TERMS AND CONDITIONS
SECTION A: GENERAL INFORMATION AND TERMS
• “We” and “us” and “our” refer to Bosman Family Vineyards (Pty) Ltd.
• We are a private company incorporated in accordance with the laws of the Republic of South Africa with registration number 2005/000913/07.
• The chief executive officer of Bosman Family Vineyards (Pty) Ltd is Petrus Bosman and the Board of Directors of Bosman Family Vineyards (Pty) Ltd is available at Lelienfontein Farm.
• The postal address of Bosman Family Vineyards (Pty) Ltd is Leliefontein, PO Box 17, Wellington, 7654, South Africa.
• The address of establishment of Bosman Family Vineyards (Pty) Ltd is at Lelienfontein Farm, Wellington, 7655, South Africa and we will accept service of all legal documents there;
• The telephone and facsimile numbers of Bosman Family Vineyards (Pty) Ltd are Tel: +27 (0) 21 873 3170, Fax: +27 (0)21 873 2517
• The e-mail address of Bosman Family Vineyards (Pty) Ltd is email@example.com.
• Our VAT number is 4850228315;
• Our webmaster can be contacted at firstname.lastname@example.org.
DETAILED DESCRIPTION OF GOODS AND/OR SERVICES
Bosman Family Vineyards (Pty) Ltd (BFV) is a business in the wine industry that produces, markets and sells wine.
GENERAL CONDITIONS OF USE OF THIS WEBSITE
In South Africa it is an offence to supply alcohol to persons who are under the age of 18. You are therefore only allowed to use this website and/or order products if you are over the age of 18 and able to conclude binding contracts with us. If you are from another country of residence, you need to be over the relevant legal drinking age. If you do not comply with the aforesaid you may not place any orders for products on this website. We may require you to provide us with suitable documents proving your age and/or legal capacity prior to registering you or accepting any order from you. Be sure to exit this website immediately should you not meet these requirements.
You may not access this site for any purpose other than for utilizing the services offered on it in the normal manner. You may not access our site for the purposes of redistributing or otherwise using any of our content for your own business purposes unless you are expressly licensed thereto by us in writing. You may not use your access to this site in a manner that would bring us, our business and/or any of our affiliates into disrepute. Furthermore, you may not access this site for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of this site by any other person. In this regard, you must comply with the laws, regulations and codes of conduct applicable to your use of this site. You may not post or transfer any material to our website that is unlawful or violates any third party’s rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. We may remove any content you have submitted to this site and/or suspend your access to any part of this site at any time without notice.
We do not usually monitor, edit, control or filter the content submitted to this site by our users. Such content, including as may be found in blogs, forums, chat groups, comment sections and bulletin boards, do not represent our views and we have not authorized or endorsed such content.
Unless clearly stated otherwise, we are either licensed to use or own all the content which appears on this website. This includes logo’s, trademarks and copyright material. You are in no way allowed to use intellectual property belonging to us or our licensors unless written consent from has been obtained from us.
FILES AND CONTENT PROVIDED
We grant you permission to use content which is expressly stated to be available for download on the BFV website. The downloading and use of content contained on this website is done at your sole discretion. You should independently verify the completeness and reliability of information provided on or via this site.
It is the responsibility of the user to scan the documents for viruses or other faults and defects. Should there be any damage to your computer or software arising from use of and/or downloading data from this website, it is at the user’s risk and responsibility to repair as BFV cannot guarantee that any file obtained from this website is free from viruses. You are responsible for implementing suitable protection mechanisms to prevent such harm from occurring.
For your convenience, we may include links to other sites on the Internet that are owned or operated by third parties. When linking to such a site, you do so at your own risk. The inclusion of any link on this website does not imply that we endorse the linked site. Please contact the relevant website proprietor if you have a complaint about the activities or contents of a third party website.
ACCESS TO OUR WEBSITE IS PROVIDED TO YOU FREE OF CHARGE. RELIANCE ON AND USE OF OUR WEBSITE, CONTENT AND SERVICES ARE THEREFORE AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE ARISING IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THIS SITE OR THE CONTENT OR SERVICES PROVIDED, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW OR THE CONTRARY IS EXPRESSLY STATED.
You may be required to choose a user name and a password when registering with us or using some of our services. You are responsible for keeping your user name and password secret. You will be required to enter your username and password every time you want to use one of our subscription services. You accept that you will be personally liable for all transactions concluded on your account.
