee / electronic agent / a member of Van Riebeeck Drankgroep CC t/a GETWINE (Reg no. CK 90/03629/23) is confidential and may be legally privileged. The information transmitted is intended only for the person(s) or entity to which it is addressed. If you are not the intended recipient(s), please notify the sender immediately and then delete this e-mail (document and attachments). Do not disclose the contents of this e-mail (document and attachments) to any other person, nor make any copies thereof.
10.2. Internet communications cannot be guaranteed to be secure or error-free. Neither GETWINE nor the sender accepts liability for any errors or omissions in the contents of this message which arise as a result of e-mail transmission. If verification is required, please request a hard copy version.Also take notice that this e-mail can possibly contain viruses and that the recipient is responsible for checking and deleting viruses. In no event willGETWINE or the sender be liable to anyone for any indirect, special, consequential or direct damages arising from this document and attachments or any use thereof.
10.3. No employee is authorised to conclude a binding agreement on behalf of GETWINE by e-mail without the express written confirmation of a director ofGETWINE. Nothing contained in this e-mail shall be construed as a legally binding agreement or an offer to contract.
11. DISCLAIMER OF WARRANTIES
11.1. YOU FURTHER UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
11.2. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GETWINE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY GETWINE OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
11.3. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
11.4. YOU ACKNOWLEDGE THAT GETWINE DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, GETWINE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
11.5. GETWINE DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.GETWINE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY GETWINE VIA EMAIL OR OTHER MEANS, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES GETWINE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF GETWINE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.
11.6. GETWINE ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF GETWINE, ITS AFFILIATES, ITS LICENSORS OR A USER’S OWN ERRORS AND/OR OMISSIONS.
11.7. GETWINE DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED.
11.8. ALL THE INFORMATION APPEARING ON THIS SITE IS PROVIDED WITHOUT A REPRESENTATION OR WARRANTY WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, AND GETWINE DISCLAIMS ANY LIABLE TO THE USER IN THIS REGARD.
12. LIMITATION ON LIABILITY
12.1. GETWINE has taken reasonable steps as far is possible, to ensure the accuracy and completeness of the content shown on this site, to ensure that the user doesn’t suffer any loss or damages as a result of the use of this site.
12.2. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL GETWINE OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING GETWINE.CO.ZA OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE GETWINE OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF GETWINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.3. OUR LIABILITY TO YOU IN CONNECTION WITH ANY ORDER WILL NOT EXCEED THE TOTAL PRICE CHARGED FOR THE RELEVANT ITEMS AND THE SHIPPING COSTS.
12.4. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, in such jurisdictions, liability is limited to the fullest extent permitted by law.
13. TERMINATION
Notwithstanding any of these terms and conditions, GETWINE reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site.
14. SEVERABILITY
If any provision of these terms and conditions is held to be invalid, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
15. USER’S LIABILITY TO GETWINE
In the event that GETWINE takes action against you for breach of these terms of use, you agree to reimburse GETWINE for all legal costs, including tracing fees and collection commission, on a scale as between attorney and own client.
16. PRICES :
16.1. The price of each product is displayed with the product. In the event of a sale or special offer, the discounted price is displayed.
16.2. Prices are inclusive of Value added tax at the rate of 15%.
17. DELIVERIES
17.1. Subject to availability and receipt of payment, delivery will be made to the address specified by you.
17.2. GETWINE do our best to secure delivery within 4 days of the date of your order but will not be liable for loss occasioned by delay in delivery arising out of any cause beyond our control.
17.3. All goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the goods will be retained by the courier, in which case notification of the attempted delivery will be given. The courier service will subsequently arrange a suitable date and time for delivery.
18. PAYMENT METHODS
18.1. Credit card payments.
18.1.1. At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order.
18.1.2. Payment is only collected when the order is completed and the goods shipped.
18.2. Coupons
18.2.1. The user can also choose to use any of his available coupons to pay for an order.
18.2.2 Coupons can only be redeemed online at www.getwine.co.za.
Note that to protect it’s own and the interests of customers, GETWINE scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if GETWINE is not satisfied with it’s legitimacy.
19. RESTRICTIONS ON SALES
19.1. Wine is not shipped to addresses outside the borders of South Africa.
19.2. Wine is not sold to persons under the age of eighteen years. For this reason, we may refuse an order at our discretion and orders may not be transferred from the customer to any other person.
