Terms & Conditions

Welcome to the Wines2Whales Merchandise Store website. This site is owned by Cape Epic (Pty) Ltd, registration number 2016/451564/07. Cape Epic provides the information contained on this website and the pages comprising the website, and advertises and sells the products to you subject to these Terms and Conditions. Please read these Terms and Conditions carefully and should you have enquiries, please email support.

Acceptance

These website terms and conditions apply to your use of the Wines2Whales Merchandise Store website, wines2whales.store. You should read these Terms and Conditions carefully and we recommend that you print and keep a copy for future reference. By accessing, browsing, using or registering with the Website you confirm that you have read, understood and agree to these Website Terms in their entirety. If you do not agree to all of these Website Terms, you must not use this Website.

Accuracy Of Content Of The Website

Wines2Whales has taken all reasonable steps to ensure that each product described or depicted on this website and any other information (such as pricing) displayed on the website is current, complete and accurate. However, content errors may occur. For this reason and if the law allows it, the information displayed on our website is provided without any guarantees, conditions or warranty as to its accuracy. Some descriptions or photographs of products and packaging may be of a generic nature and not specific to the particular product you wish to buy. If you are uncertain about information on a product advertised on this website, please contact Wines2Whales directly on merchandise@wines2whales.com and we will assist you.

Website Registration

As an unregistered user you will be able to browse the products offered on the website as well as add them to your cart. However, when you choose to check out you will be required to login with your username and password. If you do not have a username and password you will be required to register on the website. Registration requires filling in a short form, which will create login details. Once the registration is complete and you are logged in you will then be able to check out. The check-out process requires credit card details.

Password/Account Security

Users are responsible for maintaining the confidentiality of their password and account, and any activities that occur within. Wines2Whales Merchandise Store shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

Accuracy Of Content

To the extent permitted by applicable law, Wines2Whales Merchandise Store disclaims all representations and warranties, express or implied, that content or information displayed in or on this website is accurate, complete, up-to-date and/or does not infringe the rights of any third party. The views expressed in user-generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of Wines2Whales Merchandise Store, Cape Epic or any of its associated companies.

Your Personal Information

These Website Terms supplement (and are in addition to) the terms of our Privacy Policy. Please note that when you agree to these Website Terms you shall be deemed also to have read, understood and agreed to our Privacy Policy in its entirety.

Procedures for Ordering

Placing An Order

Once you have selected the product/s you wish to buy and submitted your online order, you will be shown an order summary page and given the opportunity to review the ordered items and correct any mistakes before proceeding. By clicking on the "Place order" button you will have confirmed your online order which constitutes an offer to purchase the product subject to these Terms and Conditions.

Confirming An Order

Once we have received your online order we will formally confirm or notify you of our acceptance of the order via email. However, technical or other problems may delay or prevent such confirmations. PLEASE DO NOT send an additional order if you do not receive confirmation from us as this may lead to a duplicate transaction. Should you have not received your order within 4 business days, please contact us on 021 426 4373 or send an email to merchandise@wines2whales.com.

Cancellation Of An Order

You only have 2 hours to cancel an order, from when you click the "Place order" button. You have to contact us either by the customer service line or send an email to merchandise@wines2whales.com with your order number in the subject line. Wines2Whales Merchandise Store reserves the right to refuse to accept or process payment on any order, and may cancel any order if we reasonably suspect that fraud is being perpetrated on your account. However, we accept no liability which may arise as a result of our refusal to process any order.

Pricing

We will take all reasonable efforts to ensure that prices reflected on the website are accurate. You will be charged the prices reflected on the website. Prices are quoted in South African Rand (ZAR) and include Value-Added Tax (VAT). Special promotions may be limited to separate offer conditions and stipulations.

Stock Availability

Products displayed on this website are subject to availability.

Delivery

Where We Deliver

Delivery should take place within a maximum of 6-8 working days of placing an order. The FNB Wines2Whales Store offers local delivery within South Africa and delivers only to physical addresses. We do not deliver to rural areas, farms, post offices or PO Boxes.

Delivery Times

Cape Epic Logo Store offers a Monday to Friday (8am - 5pm) delivery service. We do not deliver on weekends or on any public holiday in South Africa. We are not able to offer specific delivery times during the day.

Delivery Charges

We charge a standard delivery fee of R150 on all orders. There is a Click & Collect option for orders that would like to be collected at the FNB Wines2Whales Office in Cape Town.

