Domaine Coutelier

TERMS AND CONDITIONS
These Terms and Conditions pertain to the use of the website located at the domain name www.domainecoutelier.com. By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. Please note the importance of reading these Terms and Conditions carefully. Under South African law they affect your consumer rights and liabilities.

Preamble
Domaine Coutelier is a brand name adopted by the Red White Pink Wine Company Ltd, a limited responsibility company registered in and operating under the laws of South Africa. Registration Number 2011/002949/07, whose Physical address is: Farm 90, Portion 45, Blumenberg Drive, Stellenbosch 7600 and whose Postal address is : Postal Box 346, Stellenbosch 7599, known for the purposes of these Terms and conditions as RWPWC.

For all purposes the names Domaine Coutelier and RWPWC shall be considered legally bound and inseparable. Thus all contractual commitments made to the trade name Domaine Coutelier will be de facto contractually binding to RWPWC and all contractual obligations assumed by Domaine Coutelier will be de facto contractually binding to RWPWC. Thus in these current Terms and Conditions the term RWPWC shall refer conjointly to both the Red White Pink Wine Company Ltd and the brand name Domaine Coutelier.

The browser of the website is referred to for the purposes of these Terms and Conditions as the “User” or the “Purchaser”. These terms are interchangeable.

Age of Consent
The User confirms that they are of legal age in his/her country of residence to purchase or consume the alcoholic beverages being sold on the Website. The age of consent in South Africa is 18 years old; however some countries may have a higher age limit or a complete ban on alcoholic consumption. It is the User’s responsibility to ensure that he/she is of the required age. Furthermore, access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited.

Alcoholic Nature of Wine
All wines produced, labeled and sold by Domaine Coutelier (RWPWC) are done so under the control of SAWIS, the Department of Agriculture, Department of Health, the Wine and Spirit Board and the Western Cape Liquor Authority.
Labels are produced in conformity with the above legal bodies.
Alcohol is to be consumed in moderation by consenting adults over the legal age limit in his/her country.

The Department of Health requires one of the following statements to be printed on wine containers:
1. Alcohol reduces driving ability, don't drink and drive.
2. Don't drink and walk on the road, you may be killed.
3. Alcohol increases your risk to personal injuries.
4. Alcohol is a major cause of violence and crime.
5. Alcohol abuse is dangerous to your health.
6. Alcohol is addictive.
7. Drinking during pregnancy can be harmful to your unborn baby.

When ordering wine from www.domainecoutelier.com, the user affirms that he is aware of the harmful nature of alcoholic substances and consumes entirely at his/her own responsibility.

For further information on the effects of alcohol and treatment for abuse consult www.sancanational.org.

Purchases
RWPWC, upon acceptance of an order placed by Purchaser, will supply the products and services specified to the Purchaser. The details of the order (e.g. quantity, price, and product specifications) shall be set forth in the relevant online order form.

The ordering online of goods and/or services binds RWPWC and the Purchaser into a contractual agreement and is expressly limited to these Terms and Conditions notwithstanding any contrary provision contained in Purchaser’s purchase orders, invoices, acknowledgements or other documents.

Prices
The prices payable by the Purchaser for goods and services to be supplied by RWPWC are specified in the applicable web page and related order process and will include VAT.

For any specific or beneficial pricing, RWPWC shall provide a coupon code which shall enable the Purchaser to benefit from a specific price. Should a code be entered by a person not authorized to use such a code, the price shall not be valid and the Purchaser shall be liable for the difference.

No other discount or reduction in price shall be implied or accepted unless otherwise expressly stated in an order, all prices exclude shipping. Shipping costs may vary according the order size and destination.

Supplementary shipping charges may apply for outlying areas or any special delivery requirements. The Purchaser will be contacted under these circumstances to confirm his/her acceptance of these shipping charges.

Cancellation
RWPWC will be liable to refund any purchase as defined within the Consumer Protection Act subject to the following conditions.

An appropriate fee for administration costs may be levied and deducted from such a refund at the discretion of RWPWC. If an order has not yet been dispatched from RWPWC or subcontractor, then cancellation will incur no further addition cost and the appropriate refund will be made.

If an order is canceled after being dispatched from RWPWC or subcontractor’s facility, the shipping charges incurred, including any further additional charges when returning the goods to sender will be for the account of the Purchaser, and shall as such de deducted.

Should the goods be delivered to the Purchaser and the Purchaser decide at a later date to cancel the order, RWPWC will have no obligation to accept the return of the goods and or refund such goods.

Should RWPWC, at its discretion decide to waive all or a part of any costs associated with cancellation, such discretion, if accorded, shall in no way be deemed as changing the nature of this purchase term.

For faulty, damaged or lost goods or other anomalies, the above conditions shall be suspended for the portion of such goods to be of this state.

Availability of goods,
RWPWC reserves the right to cancel an order for which payment has already been received.

This may occur if there is insufficient stock or availability of a particular item. In this event RWPWC shall endeavor to provide an alternative but similar product.

Should the Purchaser not wish to be take up the alternative product then RWPWC will provide a full refund with no deductions.

Payment
Payment shall be in full and final prior to delivery. It should be noted that it is a requirement of the Western Cape Liquor Board that no Credit be given for the sale of Alcohol to the public.

The Purchaser shall be able to pay for the goods via an Electronic Funds Transfer EFT or via Credit card using the Paygate gateway.

No credit card details are stored on the Domaine Coutelier website. Credit card transactions will be acquired for Domaine Coutelier via PayGate (Pty) Ltd who are the approved payment gateway. PayGate is fully PCI compliant and 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.