20. AGREEMENTS OF SALE
20.1. Placing an item in a shopping basket without completing the purchase cycle does not:
20.1.1. constitute an agreement of sale between GETWINE and users cannot hold GETWINE liable if such items are not available when the purchase cycle is completed later; and/or
20.1.2. constitute an order for such an item; and
20.1.3. GETWINE may remove such an item from the shopping basket or wishlist if no stock is available.
20.2. An agreement of sale between GETWINE and a user only comes into effect if and when:
20.2.1. A credit card authorisation is received from the issuing bank; or
20.2.2. The user has enough Coupons to pay for the order and this payment option was selected.
20.3. GETWINE reserves the right to refuse to accept and/or execute an order without giving any reasons. GETWINE also reserves the right to cancel orders in whole or in part as circumstances dictate. GETWINE shall only be liable to refund monies already paid by the user.
20.4. GETWINE shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices,GETWINE will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.
21. STOCK AVAILABILITY
21.1. Stocks of all goods on offer are limited. GETWINE shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, GETWINE shall only be liable to refund monies where it is unable to fulfil orders at advertised prices.
21. SPECIAL OFFERS
22.1. GETWINE shall not be liable for the sale of items at lower prices if such prices were increased and users and/or purchasers could not, for any reason whatsoever, conclude an agreement of sale while such prices remained low.
22.2. If GETWINE supplies the wrong product or if the product is in any way faulty or damaged, GETWINE will exchange it for the correct one. However, if the product is no longer being offered at the special price, it will not be replaced and GETWINE will refund the purchase price including delivery costs.
23. RECORDS OF TRANSACTIONS
Consumers can view or print a full record of the transaction that is maintained for a period of twelve months on the GETWINE website.
24. CANCELLATION & RETURNS
24.1. You have the right to cancel your order up to 5 working days after the day following the delivery of the goods by calling GETWINE on +27 (0)21 461 2891. You can also cancel your order by fax 086733 0975 or e-mail info@www.getwine.co.za.
24.2. In the event that the goods have already been dispatched at the date of receipt of your cancellation of the order, you must return the goods to us and we will refund you with the price of the goods within 30 days, beginning with the day on which notice of cancellation was given.
24.3. If you do not return the goods or fail to make them available for collection within 30 days of your order, you will be deemed to have accepted the goods and will be charged for your order.
24.4. Should the wine be found faulty, please contact us within 5 days of receipt of your order.
24.5. Cancelled and/or returned orders are subject to the delivery charges. These charges must be paid by you. However, if the wine is found to be faulty in any respect, we will not expect you to pay the shipment charges.
25. CREDIT CARD REFUNDS
GETWINE processes refunds to the credit card used at the time of purchase upon receiving your returned shipment. Please allow 30 days for the refund to appear on your credit card statement. If you have made payment by any other means we will send you a cheque or will transfer the refund via Electronic Funds Transfer.
26.DOMICILIUM
GETWINE chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature,
57 Harrington Street, Cape Town, South Africa, 8001.
27. APPLICABLE LAW
The terms and conditions pertaining to any products or services appearing on this site or pages shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Application for any of the products or services offered on this site or pages will constitute the users consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to this site or such products or services.
28. THE TERMS “THE USER” AND “YOU”
The terms “The user” and “You” are used interchangeable and refer to all individuals and/or entities accessing this web site for any reason.
29. INFORMATION DISCLOSURE
29.1 The following in formation is disclosed in terms of section 43 of the Electronic Communications and Transactions Act (ECTA), 25 of 2002 and section 41 of the Close Corporations Act, 69 of 1984:
| Full Name and Legal Status: | GETWINE CC |
| Registration Number: | CK 2005/056062/23 |
| Names of Office Bearers: | Members:
• Karel Johan Wegner • Johannes Godfried Wegner • Adriaan Gerrit Wegner |
| Place of Registration: | Republic of South Africa |
| Physical Address: | 57 Harrington Street CAPE TOWN 8001 |
| Postal Address: | 57 Harrington Street CAPE TOWN 8001 |
| Telephone Number: | +27 (0)21 461 2891 |
| Facsimile Number: | 086 733 0975 |
| Website Address: | www.www.getwine.co.za |
| E-mail Address: | info@www.getwine.co.za |
| Membership of Self-regulatory bodies to which GETWINE CC belongs and the contact details of that body: | Western Cape Liquor Board Street Address: 6th Floor, Waldorf Arcade, 80 St Georges Mall, Cape Town , 8001Postal Address: PO Box 979 , Cape Town 8000Tel: +27 (0)21 483 4498 / +27 (0)21 483 3660Fax: +27 (0)21 483 5066 |
| The Physical Address where GETWINE CC will receive legal service of documents: | 57 Harrington Street CAPE TOWN 8001 |
29.2 The following in formation is disclosed in terms of the Promotion of Access to Information Act, 2 of 2000: ( These files are in PDF format and requires Acrobat Reader to view. Should you require Acrobat Reader you can download it here . )
This Terms and Conditions was most recently updated on 26 April 2005.