Ernie Els Wines

Terms and Conditions

Acceptance of Terms

The Supplier permits the use of this Website subject to these terms and conditions (“the Terms and Conditions”). By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions. Your use of any Services offered by us will also be subject to applicable provisions of the Terms and Conditions. In the event of any conflict between the Terms and Conditions and any other conditions stipulated elsewhere, the Terms and Conditions as contained herein will prevail.

Use of the Website

The contents of this Website, including any content, information, software, icons, text, links, graphics, layouts, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright and trademark law, and are owned by or licensed to The Supplier. No license to or right in any of such contents is granted to or conferred upon you. Any unauthorized use, distribution or reproduction of the said contents is prohibited.

By entering this Website, you agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Website and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic devices, or manual process to monitor or copy the pages of the Website or the content contained herein, without the prior written consent from an authorized The Supplier representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website). You may not use the Website to distribute material which is defamatory, offensive, and unlawful or contains hate speech.

Disclaimer

While The Supplier takes reasonable measures to ensure that the contents of this Website are accurate and complete, The Supplier makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website. The Supplier reserves the right to make changes, corrections and/or improvements to the information and to the products and programs described in such information, at any time without notice.

The Supplier will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserves the right to discontinue providing the Website or the service or any part thereof with or without notice to you. Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.

In addition to the disclaimers contained elsewhere in these Terms and Conditions, The Supplier also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. The Supplier does not accept any responsibility for any errors or omissions on this Website.

Linked Third-Party Website and Third-Party Content

This Website may contain links or references to other websites outside of our control, including those of advertisers. These Terms and Conditions do not apply to those websites and The Supplier is not responsible for the practices and/or privacy policies of those sites or the cookies those sites use. In addition, because The Supplier has no control over such external sites and resources, you acknowledge and agree that The Supplier is not responsible for ensuring the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Your use of such other websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other websites or your reliance on any information contained on those websites.

Permission for Hyperlinks, Deep Linking, Crawlers and Metatags

Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this Website or any subsidiary pages before receiving the prior written approval of an authorised representative of The Supplier, which may be withheld or granted subject to such conditions The Supplier may specify from time to time. Furthermore, this Website or any part hereof may not be “framed” or “deep linked” in any way whatsoever. This Website may from time to time contain message boards which allow users to comment on their experience at The Supplier. At times those comments may contain references to matters not related to The Supplier. Those references do not necessarily represent the views of The Supplier.

Limitation of Liability

The Supplier shall in no way be liable for any direct, indirect, incidental, special or consequential injury, loss or damages which might arise from your use of, or reliance

upon, any material or content contained in the website or any linked website, or any inability to use the website, or any unlawful activity on the website caused beyond the reasonable control of The Supplier.

You hereby indemnify The Supplier against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website or the receipt by you of an electronic mail from the supplier or one that purports to emanate from The Supplier, unless the loss, claim or damage arises as a result of the gross negligence of The Supplier.

Changes to these Terms and Conditions

The Supplier reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.

Termination

The Supplier may in its sole discretion terminate, suspend and modify this Website and/or your use of this Website, with or without notice to you. You agree that The Supplier will not be liable to you in the event that it chooses to suspend, modify or terminate this Website or your use of this Website.

Governing Law

The Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa and application for any of the services offered on these pages or sites 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 such services.

Online Store Terms and Conditions

Delivery Policy

During the purchase process, The Supplier will determine your delivery options based on your delivery address and postal code. For South African orders, irrespective of whether you select door to door delivery, or door to counter delivery, The Supplier will deliver within 10 – 14 working days, depending on where you live.

Late Delivery

The Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitles you to cancel your purchase with 7 days’ notice if the products you have purchased are not delivered within the agreed delivery period as specified in The Supplier Terms and Conditions. The product(s) in question must be returned to The Supplier in their original state, including all labels. Any such cancellation must be done by e-mail to orders@ernieelswines.com​. The Supplier will then refund you within 30 days after date of such notification.

Stock shortages

Should a product you have ordered be:

temporarily unavailable – The Supplier will notify you thereof as well as the anticipated delay in delivery and, unless you agree to wait for such longer period for delivery, you have the option to accept delivery of another product instead.

permanently unavailable – The Supplier will notify you and, unless you agree to accept another product instead, The Supplier will issue a refund in respect of that product to you.

Non-defective products (your right to return due to cooling-off right)

Save for certain exceptional cases (including purchases of made-to-order products, products likely to deteriorate, foodstuff, beverages, goods for everyday consumption, goods that the price depends on fluctuation, unsealed audio or video recordings, newspapers, magazines, books and periodicals), you are entitled to return any purchase concluded by The Supplier within 7 calendar days of the product(s) being delivered. In order to obtain a purchase price refund, the product(s) being returned must be sent back to The Supplier in accordance with the return procedure set out below.

Consequently, if upon receiving your purchase, you are not satisfied with your choice of product(s) and wish to return it for a refund as aforesaid, please retain the product(s)’ original packaging and do not use the product.

If the incorrect product is delivered to you by mistake (i.e. it is not the product you purchased), please do not remove the product from its original packaging or try the product on at all. Please promptly contact The Supplier to notify The Supplier thereof, so that we can resolve the mistake by arranging to collect such product from you and deliver the correct product to you as quickly as possible.

Returns or Defective Goods

The Supplier guarantees the quality of all products supplied, and your satisfaction is our foremost priority.

If for any reason you are dissatisfied with your order regarding the quantity of the delivery, please contact us in writing within 14 days of delivery of your order. You will be deemed to have accepted the order should you not contact us within the 14-day period.

If the goods are however defective within 6 months after delivery and/or the best before date (whichever occurs first) please contact us and return the items at your cost. If after inspection the product is subsequently found to indeed be defective, you are entitled to either –

(a) be fully refunded, or (b) have the product replaced at our expense.

If we find that the items were faulty in any respect when delivered to you, we will also refund the cost of delivery within 30 days. If the product is found not to be defective, you will not be entitled to any replacement or refund but will instead be liable for the costs incurred in having such product redelivered to you.

Return procedure to be followed:

Contact The Supplier by e-mail at orders@ernieelswines.com and specify the following: the reason for the return; the date the product(s) was bought and the date the product(s) was delivered including a reference number or proof of purchase; the banking details for the refund (if applicable).

Please do not return the product without the written approval of The Supplier. The supplier will give you instructions of how the product(s) must be returned.