Delivery
Subject to availability and receipt of payment, orders will be processed and delivery time confirmed within 2 working days.

Delivery will generally take place between 4 to 9 working days.

Express service is available on request; please contact us on info@domainecoutelier.com for a quotation Products will be delivered to the delivery address specified by the Purchaser during the online order process. Should a change of address be required, this must be done in sufficient time before dispatch of the goods as to allow the Transporter to reschedule to a different address and may cause delay in the delivery time. Purchaser should contact RWPWC at info@domainecoutelier.com for split deliveries, which may incur additional costs,

Each delivery is deemed to have been made once the Product has been handed over to an individual at the chosen address. It is the Purchaser’s responsibility to check shipments upon arrival and to make any reservations and claims which might appear to be justified, or refuse the package if it appears to be damaged. The Purchaser shall have the right to remove packaging and open cases to check the internal contents of the goods but must make appropriate reserves in writing on the delivery documentation signed upon delivery.

Any reservations and claims must be forwarded to RWPWC via registered mail with an electronic copy to info@domainecoutelier.com within three working days of delivery.

RWPWC shall supply all goods to the delivery company in good order. RWPWC will not be held liable for the condition of goods arriving at the User's chosen delivery address, nor any further consequences or knock on effects of the poor condition of goods. RWPWC assumes no liability whatsoever, including loss of use or for any other direct, indirect, or consequential damages due the poor condition of goods.

Furthermore RWPWC shall organize transport of goods in good faith. RWPWC will not be held liable for any delay in the delivery of goods arriving at the User's chosen delivery address, nor any further consequences or knock on effects of any delay in the delivery of goods. RWPWC assumes no liability whatsoever, including loss of use or for any other direct, indirect, or consequential damages due to delays.

Once the goods have left RWPWC or subcontractor’s facility, the Purchaser shall be responsible for any storage or additional delivery charges in the event that the Purchaser or an adult older than the age of 18 is not available to receive the goods.

The Products may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.

Delivery may be made by employees of RWPWC or by nominated delivery companies. RWPWC reserves the right to provide the goods either from stock from his own or subcontractors storage or through any third parties as he chooses without effecting price or other conditions of sale.

Delivery Costs are deemed to include: Insurance, VAT, fuel levies & special packaging to ensure safe delivery.

Please note that during Christmas & Easter season times, delays can be experienced due to increased freight volumes & public holidays Wines cannot be delivered to Post Box numbers.

Anomalies
Should the order not be received within 14 working days, the Purchaser must inform RWPWC, who will endeavor to locate and expedite the order urgently. Should after a further 14 days the order still not be received then RWPWC shall consider the goods lost and dispatch a new shipment.

Should, at this stage, the Purchaser wish to cancel the order, he may do so without incurring penalties and the order will be refunded in full.

In the event that the Purchaser not be satisfied with any Product by reason of a formal wine defect, he/she may benefit from, under certain circumstances, and at the discretion of RWPWC a replacement or refund. No replacement or refund shall be entertained should the contents of the faulty wine have been consumed. Should RWPWC, at its discretion decide to offer a replacement or refund, such discretion, if accorded, shall in no way be deemed as changing the nature of this purchase term.

Any complaints regarding the standard and quality of the product or products bought by Purchases on the website should be directed to info@domainecoutelier.com.

E-Commerce & Privacy
The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the website owner. The website has a dual purpose of firstly; a marketing function to promote the brand Domaine Coutelier and secondly; to sell the products and services produced by RWPWC including alcoholic beverages.

The consumption of any wines bought from this Website is at the purchaser's risk. The purchaser indemnifies and holds RWPWC harmless against any loss, injury or damages which may be sustained as a result of using/consuming the wines, goods or services sold on the Website.

The private information required for executing the orders placed through the e-commerce facility, namely the User's personal information, delivery address and telephone numbers shall not be divulged to third parties without the consent of the User. However where delivery is required, the User hereby gives consent to RWPWC to forward delivery information; address and contact phone numbers, order information to the third parties assigned with the deliveries and in turn to any subcontractors.

RWPWC cannot be held responsible for security breaches occurring on the User's electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

Updating of these Terms and Conditions
RWPWC reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User's obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User's continued use of this Website following the posting of changes or updates will be considered notice of the User's acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Copyright and Intellectual Property Rights
RWPWC provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by RWPWC, its subcontractors, suppliers, or any other third party owner of such content, and includes but is not limited to photographs, Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs ("the Content"). All such proprietary works, and the compilation of the proprietary works, are copyright of RWPWC, its subcontractors, suppliers, or any other third party of owner of such rights ("the Owners"), and is protected by South African and international copyright laws. RWPWCs reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

Limitation of liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an "as is" basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither RWPWC nor any holding company, affiliate or subsidiary of RWPWC, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if RWPWC is expressly advised thereof.

Privacy: casual surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. RWPWC uses this information to determine use of the Website, and to improve Content thereon. RWPWC assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

Force Majeure
RWPC shall not be held liable for any failure to perform or delay in performance relating to goods or services supplied under these Terms and Conditions to the extent that any such failure arises from acts of God, war, civil insurrection or disruption, riots, government act or regulation, strikes, lockouts, labor disruption, cyber or hostile network attacks, inability to secure transport, or any cause beyond such party’s commercially reasonable control.

Choice of Law
This Website is controlled, operated and administered by RWPWC from its offices within the Republic of South Africa or its appointed subcontractor. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between RWPWC and the User with regard to the use of the Content and this Website.