Alheit Vineyards

Privacy Policy

Alheit Vineyards cc – Website terms and conditions and Privacy Policy

Introduction

www.alheitvineyards.co.za (the “website”) is the online platform of Alheit Vineyards cc (the “producer”) with an e-commerce wine shop for the sole purpose of selling and distributing their own products to their clientele either residing in South Africa or with a valid physical address within the borders of South Africa.

These Terms of Use

Your access to and use of the Website is subject to your compliance with the terms and conditions set forth below, including all exhibits hereto. Please examine these carefully before accessing or using the Website. By accessing or using the Website, you agree to be legally bound by the terms of use set forth below. You may not access or use the Website should you not want to be bound by these terms and conditions. It is your responsibility to review this documentation regularly, and to ensure that you agree with any amendments to these terms of use. If you do not agree with any amendments to these terms of use, you may no longer access the Website. Chapter VII of the ECT Act grants certain rights to any natural person who enters or intends entering an “electronic transaction” with us on the Website. None of these terms of use are intended to limit the rights so granted by the ECT Act.

Legal age and capacity

You may not access the Website and may not accept these terms of use if you lack the legal capacity to enter a binding contract with us; are a person barred from accessing the Website under the laws of the Republic of South Africa or other countries including the country in which you are resident or from which you access the Website. By accessing the Website and/or the content you represent and warrant that you are of full legal age or are emancipated or have your guardian’s consent to enter a contract being these terms of use. The Sale of Wine to Minors is Prohibited by Law.

The age at which wines may be sold and delivered to persons is legislated in each country. In the Republic of South Africa, United Kingdom and the European Union wines may be sold and delivered only to persons who are at least 18 years of age. By ordering from the Website, you affirm that you are at least of the applicable legal age and that the person to whom your wine will be delivered is also of applicable legal age. When the wines are delivered, the person receiving delivery may be required to show identification proving that he or she is of applicable legal age.

Intellectual Property Rights

All the content on the Website, including text, graphics, logos, icons, designs, colours, layout, and trademarks are the intellectual property of Alheit Vineyards cc and its associates or licensed to Alheit Vineyards cc and as such protected by South African and International Intellectual Property Law.

Privacy

We shall take reasonable steps to protect your personal information. For the purposes of this policy “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000. We may electronically collect, store, and use personal information with your consent (if you do not consent to this, please do not access, or register on the website).

This personal information might include, but is not limited to, the following:

  • name and surname;
  • age and/ or birthday;
  • verification that you are of legal age;
  • gender;
  • address and contact details including your
  • email address;
  • phone number/s;
  • country of residence;
  • area or postal code;
  • personal preferences if provided;
  • browsing history;
  • purchase history;
  • non-personal browsing habits and click patterns;
  • IP address.

We collect, store, and use the personal information described to (but not limited to) the following:

  • enable you to create a personal profile on this website;
  • enable you to make use of this website in the manner described on this website, from time to time;
  • enable us to make relevant wine recommendations on a personalised basis;
  • communicate information to you regularly, for example through newsletters;
  • compile and maintain the website and client database;
  • register and/or authenticate users of and/or visitors to the website;
  • identify and take reasonable measures to prevent fraudulent uses of or access to the website;
  • compile non-personal statistical information about browsing habits, click patterns and access to the website;
  • track client database size and growth; and
  • track compliance of registrants and third parties with these terms of use.

The personal information is collected either electronically (for example, using cookies) or is provided voluntarily by users of and/or visitors to the website. You may determine cookie use independently through your web browser settings. You may request details of your personal information which we collect, store and use. If your personal information is inaccurately or incompletely reflected in our database, you agree that it is your responsibility to notify us of this fact and to supply us with the accurate or complete information to enable us to address your concerns. Personal information collected from you may be deleted from the website and member databases when your account on the website is terminated for any reason. We will never share, disclose, or sell the personal information unless we are required to do so by law.

Disclaimer

YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED “AS IS”. ALTHOUGH WE TAKE STEPS TO VERIFY INFORMATION PRESENTED ON OR THROUGH THE WEBSITE, WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, RECOMMENDATION OR OTHER INFORMATION CONTAINED IN, DISPLAYED ON, LINKED TO OR DISTRIBUTED THROUGH THE WEBSITE OR THE CONTENT OTHER USERS MAY PUBLISH TO THE WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION SHALL BE AT YOUR SOLE RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS ON THE WEBSITE WITHOUT NOTICE TO YOU.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

WHILST WE TAKE REASONABLE PRECAUTIONS IN OUR OPERATION OF THE WEBSITE, YOU AGREE THAT NEITHER WE OR ALHEIT VINEYARDS’ ASSOCIATES SHALL BE LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR DAMAGES HOWEVER ARISING AND WHATEVER THE CAUSE, IN PARTICULAR PURSUANT TO AND IN FURTHERANCE OF THIS AGREEMENT, YOUR ACCESS TO THE WEBSITE OR FROM YOUR INABILITY TO ACCESS THE WEBSITE. WE WILL USE REASONABLE ENDEAVOURS TO MAKE THE WEBSITE AVAILABLE TO YOU AND KEEP THE WEBSITE AVAILABLE TO YOU AT ALL TIMES. HOWEVER, YOU AGREE THAT WE SHALL NOT BE LIABLE IN RESPECT OF ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM THE UNAVAILABILITY OF, ANY INTERRUPTION IN, YOUR ACCESS TO THE WEBSITE (EITHER IN PART OR AS A WHOLE) FOR ANY REASON WHATSOEVER.

