Terms and Conditions

INDEX

GENERAL
PRIVACY STATEMENT
INTELLECTUAL PROPERTY RIGHTS
LICENCES AND SITE ACCESS
LINKING
USER CONDUCT
INDEMIFICATION
E-MAIL DISCLAIMER
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
TERMINATION
SEVERABILITY
USER LIABILITY TO 911 WINE
PRICES
DELIVERIES
PAYMENT METHODS
CREDIT CARD ACQUIRING AND SECURITY
CUSTOMER DETAILS SEPARATE FROM CARD DETAILS
RESTRICTIONS ON SALE
AGREEMENTS OF SALE
STOCK AVAILABLITY
SPECIAL OFFERS
RECORDS OF TRANSACTIONS
CANCELLATIONS AND RETURNS
CREDIT CARD REFUNDS
DOMICILIUM
APPLICABLE LAW
THE TERMS “THE USER” AND “YOU”
INFORMATION DISCLOSURE

BY USING THE 911 WINE WEBSITE (“SITE”), YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THE TERMS OF THESE TERMS AND CONDITIONS.

1. GENERAL

1.1. The headings of the clauses in the conditions is provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.

1.2. No failure or delay by 911 WINE to exercise any of its rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part these terms and conditions or prejudice our right to take subsequent action against the user.

1.3. 911 WINE cannot screen or edit all the content available from the 911 WINE site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform 911 WINE of any content that may be offensive or illegal.

2. PRIVACY STATEMENT

911 WINE believes strongly in protecting user privacy. Therefore, we have put together and follow a policy that respects and addresses the user’s needs.

3. INTELLECTUAL PROPERTY RIGHTS

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 911 WINE and as such are protected from infringement by local and international legislation and treaties.

4. LICENSES AND SITE ACCESS

4.1. 911 WINE grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of 911 WINE or any third party.

4.2. You may not use, frame or utilize framing techniques to enclose any 911 WINE trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without 911 WINE‘s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a 911 WINE name, trademark or product name without911 WINE‘s express written consent.

5. LINKING

5.1. You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray 911 WINE or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a 911 WINE logo or other proprietary graphic or trademark of 911 WINE to link to this Site without the express written permission of 911 WINE. This limited right may be revoked at any time.

5.2. 911 WINE makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of 911 WINE and 911 WINE is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. 911 WINE is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by 911 WINE of the site or any information contained therein. When leaving the 911 WINE site, you should be aware that 911 WINE‘s terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

6. USER CONDUCT

In using this Site, you agree:

6.1. Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;

6.2. Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites

6.3. Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;

6.4. Not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;

6.5. Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access;

6.6. Users may not use the website in such a way that is in violation of any applicable law or regulation;

6.7. Users are prohibited from violating or attempting to violate the security of 911 WINE. Violations of system or network security may result in civil or criminal liability. 911 WINE will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, national and international laws and regulations.

7. INDEMNIFICATION

7.1. You shall remain solely liable for the Content of any messages or other information you upload or transmit to 911 WINE. You agree to indemnify and hold harmless 911 WINE from any claim, action, demand, loss or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.

8. E-MAIL DISCLAIMER

8.1. The information in all e-mail messages (document and attachments) sent by an employee / electronic agent / a director of Durbanville Valley Wines (Pty) Ltd T/A 911 WINE (Reg no. 2020/482749/07) is confidential and may be legally privileged. The information transmitted is intended only for the person(s) or entity to which it is addressed. If you are not the intended recipient(s), please notify the sender immediately and then delete this e-mail (document and attachments). Do not disclose the contents of this e-mail (document and attachments) to any other person, nor make any copies thereof.

8.2. Internet communications cannot be guaranteed to be secure or error-free. Neither 911 WINE nor the sender accepts liability for any errors or omissions in the contents of this message which arise as a result of e-mail transmission. If verification is required, please request a hard copy version. Also take notice that this e-mail can possibly contain viruses and that the recipient is responsible for checking and deleting viruses. In no event will911 WINE or the sender be liable to anyone for any indirect, special, consequential or direct damages arising from this document and attachments or any use thereof.

8.3. No employee is authorised to conclude a binding agreement on behalf of 911 WINE by e-mail without the express written confirmation of a director of911 WINE. Nothing contained in this e-mail shall be construed as a legally binding agreement or an offer to contract.

