Introduction

These terms and conditions govern the use of www.unlabelledwine.co.za, www.unalbeledwine.co.za, www.unlabelledwine.com and www.unlabeledwine.com (“the website”) and the purchase of any goods from it. These websites are owned and operated by The Wine Registry CC (“The Wine Registry CC”)

Description of Goods and Services

The Wine Registry is a web-based wine registry in the business of marketing wine via a web-based gift registry, sourcing and selling unlabelled wines with or without personalised wine labels for both private and corporate use and sourcing and supplying wines for private customers.

Acknowledgement and Acceptance of Terms and Conditions

By accessing, using or browsing the website you agree to be bound by its terms, conditions, disclaimers and limitations of liability. (“Terms and Conditions”). The Wine Registry CC may at any time revise the Terms and Conditions by updating this web site without providing notice to you. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions.

Payment Options Accepted

Payment may be made via Visa, Mastercard or by bank transfer into The Wine Registry bank account, the details of which will appear on the web site at the appropriate point or will be provided by request.

Credit Card Acquiring and Security

Credit card transactions will be acquired for The Wine Registry via Paygate (Pty) Ltd who are the approved gateway for Standard Bank of South Africa. Paygate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may refer to www.paygate.co.za

Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the card holder is South Africa. Transaction currency is South African Rand (ZAR)

Responsibility

The Wine Registry takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

Country of Domicile

This website is governed by the laws of South Africa and The Wine Registry chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

Limitation of Liability

Any liability of The Wine Registry CC or The Wine Registry’s associates in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of The Wine Registry CC be limited to:
In relation to goods
the replacement of the goods
the supply of equivalent goods
the payment of replacing the goods
the payment of the cost of equivalent goods
in relation to services
the supplying of the services again; or
the payment of the cost of having the service supplied again
Disclaimers

You understand and agree that your use of the website is at your sole risk. The website is provided on an “as is” and “as available” basis.

The Wine Registry CC and any of its directors, officers, employees, consultants or shareholders (“The Wine Registry CC’s Associates”) make no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, or products included on the website. The Wine Registry CC does not warrant that this website, its servers, or e-mail sent from The Wine Registry CC are free of viruses or other harmful components.

To the fullest extent permitted by applicable law, The Wine Registry CC disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement.

You acknowledge and agree that, subject to the section dealing with “Limitation of Liability”, The Wine Registry CC or The Wine Registry CC’s Associates will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.

Copyright

All content included on these websites and the products or services provided or sold by The Wine Registry CC including the text, graphics, logos, icons, images, audio and video clips and software is the property of The Wine Registry CC and/or its content supplier and protected by South African and international copyright laws.

You may not reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the information or the services found in the website in any manner without the express written consent of The Wine Registry CC, or use such information or services for any unlawful or unauthorised purpose. Permission is granted to electronically copy and/or print hard copies of pages from the website solely for personal non-commercial purposes only.

If you believe any material contained in the website infringes your intellectual property, please notify The Wine Registry CC of the alleged copyright infringement by e-mailing info@thewineregistry.co.za

Information Provided by You If you purchase goods or services from the website or subscribe to the e-mail newsletter, we may require you to provide your name, address, e-mail address, credit card or other details (“customer information”). You agree to provide The Wine Registry CC with current, complete and accurate customer information when asked to do so by the website or an employee of The Wine Registry CC.

If you submit suggestions, ideas, comments, questions or other information (“material”) to The Wine Registry CC you are responsible for such material and responsible for the consequences of any material you provide. The material shall not:

be false, misleading or fraudulent;
infringe any intellectual property rights;
violate any law, statute or regulation;
be obscene, threatening or defamatory; or
contain any viruses, worms or other harmful components that are intended to damage, interfere with, intercept or expropriate any software, hardware, system or data.
The Wine Registry CC reserves the right to edit, restrict or remove any material you provide for any reason at any time. The Wine Registry CC takes no responsibility and assumes no liability for any material posted by you or any third party.

By submitting any material to us, you agree that The Wine Registry CC may use your material for any purpose, including reproduction, transmission, publication, broadcast or posting.

Any material you submit to the Wine Registry CC will be treated in accordance with our Privacy Policy

Collecting Your Personal Information

When you visit the website, we may occasionally ask you to provide us with some personal information. This may include your name, mailing address, e-mail address, contact details and payment details. Other information may also be collected with your permission from time to time including preferences such as likes and dislikes.

Using Your Personal Information

Information that we collect from you may be used to: Provide the products and services you have requested; Contact you when we experience difficulty in fulfilling your request;
Communicate to you new products and services, promotions or offers; and better understand our customer base and improve our products and services.

Note we only send out periodical communications to people who have “opted in” to receive it. We do not send out “spam” to our members and honour their right to privacy.

