Terms and Conditions

Website Terms and Conditions of Use Relating to shop.franschhoekcellar.co.za
Liquor License: CMATS-2012/798 & WCP/000118 – All Liquor
Western Cape Liquor Act, 2008 (Act 4 of 2008, as amended)
License for the sale of liquor for consumption off the premises where liquor is sold.

Trading hours:

Monday – Friday | 09:00am – 17:00pm

Order processing:

Orders are processed during stipulated trading hours.

Delivery policy:

We use a preferred 3rd party courier company for all local orders. All orders are specially packaged to ensure they arrive safely at their destination.

Major centres (Cape Town, Johannesburg, Durban):

Delivery is Door to Door only:
Orders are generally delivered within 3-5 business days from dispatch, subject to your order not containing a specially sourced or out of stock product.
A flat delivery fee of R112.00 per case is applicable to all local orders. Delivery fees are subject to change without prior notice.
Orders that are placed on a Friday, or Public Holidays after 16:00pm will be dispatched the following working day.

Outer lying areas

Outer lying areas which are not major centres may take a further 5-7 business days to be delivered.

Dispatch

Upon Dispatch you will receive an email with a tracking number to track your order.
The Provider will supply all goods to the delivery company in good order and will ensure that goods arrive at the User’s chosen delivery address in the same good order.

Wine sold by vintage:

Please note that we do not sell any of our wines by vintage unless stated clearly in the product description and product title. Images of wines are for illustration purposes only. We will not accept any returns or refunds should you have bought wine by picture vintage description.

Order policy:

We accept orders via online only, online payments can be made via a secure payment gateway.
Delivery will not take place until payment has been received and the funds have cleared our business account.
We do not sell liquor to anyone under the age of 18, you may be requested to provide positive proof of identification. At any point in time, we may use our discretion to refuse any order.

Cancelled orders:

Any cancelled orders on the e-commerce facility will be subject to a 10% admin charge. The Provider reserves the right to cancel any order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund.
Any complaints regarding the standard and quality of products bought by the user through the e-commerce facility should be directed to finewines@dgb.co.za.

Returns and refund policy:

Franschhoek Cellar will accept goods that you would like to return subject to receiving a notification by email within 7 days of the goods having been delivered to the address you requested. Contact us by email: finewines@dgb.co.za or 021 876 2086. We will arrange to have the item/s collected.
Refunds will be paid to you via the method you used to pay for the goods upon purchase.
Please note that all items must be in their original packaging and in the same condition as you received them. Please check them when you receive them.

Export restriction:

The offerings on this website are available only to clients within South Africa. For countries outside of South Africa please contact us via Email: finewines@dgb.co.za and we will forward your enquiry onto our International team.

Payment options:

Credit card acquiring and security

Credit card transactions will be acquired for the Provider via PayGate (Pty) Ltd. (DPO South Africa). PayGate use the strictest form of encryption, and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details are stored by the Provider separately from card details which are entered by the client on PayGate’s secure site.

Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).

Responsibility

The Provider takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

Updating of these Terms and Conditions:

The Provider reserves the right to change, modify, add to, or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this website.
It is the User’s obligation to periodically check these Terms and Conditions on the website for changes or updates. The User’s continued use of this website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Copyright and Intellectual Property Rights:

Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

Limited license to general users:

Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
This website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider. Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers on the website.
Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license.

Limitation of liability:

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.

Privacy:

Casual surfing

The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.

Choice of Law

This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Cape Town High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
This website is run and owned by DGB Pty (Ltd) and is based in South Africa.
If you have any questions, queries or wish to request permission to use any part of this website, please contact us at:

Email address: finewines@dgb.co.za

A copy of the ECT Act is available at http://www.polity.org.za/pol/acts/2002