Terms and Conditions
(Last updated 1 June 2016)
These Online Terms and Conditions are a contract between you and Clos Cabrière Propriety Limited with registration number 1982/008929/07 (“Clos Cabrière”; also referred to as “we” or “our”). Our registered address is Lambrechts Road, Franschhoek, Cape Town P.O. Box 245, Franschhoek, 7690, South Africa. These Online Terms and Conditions apply when you use this website (located at http://www.cabriere.co.za/), and when you buy any of our products through this website. Please read these Online Terms and Conditions carefully before you start to use this website. By using this website you confirm that you accept these Online Terms and Conditions. If you do not agree to these Online Terms and Conditions you must not use this website. You should keep a copy of these Online Terms and Conditions for future reference.
We aim to update this website regularly, and the content on this website and the products and services offered may change, in our sole discretion, from time to time. We further reserve the right at any time and without giving you any advance notice to make changes to the prices or quantities of goods that are sold through this website and to correct any pricing errors that may inadvertently occur. No notice of any changes will be given to you. We may also interrupt the operation of this website, or any part of the website, to perform routine or non-routine maintenance, to correct any errors, or make other changes.
Our legal obligations and limits on our liability
We do not represent that this website or any content, service or feature of the website will be error free, or that it will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. We do not give any warranty, express or implied, in relation to the operation of this website.
We are not responsible for losses and damages that you might suffer which are:
- Not caused by our breach of these online Terms and Conditions;
- A side effect of the main loss or damage and which is not reasonably foreseeable by you and us when you begin to use this website (for example loss of profits or loss of opportunity);
- A result of our failure to provide this website;
- A result of your user name and password being used by someone else or any unauthorised access to your personal information (unless this is due to our negligence);
- Caused by a distributed denial-of-service attack, virus or other technologically harmful material that may affect your computer equipment, programs, data or other material due to your use of this website (including your downloading any content from this website or any website linked to it).
You are encouraged to report any performance failures or errors to [email protected]. These Online Terms and Conditions do not affect your statutory rights, including your rights under any applicable consumer laws, that cannot be altered by contract.
Content on this website
All content on this website, such as information, text, pictures, photographs, graphics, interfaces, and the design, structure and arrangement of the content, belongs to Haute Cabrière and/or a third party and is protected by law. You may not copy, reproduce, upload or post any of the content on this website without prior written permission.
We may offer users of this website the opportunity to leave reviews for products on this website. While we will not remove negative reviews of products for this reason alone, we reserve the right to remove any inappropriate content, as determined by us in our sole discretion. We do not assume any liability for, or endorse, any reviews submitted by users. If you feel a review contains inappropriate content, please contact us.
Links to and from other third party websites
You may link to our main shop page provided that you do so in a fair and legal way and not in a way that may damage or takes advantage of our reputation or that suggests any form of association, approval or endorsement on our part. You may not frame this website nor may you create a link to any part of this website other than from the home shop page unless we give you written permission (which we may withdraw at any time).
If you do not comply with these Online Terms and Conditions when accessing or otherwise using this website, we have the right to suspend your access to the website temporarily or permanently without notice to you. We may also stop operating the website entirely.
Sales in South Africa only
We are currently only able to deliver products available on this website to users with a valid delivery address in South Africa. If users place an order on this website without a valid delivery address in South Africa, we will be unable to complete delivery and will refund you for the full amount of your order. Products sold through this website are intended for use only in South Africa.
By using this website, you are representing that you are above the age of 18 years. By law we may not sell alcoholic products to persons under the age of 18. If we have reason to believe an order has been placed by a customer under the age of 18, we will cancel the order and refund any payment. We accept no liability for sales made to customers who have misrepresented their age.
Billing and personal information
When you set up your online customer account you will choose a user name and password. You will have to use these details to login to your account. You are responsible for keeping these details confidential. You must notify us immediately if there is any unauthorised use of or access to your online customer account. We will not be responsible for any unauthorised use of your user name and password or for any losses that you suffer as a result and you will be responsible for any purchases made using your online customer account, where you have failed to keep your user name and password secure and confidential. You may be held responsible for any losses suffered by us or any other user of this website as a result of your failure to keep your user name and password secure and confidential.
