1.1 This website can be accessed at stilbaaikelders.co.za (the website) and is owned by Mandinka 64CC (“the Company”), which is a business in the liquor distribution and sales industry.
1.1.1 The applicant or user of the website will be referred to as “the Customer”.
1.1.2 The Company and the Customer shall be collectively referred to as “the Parties”.
1.1.3 Mandinka 64 CC is a closed corporation correctly registered in accordance with the laws of the Republic. Registration number 2007/022681/23.
1.1.4 WCP, NLR Liquor : WCP/007253 Distributor NLA 6668
1.2 The Website enables you to shop online for an extensive range of goods which may include wine, liquor as well as various beers as well as the service of delivery of said goods and shall for purposes hereof be classified as “Goods” or “Services” as the case may be.
1.3 These Website Terms and Conditions govern the online procurement of Goods and the rendering of the related delivery Service as well as the use of the Website.
1.4 These Terms and Conditions are binding and enforceable against every person, legal or natural, who procures Goods and Services through the use of the Website and by Clicking on the “I agree” button on the Website, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.4.1 These Terms and Conditions will apply to all agreements between the Company and the Customer. For the sake of clarity, this will include all accepted quotations and/or purchase prices as indicated on the Website, and no variation, alteration, cancellation of or addition to these termswill bind the Company unless reduced to writing and signed by an authorised representative of the Company or contained in an invoice or other document issued by the Company.
2. Price and payment
2.1 With regard to Goods the price shall be stated on the Website.
2.2 In the event of Services and depending of the nature thereof the Company will deliver to the Customer an electronic quotation setting out the Services that will be rendered and the amount payable in respect thereof.
2.3 All orders will be binding and, subject to these Terms and Conditions, may only be cancelled within 24 hours after the order was placed.
2.4 The price payable by the Customer for the Goods and/or Services will be subject to adjustments for an increase in transport costs, taxation rates applicable to the Goods or Services, the introduction of any new Tax, levy or tariff payable by the Company in respect of the Goods and Services.
2.5 In the event of Goods to be delivered to a Customer the price thereof will be payable immediately.
2.6 Payments of any amounts due by the Customer with regards to Services will be made to the company immediately after the invoice has been issued.
2.7 In respect of Goods and Services, once a Customer has selected their method of payment as well as accepted these Terms and Conditions the Customer will be directed to a link to a secure site for payment of the applicable purchase price of the Goods, which is payable immediately.
3. Delivery and Risk of Ownership
3.1 The method of delivery of Goods shall be by way of courier.
3.2 Some Goods may carry additional delivery fees. Such additional fees are included in the delivery cost upon checkout.
3.3 Goods will be delivered to a Customer as soon as possible, but no later 30 (thirty) days after receipt of payment.
3.4 The Company will notify the Customer in the event where goods are unable to be delivered during the Delivery period, where after the Customer may within 7 (seven) business days of receiving such a notification, elect whether or not to cancel the order for the Goods and the Company will reimburse the Customer for the purchase price.
3.5 The risk of damage or destruction of Goods passes to the Customer upon delivery of an order for Goods by the Customer and which order has been accepted by the Company.
3.6 The ownership shall remain in the Company until the full debt owing by the Customer to the Company has been paid.
4. Returns and Refunds
The Customer shall be entitled to return Goods purchased within 7 (seven) business days, subject to such Goods being unused, undamaged, in their original packaging and in resale-able condition. Furthermore the Customer must pay the costs to return the goods, before any refund will be considered.
4.1 Should an allegation of defective Goods in any manner be made, the Company shall be awarded with reasonable opportunity to inspect said Goods.
4.2 The provision of Goods and Services is subject to availability and in cases of unavailability the Company shall refund Customers within 30 (thirty) days of purchase.
4.3 The Company shall take all reasonable steps to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of any nature on the Website (which is not due to the Company’s gross negligence), the Company shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of incorrect purchase price – to the extent of refunding the Customer for any amount already paid.
5.1 All goods taken on approval by the Customer deemed sold if not returned in the original state within 7 (seven) business days of issue.
5.2 In the events of goods that are defective, the rights of the Customer are limited to the standard guarantee of goods supplied by a third-party supplier.
5.3 To be valid, guarantee claims must be supported by the original Tax invoice and not be tampered with in any way.
5.4 All guarantees are immediately null and void should any product be tampered with.
6.1 Under no circumstances will the Company be liable for direct, consequential, general or special damages arising from:
6.1.1 Any cause whatsoever, and the Customer herby indemnifies the Company against all claims of whatsoever nature which may be made against the Company arising from the use by any person of the Services or Goods provided in terms hereof.
6.1.2 Under no circumstances will the Company be liable for damage from misuse or abuse of the Goods.
6.1.3 Liability under the standard guarantee is restricted to the cost of repair or replacement of faulty Goods. It is the duty of the Customer to return any defective Goods to the premises of the Company or as agreed to by both Parties.
6.1.4 Under no circumstances will the Company be liable for any consequential damages whatsoever.
6.1.5 No claim under this agreement against the Company will arise unless the Customer has given the Company 30 (thirty)days written notice by prepaid registered post to rectify any defect or breach of contract.
The Company shall take all reasonable steps to protect the personal information of the Customers. For the purpose of this clause, “personal information” shall be defined as detailed in the (PAIA).
8.1 The Customer herby consents to the jurisdiction of the Magistrate’s Court in respect of all proceedings connected with these Terms and Conditions notwithstanding that the amount claimed may exceed the jurisdiction of the Magistrate’s Court, provided that the Company will not be obliged to institute action in the Magistrate’s Court.
8.2 The person/s agreeing to these Terms and Conditions hereby warrant/s that he/she/they is/are duly authorised by the Customer as well as the law to do so and indemnify/ies the Company against any loss or damages sustained by it in the event of such a warranty being incorrect.
8.3 The Customer herby acknowledges and agrees that the Company may, subject to giving the Customer 10 (ten) business days’ notice, transfer, assign, or cede any or all of its rights, as stipulated in these Terms and Conditions, against the Customer to any third-party (natural or juristic)
9. Use of the Website
Within the Republic of South Africa the legal drinking age is 18. Alcohol is not for sale to persons under this age. When the Customer clicks on the confirm purchase button they are agreeing that they are 18 years or older and can legally purchase alcohol within the Republic. Furthermore they indemnify the Company from any damages whatsoever that may arise from the use of this website. The Company may require suitable documentation to prove your age. If such documentation is not provided the purchase of goods and related services may be refused.