INTERNATIONAL DELIVERY WITH DHL
DHL International Standard Delivery is 2-4 weeks, offering a Monday to Friday Delivery service. DHL do not deliver on weekends unless otherwise specified. We are not able to offer specific delivery times during the day. Shipment fee is calculated based on the weight and dimension of your parcel. Please note that this EXCLUDES CUSTOMS VAT & DUTIES, and these additional charges will be at your own account.

Payment

Payment may be made via Visa & MasterCard into the Wines2Whales bank account, the details of which will be provided on request.

Card transactions will be acquired for Wines2Whalels via PayGate (Pty) Ltd who are the approved payment gateway for all South African
Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the
website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Customer details will be stored by Wines2Whales separately from card details which are entered by the client on DPO PayGate’s secure site.
For more detail on DPO PayGate refer to www.paygate.co.za.

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is
South African Rand (ZAR).

Wines2Whales takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

We will debit the total value of your purchase against the payment card tendered at the time of your transaction. We currently accept South African and International credit/debit cards (Visa and MasterCard).

Disclosures required in terms of section 43 of the Electronic Communications and Transactions Act 25 of 2002

Full name: Cape Epic (Pty) Ltd T/A Wines2Whales Logo.store
Physical address: 2^nd Floor, 21 Pepper Street, Cape Town, 8005
Website address: www.wines2whales.store
Email address: merchandise@wines2whales.com
Registration number: 2016/451564/07
Vat Registration Number: 4290212028
Country of incorporation: South Africa
Managing Director: Michael Flinn
A full record of your transaction can be accessed by logging in and clicking on the My Orders tab in My Account. You may request a record of your transaction for up to 90 days after which we will not be obligated to keep any records of your transactions.

Copyright and all intellectual property rights in all materials, texts, drawings, graphics, logos, icons and any data made available on this website (collectively "the materials") are owned by Cape Epic Pty Ltd or its content suppliers and thereof protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights. You may only use the materials or any component thereof for your information purposes or for the purposes of ordering products from Wines2Whales. The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of Cape Epic Pty Ltd and its partners or suppliers. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of Cape Epic Pty Ltd.

Links To Other Websites

External links are provided for your convenience but they are beyond the control of Wines2Whales and no representation is made by Wines2Whales as to their content, source or any risks that may incur through linking to other websites. Use or reliance on any external links provided is at your own risk and we accept no liability in respect of such use. When visiting external links you must refer to the external terms and conditions of use.

You may not link to this website, in any manner, or frame any content of this website in any other manner or otherwise use the content without the express prior written permission of Cape Epic Pty Ltd.

Use of Website

Only you and Cape Epic Pty Ltd shall be entitled to enforce these Website Terms. No third party shall be entitled to enforce any of these Website Terms. Cape Epic Pty Ltd shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order be stopped or cancelled.

By accessing and using the website, you warrant and represent to Cape Epic Pty Ltd that you are legally entitled to do so to purchase any of the products offered for sale through the website. You further warrant that all the details you have given are true and complete and that you are legally capable of concluding this transaction. If you are younger than 18 years of age you warrant that you have the consent of your parent or legal guardian to enter into this agreement with Cape Epic Pty Ltd or that you have obtained legal status in another manner.

We may in our sole discretion at any time suspend or terminate the operation of the website without prior notice to you and without the need to give you reasons for such termination.

Address For Service

The address for service for all purposes relating to these terms of use including the giving of any notice, the payment of any sum, the serving of any process, is the address set out above and the fax number set out above.

Cape Epic Pty Ltd shall be entitled from time to time, by giving notice to you, to vary its physical address for service to any other physical address within the Republic of South Africa, and to vary its facsimile address for service to any other facsimile number.

Entire Agreement

These Website Terms and our Privacy Policy, set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

Other Legal Notices

Cape Epic Pty Ltd shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.

All provisions of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these Terms which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be excluded from the agreement between us and the remaining provisions of these Terms shall remain in full force and effect.

Should Cape Epic Pty Ltd be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Cape Epic Pty Ltd is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding event. In the event that such event continues for more than 14 days after it has first occurred then Cape Epic Pty Ltd shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An event outside the control of Cape Epic Pty Ltd shall mean any event or circumstance whatsoever which is not within the reasonable control of Cape Epic Pty Ltd including, but not limited to, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement or any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities.

These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith.