Terms & Conditions
Effective as of 1 March 2020
- Please read our terms and conditions of use carefully. Your use of our website and any of our services offered on this website will be subject to the then current version of our terms and conditions available on this website at the time of your use. If you do not accept our terms and conditions of use, you may not access our web site or use any of our services available our website or digital platforms.
- Our terms and conditions contain specific provisions to limit our liability. You should pay attention to these terms and conditions, since they limit your ability to recover losses that you may incur in connection with your use of our web site or digital platforms, including social media.
- If you are not yet 18 years of age, you must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to be bound by our terms and conditions of use prior to you accessing our web site, digital platforms and social media. If you are under 18 years of age and fail to obtain such consent you may not access our website, digital platforms and social media, use the services or participate in the activities available.
General Terms and Conditions
For your convenience, we have listed below some general information about ourselves:
- “We” are Blaauwklippen Agricultural Estate Pty Ltd and “us” and “our” have a corresponding meaning herein.
- We are a private company incorporated in accordance with the laws of the Republic of South Africa with registration number 1972/000312/07
- Our postal address is PO Box 54, Stellenbosch, 7599
- Our address of establishment is Blaauwklippen Vineyards, Strand Rd, R44, Stellenbosch and we will accept service of all legal documents there.
- Our telephone number: +27 (0)21 880 0133
- Our e-mail address is firstname.lastname@example.org
- Our VAT number is 4600102141
- Online ordering is only available for orders within South Africa. Any International orders will need to be quoted on.
- Average delivery time for online wine orders : 7 – 10 working days.
- Products means any goods or other products that are made available by us via this website, our digital platforms and social media
- We, usand our means Blaauwklippen Agricultural Estate (Pty) Ltd
- You mean the user of this website, our digital platforms and social media channels
- Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the terms and conditions.
- You are solely responsible for any and all telephone usage and rental fees and/or internet access service fees that may apply to your use of this website and the services offered on it.
- 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 web site 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. Such content should also not be viewed as professional advice of any kind, be it medical, legal, financial or otherwise. Please notify as directly via email or phone if you have a complaint about the activities of or content submitted by a user of this site.
- We do not distribute or endorse any products, services or events posted, promoted and/or listed on our site other than the products and services we supply ourselves and our display of such products, services or events should not be construed as any form of endorsement thereof. All arrangements regarding such products, services and events are to be made directly with the supplier thereof.
- Notwithstanding that this website, our digital platform or social media channels may contain links to third party websites and that some third party websites may contain links to us we do not control, endorse or approve the activities or content of any such third party websites. Please contact the relevant website proprietor or social media channel if you have a complaint about the activities or contents of a third party website, digital platform or social media channel.
- Proprietary rights (including without limitation, the trade marks, copyright and patent rights) in the components of this website, our digital platforms and social media platforms belong to us and our licensors, including in the compilations, collective works and derivative works created incorporating the content of our users. The individual content you may submit will remain your property, but you grant us an irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free license to use such content free from any restriction and on the basis as if we were the owners thereof, including by modifying, reproducing, compiling, publishing, publicly performing, distributing, broadcasting and promoting it.
- The downloading and use of data contained on this website, our digital platforms and social media channels is done at your sole discretion. You should independently verify the completeness and reliability of information provided on or via this site. Also be aware that viruses or code which may have a harmful effect on your computer system could be transmitted to you. You are responsible for implementing suitable protection mechanisms to prevent such harm from occurring.
- Access to our website services, digital platforms and social media channels are provided to you free of charge, unless otherwise stated. Reliance on and use of our website, digital platforms, social media channels, all 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 will be required to choose a username and a password when registering with us or using some of our services. You are responsible for keeping your username and password secret. You will be required to enter your username and password every time you want to use one of our subscription or ordering 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, digital platforms and social media channels, 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.
Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.
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.
- Unless expressly stated otherwise these terms and conditions will apply to all competitions offered on our website, digital channels and social media channels. 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 the platform the competition is running, be it our website, digital channels or social media channels. 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 our website and/or digital platforms and/or social media channels 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 their immediate family or the supplier of the prizes for the relevant competition (including any director, employee, contractor, agent or consultant) are excluded from the competition.
- 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 yers of age, 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 judges decision will be final. We will not enter into correspondence.
- Where entry by SMS is applicable, SMSs 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 or certain minimum conditions pertaining to the competition is not met, eg minimum of 20 entrants.
- 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 excluded under applicable law.
We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can submit a form online www.blaawuklippen.com via email email@example.com.
- We will try to do our best to resolve any problems that arise. We require that provide us with the following as part of your complaint:
- Your full names, physical address, telephone number and email address
- The location and description of the service feature or transaction which is the cause of your complaint
- The problem with the service or transaction or rights that you allege to be infringed bysuch feature or component
- The actions you would like us to take to remedy the problem
- A statement confirming that you are making the complaint in good faith
- A statement confirming that the information you are providing to us is to the best of your knowledge true and correct