Terms of service

1. GENERAL

• This website can be accessed at www.raatswines.co.za (“the Website”) and is owned by Raats Family Wines.
• These Terms and Conditions govern the use of the Website and are binding and enforceable against every person that access or use this Website in respect of any of the links referred to above. By using this Website, users acknowledge that they have read and understood and agree to be bound to these Terms and Conditions.
• The “Shop Now” option on the Website enables users to order and buy products produced by or on behalf of Raats Family Wines. Users acknowledge and agree that the list of Products may be updated/amended by Raats Family Wines at any time in its sole discretion and further that ordering, sale and delivery of Products are governed by these Terms and Conditions.
• Any user who do not accept these Terms and Conditions may not use this Website in any manner whatsoever including, but not limited to, placing orders for any of our Products.

2. CONSUMER PROTECTION ACT, NO. 68 OF 2008 (“the Act”)

These Terms and Conditions apply to users who are “consumers” for the purposes of the Act.

Users’ attention is specifically drawn to clauses underlined in the text which:

• may limit the risk or liability of Raats Family Wines; and/or
• may create risk or liability for the user; and/or
• may compel the user to indemnify Raats Family Wines; and/or
• seems as an acknowledgement by the user of a fact.

3. REGISTRATION OF AN ACCOUNT

Users are not compelled to create an account on the Website, but may create an account in order to regularly order and buy Products.

To register an account, users will be required to provide certain personal information and must provide a unique username and password. The unique username and password may be used to access the Website to order and purchase Products.

Should you register an account, you agree and warrant that your username and password shall:

• be used for personal use only; and
• not be disclosed by you to any third party.

You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

You agree to notify Raats Family Wines immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

4. USE OF THE WEBSITE

By using the Website, users agree:

• not to use in any way any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website;
• not to use in any way any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein;
• not to use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful; and
• not to display, publish, copy, print, post or otherwise use the Website and/or the information contained herein in any way without the express prior written consent of Raats Family Wines.

5.  LEGAL DRINKING AGE

No Products consisting of wine or wine related Products will be sold to any person under the age of 18 (eighteen) years.

Any person receiving delivery of such wine related Products may be required to show identification proving that he or she is of the applicable legal age of 18 (eighteen) years or older.

6. ORDERS AND AGREEMENTS OF SALE

Users may place orders for Products by using the “Shop Now” link on the Website.

Such order shall constitute your (the Customer’s) offer to purchase the Products selected subject to the terms and conditions referred to below.

Such an order shall be complete on confirmation of receipt of payment by Raats Family Wines when:

• a credit card authorisation is received from the issuing bank; or
• the exact amount has been received in our bank account via electronic funds transfer (“EFT”) within 5 (five) days of placing the order.

On completion of your order, we shall indicate our acceptance of such order by confirmation email, at which point an agreement of sale is concluded between Raats Family Wines and the Customer.

Raats Family Wines reserves the right to:

• refuse or accept any order without giving any reasons; and/or
• cancel orders in whole or in part as circumstances dictate.

In either event, Raats Family Wines shall not be liable for any losses or damages suffered by the Customer as a result of such refusal or cancellation and shall only be liable to refund monies already paid by the Customer.

Raats Family Wines shall take all reasonable efforts to maintain correct prices on the Website. However, should errors occur and items are offered at incorrect prices, Raats Family Wines shall not be obliged to sell Products at such incorrect prices and Raats Family Wines’s liability shall be limited to a refund of monies already paid by the Customer.

7. PAYMENT

All prices quoted on the Website are in South African Rand (ZAR), and include Value-Added Tax (VAT). Prices quoted are per bottle or per case, as indicated.

All prices posted on the Website are exclusive of delivery costs, and delivery costs will be stated separately in our confirmation of your order which may vary daily and for each order.

Payment is accepted via credit card (Visa, Master Card) or by EFT to our nominated bank account.

Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of the payment. Raats Family Wines may reject any order in respect of which the required information is not provided.

8. CREDIT CARD SECURITY AND PRIVACY

The private information required for executing the order placed through the Website, (including your personal information, credit card details, delivery address and contact number(s)) will be kept in the strictest confidence and not sold or made known to third parties except insofar as is required for executing your order or as permitted by law. Information collected and use thereof will be treated according to our Privacy Policy, which is available on the Website.

Credit card transactions will be acquired for Raats Family Wines by PayFast (Pty) Ltd (“PayFast”). PayFast uses the strictest encryption; go to https://www.payfast.co.za/ to view their security certificate and security policy.

No credit card details are stored on the Website and will be kept separate from other Customer information.

9. CANCELLATION

Orders may be cancelled within 24 (twenty-four) hours of placing the order by emailing us at braats@mweb.co.za or calling us at +27 (0)21 881 3078.

An order is cancelled once you have notified Raats Family Wines in writing or by telephone in accordance with the above clause and have received our confirmation of receipt of your cancellation notice.

If you have already paid for your order and have not yet received an email notifying that your order has already been shipped, you will be refunded in full.

If you have already paid for your order and have also received an email notifying you that your order has already been shipped, then we reserve the right to charge a deduction rate equal to 10% of the purchase price for administration expenses.

