Terms & Conditions when using
www.jhgwines.co.za

Agreement

By browsing the JHG Wines website and making use of our e-store functionality, you do so in accordance with the Terms & conditions laid out on this page.
Terms of Service

These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of JHG Wines’s (“Provider”) Website located at the domain name www.jhgwines.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. 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 Provider.

Electronic Communications

By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

E-Commerce & Privacy

The Website (www.jhgwines.co.za) sells wine and wine related goods online. The use of any product bought from this Website is at the User’s risk. The User indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.

The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery name, address and contact phone number will be made known to third parties delivering the product. Credit card details are not kept by the Provider under any circumstances.

The Provider 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.

Delivery, Refund and Return Policy

Subject to stock availability and receipt of payment, orders will be processed within 3 - 5 working days, or on the declared dispatch day, and handed over to The Courier for delivery. The Provider will supply all goods to the delivery company in good order. The Provider will not be held liable for the condition of goods arriving at the User’s chosen delivery address. OR The Provider will supply all goods to the delivery company in good order and will ensure that goods arrive at the User’s chosen delivery address in the same good order. In cases of unavailability, the Provider will refund the User in full within 30 days unless otherwise informed.

Unless otherwise specified on the Website, a set delivery charge will be incurred depending on the delivery terms the User has chosen. For very remote areas not serviced by standard couriers, the Provider will deliver via The Courier.

The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions.

If on receiving the order the User is not happy with the quality of the purchase or has found it to be damaged, the User must let the Provider’s Customer Care team know immediately (up to a maximum of 48 hours after delivery) on winefundie@jhgwines.co.za (including photographic evidence), and, if validated, the Provider will collect the item/s at the Provider’s expense and provide the User with either a replacement or a refund (at the Provider’s discretion) within 30 days, provided the item is in its original condition and original packaging.

Online Payment – PayFast Payment Gateway

All online payments are processed by the PayFast Internet Payment Gateway. The User may go to www.payfast.co.za to view PayFast’s security policies.

Payment Options

Payment may be made via debit card or credit card (Visa, MasterCard).

Updating of these Terms and Conditions

The Provider reserves the rights to change, modify, add 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

The Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to 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 the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers 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.

External links and advertising

Wherever this Website provides links to other Websites, this should not be construed as constituting any relationship or endorsement of the linked third party, and reliance on all information provided by the external link is done so at your own risk. Wherever third party advertising or promotional material is displayed on this Website, this should not be construed as the Provider endorsing or creating any relationship between the Provider and that third party. Reliance on any such material is entirely at your own risk.

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 Provider nor any holding company, affiliate or subsidiary of Provider, 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 Provider 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. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

Choice of Law

This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. 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, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. 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 the Provider and the User with regard to the use of the Content and this Website.

Your comments

The Provider values feedback received from visitors to the Website. However, the User agrees not to transmit any material that is unlawful, harmful, defamatory, abusive, threatening, vulgar or obscene. The User remains liable to any third party for their comments, and the Provider is not liable to any third party for the content of the User’s comments. Please also note that we cannot respond to all feedback we receive.

Contact information

This Website is run by JHG Wines, based in South Africa trading as JHG Wines under authority of Wesley Du Plessis.

If you have any queries related to these Terms & Conditions, or wish to request permission to use any part of this Website, please contact us at:

Telephone: +27 (0)79 892 2350

E-mail: winefundie@jhgwines.co.za