We have to protect our business and secure our systems. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive via our website and we may use, publish and disclose such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.
SECTION B: ORDERING TERMS
Once you have duly subscribed to our ordering services, you may submit orders to us by completing our standard online order form and submitting same to us in the prescribed manner. Our website ordering process will provide you with an opportunity to review the entire transaction, to correct any mistakes and to withdraw from the transaction before finally submitting your order.
Once submitted, your order will constitute an offer on the terms and conditions contained in these terms that is open for acceptance by us to conclude a binding agreement with you. No conflicting terms or conditions incorporated by you in your order will form part of any agreement concluded between us. Upon receipt of your order, we will try to acknowledge your order via email to the address stated in your order. Acknowledgement of the order does not constitute acceptance of your order and no contract will come into being as a result thereof.
Once we have assessed your order we will send a notice to you indicating our acceptance or rejection of your order. Such notice will be sent to you by electronic mail to the address specified in your order. A legally binding contract will be formed between us upon the earlier of (i) our sending of such a notice accepting your order to you, or (ii) our delivery to you of any of the products ordered. We reserve the right to refuse any order placed by you and will notify you by electronic mail if this is the case. BFV cannot sell wine to anyone under the age of 18 years. Orders may not be transferred from you to any other person.
Please note that while we will try to send to you an acknowledgement and notice of acceptance or rejection for every valid order we receive from you, we cannot guarantee that such acknowledgements and notices will be received by you, nor that, if they are received by you, that they will be legible and uncorrupted. Your failure to receive such acknowledgement or notice will not affect the validity of the agreement concluded between us in respect of an order.
If you do not receive a confirmation notice after submitting your order, or if you experience an error message or service interruption after submitting your order, you should confirm with us via email at email@example.com or telephone at +27 21 873 3170 whether or not your order has been received and processed. Only you may be aware of any problems that may have occurred during the ordering process. It is your responsibility to ascertain if we received your order.
The information you have submitted with your order will be processed as you have provided it. If you realise that an error has been made or that you need to make a change to such information, you should contact us via telephone at +27 21 873 3170 immediately. Please remember that no refunds are possible for losses resulting from such error.
A complete record of your order will be sent to the email address you provide to us during the ordering process. You should retain such record. We will also retain records of completed orders previously placed by you via this site for a period of at least 6 (six) months, but they will not be available on this site. For access and information on such records you can contact us via email at
firstname.lastname@example.org or telephone at +27 21 873 3170.
PRODUCTS AND PRODUCT DESCRIPTIONS
The main characteristics of all products offered via this website are contained on the website. We try to ensure that all products that appear on this website are displayed and described completely and accurately. Kindly notify us immediately if you become aware of any omissions or inaccuracies pertaining to such display and description.
The supply of products (including pursuant to any special promotion) displayed or made available via this website depends upon the availability thereof. We may without prior notice discontinue the availability or change the description of Products or special promotions that are displayed on or made available via this website. Special promotions may be subject to certain additional terms and conditions which will be clearly set out.
All prices displayed on this website are in South African Rand and are valid only for delivery in the Republic of South Africa. All prices quoted include Value Added Tax (VAT), currently at 14%. Prices quoted are per bottle or per case, as indicated. Any other taxes and duties will be charged separately. We reserve the right to vary prices with respect to any products offered on the website at any time, without notice. All prices indicated as applying to products on this website will be exclusive of delivery fees which will be separately charged to you in respect of all deliveries in accordance with the specified rates.
We will not be obliged to deliver any products to you prior to receiving full payment of the full agreed purchase price payable for such products. You will be required to provide the necessary payment account details (such as credit card details) and to authorize payment of the amounts payable for the products ordered when submitting your order. By submitting an order to us, you authorise us to debit your designated account with the relevant amounts due for the products ordered. Such authorization will allow us to obtain payment at any time after our after our acceptance of your order, although such acceptance may be prior to our delivery of such products. Should we be unable to duly effect such payment for any reason your order may be cancelled. You warrant that you are duly authorised to make payments from the account designated by you. You also authorise us to pay all amounts to be refunded to you into such account.
We only deliver products within certain designated areas. If your specified delivery address does not fall within these areas we will not be able to deliver the applicable products ordered to you. Unless a delay in delivery is agreed between us in writing, you agree that delivery of all products ordered may commence immediately.