  • Prices valid while stocks last.
  • Vintages subject to differ between offers.
  • Alcohol not for sale to persons under the age of 18.
  • Delivered nationwide strictly within the borders of South Africa only.
  • We reserve the right to limit quantities. No traders. VAT included.

INDEMNITY

YOU HEREBY INDEMNIFY US AND ALHEIT VINEYARDS’ ASSOCIATES FROM ANY LOSS, DAMAGE, DAMAGES, LIABILITY, CLAIM OR DEMAND DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE OR YOUR BREACH OF THESE TERMS OF USE.

Rights Infringement

If you are of the view that your rights have been infringed through the unlawful use of the Website in any way whatsoever, you may address a complaint to us which satisfies the following requirements and/or contains the following information:

  • the full names and address of the complainant;
  • the written or electronic signature of the complainant;
  • identification of the right that has allegedly been infringed;
  • identification of the material or activity that is claimed to be the subject of unlawful activity;
  • the remedial action required to be taken by the service provider in respect of the complaint;
  • telephonic and electronic contact details, if any, of the complainant;
  • a statement that the complainant is acting in good faith;
  • a statement by the complainant that the information provided is to his or her knowledge true and correct.

Please address your notifications to:

Office Administrator Email: office@alheitvineyards.co.za

We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where necessary. Such action may include, but is not limited to, removing the offending content from the Website and/or suspension or termination of the offending registrant or third party.

Dealings With Third Parties

LINKS TO AND FROM THE WEBSITE FROM AND TO OTHER WEBSITES BELONGING TO OR OPERATED BY 3RD PARTIES (“HYPERHYPERLINKED WEBSITES”) DO NOT CONSTITUTE OUR ENDORSEMENT OF SUCH HYPERLINKED WEBSITES OR THEIR CONTENTS, NOR DO WE NECESSARILY ASSOCIATE OURSELVES WITH THEIR OWNERS OR OPERATORS. YOU ARE SOLELY RESPONSIBLE FOR IDENTIFYING AND FAMILIARISING YOURSELF WITH ANY TERMS OF USE WHICH WILL GOVERN YOUR RELATIONSHIP WITH SUCH THIRD PARTY. WE HAVE NO CONTROL OVER HYPERLINKED WEBSITES AND YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, INFORMATION, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH HYPERLINKED WEBSITES OR FOR ANY DAMAGE, DAMAGES OR ANY OTHER LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON ANY SUCH CONTENT, INFORMATION, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH HYPERLINKED WEBSITES. YOU AGREE THAT WHERE YOU ACCESS HYPERLINKED WEBSITES, YOU DO SO ENTIRELY AT YOUR OWN RISK. YOUR INTERACTION, CORRESPONDENCE OR BUSINESS DEALINGS WITH 3RD PARTIES WHICH ARE REFERRED TO OR LINKED FROM OR TO THE WEBSITE IS SIMILARLY ENTIRELY AT YOUR OWN RISK AND ARE SOLELY BETWEEN YOU AND SUCH 3RD PARTY INCLUDING THE ACQUISITION, DISPOSAL, PAYMENT AND DELIVERY OF ANY GOODS OR SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH INTERACTION, CORRESPONDENCE OR BUSINESS DEALINGS.

Applicable Law

The website is created, maintained, and controlled in the Republic of South Africa and as such the laws of the Republic of South Africa and the jurisdiction of the South African Court govern this user agreement and the use or inability to use the Website.

Change to User Agreement

Alheit Vineyards cc reserves the right to make changes to the Website and this user agreement at any time without notice.

Disclosures required by the ECT Act.

In as far as transactions on the Website are classified as “electronic transactions” in terms of the ECT Act, we disclose the following information in terms of Chapter VII of the ECT Act:

Our full name and legal status

Alheit Vineyards cc, a closed corporation under the laws of the Republic of South Africa. Registration number: 2011/004605/23
Street address
Hemelrand Farm, R320, Hemel-en-Aarde Vally, Hermanus, Western Cape, South Africa
Postal address
PO Box 711, Hermanus, 7200 Physical address for receipt of legal service Hemelrand Farm, R320, Hemel-en-Aarde Valley, Hermanus, Western Cape, South Africa