9. DISCLAIMER OF WARRANTIES

9.1. YOU FURTHER UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.

9.2. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 911 WINE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY 911 WINE OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

9.3. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

9.4. YOU ACKNOWLEDGE THAT 911 WINE DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, 911 WINE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.

9.5. 911 WINE DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.911 WINE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY 911 WINE VIA EMAIL OR OTHER MEANS, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES 911 WINE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF 911 WINE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.

9.6. 911 WINE ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF 911 WINE, ITS AFFILIATES, ITS LICENSORS OR A USER’S OWN ERRORS AND/OR OMISSIONS.

9.7. 911 WINE DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED.

9.8. ALL THE INFORMATION APPEARING ON THIS SITE IS PROVIDED WITHOUT A REPRESENTATION OR WARRANTY WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, AND 911 WINE DISCLAIMS ANY LIABLE TO THE USER IN THIS REGARD.

10. LIMITATION ON LIABILITY

10.1. 911 WINE has taken reasonable steps as far is possible, to ensure the accuracy and completeness of the content shown on this site, to ensure that the user doesn’t suffer any loss or damages as a result of the use of this site.

10.2. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL 911 WINE OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING 911 WINE.CO.ZA OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE 911 WINE OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF 911 WINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.3. OUR LIABILITY TO YOU IN CONNECTION WITH ANY ORDER WILL NOT EXCEED THE TOTAL PRICE CHARGED FOR THE RELEVANT ITEMS AND THE SHIPPING COSTS.

10.4. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, in such jurisdictions, liability is limited to the fullest extent permitted by law.

11. TERMINATION

Notwithstanding any of these terms and conditions, 911 WINE reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site.

12. SEVERABILITY

If any provision of these terms and conditions is held to be invalid, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

13. USER’S LIABILITY TO 911 WINE

In the event that 911 WINE takes action against you for breach of these terms of use, you agree to reimburse 911 WINE for all legal costs, including tracing fees and collection commission, on a scale as between attorney and own client.

14. PRICES :

14.1. The price of each product is displayed with the product. In the event of a sale or special offer, the discounted price is displayed.

14.2. Prices are inclusive of Value added tax at the rate of 15%.

15. DELIVERIES

15.1. Subject to availability and receipt of payment, delivery will be made to the address specified by you.

15.2. 911 WINE do our best to secure delivery within 4 days of the date of your order but will not be liable for loss occasioned by delay in delivery arising out of any cause beyond our control.

15.3. All goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the 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. The courier service will subsequently arrange a suitable date and time for delivery.

16. PAYMENT METHODS

16.1. Credit card payments.

16.1.1. At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order.

16.1.2. Payment is only collected when the order is completed and the goods shipped.

16.2. Coupons

16.2.1. The user can also choose to use any of his available coupons to pay for an order.

16.2.2 Coupons can only be redeemed online at www.911 Wine.co.za.

Note that to protect it’s own and the interests of customers, 911 WINE scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if 911 WINE is not satisfied with it’s legitimacy.

17. CREDIT CARD ACQUIRING AND SECURITY

Credit card transactions will be acquired for 911 WINE via PayGate (Pty) Ltd who are the approved payment gateway for Nedbank. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

18. CUSTOMER DETAILS SEPARATE FROM CARD DETAILS

Customer details will be stored by Wine-of-the-Month Club separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za

19. RESTRICTIONS ON SALES

19.1. Wine is not shipped to addresses outside the borders of South Africa.

19.2. Wine is not sold to persons under the age of eighteen years. For this reason, we may refuse an order at our discretion and orders may not be transferred from the customer to any other person.

20. AGREEMENTS OF SALE

20.1. Placing an item in a shopping basket without completing the purchase cycle does not:

20.1.1. constitute an agreement of sale between 911 WINE and users cannot hold 911 WINE liable if such items are not available when the purchase cycle is completed later; and/or

20.1.2. constitute an order for such an item; and

20.1.3. 911 WINE may remove such an item from the shopping basket or wishlist if no stock is available.