If your specified delivery address is within our designated delivery areas, we will endeavour to deliver products within a reasonable time of your order. Delivery will usually occur on business days during our business hours and we will endeavour to arrange such delivery with you in advance. All such arranged times are estimates only and you should not rely on such times. We will not be liable for failing to deliver at the pre-arranged time.
You agree to accept delivery and make payment for the ordered products actually delivered to you, notwithstanding that we are unable for any reason to deliver to you all of the products ordered. We will notify you if we are unable to deliver any products ordered as soon as we become aware thereof and in such case we will fully refund you the purchase price paid for such undelivered items within 30 days of such notice.
Upon delivery of products, you or any person accepting delivery on your behalf will be required to sign a copy of the delivery note showing the items delivered, the delivery fees, VAT and the amount already paid and any amount still payable in respect of such products. We are entitled to assume that anyone other than yourself who receives delivery of the products at the specified delivery address is authorised to accept delivery on your behalf.
We are entitled to charge additional delivery fees for failed deliveries to the specified delivery address if nobody is present to accept delivery at a prearranged time.
RISK AND TITLE
Risk in the products ordered shall pass to you upon delivery to you or upon delivery at the specified delivery address to anyone accepting delivery on your behalf. Ownership and title in the products purchased by you shall remain with us until they are delivered to you and payment for such products has been received in full at which time they shall pass to you.
The offering on this website is available to South African clients only.
You may cancel any order for products submitted via this website at any time prior to our delivery thereof by sending a cancellation notice to email@example.com or calling our us on 021- 873 3170. When you cancel an order you must provide us with the applicable order reference number. We will refund you within 15 business days of cancellation any amount paid to us in respect of such cancelled order provided that we will be entitled to retain any delivery costs already incurred to deliver the relevant products to you. An order is considered cancelled once you have notified us and have received our confirmation. Cancellation of in-stock items are only possible if the stock has not left our premises.
Other than as aforesaid you may, with respect to any order concluded pursuant to a direct marketing communication received from us, within 5 (five) days of the order being concluded (as described above) or delivery to you of the relevant products described under such order, whichever is the later, cancel the order and either (i) return the products to us by presenting same for refund at our place of business together with the applicable delivery note; or (ii) request that we collect the products from you by sending an email to us at firstname.lastname@example.org or call us on 021- 873 3170 to arrange for collection of the products. Products must be returned to us unspoiled. Upon collection/delivery to us you must present us with the applicable delivery note. We will refund you any portion of the purchase price already paid to us for the products returned to us in terms hereof within 15 business days of such return. Please note that we may charge you for any damage caused to the products directly or indirectly caused by you resulting from improper storage or care, or which is otherwise caused by your actions or negligence.
BFV guarantees the quality of all products supplied, and your satisfaction is the foremost priority. If for any reason you are dissatisfied with your order and the quality of products, please contact us and return the items at your cost within fourteen (14) days of delivery of your order. If BFV finds that the items were faulty in any respect when delivered to you, we will refund you the price of the items as well as the cost of delivery and return of the items, within thirty (30) days of the receipt of the returned items. You will be deemed to have accepted the order should you not return the products within the fourteen (14) day period.
Where you have paid by credit card, BFV will process any refund to the credit card used for the purchase. In any other case, BFV will refund you by EFT transfer.
WINE CLUB MEMBERSHIP
When signing up for the Bosman Wine Club, you agree to have your credit card charged on a quarterly basis for your quarterly wine delivery. Your credit card may be charged in the beginning of the months of March, June, September and December. If your credit card has expired or if debiting of charges proves to be unsuccessful, you will personally be contacted via telephone or email with a request to update your credit card details, which you will promptly do in the manner requested.
IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR THE CLAIMS ARISING IN CONNECTION WITH ANY ORDER EXCEED THE PURCHASE PRICE ACTUALLY RECEIVED FROM YOU PURSUANT TO SUCH ORDER FOR THE PRODUCTS SUPPLIED THEREUNDER GIVING RISE TO THE CLAIMS, IRRESPECTIVE OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, STATUTE OR DELICT, INCLUDING FOR NEGLIGENCE), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES OF ANY KIND WHATSOEVER ARISING IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING WITH RESPECT TO ANY ORDER OR ANY SERVICES PROVIDED BY US (WHETHER IN CONTRACT, STATUTE OR DELICT, INCLUDING FOR NEGLIGENCE), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW.
