THE WINE JOURNEY TERMS AND CONDITIONS

These terms and conditions shall govern the purchase and sale of all products listed on this website (www.thewinejourney.co.za) (“the Website”) from time to time (“the Products”). Your use of the Website indicates acceptance of these terms and conditions.

1. CONDITIONS OF SALE
   1. Your placement of an order via the Website to purchase any Products constitutes an offer to purchase and acceptance occurs upon the receipt of an email from The Wine Journey confirming the order.
   2. The Products displayed on the Website may from time to time be out of stock or they may have been discontinued. The Wine Journey does not guarantee the availability of any of the Products.
   3. The Wine Journey shall not sell alcoholic Products to persons under the age of 18 years, and it reserves the right to refuse any order in its sole discretion.
2. PAYMENT
   1. All prices for Products and Delivery or Shipping are displayed in South African Rands and are inclusive of VAT at the rate of 15%.
   2. Payment for an order and Delivery or Shipping fees must be made following Check-out. No order shall be deemed to have been placed by you until such time as full payment for the order has been made.
   3. Your use of any of the payment methods listed at Check-out is done entirely at your own risk, and The Wine Journey shall not be liable to you or to any third party for any loss or damages arising out of the use of any such payment method, unless such loss or damage is the sole and direct result of gross negligence or wilful default. 
   4. Should any Products that you have ordered subsequently prove to be out of stock or unavailable, you shall not be charged for the Products concerned or if you have already made payment for those Products, The Wine Journey shall give you the choice of ordering alternative Products to the same value, or having the amounts concerned credited to your account on the Website.
3. DELIVERY AND SHIPPING
   1. Estimated delivery time for orders to be delivered within the Republic of South Africa will range between 3 – 7 working days (being days other than a Saturday, a Sunday or a South African public holiday). The Wine Journey shall not be liable for any failure to comply with the estimated delivery times.
   2. Should you require shipping outside the borders of the Republic of South Africa, a separate enquiry must be made to The Wine Journey to determine the cost and estimated delivery times. 
   3. You must inspect all Products upon delivery thereof. In the unlikely event that you receive a Product that is damaged, please contact The Wine Journey within 7 days from the date of delivery and send photo evidence.
4. RETURNS AND REFUNDS
   1. Where a Product is returned because the Product is defective, damaged or the quality of the Product has been compromised, The Wine Journey will either replace the Product, issue a credit note on the Website or process a refund for the damaged Product, provided that The Wine Journey has determined in its sole discretion that the quality of the Product has been compromised or is defective or damaged.
   2. If you are not satisfied with any of the Products ordered via the Website, The Wine Journey will exchange the order, issue a credit note on the Website or offer a full refund depending on the circumstances and reasons for your dissatisfaction.
   3. Please note that The Wine Journey will not exchange or refund the order if the Products were not to your personal preference.
   4. Any returns made by you that were not as a result of the fault of The Wine Journey or due to damaged Products will bear a fixed fee of R200.00, payable before any refunds will be made.
   5. A refund will only be processed once the relevant Products have been returned.
   6. The Wine Journey will not accept any return unless the relevant Products are returned in their original packaging or are packaged effectively to allow for return delivery or shipping without compromising the contents.
   7. The Products must be returned within 10 days from the date that you received delivery of the Products.
5. LIMITATION OF LIABILITY
   1. The Wine Journey does not produce or manufacture any of the Products and therefore does not make any representations or warranties of any kind, express or implied about or in relation to the Products.
   2. You acknowledge and agree that your use of the Website and your purchase of any Products via the Website, is done at your sole risk, and you hereby irrevocably indemnify The Wine Journey, it’s employees, officers or agents against any claim in respect of any loss or damages suffered by you and/or any third party, arising out of your use of the Website and/or your purchase of any Products via the Website, howsoever arising, provided that no party shall be exempt from liability where the loss or damage is the sole and direct result of that party’s gross negligence or wilful default.
   3. You agree that any liability that the Wine Journey, it’s employees, officers or agents may have towards you in connection with an order or Product shall be limited to an amount equal to the aggregate amount actually paid by you to The Wine Journey in respect of the specific order or Product.
   4. The Wine Journey has taken reasonable steps as far as possible, to ensure the accuracy and completeness of the content and information contained on the Website, but it cannot guarantee the accuracy of the information nor does it make any representations or give any warranties or guarantees regarding the security, compatibility, reliability, completeness or freedom from viruses of the content or information contained herein or that such content or information shall be up to date, uninterrupted or error free. The Wine Journey shall not be liable for any loss or damages arising from or in connection with the content or information provided on the Website.
6. FORCE MAJEURE
   1. The Wine Journey shall not be liable to you for a failure to perform any of its obligations in terms of the Website or these Terms and Conditions where such failure was due to an act, event or occurrence that was beyond The Wine Journey’s reasonable control, was not foreseeable and could not have been reasonably avoided or overcome.
   2. Examples of these acts, events or occurrences are (although not limited to these examples) war, riots, protests, civil violence, natural disasters such as storms, earthquakes and floods, fires, industrial action such as strikes, boycotts or states of emergencies or disasters including government-imposed alcohol bans.
   3. If such act, event or occurrence has not been overcome or its effect nullified within a period of 60 days, then either you or The Wine Journey shall be entitled to cancel the order and no party shall have any claim against each other, arising out of such cancellation, whatsoever.
7. APPLICABLE LAW
   1. These terms and conditions and any orders or Products appearing on the Website shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Use of this Website will constitute your 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 Website or the Products.
8. INTELLECTUAL PROPERTY RIGHTS
   1. The Wine Journey owns all the right, title and interest in and to the Website, its logo, all content, images and videos appearing therein. No person may use or replicate anything from the Website without the prior written consent of The Wine Journey.