Raats Family Wines reserves the right to debit your payment card for the delivery fees in respect of any late cancellations, in addition to the administration charge referred to above.

10. DELIVERY

Delivery of Products as per confirmed orders will be made to the nominated address set out on your order.

Delivery usually takes place within 10 (ten) working days from confirmation of payment or such other period as stipulated in our confirmation email.

All deliveries made will be by couriered directly to your nominated address unless otherwise stated in our confirmation of order.

On delivery to your nominated address you shall be entitled to examine the Products for the purpose of ascertaining whether you are satisfied that the Products are of the type and quality reasonably contemplated on placing your order and complies with the description provided therefore on the Website.

If the delivery contains a larger quantity of Products than was ordered, or consist of some of the Products ordered together with Products not ordered, you may reject delivery of all Products, or accept the delivery of all Products and pay the purchase price for the additional/incorrect Products or accept delivery of the correct Products and reject the incorrect Products.

All Products delivered must, if accepted by you, be signed for by you on delivery. If no one is available at the nominated address when delivery is attempted, the Products will be retained by the courier, in which case notification of the attempted delivery will be given. Should the Products ordered be returned to our premises, any further delivery attempts will also be at your cost.

Raats Family Wines will not be liable for any loss occasioned by any delay in the delivery of any order, nor for any loss, damage or misplacement of any Products ordered after delivery has been made to your nominated delivery address.

Products are only insured by us up to the point of delivery.

Risk in and to the Products will transfer to you upon completion of delivery at your nominated delivery address.

Raats Family Wines offer free delivery, where possible, for orders in excess of R1500, but delivery charges will be charged at a minimum of R150 per order.

12. AVAILABILITY

All the Products displayed on the Website are subject to availability.

In the event of a particular Product included in your order not being available, we will contact you to suggest an alternative Product.

You are then entitled to accept the alternative(s) or such items as can be correctly delivered, or cancel your order.

Special promotions may be subject to certain conditions, including availability and limited offer stipulations.

Raats Family Wines reserves the right to discontinue, or change, the specifications of our Products from time to time without notice, or to adjust our prices in which event you will be informed thereof at the time of confirmation of your order.

13. DIRECT MARKETING

Users may, from time to time, receive information regarding new Products/promotions available on our Website. Should you not wish to receive any such notices, please send us an email at braats@mweb.co.za.

14. VOUCHERS AND COUPONS

Raats Family Wines may, from time to time, make physical or electronic gift vouchers or promotional coupons or discounts available for use on the Website towards the purchase of Products.

The use of such Vouchers and Coupons shall be subject to the Vouchers and Coupons Terms and Conditions, also available on our Website.

15. RECORDS OF TRANSACTIONS

Customers may access a full record of their transaction/purchase history by logging into their account on our Website. Records shall be maintained for a period of 12 (twelve) months.

16. DISCLAIMER

The use of this Website is entirely at your own risk.

To the extent permissible pursuant to applicable law, Raats Family Wines disclaim all warranties of any kind, either express or implied, including but not limited to fitness of our Products for a particular purpose. No oral or written information provided by us shall create a warranty, nor shall you rely on any such information or advice.

Whilst Raats Family Wines takes reasonable measures to ensure that the content of the Website is accurate and complete, Raats Family Wines makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.

Although Products sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Raats Family Wines is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

17. CHANGES TO THESE TERMS AND CONDITIONS

Raats Family Wines may, in its sole discretion, change these Terms and Conditions or any part thereof at any time without notice. However, the Terms and Conditions published here at the time when a specific order is placed will govern that specific order and all matters incidental to the specific order, notwithstanding any amendments which Raats Family Wines may subsequently make to these Terms and Conditions.

18. OWNERSHIP AND COPYRIGHT

The contents of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trademark law. The Website Content is the property of Raats Family Wines, its advertisers and/or sponsors and/or is licensed to Raats Family Wines.

Users will not acquire any right, title or interest in or to the Website or the Website Content.

19. LIMITATION OF LIABILITY

Raats Family Wines shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Website or the content contained in the Website; or your inability to use the Website, and/or unlawful activity on the Website and/or any linked third party website.

You hereby indemnify Raats Family Wines 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.

20. AVAILABILITY AND TERMINATION

Raats Family Wines will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

Raats Family Wines may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Raats Family Wines will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

21. JURISDICTION

These terms shall be solely and exclusively governed by and construed and interpreted in accordance with the law of the Republic of South Africa.

23. INFORMATION DISCLOSURE

The following information of ourselves is disclosed in terms of section 43 of the Electronic Communications and Transactions Act, No. 25 of 2002:

Full name and legal status: Raats Family Wines, Closed Corporation, incorporated under the laws of the Republic of South Africa

Reg. Nr. 2002/023118/23
VAT Nr. 4680212356
Main business Wine production
Physical address Raats Family Wines, Vlaeberg Road, Stellenbosch, 7600
Postal address P.O. Box 2068, Stellenbosch, 7600
Telephone number  + 27 (0) 21 881 3078
Email address braats@mweb.co.za
Website address  www.raatswines.co.za