YOU ARE RESPONSIBLE FOR ASCERTAINING WHETHER OR NOT THE PRODUCTS ORDERED ARE SUITABLE FOR YOUR PARTICULAR REQUIREMENTS. WE DO NOT ORDINARILY OFFER OR SUPPLY PRODUCTS FOR ANY SPECIFIC OR PARTICULAR PURPOSE.
YOUR PRIVACY AND PERSONAL INFORMATION
SECTION C: COMPETITIONS
Unless expressly stated otherwise these terms will apply to all competitions offered on this website. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition’s rules will prevail. Specific competition rules will be made available on this website. The competition offer will set out at least the following:
• The prizes on offer
• The steps required to participate
• The basis for determining the winners
• The closing date
• How the winners will be made known
• Where, when and from whom prizes are to be claimed
• The address of the web pages where the competition rules and these terms can be obtained
All competitions offered on this website will be open to residents of South Africa only unless expressly stated otherwise. We may also stipulate additional entry criteria for entrants to a competition (e.g. a minimum age) and any entrant failing to comply with such criteria may be refused entry.
Anyone working for us or any entity in our group or for the supplier of the prizes for the relevant competition (including any director, employee, contractor, agent or consultant) and any person with more than 5% shareholding in any of our group entities, or for any of our advertising, media or public relations agencies, as well as any family members of any of the aforesaid are prohibited from entering any competitions offered on this website.
The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries.
We will be entitled to all right, title and interest in all entries submitted, including all intellectual property rights. Entrants must do all things necessary, including the execution of any requisite documentation to transfer such rights to us, as and when requested.
Any entrant may be required to submit proof of age. If you are not yet 18, you will be required to obtain your parents’ or legal guardians’ advance authorisation, permission and consent to participating in a competition or any of the related activities. If you fail to obtain such consent you may not participate in the competition or the related activities.
The judge’s decision will be final. We will not enter into correspondence.
Where entry by SMS is applicable, SMS’s are charged. Standard rates apply. Free rates do not apply. Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification. We reserve the right not to award a prize in any situation where it would be unlawful to do so.
Multiple winners may be subject to tie-break to decide an outright winner. We may re-allot prizes if we are unable to contact selected winners. Please ensure that you provide the correct contact details. Your name and place of residence may be published when winners are announced. Winners may be requested to be photographed for publicity purposes or to participate in a radio or television broadcast or other marketing activity.
No fees will be payable in this regard. Participation in any such marketing activity is voluntary and may be declined. No cash alternative is available to any prize unless expressly stated otherwise. Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted.
If any prize offered becomes unavailable for reasons outside of our control, we reserve the right to select an alternative prize of equivalent type and value. Where prizes involve travelling abroad, winners must be in possession of a valid passport, required visas and the relevant health certificates.
We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration. No responsibility will be accepted for undelivered, lost or delayed entries. Proof of sending is not proof of receipt. Errors in entries may, in the judges’ discretion, void entries.
YOU ENTER OUR COMPETITIONS AT YOUR OWN DISCRETION AND RISK. WE, OUR AFFILIATES, COMPETITION PARTNER/S AND THEIR RESPECTIVE SHAREHOLDERS, EMPLOYEES, OFFICERS AND REPRESENTATIVES SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR ANY LOSS, DAMAGE, INJURY OR COSTS, HOWSOEVER ARISING, SUFFERED AS A RESULT OF YOUR PARTICIPATION IN A COMPETITION, SAVE TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE ECLUDED UNDER APPLICABLE LAW.
PART D: GENERAL
COUNTRY OF DOMICILE
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. The courts of the Republic of South Africa shall have exclusive jurisdiction to determine any dispute connected with or arising from the use of the this website or any orders placed with us.
Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. 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.
BFV may, in its sole discretion, change these terms or any part thereof at any time without notice. Your use of this website, including ordering of any products via this website constitutes your acceptance of these terms.
You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties hereunder to any other person without our prior written consent. We may cede, delegate, transfer and assign our rights, obligations and duties hereunder to any other person.
We will be excused from a failure to perform or delay in performance of our obligations hereunder if and to the extent that circumstances outside our reasonable control prevent or delay such performance.
Please contact BFV should you have any questions, suggestions or comments. BFV appreciate your patronage and will strive to provide you with exceptional service.