TERMS AND CONDITIONS

GENERAL INFORMATION AND TERMS

GENERAL INFORMATION

•  “We” and “us” and “our” refer to Truter Family Wines or TFW
• We are a closed corporation in accordance with the laws of the Republic of South Africa with registration number 2008/061934/23
• The directors of Truter Family Wines are Hugo and Celeste Truter, available at 14 Richter Avenue, Wellington.
• The postal address of Truter Family Wines is 14 Richter Avenue, Wellington, 7654, South Africa.
• The address of the establishment of Truter Family Wines is 14 Richter Avenue, Wellington., 7655, South Africa and we will accept service of all legal documents there;
• The telephone number of Truter Family Wines is Tel: +27 (0) 83 639 6288.
• The e-mail address of Truter Family Wines is hugo@truterfamilywines.co.za
• Our VAT number is 4130258207;
• Our webmaster can be contacted at celeste@truterfamilywines.co.za

 

DETAILED DESCRIPTION OF GOODS AND/OR SERVICES

Truter Family Wines (TFW) is a business in the wine industry that produces, markets and sells wine.

 

GENERAL CONDITIONS OF USE OF THIS WEBSITE

In South Africa, it is an offense to supply alcohol to persons who are under the age of 18.  You are therefore only allowed to use this website and/or order products if you are over the age of 18 and able to conclude binding contracts with us.  If you are from another country of residence, you need to be over the relevant legal drinking age. If you do not comply with the aforesaid you may not place any orders for products on this website. We may require you to provide us with suitable documents proving your age and/or legal capacity prior to registering you or accepting any order from you. Be sure to exit this website immediately should you not meet these requirements.

You may not access this site for any purpose other than for utilizing the services offered on it in a 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 that 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 website 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, does not represent our views and we have not authorized or endorsed such content.

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INTELLECTUAL PROPERTY

Unless clearly stated otherwise, we are either licensed to use or own all the content which appears on this website.  This includes logos, trademarks, and copyright material.  You are in no way allowed to use intellectual property belonging to us or our licensors unless written consent has been obtained from us.

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FILES AND CONTENT PROVIDED

We grant you permission to use content that is expressly stated to be available for download on the TFW website.  The downloading and use of content contained on this website is done at your sole discretion. You should independently verify the completeness and reliability of the information provided on or via this site.
It is the responsibility of the user to scan the documents for viruses or other faults and defects.  Should there be any damage to your computer or software arising from the use of and/or downloading data from this website, it is at the user’s risk and responsibility to repair as TFW cannot guarantee that any file obtained from this website is free from viruses. You are responsible for implementing suitable protection mechanisms to prevent such harm from occurring.
For your convenience, we may include links to other sites on the Internet that are owned or operated by third parties. When linking to such a site, you do so at your own risk. The inclusion of any link on this website does not imply that we endorse the linked site. Please contact the relevant website proprietor if you have a complaint about the activities or contents of a third-party website.

ACCESS TO OUR WEBSITE IS PROVIDED TO YOU FREE OF CHARGE. RELIANCE ON AND USE OF OUR WEBSITE, 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 may 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 services. You accept that you will be personally liable for all transactions concluded on your account.

We must 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 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.

 

ORDERING TERMS

Once you have duly subscribed to our ordering services, you may submit orders to us by completing our standard online order form and submitting the same to us in the prescribed manner. Our website ordering process will provide you with an opportunity to review the entire transaction, correct any mistakes, and withdraw from the transaction before finally submitting your order.

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ORDERING

Once submitted, your order will constitute an offer on the terms and conditions contained in these terms that is open for acceptance by us to conclude a binding agreement with you. No conflicting terms or conditions incorporated by you in your order will form part of any agreement concluded between us. Upon receipt of your order, we will try to acknowledge your order via email to the address stated in your order. Acknowledgment of the order does not constitute acceptance of your order and no contract will come into being as a result thereof.

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ACCEPTANCE

Once we have assessed your order we will send a notice to you indicating our acceptance or rejection of your order. Such notice will be sent to you by electronic mail to the address specified in your order. A legally binding contract will be formed between us upon the earlier of (i) our sending of such a notice accepting your order to you, or (ii) our delivery to you of any of the products ordered. We reserve the right to refuse any order placed by you and will notify you by electronic mail if this is the case. TFW cannot sell wine to anyone under the age of 18 years. Orders may not be transferred from you to any other person.

Please note that while we will try to send you an acknowledgment and notice of acceptance or rejection for every valid order, we receive from you, we cannot guarantee that such acknowledgments and notices will be received by you, nor that, if they are received by you, that they will be legible and uncorrupted. Your failure to receive such acknowledgment or notice will not affect the validity of the agreement concluded between us in respect of an order.

If you do not receive a confirmation notice after submitting your order, or if you experience an error message or service interruption after submitting your order, you should confirm with us via email at hugo@truterfamilywines.co.za or telephone at +27 (0)83 6396 288 whether or not your order has been received and processed. Only you may be aware of any problems that may have occurred during the ordering process. It is your responsibility to ascertain if we received your order.

The information you have submitted with your order will be processed as you have provided it. If you realize that an error has been made or that you need to make a change to such information, you should contact us via telephone at +27 (0)83 6396 288 immediately. Please remember that no refunds are possible for losses resulting from such errors.

A complete record of your order will be sent to the email address you provide to us during the ordering process. You should retain such a record. We will also retain records of completed orders previously placed by you via this site for a period of at least 6 (six) months, but they will not be available on this site. For access and information on such records, you can contact us via email at

hugo@truterfamilywines.co.za  or telephone at +27 (0)83 6396 288.