When you place an order for a product on this website, your order will be subject to product availability. If, after you place your order, there is insufficient stock to fulfil your order, we have the right to cancel your order or any part of your order and refund the purchase price, or, with your agreement, offer you a substitute product. In the event of a refund, we will refund the purchase price based on the original payment method (e.g., to your credit or debit card or bank account) or issue store credit, based on your choice, and will notify you, as soon as possible, that there is insufficient stock to fulfil your order. If we are unable to supply each and every item ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items that are delivered to you.
Before the transaction is completed, you will have the opportunity to review, correct and/or withdraw your order that is to be placed through this website. If you discover that you have made a mistake with your order after you have submitted it to this website, please contact [email protected] immediately. However, we cannot guarantee that we will be able to amend your order in accordance with your instruction. Once your order has been placed online, you will receive an email confirmation of your order. Your offer to purchase products through this website will be deemed to be accepted once you have received this confirmation of your order.
Our Delivery Policy can be accessed at https://www.cabriere.co.za/onlne-shop/delivery-details/ and is incorporated by reference into these Online Terms and Conditions. If there is any conflict between these Online Terms and Conditions and the Delivery Policy, these Online Terms and Conditions will apply in respect of all products sold through this website.
Our Returns Policy can be accessed at http://www.cabriere.co.za/online-shop/returns/ and is incorporated by reference into these Online Terms and Conditions. If there is any conflict between these Online Terms and Conditions and the Returns Policy, these Online Terms and Conditions will apply in respect of all products sold through this website.
From time to time, WineCo or Haute Cabrière may release, at our sole discretion, promotional coupons that may be redeemed though purchases on this website. Promotional coupons are only valid for a specified period, as stated on the promotional coupon, can only be redeemed against certain priced products on this website, and cannot be used in conjunction with any other promotional coupons. To redeem promotional coupons in your account or to check an existing credit, please visit “My Account” on this website.
To the extent that you place an order for a product less than the value of the promotional coupon, no refund or residual credit will be returned to you. You also agree and accept that the credit of a promotional coupon does not accrue interest and does not have a cash value. If the credit of a promotional coupon is insufficient for a particular order that you have placed, you will be required to pay the remaining amount.
We will not be liable for any loss, theft or illegibility of any promotional coupon, or for any errors in the email address of the voucher recipient. In the event of fraud, an attempt at deception, or in the event of the suspicion of other illegal activities in connection with a promotional coupon purchase, we will be entitled to close your account and/or require a different means of payment.
We may make changes to these Online Terms and Conditions from time to time, and will give existing customers reasonable notice of any material changes. By continuing to use this website, you accept the version of the Online Terms and Conditions current at the time of your use. We recommend that you check this page for updates from time to time. These Online Terms and Conditions are governed by the laws of South Africa, regardless of conflict of laws principles.
If any part of these Online Terms and Conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
Record of your transaction
If you need to obtain a sales record of your transaction to buy products through this website, you can contact us within 30 days of the transaction. Alternatively, a full record of every sale and related transaction will be maintained on this website for a period of 12 months following the date of the purchase. You will be able to view and print these records of your transaction during this period, after which time, you will be responsible for retaining your own record of the relevant transaction.
Complaints and notices
We place great value on customer satisfaction. Questions, complaints or comments should be sent by email to [email protected]. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In the event of a complaint, it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of your order or the order number that we assign you. Should you not have received any reaction from us within five business days, please make further enquiries. In rare cases, your emails may have been caught up in our spam filters or not reached us, or correspondence that we send to you may otherwise not have reached you.
Any legal notices that you give us under this contract must be sent by registered post to P.O. Box 245, Franschhoek, 7690, with a copy to [email protected]. Where we need to give you any notice as provided for in this contract or provide additional information about the products and services supplied to you, we will do so by sending you an email or posting a notice on this website. You consent to us providing you with notices or information in this way.