1.1 For purposes of these General Terms and Conditions and elsewhere on the website, “The Daily Wine” means Koelenhof Wynkelder (Pty) Ltd, Reg nr: 1998/022241/07. The Daily Wine’s head office is located at Koelenhof Winery, R304, Koelenhof, Western Cape, 7605 South Africa; email address: email@example.com
2.1 These General Terms and Conditions will apply to any and all agreements and legal relations pursuant to which The Daily Wine acts as supplier of items.
3. Product specifications; pricing; typographical errors
3.1 The Daily Wine will not be required to execute an order or compensate a buyer for any loss if The Daily Wine made an error when presenting the item, formulating its characteristics or stating its price, and
i) it should have been clear to the buyer that such involved a printing error; or
ii) if the buyer should not, under the circumstances, have reasonably relied on The Daily Wine delivering quoted item, with stated characteristics, at this price.
4.1 Products sold by The Daily Wine are billed in Rands and include VAT.
5.1 Items are currently delivered to buyers in the Republic of South Africa. Purchase agreements are concluded with natural persons not acting in the course of a profession or business only. Therefore any VAT charged will not at any time be refunded.
6. Costs of Delivering the Items
6.1 All prices of the items posted on the website are exclusive of delivery costs.
6.2 Delivery costs will be stated separately when settling the order and may vary daily and for each order.
7. Delivery and Delivery Period
7.1 The Daily Wine shall endeavour to supply the items ordered, provided that The Daily Wine has such items in stock, to the delivery address within 5 – 10 working days of the order confirmation and the required receipt of payment. Prior to delivering an order, the buyer may be contacted to verify the correctness of the order. This may cause some delay in delivery. When registering, buyers must state a telephone number on which they can be reached during the day (such as their number at work or a mobile phone number), so that the delay, if any, will be as short as possible.
7.2 The delivery periods referred to above are of an indicative nature only. Should any order not be delivered within 30 days, the buyer will be entitled to cancel the order at no charge.
7.3 The Daily Wine shall arrange delivery by post or dispatch orders in any other way, at The Daily Wines’s sole discretion. Note that a signature will be required for receipt of all residential deliveries.
7.4 The Daily Wine may dispatch the delivery in parts, however, any extra costs for such additional deliveries will be borne by The Daily Wine.
8. Stock Availability
8.1 Stock on offer is limited. The Daily Wine shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, The Daily Wine shall only be liable to refund monies where it is unable to fulfill orders at advertised prices.
9.1 Payment is accepted via Payfast. They use the strictest form of encryption, namely Secure Socket Layer 3 (SSL3), and no credit card details are stored on their websites. Users may go to their websites (https://www.payfast.co.za/) to view their security certificates and security policies. Customer details will be stored by The Daily Wine separately from card details which are entered by the client on Payfast’s secure sites. The Daily Wine takes all reasonable steps to scrutinise all transactions to prevent attempted fraud and a transaction may be refused if The Daily Wine is not satisfied with its legitimacy.
10. Agreements of Sale
10.1 Placing an item in a shopping basket, or adding it to a wishlist without completing the purchase cycle, does not constitute an agreement of sale between The Daily Wine and the purchaser. Users cannot hold The Daily Wine liable if such items are not available when the purchase cycle is completed; and The Daily WIne may remove such an item from the shopping basket if no stock is available. An agreement of sale between The Daily WIne and a user only comes into effect if and when a credit card authorisation is received from the issuing bank. The Daily Wine reserves the right to refuse to accept and/or execute an order without giving any reasons. The Daily Wine also reserves the right to in its sole discretion cancel orders in whole or in part as circumstances dictate, in which event The Daily Wine shall only be liable to refund monies already paid by the user.
11. Returns / Refunds Policy
11.1 The Daily Wine shall return products or refund customers in accordance with Sections 55 and 56 of the Consumer Protection Act 68 of 2008 and its Returns/Refunds Policy set out below.
11.2 Products may not be returned unless the incorrect product has been supplied or the product is damaged or faulty upon delivery. In such an instance The Daily Wine will exchange the product on condition that
(i) the product is returned in its original condition – including packaging, documentation, warranty cards, manuals and accessories and
(ii) the customer returns the product within seven days of receipt and confirms same by sending a written notice to firstname.lastname@example.org (within abovementioned seven day period).
(iii) All returns must be shipped freight (and insurance) prepaid. The onus is on the customer to ensure that the goods returned are received by The Daily Wine within 10 days of written notice.
On receipt and acceptance of returned product The Daily Wine will make all reasonable effort to exchange said product, but if replacement is not possible The Daily Wine will refund the purchase price, including delivery cost. Such amount will be refunded within 30 days of cancellation, beginning on the day written notice was given.
11.3 Products damaged on delivery – Should a product be damaged in any way or missing any parts or accessories at the time of delivery, please notify us within 3 days by logging a return with email@example.com. Breakages not reported within 3 days will not be refunded.
The faulty product will be collected from you at no charge. Once we have inspected the product and validated your return, we will repair/replace the product as quickly as possible (if such a repair is possible/if we have the same product in stock with which to effect a replacement).
If we are unable to repair or replace the product, we will credit your account with the purchase price of the product (note: a cash refund can be requested in lieu of store credit if preferred).
What constitutes a defect? Any material imperfection in the manufacture of a product or any characteristic of a product which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances.
The following will NOT be regarded as defects and will not entitle you to a return under this Section 11.3:
- faults resulting from normal wear and tear
- damage arising from negligence, user abuse or incorrect usage of the product
- damage arising from electrical surges or sea air corrosion
- damage arising from a failure to adequately care for the product
- damage arising from unauthorised alterations to the product
- where the specifications of a product, although accurately described on the website and generally fit for its intended purpose, do not suit you
- in relation to Unboxed Deals, signs of handling and/or repackaging.
12. Special Promotions:
12.1 Every effort is made to feature all products shown on any sales promotional material. However, should a specific product become unavailable for any reason, The Daily Wine reserves the right to use that product image for all promotional elements without the guarantee of selling that product on the day.
13. Applicable Law
13.1 This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.
14. Restrictions on Sales
14.1 Alcohol & Tobacco products: Alcohol and tobacco products are not sold to persons under the age of eighteen years.
15. Personal Data
15.1 The Daily Wine shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000.
15.2 The Daily Wine will store the data provided by buyers in a data file. Such data will be used to execute buyers’ orders and will be kept as long as necessary to handle any complaints about the execution of an order. No data will be passed on to third parties if such should jeopardise the buyer’s privacy.
16. Changes To Agreement
16.1 The Daily Wine may, at its sole discretion, change this agreement or any part thereof at any time without notice.
17. Intellectual Property Rights
17.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to The Daily Wine and as such are protected from infringement by local and international legislation and treaties.
18.1 The Daily Wine chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature Koelenhof Winery, R304, Koelenhof, Western Cape, 7605 South Africa.
19.1 Please note that due to the COVID-19 pandemic we are trying to limit as much human contact as possible. This includes but it not limited to The Daily Wine not repacking wine into new boxes. As a result some of the boxes that wine is shipped in might have some wear and tear present.