Terms & Conditions
Use of Site
Your relationship with Cape Wine Merchants
Your use of Cape Wine Merchants services and website (referred to collectively as the “Services”) is subject to the terms of a legal agreement between you and Cape Wine Merchants. This document sets out the terms of that agreement.
You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase.
This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed.
‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited.
Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
You can accept the Terms by:
1. clicking to accept or agree to the Terms, where this option is made available to you by Cape Wine Merchants in the user interface for any Service; or
2. by actually using the Services. In this case, you understand and agree that Cape Wine Merchants will treat your use of the Services as acceptance of the Terms from that point onward.
You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Cape Wine Merchants, or
(b) you are a person barred from receiving the Services under government or local laws of the jurisdiction in which you are resident or from which you use the Services.
Disclaimer of Warranty
The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents.
The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.
Any products obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage, injury or death that results from your use of the services and products
Notwithstanding Cape Wine Merchants making third party products available on its web site through the Services and any satisfaction guarantee for such purchases, Cape Wine Merchants shall have no responsibility or liability to you for such third party products and any claims or disputes by you regarding these products shall be brought directly to and shall be the responsibility of, that third party Vendor.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
We reserve the right to:
1. modify or withdraw, temporarily or permanently, the website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or
2. change these Conditions from time to time, and your continued use of the website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the website.
3. We will use our reasonable endeavours to maintain the website. The website is subject to change from time to time as part of this continuing innovation. You acknowledge and agree that Cape Wine Merchants may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Cape Wine Merchants sole discretion, without prior notice to you. You will not be eligible for any compensation because you cannot use any part of the website or because of a failure, suspension or withdrawal of all or part of the website due to circumstances beyond our control.
4. You acknowledge and agree that the form and nature of the Services which Cape Wine Merchants provides may change from time to time without prior notice to you.
5. You may stop using the Services at any time. You do not need to specifically inform Cape Wine Merchants when you stop using the Services.
6. Proprietary rights
You acknowledge and agree that Cape Wine Merchants (or Cape Wine Merchants licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Unless you have agreed otherwise in writing with Cape Wine Merchants, nothing in the Terms gives you a right to use any of Cape Wine Merchants trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
License from Cape Wine Merchants
Cape Wine Merchants gives you a personal, royalty-free, non-assignable and non-exclusive license to use the Services as provided to you by Cape Wine Merchants. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Cape Wine Merchants, in the manner permitted by the Terms.
Content license from you
By submitting, posting or displaying any content on or through the Services, you give Cape Wine Merchants a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. Cape Wine Merchants reserves the right at any time to remove any content generated, submitted, posted or displayed by you on or through the Services.
You confirm and warrant to Cape Wine Merchants that you have all the rights, power and authority necessary to grant the above license.
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Cape Wine Merchants will always be accurate, correct and up to date.
All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other than that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.
The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the website from which you linked directly to our site. This information is used to help improve the Site, analyse trends, and administer the Site.
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Third Party Links
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
Membership to Cape Wine Merchants is available to members who are 18 years and older and who have not been suspended or removed by Cape Wine Merchants. You agree to use the Services for personal use and not for commercial purposes. Members may not have more than one active membership account. Members are prohibited from selling, trading or otherwise transferring a membership account to anyone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if Cape Wine Merchants suffers any damage due to the unauthorized use of your account, you may be liable. By using the Services, you represent that you qualify to use the Services.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Cape Wine Merchants.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
Ending your relationship with Cape Wine Merchants
The Terms will continue to apply until terminated by either you or Cape Wine Merchants as set out below.
If you want to terminate your legal agreement with Cape Wine Merchants, you may do so by (a) notifying Cape Wine Merchants at any time and (b) closing your account for all of the Services, where Cape Wine Merchants has made this option available to you.
Cape Wine Merchants may at any time, terminate its legal agreement with you for any reason, including without limitation, if:
(a) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(b) Cape Wine Merchants is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(c) the partner with whom Cape Wine Merchants offered the Services to you has terminated its relationship with Cape Wine Merchants or ceased to offer the Services to you; or
(d) Cape Wine Merchants is transitioning to no longer providing the Services to users in the jurisdiction in which you are resident or from which you use the Service; or
(e) the provision of the Services to you by Cape Wine Merchants is, in Cape Wine Merchants opinion, no longer commercially viable.
Limitation of Liability
You expressly understand and agree that Cape Wine Merchants, its affiliates, and its licensors shall not be liable to you for:
(a) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.
(b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
Any reliance placed by you on the completeness, accuracy or existence of any content, or as a result of any relationship or transaction between you and any advertiser whose content appears on the Services;
Any changes which Cape Wine Merchants may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
Your failure to provide Cape Wine Merchants with accurate account information;
Your failure to keep your password or account details secure and confidential.
The limitations on Cape Wine Merchants liability to you as expressed above shall apply whether or not Cape Wine Merchants has been advised of or should have been aware of the possibility of any such losses arising.
Cape Wine Merchants relies upon a network of independent vendors (“Vendors”) who sell the goods advertised through the Services and may ship them directly to you. If you wish to purchase any product or service made available by a Vendor through the Services (each such purchase, a “Transaction”) you may be asked to supply certain information relevant to your Transaction, including without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Cape Wine Merchants and Vendor the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by your or on your behalf. In connection with each Transaction, you represent that you may purchase and receive the products ordered in compliance with all applicable laws, including without limitation the alcoholic beverage control laws of the jurisdiction in which you reside, and that such products will be used only in a lawful manner.