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PRODUCTS AND PRODUCT DESCRIPTIONS

The main characteristics of all products offered via this website are contained on the website. We try to ensure that all products that appear on this website are displayed and described completely and accurately. Kindly notify us immediately if you become aware of any omissions or inaccuracies pertaining to such display and description.

The supply of products (including pursuant to any special promotion) displayed or made available via this website depends upon the availability thereof. We may without prior notice discontinue the availability or change the description of Products or special promotions that are displayed on or made available via this website. Special promotions may be subject to certain additional terms and conditions which will be clearly set out.

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PRICING

All prices displayed on this website are in South African Rand and are valid only for delivery in the Republic of South Africa. All prices quoted include Value Added Tax (VAT), currently at 15%. Prices quoted are per bottle or per case, as indicated. Any other taxes and duties will be charged separately. We reserve the right to vary prices with respect to any products offered on the website at any time, without notice. All prices indicated as applying to products on this website will be exclusive of delivery fees which will be separately charged to you in respect of all deliveries in accordance with the specified rates.

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PAYMENT

We will not be obliged to deliver any products to you prior to receiving full payment of the full agreed purchase price payable for such products. You will be required to provide the necessary payment account details (such as credit card details) and to authorize payment of the amounts payable for the products ordered when submitting your order. By submitting an order to us, you authorize us to debit your designated account with the relevant amounts due for the products ordered. Such authorization will allow us to obtain payment at any time after our acceptance of your order, although such acceptance may be prior to our delivery of such products. Should we be unable to duly effect such payment for any reason your order may be cancelled. You warrant that you are duly authorized to make payments from the account designated by you. You also authorize us to pay all amounts to be refunded to you into such an account.

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REFUNDS POLICY

Where you have paid by credit card, TFW will process any refund to the credit card used for the purchase. In any other case, TFW will refund you by EFT transfer.

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WINE CLUB MEMBERSHIP

When signing up for the Bosman Wine Club, you agree to have your credit card charged on a quarterly basis for your quarterly wine delivery.  Your credit card may be charged in the beginning of the months of March, June, September, and December.  If your credit card has expired or if debiting of charges proves to be unsuccessful, you will personally be contacted via telephone or email with a request to update your credit card details, which you will promptly do in the manner requested.

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LIABILITY
IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR THE CLAIMS ARISING IN CONNECTION WITH ANY ORDER EXCEED THE PURCHASE PRICE ACTUALLY RECEIVED FROM YOU PURSUANT TO SUCH ORDER FOR THE PRODUCTS SUPPLIED THEREUNDER GIVING RISE TO THE CLAIMS, IRRESPECTIVE OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, STATUTE OR DELICT, INCLUDING FOR NEGLIGENCE), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW.

WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES OF ANY KIND WHATSOEVER ARISING IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING WITH RESPECT TO ANY ORDER OR ANY SERVICES PROVIDED BY US (WHETHER IN CONTRACT, STATUTE, OR DELICT, INCLUDING FOR NEGLIGENCE), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW.

YOU ARE RESPONSIBLE FOR ASCERTAINING WHETHER OR NOT THE PRODUCTS ORDERED ARE SUITABLE FOR YOUR PARTICULAR REQUIREMENTS. WE DO NOT ORDINARILY OFFER OR SUPPLY PRODUCTS FOR ANY SPECIFIC OR PARTICULAR PURPOSE.
YOUR PRIVACY AND PERSONAL INFORMATION

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The use of your personal information by us is subject to our privacy policy.

 

COMPETITIONS

Unless expressly stated otherwise these terms will apply to all competitions offered on this website. In the event of a 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 this website. 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 this website 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 any entity in our group or for the supplier of the prizes for the relevant competition (including any director, employee, contractor, agent, or consultant) and any person with more than 5% shareholding in any of our group entities, or for any of our advertising, media or public relations agencies, as well as any family members of any of the aforesaid are prohibited from entering any competitions offered on this website.

The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries.

We will be entitled to all rights, titles, and interests 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, you will be required to obtain your parent’s or legal guardians’ advance authorization, permission, and consent to participate 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 judge’s decision will be final. We will not enter into correspondence.
All entrants’ information will be used only in accordance with our Privacy Policy.

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.

Multiple winners may be subject to a 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 traveling abroad, winners must be in possession of a valid passport, required visas, and 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 ECLUDED UNDER APPLICABLE LAW.

 

GENERAL

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 or arising from the use of this website or any orders placed with us.

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WAIVER

Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. If any of these terms or conditions are held by a court of competent authority to be unlawful, invalid, or unenforceable, in whole or in part, then such terms or conditions will be regarded as severable and will not affect the validity of the remaining terms and conditions which will continue to be valid and enforceable to the fullest extent permitted by law.

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ENTIRE AGREEMENT

These terms of use and the terms incorporated herein by reference and the relevant terms implied herein by applicable law constitute the entire agreement between you and us with respect to this site, the services offered here, and any products and services acquired through this site. These terms of use shall override any contrary terms or conditions incorporated by you in your communications with us and any such conflicting terms or conditions will not form part of the agreement concluded between us.

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VARIATION

TFW may, in its sole discretion, change these terms or any part thereof at any time without notice. Your use of this website, including ordering of any products via this website constitutes your acceptance of these terms.

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ASSIGNMENT

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.

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FORCE MAJEURE

We will be excused from a failure to perform or delay in the performance of our obligations hereunder if and to the extent that circumstances outside our reasonable control prevent or delay such performance.

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CUSTOMER SERVICE

Please contact TFW should you have any questions, suggestions, or comments.  TFW appreciates your patronage and will strive to provide you with exceptional service.

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Dated: July 2023