20.2. An agreement of sale between 911 WINE and a user only comes into effect if and when:

20.2.1. A credit card authorisation is received from the issuing bank; or

20.2.2. The user has enough Coupons to pay for the order and this payment option was selected.

20.3. 911 WINE reserves the right to refuse to accept and/or execute an order without giving any reasons. 911 WINE also reserves the right to cancel orders in whole or in part as circumstances dictate. 911 WINE shall only be liable to refund monies already paid by the user.

20.4. 911 WINE shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices,911 WINE will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.

21. STOCK AVAILABILITY

21.1. Stocks of all goods on offer are limited. 911 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, 911 WINE shall only be liable to refund monies where it is unable to fulfil orders at advertised prices.

21. SPECIAL OFFERS

22.1. 911 WINE shall not be liable for the sale of items at lower prices if such prices were increased and users and/or purchasers could not, for any reason whatsoever, conclude an agreement of sale while such prices remained low.

22.2. If 911 WINE supplies the wrong product or if the product is in any way faulty or damaged, 911 WINE will exchange it for the correct one. However, if the product is no longer being offered at the special price, it will not be replaced and 911 WINE will refund the purchase price including delivery costs.

23. RECORDS OF TRANSACTIONS

Consumers can view or print a full record of the transaction that is maintained for a period of twelve months on the 911 WINE website.

24. CANCELLATION & RETURNS

24.1. You have the right to cancel your order up to 5 working days after the day following the delivery of the goods by calling 911 WINE on +27 (0)21 9130105. You can also cancel your order by

e-mail at info@911Wine.co.za.

24.2. In the event that the goods have already been dispatched at the date of receipt of your cancellation of the order, you must return the goods to us and we will refund you with the price of the goods within 30 days, beginning with the day on which notice of cancellation was given.

24.3. If you do not return the goods or fail to make them available for collection within 30 days of your order, you will be deemed to have accepted the goods and will be charged for your order.

24.4. Should the wine be found faulty, please contact us within 5 days of receipt of your order.

24.5. Cancelled and/or returned orders are subject to the delivery charges. These charges must be paid by you. However, if the wine is found to be faulty in any respect, we will not expect you to pay the shipment charges.

25. CREDIT CARD REFUNDS

911 WINE processes refunds to the credit card used at the time of purchase upon receiving your returned shipment. Please allow 30 days for the refund to appear on your credit card statement. If you have made payment by any other means we will send you a cheque or will transfer the refund via Electronic Funds Transfer.

26.DOMICILIUM

911 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,

2 Oude Westhof Medical Centre, 28 Van Riebeeckshof Road, Oude Westhof, 7530.

27. APPLICABLE LAW

The terms and conditions pertaining to any products or services appearing on this site or pages shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Application for any of the products or services offered on this site or pages will constitute the users consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to this site or such products or services.

28. THE TERMS “THE USER” AND “YOU”

The terms “The user” and “You” are used interchangeable and refer to all individuals and/or entities accessing this web site for any reason.

29. INFORMATION DISCLOSURE

29.1 The following in formation is disclosed in terms of section 43 of the Electronic Communications and Transactions Act (ECTA), 25 of 2002 and section 41 of the Close Corporations Act, 69 of 1984:

Full Name and Legal Status:	DURBANVILLE VALLEY WINES (PTY) LTD T/A 911 WINE
Registration Number:	2020/482749/07

Place of Registration:	Republic of South Africa
Physical Address:	2 Oude Westhof Medical Centre, 28 Van Riebeeckshof Road Oude Westhof 7530
Postal Address:	PO Box 12148 N1 City 7463
Telephone Number:	+27 (0)21 9130105
Facsimile Number:	086 733 0975
Website Address:	www.www.911 Wine.co.za
E-mail Address:	info@911Wine.co.za
Membership of Self-regulatory bodies to which 911 WINE belongs and the contact details of that body:	Western Cape Liquor Board Street Address: 3rd floor, Sunbel Building 3 Old Paarl Road, Bellville 7530 Telephone: 021 2049700 Web: www.wcla.gov.za
The Physical Address where 911 WINE CC will receive legal service of documents:	2 Oude Westhof Medical Centre, 28 Van Riebeeckshof Road Oude Westhof 7530

29.2 The following in formation is disclosed in terms of the Promotion of Access to Information Act, 2 of 2000:

This Terms and Conditions was most recently updated on 22 October 2022.