Cape Wine Merchants displays suggested retail prices, vintages, wine bottle pictures and information on goods advertised through the Services based on pricing and other information provided by Vendors and Cape Wine Merchants makes no promises about the reliability or accuracy of any such information.
Your passwords and account security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible to Cape Wine Merchants for all activities that occur under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify Cape Wine Merchants immediately at email@example.com
Provision of the Services by Cape Wine Merchants
Cape Wine Merchants has affiliated legal entities (“Affiliates”). Sometimes, these Affiliates will provide the Services to you on behalf of Cape Wine Merchants.
You acknowledge and agree that Affiliates will be entitled to provide the Services to you.
You acknowledge and agree that if Cape Wine Merchants disables access to your account, you may be prevented from accessing the Services, your account details or any other content which is contained in your account.
A minimum order of 1 case (6 bottles) is required for a successful checkout. Please also refer to the How to Order page on this website.
When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.
Order processing will not begin until we receive a confirmed order and full payment.
Lead time is dependent on stock availability.
Should the product you purchased via this website not be in stock Cape Wine Merchants will contact you via email and affect a refund free of an interest credit and transactional costs. You may return to order another product if you wish.
Shipping Terms and conditions
Every effort is made to effect shipment of your order timeously however unforeseen circumstances may cause delays.
Courier door to door – we may make use of various service providers.
Please ensure the correct shipping address is provided from the outset as title and risk will pass to you once the order has left our premises.
Shipping to destinations not within South Africa will require a quote, as the shipping costs vary from country to country.
Occasionally packages are returned to us undeliverable. Should this event take place every attempt will be made to contact you to make arrangements for re-shipment.
In the event that you receive a damaged delivery, indicate it on the couriers delivery note / waybill and contact and email firstname.lastname@example.org immediately upon delivery. We will work with you to resolve the problem to your complete satisfaction, which may include bottle replacement or credit.
Should you for any other reason wish to cancel your purchase you will be liable for a 15% total transactional handling fee. You must advise us per email of your cancellation and any such cancellation must be made by the person who made the original purchase. The goods must be returned to us undamaged in the original packaging within 14 calendar days, and upon receipt thereof, only then will we effect a refund.
* Note: Cape Wine Merchants recommends that you use the same courier we used to deliver your purchase to you for returns, a courier that offers shipment tracking through their website. Should you choose to use a carrier that does not offer a tracking facility and the goods are lost then no refund or replacement will be considered.
International customers should make use of a courier that offers:
Insures your package for safe return and declare the full value of the shipment failing which loss or damage will be for your account.
Disclosure of outlet country at time of payment
Payment Options and Pricing
All transactions will be processed in South African Rands (ZAR).
Cape Wine Merchants endeavours to offer you competitive prices on current products; you’re total order price will include the price of the cases purchased plus any shipping charges (on the day of shipping). Value-added-tax is not currently levied as we are not a VAT registered vendor however could be included in future should we deem it necessary to register for VAT.
Cape Wine Merchants reserves the right to change pricing at any time without prior notice.
Cape Wine Merchants reserves the right to reduce its price on any products at any time and place them on promotion. No request for a refund of the difference between the price you were charged outside of the promotional period, and the reduced price, will be entertained.
We accept MasterCard and Visa credit cards. If you do not have a credit card please utilise the EFT or direct deposit payment option.
EFT (Electronic Fund Transfer)
One of the most widely used ways of sending money online. Once you have added enough items to your shopping cart, proceed to “Checkout” and follow the order processing instructions. Select the option to pay via EFT. You will then have to load Cape Wine Merchants as a beneficiary on your internet banking and use the unique order number in the reference line for your payment. This should ensure speedy processing and delivery of your selected products.
Bank : First National Bank
Branch No. : 202509
Account Name : Cape Wine Merchants
Account No. : 62446534754
You may pay for your products through a direct deposit. It’s exactly the same as doing an EFT payment, except you’ll have to go into your bank and physically make your direct deposit there. Please scan & email your deposit slip to us at email@example.com to ensure your payment is confirmed and order shipped as quickly as possible.
1. Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site’s registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
2. Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
3. The Merchant does not have access to credit details.
4. Virtual Card Services continually reviews and enhances its security in line with technological changes.
We have the right, but not the obligation, to monitor any activity and content associated with the website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the website).
The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions. Any controversy or claim arising out of or relating to these Terms, the Services or the relationship between you and us shall be settled by binding arbitration entered in any court having jurisdiction thereof. Such arbitration shall be specific to you, and as such, you agree that you shall not bring or participate in any action against Cape Wine Merchants as part of a class action either in arbitration or in any court. In the event the foregoing is held to be unenforceable by any court, You and Cape Wine Merchants agree to submit to the exclusive jurisdiction of the courts located within the South Africa to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Cape Wine Merchants shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
The manner, mode and extent of advertising by Cape Wine Merchants on the Services are subject to change without specific notice to you.
In consideration for Cape Wine Merchants granting you access to and use of the Services, you agree that Cape Wine Merchants may place such advertising on the Services.
The Services may include hyperlinks to other web sites or content or resources. Cape Wine Merchants may have no control over any websites or resources which are provided by companies or persons other than Cape Wine Merchants.
You acknowledge and agree that Cape Wine Merchants is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
You acknowledge and agree that Cape Wine Merchants is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
I understand that all the designs and trademarks are registered to the various suppliers of Cape Wine Merchants and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Cape Wine Merchants for any civil action or any legal action deemed necessary against me.
Cape Wine Merchants
4 Maori Road
Croydon Olive Estate
Telephone: +27 76 2943874