Security of Your Personal Information

We endeavour to take all reasonable steps to prevent unauthorised access to your personal information. However, security of communications over the internet cannot be guaranteed and you do so at your own risk. The Wine Registry CC will not be held responsible for events arising from unauthorised access to personal information. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act2 of 2000 (PAIA) may be downloaded from: http;//www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

Availability of site

The Wine Registry CC may, in its sole discretion, at any time suspend or terminate the operation of the site or any of the services provided via the site or advertised on the site, without prior notice to you and without the need to provide you with reasons.

Links to Other Sites

The website may contain links to other websites that may collect personal information from you. This privacy policy has no application to these websites and The Wine Registry CC is not responsible for the privacy practices or the content of such sites.

Product Information

Although we make every effort to ensure that products are in stock when so indicated and that information and prices concerning products and services listed on the website are accurate, the prices and availability of such products and services are subject to change without notice. If a product or service has been listed at an incorrect price, The Wine Registry CC reserves the right to refuse or cancel your order for that product or service even if your order has been confirmed. Your receipt of confirmation of an order from us does not signify our acceptance of that order, and we may cancel such order or supply less than the quantity you ordered.

Placing and Accepting Orders

Orders will not be despatched until payment in full has been received and The Wine Registry CC is satisfied with the integrity of the order.

Without limiting the operation of any Terms & Conditions therein, The Wine Registry CC takes no responsibility for any loss or damage caused by late delivery or cancellation of an order or a product.

Placement of an order by you constitutes an offer to enter into an agreement with us (“your offer”).The Wine Registry CC will e-mail you an Order Confirmation for the sole purpose of confirming the details of your offer. The Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.

Cancellation by Us

The Wine Registry CC reserves the right not to provide goods or services or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of other Terms & Conditions, we will not be held liable for loss or damage arising from exercising these rights.

Cancellation by You

If you need to cancel an order, please immediately e-mail info@thewineregistry.co.za. Our agreement with you commences once we have both confirmed your order and processed your payment. Once we have accepted payment for an order, cancellation of the order is within our sole discretion and will incur a 5% administration fee.

Delivery

Subject to availability and receipt of payment, requests will be processed and delivered:
In the case of event and personal wine orders on dates supplied directly with the customer
We provide an estimated date for delivery but while we make every effort to deliver by this time, all dates are estimates only. We engage courier partners who we believe will do their best to deliver by the estimated delivery date. Transport costs will vary according to destination and costs will either be built into the wine costs or be directly for the recipients account in the case of the gift registry. Other orders will have costs quoted on the invoice and will be included in the total.

Please note that if an item has been lost in transit, we will not despatch a replacement item immediately but will endeavour to do so as fast as possible. Replacement items will be dispatched according to our discretion.

Without limiting the operation of other Terms & Conditions therein:
We will not accept liability for any loss or damage arising from a late delivery; You agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancel your order; and We will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

Links to Other Websites and Services

The Wine Registry CC is not responsible for, and makes no warranties or claims with respect to any websites linked directly or indirectly via the website.

Any such website is independent from the website and The Wine Registry CC has no control over, or responsibility with respect to the information provided or activities undertaken by such website.

The appearance of a website link does not mean that The Wine Registry CC endorses such websites. When leaving the website, please be aware our Terms & Conditions and other policies no longer govern.

Release and Indemnity

You agree to waive any and all claims that you know have or may have in the future against The Wine Registry CC and The Wine Registry CCs associates which relate to or are incidental to any transaction.

You agree to indemnify and hold The Wine Registry CC harmless from and against any and all claims, loss or expense that may be incurred by The Wine Registry CC or The Wine Registry CC’s Associates which relate to or are incidental to the performance of its duties as described in these Terms & Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

You further agree to indemnify and hold The Wine Registry CC and The Wine Registry CC’s Associates harmless from any claim made by any third party due to or arising out of your use of the website, the violation of these Terms & Conditions by you, or the infringement by you, or other users of the website using your membership account, of any intellectual property or other right of any person or entity.

Right to amend this agreement

We reserve the right to amend these terms and conditions at any time. All amendments to these terms will be posted on the site (“the current version”). Whenever you access the site you will be bound to the current version. You may terminate this agreement by written notice to us if you do not wish to be bound by the current version. Continued use of this site will be deemed to constitute acceptance of the current version. Unless otherwise stated the current version shall supersede and replace all the previous versions of the terms and conditions. A print-out signed by the webmaster responsible for maintaining this site will serve as prima facie proof as to the date of publication and content of the current version.

Company Information

This website is run by The Wine Registry CC based in South Africa trading as The Wine Registry CC and with the registration number 2003/084483/23 and members Gillian Gore Gant and Anne Frances Alessandri.