Website Terms and Conditions of Use Relating to backsberg.co.za
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Backsberg (“Provider”) website located at the domain name backsberg.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
E-Commerce & Privacy
The Website (backsberg.co.za) sells wine online. The use of any product or service bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. Credit card details are not kept by the Provider under any circumstances.
The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
The Provider will supply all goods to the delivery company in good order. The Provider will not be held liable for the condition of goods arriving at the User’s chosen delivery address.
Online Payment – MyGate Payment Gateway
All online credit card payments are processed by the MyGate Internet Payment Gateway. Card Holders may go to www.mygate.co.za to view MyGate security policy.
Refund and Return Policy
The provision of goods and services is subject to availability. In cases of unavailability, the provider will refund the client in full within 30 days. Cancellation of orders by the client will attract a 10% charge for administration costs.
The Provider reserves the right to cancel an 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 with no deductions.
Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to the Marketing Manager, email@example.com.
Subject to availability and receipt of payment, requests will be processed within 5 days days and delivery confirmed by way of email confirmation. RM Transport or similar transport company will make delivery. Associated transport costs, if applicable, will form part of the initial invoice.
Updating of these Terms and Conditions
Provider reserves the rights to change, modify, add 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 at 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.
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. 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.
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 Witwatersrand 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.
WINE CLUB TERMS AND CONDITIONS
Membership is only activated upon purchase of your first 12 bottles of Backsberg Estate Wine. By joining, you commit to receiving our scheduled seasonal shipments according to the Club membership selected. All members have access to a variety of special Club benefits (subject to availability). Membership can be cancelled in writing at any time but must be received at least one month in advance of your next scheduled shipment. Cancellation will result in termination of your membership and all associated benefits.
Prices & availability
Backsberg reserves the right to vary prices at any time, without notice. All wines are subject to availability.
We shall acknowledge your application via subscription on our website. Our acknowledgement of this constitutes legal acceptance, at which point a binding contract of sale has been concluded. We reserve the right to refuse any order/application at our discretion. No wine will be sold to anyone under the age of 18 years.
Credit card security
We understand the importance of privacy and security. We are committed to protecting the information we collect from you and confirm that it will only be used for purposes of processing your order and providing you with the services you request from us. Please note that once a member signs up, a fee of R1.00 will be charged to the credit card provided. Thereafter the member will only be billed every quarter.
Delivery will be made to the address on your application form, which usually takes place 5–10 working days from payment. All deliveries made in South Africa will be by road freight directly to your nominated delivery address. All goods must be signed for on delivery. If no one is available at the nominated 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. Should the wine order be returned to the Estate, any further delivery attempts will be at your cost. We 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 wines ordered from us after delivery has been made to your nominated delivery address. Risk in and to the Products will transfer to you upon completion of the delivery.
The Shipments are scheduled for March, June, September and December.
Backsberg aims to ensure the quality of all products supplied. If for any reason you are dissatisfied with your order and the quality of our products, please contact us and return the items at your cost within fourteen (14) days of delivery of your order. If we find 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 to return the items to our Estate. This will be undertaken within thirty (30) days of our 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.
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 any orders placed with Backsberg Estate Cellars.