ONLINE WINE SALES: TERMS AND CONDITIONS

General

All orders placed online with Neil Ellis Wines constitute your (the customer’s) offer to purchase the wine products subject to these terms and conditions. The terms and conditions of Neil Ellis Wines’ website (“the Website”) are incorporated by reference into the terms and conditions of the Neil Ellis Wines Online Shop Website (“Online Shop”).

Legal drinking age

No wine products will be sold to anyone under the age of 18 (eighteen) years. Should you purchase any wine products through the Online Shop, the person receiving delivery of such wine products may be required to show identification proving that he or she is of the applicable legal age.

Market

The online wine sales service offered by the Online Shop is currently only available to buyers in the Republic of South Africa.

Availability

All the wine products displayed on the Website are subject to availability. In the event of a particular wine product not being available, we will immediately contact you to suggest an alternative wine 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. We reserve the right to discontinue, or change, the specifications of our wine 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.

Payment

All prices quoted on the Online Shop are in South African Rand (ZAR), and include Value-Added Tax. Prices quoted are per bottle or per case, as indicated. All prices posted on the Online Shop are exclusive of delivery costs, and delivery costs will be stated separately in our confirmation of your order on the checkout page which may vary daily and for each order. Payment is accepted via credit card (Visa, Master Card, Diners) or by direct electronic transfers from only, South African bank accounts.

Credit Card Security and Privacy

The private information required for executing the order placed through the Online Shop, namely 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 order or permitted by law. Credit card transactions will be acquired for Neil Ellis Wines by Payfast (Pty) Ltd (“Payfast”). Payfast use the strictest encryption; go to www.payfast.co.za to view their security certificate and security policy. No credit card details are stored on the Online Shop.

Delivery

On receipt of payment, delivery will be made to the address on your application form. Delivery usually takes place 5-10 working days from receipt of funds. All deliveries made will be by road freight directly to your nominated address. All goods must be signed for on delivery. If no one is available at the nominated address when delivery is attempted, the wine products will be retained by the courier, in which case notification of the attempted delivery will be given. Should the wine products ordered be returned to Neil Ellis Wines, any further delivery attempts will also be at your cost. We 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 wine products ordered from us after delivery has been made to your nominated delivery address. Wine products are only insured up to the point of delivery. Risk in and to the products will transfer to you upon completion of delivery.

Returns

Your satisfaction is our main priority. If for any reason you are dissatisfied with the quality of our products, please contact us and return the products at your cost within 30 (thirty) days of delivery of your order. If the products were indeed faulty in any respect when delivered to you, we will issue a replacement, or refund you the price of the products, as well as the cost of delivery to return the products to Neil Ellis Wines, within 30 (thirty) days from receipt of returned goods. You will be deemed to have accepted the order should you not return the products within the 30 (thirty) day period. If the delivery does not match the ordered products, we will gladly replace the incorrect products. Unfortunately, we cannot replace or refund you for any case where the wine products do not meet personal preference. You are more than welcome to contact us for any advice on wine selection prior to purchase.

Cancellation

An order is cancelled once you have notified Neil Ellis Wines and have received our confirmation of receipt of your cancellation notice. Cancelled orders will be refunded after deduction of a charge equal to 5% (five percent) of the purchase price for administration costs. Orders may be cancelled by calling us on +27 21 887 0649 or by email sales@neilellis.com We reserve the right to debit your payment card for the delivery fees in respect of any late cancellations, in addition to the charge.

Variation

Neil Ellis 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 Neil Ellis Wines may subsequently make to these terms and conditions.

Jurisdiction

These terms shall be solely and exclusively governed by and construed and interpreted in accordance with the law of Republic of South Africa. The parties agree that the agreement shall, for purposes of jurisdiction, have been concluded at the Neil Ellis winery on Helshoogte Road (R310) Stellenbosch If any of these terms or conditions are held by a court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, then such terms or conditions will be regarded as severable, and will not affect the validity of the remaining terms and conditions which will continue to be valid and enforceable to the fullest extent permitted by law.